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HomeMy WebLinkAbout2007 Vail Town Council Minutes • Vail Town Council Evening Meeting Minutes Tuesday, January 2, 2007 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 Rod Slifer. Members present: Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Kim Newbury Mark Gordon Kevin Foley Not present: Rod Slifer, Mayor Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager • Hit expressed heartfelt condolences to the Gerald R. Ford family due to his recent passing. Foley reported Slifer was attending the former President's funeral. The first item on the agenda was Citizen Participation. Local climber Larry Nane proposed naming a bridge at the Vail Golf Course after local climber Susan Nott. Born in Vail, Nott was a mountaineer who died climbing Mount Foraker, Alaska, on May 20, 2006. Local resident Diane Johnson complimented the Public Works crews for their work on snow plowing, tree lighting and the abundant summer flower gardens, all characteristics that make her children love living in Vail. Foley announced Notre Dame would be playing Louisiana State University the following day in the Sugar Bowl. The second item on the agenda was the Consent Agenda. a. Approval of 12.05.06, 12.12.06 and 12.19.06 Minutes. Moffet moved to approve with Foley seconding. Foley commented he was not present for a vote on Item No. 4 of the 12.12.06 meeting. The motion to approve the consent agenda passed unanimously, 6-0. The third item on the agenda was the Town Manager's Report. . LionsHead Parking Structure Financial Critique of Proposals. Community Development 1 • Director Russ Forrest invited two Council members to assist in reviewing the financial critique of the two potential LionsHead parking structure developers. Moffet and Logan were chosen to participate. Zemler asked if Council members were comfortable in using a polling firm to determine citizen support for new uses of the conference center funds which would be brought before voters in the November 2007 election. Gordon confirmed the poll would be as statistically accurate as possible. Zemler reported 250 registered voters would be polled by telephone during the February or March timeframe. Hitt encouraged the participation of the retail and lodging community in reviewing the polling questions. Zemler then announced the town's annual Community Meeting would take place on January 9, 6:00 p.m. at Donovan Pavilion. Gordon asked that a short update be presented on the Vail 20/20 visioning process. Newbury asked that the Vail Recreation District, Eagle River Water and Sanitation District and other partner agencies be invited to participate in the open house portion of the meeting. The fourth item on the agenda was the Windmill Art Event . Art in Public Places (AIPP) Coordinator Leslie Fordham requested that Council approve the expenditure of $94,500 for an event that will promote cultural tourism and bring greater awareness of the visual arts in Vail. Environmental artist Patrick Marold will install 2,700 miniature light- generating windmills on the Vail Golf Course for one month, beginning March 16, 2007 through Earth Day, April 22, 2007. Each windmill is attached to an eight foot high post and will respond to the wind's behavior. The artist envisions the glowing lights, placed in afield of snow, will create a sense of mystery and wonder. Besides providing a unique • visual experience the artist wants to bring attention to renewable energy sources and the power of nature. The twinkling lights will be visible from the Frontage Road and I-70. AIPP will encourage people to walk though the windmill field and will work with the Vail Golf Course to provide nighttime sleigh rides to the site. The project has the support of the Vail Recreation District. The Vail Symposium offered to lend support organizing an artist speaker evening and publicizing the event. AIPP believes Vail has the potential to broaden and promote cultural programs. This event is a first step in taking the visual arts in Vail to a higher level and building a reputation as a first class resort, providing both recreation and arts activities. Impact studies in Colorado have shown that arts events can be powerful economic engines that help sustain and drive the economy. Gordon moved to approve the expenditure with Moffet seconding. AIPP Member Doe Browning asked for Council support of the event. AIPP Member Jen Mason said the town is making huge strides in terms of visual tourism, although the visual arts have been somewhat ignored. Foley clarified only AIPP funds (Real Estate Transfer Tax (RC ~ ~ ~ supported) would be utilized. Hitt said he would not vote for the project as he disagreed with RETT funds being used to promote visual arts as the tax was originally approved for the acquisition of open space. The motion passed 5-1, with Hitt opposed. The fifth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's denial of a setback and site coverage variance application, pursuant to Section 12-6H-6, Setbacks and Section 12-6H-9 Site Coverage, Vail Town Code, to allow for three residential additions, located at 400 East Meadow Drive, Units 3, 5 & 8, Tyrolean Condominiums//Lot 5D, Vail Village First Filing (PEC06- 0070, 0071, 0072). Chief Planner George Ruther reported that on November 13, 2006, • the PEC held a public hearing to consider three (3) requests for variances from Section 12-6H-6, Setbacks, and Section 12-6H-9, Site Coverage, pursuant to Chapter 12-17, 2 • Variances, Vail Town Code, to allow for three (3) residential additions to the Tyrolean Condominiums, located at 400 East Meadow Drive. Upon review of the variance applications, the Commission voted 3-1-1 (Dewitt opposed)(Pierce recused). The Community Development Department recommended Council overturn the decision of the PEC denying a request for variances from Section 12-6H-6, Setbacks and Section 12-6H-9, Site Coverage, Vail Town Code. Project Architect Mike Suman asked Council to overturn the PEC decision. "The November 13, PEC decision created an unequal situation within the Tyrolean." Moffet moved to overturn with the ruling subject to the two conditions outlined in the PEC Memorandum dated November 13, 2006. Gordon seconded the motion. Michael Cacioppo asked Council to overturn the decision. The motion passed unanimously, 6-0. The sixth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's approval, with conditions, of a request for a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District (SDD) No. 4, Cascade Village, Area A (PEC06-0077). Planner Bill Gibson said that on November 27, 2006 the PEC approved, with conditions, a request for a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive/SDD No. 4, Cascade Village, Area A. The Vail Town Council "called-up" this PEC action due to concerns about a condition of approval prohibiting parking along Westhaven Drive or the South Frontage Road. Police Commander Steve Wright discouraged parking on Westhaven Drive as it may hamper the movement of emergency services vehicles. Moffet moved to modify condition No. 1 of the PEC's • November 27, 2006, approval of a conditional use permit to allow the Vail Cascade Resort and Spa the temporary use of a tennis court facility for conferences and conventions. He also noted that condition No. 1 be deleted and replaced with the condition noted on page 5 of Staff's January 2, 2007, Town Council memorandum with Newbury seconding. Vail Cascade representative Don McGlaughlin encouraged Council to support a strictly enforced parking management plan. The motion passed unanimously, 6-0. The seventh item on the agenda was the second reading of Ordinance No. 31, Series of 2006, An Ordinance Amending Section 2-6-9 of the Vail Town Code, Concerning use of the RC i i Fund. Town Attorney Matt Mire stated that in an effort to be the premier mountain resort community, the town has committed to provide its citizens and guests with "a superior level of environmentally sensitive services" in addition to "vision, leadership and stewardship in an environmentally responsible manner." To achieve the goals stated above and for the environmental sustainability of the Town of Vail and the Vail Valley, the Council has determined certain text amendments are necessary to the Vail Town Code as they relate to the use of the Town of Vail RETT Fund to include expenditures related to environmentally sustainable practices. Moffet moved to adopt the ordinance with Gordon seconding. The motion failed 4-2, with Gordon and Moffet voting for the motion. Foley stated he believed the ordinance was a little too overreaching. For instance, he did not believe it appropriate to spend RC ~ ~ dollars to alleviate I-70 noise pollution. Newbury and Moffet emphasized the ordinance was consistent with the idea of being environmentally responsible. Hitt said the uses listed regarding environmental protection in the ordinance did not match the original spirit of the RETT. Zemler said if the ordinance did not pass, the town would be unable to create • a broader environmental protection program. Gordon stated town residents had recently voiced (Vail 20/20 visioning process) a desire to be a global leader in environmental 3 stewardship. During a pause for public comment, Bill Jewitt said, "I think it is a slippery slope to start using RETT funds for other purposes just because it's the only fund with a little extra money in it...Funding things the easy way doesn't demonstrate good leadership." Representing the Vail Village Homeowners Association, Jim Lamont stated his organization was beginning to lean more towards environmental clean-up, such as I- 70 sand mitigation and regeneration of the forest. Logan stated, "This is not carte blanche to spend any money without public hearings or public input." Logan moved to approve a modified version of the ordinance by removing specific uses, such as recycling and I-70 noise mitigation, identified in the earlier version, with Foley seconding. The motion passed 4-2, Foley and Hitt opposed. The eighth item on the agenda was Resolution No. 1, Series of 2007, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, PEC, DRB, and other boards, commissions, and authorities of the Town of Vail. Pursuant to Section 24-6-402(2)(c) of the C.R.S. as amended, provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance. Moffet moved to adopt with Gordon seconding. The motion passed unanimously, 6-0. Foley asked for postings to be placed in various kiosks throughout town. Kaye Ferry said the January 2, 2007 agendas were not posted on the town web site. The motion passed unanimously, 6-0. The ninth item on the agenda was Resolution Number 2, Series 2007. A resolution adopting art in public places temporary art program. A Temporary Art Program will allow artists and galleries to place artwork on town-owned property for a one year lease and a fee of $1,000. Council has determined artwork enriches the community by providing an outdoor art exhibition and creates an opportunity to showcase the sculpture of local galleries that choose to participate in the program. Moffet stated he believed the town was undercharging. Newbury moved to approve with Foley seconding. The motion passed unanimously, 5-1, Moffet opposed. The tenth item on the agenda was Matters from Mayor and Council. Foley questioned why employees were not provided a few free drinks at the town's holiday party. He then inquired about the library's operating hours during the holiday season. He also stated he had recently experienced difficulty with inaccurate information displayed by the town's "Next Bus" system. He continued by mentioning town staff reacted very well to a recent water main break at LionsHead Centre. He then questioned why residents at Timber Ridge were required to sign a mold waiver. Foley also encouraged transit schedules be improved on New Year's Eve next year. He then recommended that the Covered Bridge needs be refurbished to improve pedestrian flow. He then clarified the Ritz Carlton will go before the Council at its next meeting. He finished his comments by reporting the sidewalk on Vail Road needs to be better cared for with respect to snow shoveling and ice removal. Gordon said the New Year's Eve fireworks were great. Logan said the Vail Road sidewalk was hazardous. He then asked for an additional update on wildfire preparedness. He also requested a report be provided that details • what public improvements can be provided through Tax Increment Financing. 4 • Moffet said he would be going to New York with the Vail Local Marketing District on a media visit. He then said he would be conducting his own peer review trips by visiting Jackson Wyoming; Sun Valley, Utah; Alta, Utah; and Park City, Utah in the upcoming weeks as part of his marketing business. Hitt stated he appreciated the Vail Valley and the wonderful facilities located at the Vail Valley Medical Center. He also thanked people for all the well-wishes he received during a recent stay in the hospital. He said a recent ice show at Dobson Ice arena was very successful and thanked the town for its donation of ice time. He asked about Ritz- Carlton sales occurring at the New Dawn Vision Center in LionsHead. The eleventh item on the agenda was Adjournment. Foley moved to adjourn with Moffet seconding at approximately 8:20 p.m. The motion passed unanimously, 6-0. qi ~ i SEAL Rodney E. Slifer, Mayor ATTEST: Cpl O~Q}p 41~~~ , ~ • -Lorelei onaldson, Town Clerk Minutes provided by Corey Swisher. I • I 5 • Vail Town Council Evening Meeting Minutes Tuesday, January 16, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Kim Newbury Mark Gordon Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Representing the Vail Chamber • and Business Association (VCBA), Kaye Ferry shared her concerns about the current status of the special events calendar that is currently published on the town's web site and used by other agencies, as well. She noted the calendar lists nothing after April 22. She then provided a chronology of the VCBA's past attempts to manage the project and reiterated the chamber's interest in handling the matter. The second item on the agenda was the Town Manager's Report. There was nothing reported. The third item on the agenda was a Request for Permission to Proceed through the Development Review Process with a proposal to construct exterior improvements (i.e., lighting, graphics, signage, exterior paint, etc.) to the fagade of the Colorado Ski Museum located within the Vail Transportation Center. Chief Planner George Ruther reported the Colorado Ski Museum, represented by Executive Director David Scott, is proposing to construct exterior improvements to the facade of the Colorado Ski Museum located within the Vail Transportation Center. At the time of the meeting, the exterior plans were only conceptual in nature. If approved, the applicant would be required to appear before the Design Review Board (DRB) with a more complete development review application. Newbury moved to grant permission to proceed with Foley seconding. The motion passed unanimously, 7-0. Greg Moffet entered the Council Chambers at approximately 6:30 p.m. The fourth item on the agenda was a discussion regarding Commercial Linkage and Inclusionary Zoning for Employee Housing Mitigation. On January 2, 2007, the Town • Council directed staff to modify the draft Employee Housing Ordinance to include a 1 Commercial Linkage requirement of 20% and an Inclusionary Zoning requirement of • 30% of net new residential square feet. Council requested this item be on the evening agenda so that public input could be received. Housing Coordinator Nina Timm reported Council had recently chosen to modify a draft housing ordinance to include a 20% percent commercial linkage requirement and a 30% Inclusionary Zoning requirement on all net new residential square feet. This includes dwelling units, including hot beds, time share unit, fractional fee units and lodge units. Following an overview by Timm, the Council invited comments from the public. Representing Vail Resorts Development Company, Keith Fernandez said his company is a leader in the community, subsequently employee housing is a huge priority. Tom Miller of Vail Resorts recommended implementing incentives to assist in providing employee housing. Local homeowner Jerry Maher encouraged equity. Gwen Scalpello encouraged readdressing the concept of employee generation. Representing the LionsHead Inn, Ann Frick supported using the town's rational nexus. Thomas Burney expressed concern the proposed residential linkage would diminish local home construction. David Cole suggested the proposal was socialistic. Lin Grubbs said the proposal could possibly damage the local economy. Vail Local Housing Authority (VLHA) member Ethan Moore encouraged exemptions for single family dwellings and low density projects. Local homeowner and property manager Frank McKibben supported equity in regards to residential expansion. Greg Cummings said local homeowners did not significantly contribute to employee generation. Brian Reski supported exemptions for modest residential projects. Rick McHenry said the proposal would make it not possible for him to build a home. Sue Mason encouraged free market principles (adequate wages and insurance) and wise money management. Robert Truscheit said he did not know where the proposed employee housing would be located. Brent Biggs said the proposal limited • his ability to develop his property. Mike Dantes supported equitable distribution of taxation. Bill Jewitt said without an assessment of how much money was needed to provide employee housing, an appropriate decision could not be made. George Hallenbeck spoke in favor of laissez fare economics. Pat Dauphinais spoke against residential construction subsidizing local employers. Representing the Landmark Condominiums Michelle Kobelan said expanding employee housing requirements could prevent redevelopments. Asher Maslan urged restraint prior to making a decision as Eagle County had commissioned a "blue-ribbon" housing committee. Gina Grisafi- Reimers said additional employee housing requirements would have prevented her family from building their home. Ramshorn Lodge Manager Diane Milligan asked Council to reconsider the proposal on the table. Geoff Wright said the proposal would burden redevelopment possibly to a stalwart. Representing the LionsHead Inn and other clients, Dominic Mauriello said the inclusionary requirement does not represent a nexus or rational relationship. Kaye Ferry asked Council to look at open space parcels for possible employee housing and asked Council to have the political will. to solve the problem. Representing the Vail Village Homeowners Association, Jim Lamont offered support for a standardized impact fee for employee housing. Council members also offered comments. Logan said Council was only beginning the decision making process. "I do believe we need to set a specific goal for the number of units, or number of employees we want to have...We need to firmly establish that, communicate it and act appropriately...We have to provide exemptions for single family units up to a certain size." Gordon spoke in support of asingle-family residence exemption and using moderate percentages for suitable inclusionary zoning and linkages. Kevin Foley said ~ large redevelopment wasn't providing adequate employee housing. Hitt said he • appreciated the community's input and the decision making process was only the beginning. He applauded the large audience for taking an interest in the discussion and 2 • being part of the public process. Newbury spoke in support of the recommendation forwarded by the Local Housing Authority: • Codifying commercial linkage. • Codifying inclusionary zoning. • Providing appropriate exemptions for single family or very low density residential developments. • Utilization of the following implementation tools: o On-site mitigation (with qualitative standards) o Off-site mitigation (with qualitative standards) o Pay-in-lieu at $125,000 per employee to be housed (preferred initial option) • Provision for development incentives to reward creation of deed restricted affordable housing. • Provision for a housing credit system. • Pursuit of affordable/ employee housing options outside TOV boundaries. • Establish permanent funding source(s) for affordable housing. Moffet explained no new hotel, office, or retail product had been built in Vail for the past 20 years. "The only things of that nature that have been built were mandated by the town." He emphasized that the commercial and retail activity in town is actually what "pays the bills." Slifer noted no one in the audience questioned commercial linkage. He then commented that the private sector should be able to redevelop the Timber Ridge • property as well as the Chamonix property. "I don't think we have the numbers we need to really put our arms around the situation." He then encouraged a dedicated funding source for affordable housing. "I don't think inclusionary zoning across the board is fair." Council members encouraged the community to continue the dialogue at the Planning and Environmental Commission meeting on Jan. 22. The fifth item on the agenda was a LionsHead Parking Structure Request For Proposals update. Town staff requested budget authorization for $35,000 to perform a financial critique on the two development proposals for redevelopment of the LionsHead parking structure and to specifically engage Economic Planning Systems to complete that critique. On November 21, 2006, Council received input from the public and requested the proposals be reviewed and critiqued by a financial expert that could review the financial viability of the proposals and the proposed financial public benefits and risks of each proposal. Moffet moved to approve the budget authorization with Foley seconding. The motion passed unanimously, 6-0. The sixth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's approval, with conditions, of an a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional residential dwelling unit, located at 728 West LionsHead Circle/Lot 2, West Day Subdivision, and setting forth • details in regard thereto. (Ritz-Carlton Residences) (PEC06-0081 and PEC06-0082) 3 • Due to a predetermined conflict of interest (Vail Resorts affiliation) Slifer and Gordon recused themselves from the item and left the Council Chambers. Town Planner Warren Campbell informed Council they could uphold, overturn, or modify the PEC's approval, with conditions, of the major exterior alteration and conditional use permit applications pursuant to Section 12-3-3, Appeals, Vail Town Code. On December 11, 2006 the PEC approved, with conditions, a request for a major exterior alteration and a final review of a conditional use permit to allow for the development of 45 fractional fee club units and one additional residential dwelling unit within the previously approved Ritz-Carlton Residences. The Vail Town Council "called-up" this PEC action due to concerns about a condition of approval regarding the provision of employee housing beds associated with the development of the project. Representing Vail Resorts Development Company, Jay Peterson said all employee housing would be provided prior to a temporary certificate of occupancy. Greg Moffett made a motion to modify condition number five (5) of the PEC approval of a major exterior alteration per the staff memorandum dated January 16, 2007. The motion was seconded by Kim Newbury. The vote was 4-1-2 (Foley opposed, Slifer and Gordon recused). Foley clarified any loss of parking due to the development had been accounted for elsewhere. The motion passed 4-1, with Foley opposed. The seventh item on the agenda was the First Reading of Ordinance 2, Series of 2007 (Housekeeping Ordinance). Slifer and Gordon reentered the Council Chambers. Town Planner Rachel Friede said staff was proposing text amendments to the Vail Town Code in response to errors identified by the town's codifier. The PEC forwarded a recommendation of approval, with modifications, to Council on January 8, 2007. Moffet moved to approve the ordinance with Foley seconding. The motion passed unanimously, ~ 7-0. • The eighth item on the agenda was the First Reading of Ordinance 3, Series of 2007 (Wildfire Roofing Ordinance), an ordinance to amend Chapters 14-2, Definitions, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire regulations, require Class A roof assemblies or Class A roof coverings for all structures ~ within the Town of Vail. On December 11, 2006, the PEC forwarded a recommendation of approval for proposed text amendments identified in Ordinance 3, Series of 2007. Staff has since gone to Council during two work sessions to discuss policy issues related to the proposed wildfire roofing ordinance. Moffet clarified the ordinance would not require anyone to replace a functional roof. Moffet moved to approve the ordinance with Gordon seconding. During the public comment period, Gwen Scafpello questioned the process (trigger) used to require Class A roof assemblies. Friede responded, "Any additions beyond cone-time 500 square foot addition exemption from mitigating non- conformities, new construction, complete re-roofs, and those choosing to exercise their 250 square foot ordinance rights." PEC Member Bill Jewitt said he did not remember talking about 250's or bump outs when the item was discussed by the PEC. Mire said the ordinance would follow the legal non-conforming section of the code. The motion passed unanimously, 7-0. The ninth item on the agenda was Ordinance No. 4, Series of 2007, an ordinance to amend Title 10, Building Regulations, to adopt the 2005 National Electrical Code by reference, and add amendments to the International Building Code, the International Residential Code, the National Electrical Code and the International Energy Conservation Code, for housekeeping purposes and to comply with Ordinance 3, Series . of 2007. On July 1, 2005, the State of Colorado adopted the 2005 National Electrical Code (NEC) and requires that municipalities adopt the NEC as well. Amendments may 4 be made to the NEC as long as they are more stringent than the adopted code. Ordinance No. 3, Series of 2007, will require Class A roof assemblies or Class A roof ~ • coverings and wilt ban wood shake and wood shingles for all structures within the Town of Vail. Ordinance No. 4, Series of 2007, will serve to amend Title 10, Building Regulations, a title that includes adoption by reference of the various standard codes, and also includes all amendments to those codes. Ordinance No 4, Series of 2007 will amend Title 10 to come into compliance with State Regulations as well as Ordinance No. 3, Series of 2007. Moffet moved to approve the ordinance with Newbury seconding. Slifer emphasized the building department already implemented the new regulations and the passage of an ordinance was a formality. The motion passed unanimously, 7-0. of 2007 The tenth item on the agenda was the First reading of Ordinance No. 5, Series , an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 4, Block 1, Vail Lionshead 2"d Filing from High Density Multiple Family (HDMF) district to Lionshead Mixed Use - 1 (LMU-1) district. Chief Planner George Ruther explained on January 8, 2007, the Town of Vail PEC held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the PEC approved (4-3-0) a motion recommending approval of the rezoning request to the Vail Town Council. Vail International property owner Heidi Hanson said she was not aware why the property had chosen to opt out of the upzoning in 1998. Moffet moved to approve the ordinance with Newbury seconding. The motion was made in accordance with the list of criteria found on pages 5-8 in the staff memorandum dated January 8 to the PEC and the findings on page 9. Logan expressed concern that the current situation differed greatly from that which existed in 1998 (property values are much higher). Foley said the LionsHead • Redevelopment Master Plan is possibly outdated. Council members noted the proposed change in zoning allowing for an additional 137,000 feet of Gross Residential Floor Area (GRFA) would allow for over $200 million in upzoning. Kaye Ferry spoke against the approval of the upzoning. Representing Vail Resorts Development Company, Keith Fernandez questioned how this project differed from the Ritz-Carlton project in terms of equitable treatment by Council. Representing the Vail Village Homeowners Association, Jim Lamont spoke in support of impact fees and begged for equity in terms of development requirements. "What we want is an equitable and fair and consistent system." The motion passed 5-2, with Logan and Foley opposed. The eleventh item on the agenda was Adjournment. Moffet moved to adjourn at approximately 9:30 p.m. with Newbury seconding. The motion passed unanimously, 7-0. ~o~N~OF~~'~i ~ T SEAL Rodney E. Slifer, Mayor ATTEST.; "lOFtr~,. " ~ - Lorelei Donaldson, Town Clerk • 'Oy Minutes provided by Corey Swisher. ~~ir°•....••' ~ ~ ~O N 5 Vail Town Council Evening Meeting Minutes . Tuesday, March 13, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Mark Gordon Kevin Foley Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Sheika Gramshammer asked Council to reconsider the town's amplified sound • ordinance. Amplified sound is not allowed above 60 decibels after 10 p.m. She said entertainment on her outside deck is in great demand and she is not able to comply with the town's present ordinance. The second item on the agenda was the Town Manager's Report. • Revenue Update Finance Director Judy Camp reported the year is off to a good start with January tax collections estimated at $2.8 million, up approximately 7% from January 2006, which was the previous high for the month. For comparison, inflation as measured by the consumer price index was up just 2.1 Similarly, January ski lift tax collections were up 14.6% from last year. The ski season (November -January) is up 6.5%. Construction permit revenue, which can be considered an indicator of redevelopment activity, is off to a good start in 2007. Year-to-date construction permit fees of $232,219 include $161,946 from two major construction projects, the Arrabelle at Vail Square and Mountain View (formerly Apollo Park). This is an 88% increase in total over the first two months of 2006, with the major projects accounting for approximately 70% of the fees in both years. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date RETT collections through February 2007 total $961,224 compared with $728,938 for the same time period last year, an increase of 32%. Major redevelopment projects including Gore Creek Place and Forest Place contributed $272,500 or 28% of the total in 2007 while no major redevelopment projects closed in January or February of 2006. • 1 • Notification Process for Wildlife-Resistant Containers Effective April 15. • Community Information Officer Suzanne Sllverthorn announced Vail residents who switch to wildlife-resistant trash containers before an April 15 mandatory implementation date will be eligible to take part in a drawing for a refund from the town. The $150 incentive is included in an awareness campaign to assist residents and local trash haulers with the upcoming transition. Code enforcement officers are beginning to remind residents about the requirement by hanging friendly notices on containers that will soon be in violation of the town's Wildlife Protection Ordinance. While approved by the Vail II~ Town Council last October, the ordinance establishes an approaching April 15 implementation date for wildlife-resistant containers to be used by all residential trash customers. In addition, all commercial and multi-dwelling trash customers must have wildlife-proof containers by April 15; otherwise awildlife-resistant enclosure must be constructed by August 1, 2007. The new ordinance aims to protect Vail's neighborhoods by making garbage less accessible to bears and other wildlife. In addition to the new containers, the regulations prohibit placing trash outside for pick up other than from 6 a.m. to 7 p.m. on the scheduled trash collection day. Also, trash bags with food refuse outside of authorized trash containers are prohibited. The third item on the agenda was a West LionsHead "Green" Development Update. Vail Resorts CEO Rob Katz said his company was attempting to open a door to the future with their newest development in West LionsHead. "Whatever we do, it has to be an enduring promise to the environment and to our guests...lt must be perfectly aligned with all of our constituents, including our shareholders:' Called Ever Vail, the project will • be the largest Leadership in Energy and Environmental Design (LEED) certified resort project in North America. Condos, timeshares, a hotel, a gondola, a parking garage, stores and restaurants are planned for the $1 billion project. Katz then emphasized, "Ever Vail will be a collaboration with the Town of Vail and the Vail Valley." Hitt thanked Katz for sharing his vision. During a pause for public comment, Sue Rychel asked if the wastewater treatment facility would remain in its present location. Katz said possible relocation of the site had been discussed. The fourth item on the agenda was the Consent Agenda. • Minutes from February 6 and February 20, 2007. Moffet moved to approve the minutes without amendments with Foley seconding. The motion .passed unanimously, 7-0. The fifth item on the agenda was a Presentation of appreciation awards to the Town of Vail and Vail Fire Department. Maribeth Gustafson, Forest Supervisor for the White River National Forest, complimented the Town of Vail for its Forest Health projects. She then presented the Mayor with a certificate of appreciation and personally thanked Fire Technician John Talbot, Environmental Protection Officer Bill Carlson, Fire Chief John Gulick and former Community Development Director Russ Forrest. • The sixth item on the agenda was a report on the Wildfire Mitigation, Response and Evacuation plans for 2007. 2 Phil Bowden of the U.S. Forest Service presented a brief overview of the potential • wildfire behavior in the Vail area and discussed planned mitigation efforts for this year and the next four summers. Bowden outlined the phases of the forest beginning with the current red phase; then 2022, known as the gray phase; and 2057, known as the out- years. Through a fire simulation program, Bowden modeled a fire that would begin in Dowd Junction and move toward Donovan Park and Eagle's Nest. Bowden was able to show the difference of how fast the fire would move and spread in 2002, 2007, 2022 and 2057, with 2057 being the most devastating. Bowden also reviewed upcoming wildfire management, preparedness and fuels reduction projects including projects taking place on 10 acres of town-owned land and 170 acres of forest service land this year. Fire Chief John Gulick presented response plans for wildland fires by the Vail Fire Department and with mutual aid from other local fire agencies. Currently, the Vail Fire Department has the ability to respond to a fire on first call with one engine and three personnel. The first engine on site would evaluate the situation, which would then include calling for another engine and three personnel from the Vail Fire Department. If more help is needed, a call would be made for mutual aid to include Minturn, Eagle-Vail and Avon's fire response teams. Depending on the size of a wildfire or structure fire, the Vail Fire Department's mutual aid agreements can bring in up to seven engines (three or more personnel in each engine) and those engines could arrive within one hour. During a wildfire, the Grand Junction Air Center also is immediately called and serves as backup for fire recon. Gulick said the fire department's primary responsibility is to protect structures. Police Chief Dwight Henninger provided an overview of the town's evacuation plan and other town department responsibilities during a wildfire. Henninger explained that Vail's large lodging presence and capable transit system would facilitate a speedy and safe evacuation. He then stated a hazardous materials spill would hold the greatest risk of • creating atown-wide evacuation. Henninger emphasized using Vail and Eagle County's transit system to help assist evacuees and creation of the shelters. Fire services veteran Marc Mullenix, a consultant the town hired to review the town's wildfire preparation efforts, discussed findings and recommendations. Included in the findings are the recommendations tofund asix-person hand crew, provide additional training for Vail Fire Department personnel and increase the public education about wildfire preparedness. Mullenix encouraged Council to sustain fire mitigation efforts before the community incurs an "emotionally and financially devastating event." Moffet moved to adopt the Town Manager's recommendations and return to Council for a supplemental budget appropriation. Logan complimented staff for a job well done preparing for a potential emergency. The motion passed unanimously, 7-0. The seventh item on the agenda was the 2006 Year-end Investment Report. Budget and Financial Reporting Officer Kathleen Halloran announced Section 2-2-8 of ~ the Town Code requires an annual presentation of the town's investment report, which is also provided as a written report each quarter. This agenda item served as a presentation of the town's investment report as of December 31, 2006. The eighth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Design Review Board's denial of a design review application for a minor alteration, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for storefront facade renovations, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 (DRB06-0540). Town Planner Bill Gibson noted that on February • 21, 2007, the DRB held a public hearing to consider a design review application for a minor alteration to allow for storefront fagade renovations to the Landmark Building, 3 located at 610 West LionsHead Circle. Upon review of the application, the board voted 2-2 (Dantas and Dorward in favor; Dunning and Rogers opposed) to approve the application. The motion for approval failed by a split vote and the application was therefore denied. Applicant representative Bill Pierce outlined the project's parameters. Local builder Mark Hollenbeck explained the importance of the project needing to be started immediately after the ski season due to public safety and streetscape sequencing. Moffet moved to overturn the decision with Newbury seconding. DRB Chairperson Margaret Rogers said she believed the amount of glass being used on the retail level looked more like a shopping center than a village. Moffet clarified overturning the decision held no presidential value. DRB Member Peter Dunning also commented he believed the south facing wall of the proposal looked too much like a shopping center. Landmark commercial owner Dick Brown emphasized the importance of starting the project immediately. Project developer Howard Olson spoke in support of the project. Landmark building business owner Billy Suarez spoke in support of the project. Landmark building homeowner Bill Pendleton spoke in support of the project. Pierce emphasized the applicant attended six DRB meetings and made substantial compromises. The motion passed 6-1, Gordon opposed. The ninth item on the agenda was the LionsHead Parking Structure Redevelopment Proposal. Town Manager Stan Zemler reported Economic Planning Systems (EPS) had completed its independent financial analysis of the LionsHead Parking Structure redevelopment proposal submitted by The Open/Hillwood Partnership (OHP). Representing EPS, Andy Knudtson reported OHP has the background, expertise and financial capacity to complete the project, and the public benefits provided by the project exceed the value of the property. The report further identified the following issues that need to be addressed in pre-development negotiations between the town and OHP: • Conference center -ownership structure; management and operations; funding of an expected deficit. • Public benefits -Will need further refinement /consideration. • Relationships -structure of the Open/Hillwood collaboration and responsibilities of each. Need some additional clarification concerning roles and responsibilities. • Housing -Assuring the proposal meets new TOV housing requirements and how Timber Ridge may fit into the housing mix. • Use of Public Financing -how will metro district funds be used; discussion concerning use of public funds. • Performance and project guarantees - development of specific milestone guarantees, penalties and project completion dates. • Parking issues during construction. • Impact of construction on businesses and surrounding properties. Staff then reported on sequencing issues as analyzed by the Beck Group and appraisals prepared by Bowes and Company and Rocky Mountain Valuations. During a pause for public comment, Bev Trout asked if the project would include a performing arts center. Zemler said a dual use (conference center/performing arts) center would be pursued. Local restaurant owner Billy Suarez emphasized a need for parking always being available (during construction) in LionsHead. Council assured Suarez parking was a significant concern. Kaye Ferry asked if Council had considered rising land values in Vail ~ versus the value of public benefits. Nicole Hoffmann expressed concern that employees • required by the project would threaten the valley's already dwindling workforce. 4 The tenth item on the agenda First reading of Ordinance No. 7, Series of 2007, amending Title 12, Zoning Regulations, Vail Town Code, by the addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 23, entitled Commercial Linkage. Interim Community Development Director George Ruther reported that on November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. The PEC voted unanimously on March 12 to deny Ordinances 7, 8, & 9 Series of 2007. Hitt questioned allowing dormitory type housing in the regulations. At least one of the occupants must be employed at least 30 hours in Eagle County. Housing Coordinator Nina Timm reported Eagle County has had no construction impacts by its inclusionary zoning and commercial linkage regulations. She said the county commissioners are considering increases in the percentages. Bill Pierce, a member of the PEC, thanked the Community Development Department staff for their significant efforts in attempting to address the issue of employee housing. Pierce then spoke in favor of a tax supported employee housing program. He then said all zone districts should be included in the proposed program and asked that a plan be developed for locating more employee housing in Vail. Chuck Baker spoke against inclusionary zoning. Representing Vail Valley Medical Center, Stan Anderson said he believed the ordinances would make it difficult for the hospital to expand. He then spoke in support of a tax based program. Representing the Vail Valley Board of Realtors, Sarah Thoreson asked for Council to hold off on making a decision and to wait for Eagle County's Blue Ribbon Housing Committee recommendations. Vail Chamber and Business Association Executive Director Kaye Ferry said the business community's goals do not match what council is saying. `They are not interested in providing family housing...They want to house front line employees." She then mentioned the middle bench of Donovan Park would be an excellent location for family housing. Nicole Hoffmann said there is more need for seasonal housing. Planning consultant Tom Braun asked for predictability in terms of what would be required by developers. He urged Council to pass the ordinance then evaluate the impacts (if any) soon after. He then asked for standards to be identified in the ordinance. Galen Aasland spoke against the use of either practice. Local restaurateur Matt Morgan supported the proposals and urged Councif to move ahead. Steve Lindstrom, a member of the Vail Housing Authority, spoke in support of the ordinances. Representing the Vail Village Homeowners Association, Jim Lamont said the ordinances still needed some work. Moffet spoke in support of maintaining community. He then said, "Most of the business community members in this town don't live here." He then stated it was counter intuitive to tax commercial space. Newbury stressed it was important to meet the needs of the entire community. She then encouraged a provision that would allow people to retire in their home if they had worked in the community for a period of time. Hitt said he would like to avoid any possible contradictions. Foley said he understood the concerns of the PEC and public and did not believe the ordinances were there yet. Gordon said he was obligated to represent the people who voted for him and they supported employee housing. "This is only one tool.N Logan complimented staff's efforts in tackling the housing issue. "My heart is in favor but my mind is not there...We have not addressed the possible economic ramifications of these ordinances." Logan then expressed displeasure with the development community, Vail Resorts, and Vail Valley Medical Center for not providing adequate input on the • issue and not trying to benefit the whole community. Slifer said the PEC's unanimous recommendation of denial bothered him. He then recommended looking at regional 5 solutions. Newbury moved to approve the ordinance with Gordon seconding. Gordon asked that a development moratorium be placed on the April 3 agenda, so as to prevent a flood of new development applications trying to avoid future legislation. Mire clarified the option to extend the pending ordinance doctrine does exist. The motion passed 5-2, with Foley and Logan opposed. The eleventh item on the agenda was First Reading of Ordinance No. 8, Series of 2007, amending Title 12, Zoning Regulations, Vail Town Code, by the addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 24, entitled Inclusionary Zoning. On November 7, 2006, Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. Newbury moved to approve the ordinance with Moffet seconding. The motion passed 4-3, with Slifer, Logan and Foley opposed. The twelfth item on the agenda First Reading of Ordinance No. 9, Series of 2007, repealing and re-enacting Chapter 12-13, Employee Housing, Title 12, Zoning Regulations, Vail Town Code, to allow for revisions to the employee housing regulations On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. Moffet moved to approve the ordinance with Newbury seconding. The motion passed 4-3, with Slifer, Logan and Foley • opposed. ~ The thirteenth item on the agenda A resolution establishing the "2007 Payment Of Fee- In-Lied' fee for the Mitigation Of Employee Housing as prescribed in Chapter 12-23, Commercial Linkage, and Chapter 12-24, Inclusionary Zoning, Title 12, Zoning Regulations, Vail Town Code. On April 3, 2007, Council will be considering the adoption of Ordinances No. 7 & 9, Series of 2007, establishing new regulations for commercial linkage and inclusionary zoning. As allowed by the new regulations, a payment of fee- in-lieu option exists for mitigating required employee housing. The purpose of this resolution is to establish the "2007 Payment Of Fee-In-Lieu" fee. Moffet moved to approve the resolution with Newbury seconding. The motion failed 4-3, with Foley, Logan, Slifer and Hitt opposed. The fourteenth item on the agenda was the Second reading of Ordinance No. 1, Series of 2007 An ordinance amending title 10, Vail Town Code; adopting chapter 3, "in- building public safety radio system coverage"; providing minimum standards for in- building radio system coverage. The ability of police, fire, ambulance and other emergency providers and personnel to communicate with each other within buildings and structures, and to communicate from within structures and buildings to personnel and locations outside of the building and structures, is vital to the public and these responding agencies. A breakdown in communications among emergency responders and public safety personnel creates a serious risk of harm to and is a serious threat to the safety and welfare of emergency personnel, the citizens of the Town of Vail and the public in general. Moffet moved to table the ordinance until the March 20, 2007 meeting • with Newbury seconding. Gordon asked for vendors to be brought in to provide testimony regarding costs. The motion passed unanimously, 7-0. 6 • The fifteenth item on the agenda was the Second reading of Ordinance No. 6, Series 2007, An ordinance designating certain streets and highways within the Town of Vail as off-highway vehicle routes for municipal use of off-highway vehicles. The Town's Public Works Department has purchased Off-Highway Vehicles, as defined by C.R.S. § 33- 14.5-101, to use for municipal maintenance. Pursuant to C.R.S. § 33-14.5-110, any county, city and county, city, or town acting by its governing body may regulate the operation of Off-Highway Vehicles on public lands, waters, and property under its jurisdiction and on streets and highways within its boundaries by resolution or ordinance of the governing body and by giving appropriate notice thereof. Moffet moved to approve the ordinance with Foley seconding. The motion passed unanimously, 6-1, Newbury opposed. For details, contact Todd Scholl at 479-2163. The fifteenth item on the agenda was Resolution Number 7, Series 2007. A Resolution Approving the Budget Amendment of the Vail Local Marketing District, for its Fiscal Year January 1, 2007 through December 31, 2007. The Vail Local Marketing District (the "VLMD") presented Council with an amendment to the 2007 budget, appropriating two hundred and forty five thousand dollars ($245,000.00) for marketing related expenditures. Pursuant to C.R.S. § 29-25-110, the operating plan may, from time to time, may be amended by the district with the approval of the local government. Gordon moved to adopt the resolution with Moffet seconding. The motion passed unanimously, 7-0. For more information, contact Kathleen Halloran at 479-2116. The sixteenth item on the agenda was Adjournment. Moffet moved to adjourn with Gordon seconding at approximately 11:26 p.m. The motion passed unanimously, 7-0. ~ r y0~.- Rodney E. Slifer, Mayor ATTEST: -c©IN/y :G ~ ~ ;r Lorelei Donaldson, Town Clerk Minutes rovided b Core Swisher. P Y Y 7 Vail Town Council Evening Meeting Minutes • Tuesday, March 20, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Mark Gordon Kevin Foley Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. • Planning and Environmental Commission member Doug Cahill suggested Council form a committee to investigate housing issues and ensure "fair, positive and equitable ordinances." Representing the Vail Valley Board of Realtors, Asher Maslan asked for alternative legislation to address workforce housing and said the board would like to participate in additional study, if deemed appropriate. Sarah Will, executive director of Access Valley, said parking around the Town of Vail and specifically the Arrabelle at Vail Square was inadequate for disabled access and asked Council to address the issue. Representing Vail Valley Medical Center, Stan Anderson said the hospital would like to participate in future employee housing discussions. Local builder and Planning and Environmental Commission member Mike Dantas volunteered to serve on a committee or study group, if formed, to investigate appropriate affordable housing legislation. The second item ~on the agenda was the Town Manager's Report. Town Attorney Matt Mire said Council had been asked to consider a change in town code allowing "reindeer cart rides" on Town of Vail streets and roads. The third item on the agenda was an Information Update. • 1 ~ Assistant Town Manager Pam Brandmeyer announced the library was being challenged • with some staffing shortages. To address the issue, beginning the week of April 23, reduced hours will occur on Thursdays for one month. Thursday was identified as the day the library is least utilized. Brandmeyer then announced a new Town Librarian would be starting work at the end of May. The current Town Librarian, Susan Boyd, is retiring. Foley encouraged Brandmeyer to effectively communicate the change of hours to library users. The fourth item on the agenda was Matters from Mayor & Council. Foley announced he had attended an Eagle County Regional Transportation Authority (ECO) meeting during the past week. He said the authority continued to struggle with funding for increased public transportation demand. He then thanked Police Chief Dwight Henninger and his staff for the department's assistance in keeping county buses safe. The fifth item on the agenda was an Eagle County Health Assessment Update. Eagle County Public Health Manager Jill Hunsaker announced the preliminary findings of a countywide health assessment. Highlights include: • 68% of Latino households have no health insurance • 48% of Eagle County households have problems accessing dental care • 25% of Eagle County third graders have untreated tooth decay • 56% of households are dealing with a chronic disease (heart, asthma, diabetes, high • blood pressure) A major source of concern is that many people use the emergency room as a means of primary care, according to Hunsaker. This is not cost effective. She said poor primary care also creates a lack of preventive screening. Motor vehicle crashes are also a significant problem throughout the county. On the other hand, Eagle County is ranked in the top ten nationally in terms of life expectancy. The sixth item on the agenda was the Vail Parks & Recreation Master Plan. Representing GreenPlay LLC, Chris Dropinsky reported that after a series of public engagements, including focus groups, a statistically valid surrey, stakeholder meetings, staff interviews, and so on, the final draft of the Vail Parks and Recreation Master Plan is complete. Dropinsky's presentation included key points from the vision statement, project goals, areas of focus, recommendations and implementation. Vail Recreation District (VRD) Chairman Scott Proper asked about next steps to ensure forward progress in the implementation stage. Dropinsky said an action plan had been outlined in the formal report. Assistant Town Manager Pam Brandmeyer also explained there was a timeline provided in the comprehensive master plan and efforts to move forward had already begun. VRD Member Rick Sackbauer spoke in support of a bond issue to support and enhance recreation infrastructure. Brandmeyer responded the town had included "some" funding for recreation infrastructure and master plan implementation in ' h rr nt VRD Board for allowin ro ress" to the towns 2007 bud et. Moffet thanked t e cu e g p g 9 occur. He also complimented town staff for their diligent efforts in producing the master • plan. Slifer also complimented the VRD Board and said Council should offer its support. 2 Gordon emphasized this was just the beginning of cooperation between the two boards. • Zemler confirmed the two boards were interested in pursuing a bond issue. Slifer said, "We need to know the bonding capacity of the district." Logan encouraged addressing the town's strategic plan and capital needs as well. Stephen Connelly expressed concern that special events at Dobson Ice Arena would create a loss of ice time for local skating organizations. Executive Director of the Betty Ford Alpine Gardens Anne Cronin reminded the two boards the gardens wished to be included in any Ford Park enhancements. The seventh item on the agenda was a Noise Ordinance Discussion. As a follow up to a request by Sheika Gramshammer of Pepi's in Vail Village, the Council reviewed the town's current amplified sound ordinance. Police Commander Steve Wright recommended the current ordinance be maintained. "The Commercial Core 1 zone (mixed use) district lends itself well to the 10 p.m. amplified sound cut-off time." Slifer said amplified sound should not occur after 10 p.m. Logan clarified no other restaurants had requested an amplified sound extension. Hitt said he believed the allowed time for amplified sound should be extended. Gordon said the proposed change should be subject to more public input. Logan also invited more public discussion. Speaking on behalf of Gramshammer, Kaye Ferry said Gramshammer wished to have the decibel level and time allowances addressed. "You can have a dead village or you can have a live village." Representing the Vail Village Homeowners Association, Jim Lamont provided a history of the progression of the current sound ordinance. He then urged Council to use patience when addressing the issue. "If it ain't broke don't fix it." Council supported additional discussion regarding a proposal to extend the time and • decibel level on Friday and Saturday nights. The eighth item on the agenda was the Skatepark Contract Award. Project Manager Todd Oppenheimer asked Council to award a construction contract to Hazard County Construction from McDonough, Georgia, for the amount of $160,000.00 to build a modular skatepark on the top deck of the LionsHead parking structure. As directed by Council on January 16, 2007, staff solicited proposals from qualified skatepark ramp manufacturers to construct a modular facility. Oppenheimer recognized the group of local skaters whose assistance was invaluable in drafting the Request for Proposals, soliciting and analyzing the responses, and interviewing selected companies. Proposals were received from nine companies specializing in the construction of modular skatepark ramps. All proposals were within the $170,000 budget limits stated in the RFP. Skatepark layouts, materials, and construction techniques were reviewed by the skaters and staff. Ashort-list of five companies was given an opportunity to revise their proposals. Two companies were interviewed by the group and Hazard County Construction was selected as the company most qualified to meet the demands of the project. The schedule proposed by Hazard County Construction includes beginning work on the ramps on April 23, 2007 and completing the project in approximately five weeks. Hazard County will return in the fall and following spring to assist town and Vail Recreation District crews in the disassembly and reassembly of the skatepark. The cost for this service will be approximately $2,000 per trip and will be billed separately and will be paid for from the project for this fall only. Subsequent trips will be paid for from the Public Works operating budget. The total cost of providing the skatepark on the • LionsHead Parking Structure will include the rental of 6' temporary fencing as recommended by the town's insurance carrier and the rental of temporary sanitary 3 facilities. These costs total $4,700 and will be paid for from the project account. A small • contingency was requested to cover unforeseen expenses relative to the project. Skate Park Cost Summary: Hazard County Construction $160,000 Temporary fencing and toilets $ 4,700 Fall assistance $ 2,000 Contingency ~ 3.300 Total $170,000 In addition to the above costs, the in-kind value of the labor and equipment provided by the Department of Public Works and Transportation is approximately $21,000 per year. These costs will not be charged to the project. Moffet moved to approve the project and award the contract to Hazard County in the amount of $160,000 in a form approved by the Town Attorney with Hitt seconding. Gordon said Hazard County had an impressive reputation in the skating community. He then clarified the life span of the structures would be around 20 years. Hitt recommended the town require helmets be worn on the site. Mire said he would investigate insurance ramifications of such an action. Council encouraged Oppenheimer to explore ways to enhance the appearance of the jersey barriers used to outline the park. The motion passed unanimously, 7-0. --2007 Street Maintenance Project, Crack Sealing Bid Approval Town Engineer Tom Kassmel asked Council to authorize the Town Manager to enter into an agreement with Superior Asphalt to complete the 2007 Street Maintenance Project, Crack Sealing in the amount of $61,950.00. The project is budgeted in the • Capital Street Maintenance Budget. Moffet moved to approve the request with Gordon seconding. The motion passed unanimously, 7-0. Foley clarified sealing would take place all over town. The ninth item on the agenda was the 2007 Capital Street Maintenance Project, Type II Slurry Seal Bid Authorization. Kassmel asked Council to authorize the Town Manager to enter into an agreement with A-1 Chipseal Company to complete the 2007 Capital Street Maintenance Project, Type II Slurry Seal in the amount of $89,648.00. Staff received bids from three contractors for the 2007 Capital Street Maintenance Project, Type II Slurry Seal with A-1 Chipseal Company the low bidder. The project is budgeted in the Capital Street Maintenance Budget. Moffet moved to approve the request with Gordon seconding. The motion passed unanimously, 7-0. Town Engineer Tom Kassmel said the majority of the project would take place around the golf course. The tenth item on the agenda was the Spraddle Creek Reconstruction Project. Kassmel asked Council to authorize town staff to approve a change order to the 2006 Spraddle Creek Relocation Project agreement with Western Slope Utilities to complete the Spraddle Creek Relocation across West Meadow Drive. Staff received a change order request from Western Slope Utilities to complete the Spraddle Creek relocation, approximately 90 feet across Meadow Drive. This phase of the Spraddle Creek Relocation was originally scheduled to be completed with the reconstruction of West • Meadow Drive. Western Slope Utilities proposes to construct the Spraddle Creek box culvert crossing of Meadow Drive during the spring 2007 construction season at the 4 same time they complete their contract with the Eagle River Water and Sanitation • District's water line replacement in West Meadow Drive. Moffet moved to approve the request with Logan seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was the LionsHead Parking Structure Redevelopment RFP. Town Manager Stan Zemler reported that in May, 2006, the town issued a request for proposals (RFP) for the potential redevelopment of the LionsHead parking structure. Two developers submitted proposals which had been presented and discussed with Council and the public over several months. In mid-February, one developer withdrew, leaving OpenHospitality/Hiltwood Capital Partnership (OHP) as the only proposal under consideration. On March 13, the results of three independent analyses were presented to Council: parking structure construction schedule review; property value appraisals; and financial review. Zemler asked Council to authorize staff to enter into exclusive negotiations with OHP for redevelopment of the LionsHead parking structure and simultaneously review and evaluate OHP's proposal to redevelop Timber Ridge, returning to Council within 120 days with a preliminary Development Improvement Agreement. Logan recommended staff return with a term sheet in 60 days. Moffet moved to approve Zemler's staff request with Logan seconding. Town legal representative Malcolm Murray reported Council would receive continual updates on the progress of the negotiations. "Within 60 days you will start to see a framework and some terms." Logan asked if Council remained committed to guaranteeing a continual source of parking (third parking structure) during construction of the proposal. Hitt said he had confidence in the ability of OHP to produce a quality project. Representing OHP Mark • Masinter stated, `This gives us the opportunity to do something very special to a very special place...We are going to do everything we said we were going to do." LionsHead business owner Bill Suarez said he was concerned about the potential absence of a West LionsHead parking structure. Rick Scalpello urged Council to move forward with the project. He then asked that Council not be responsible for any losses associated with the conference center. Masinter responded the town would have no liability. Vail Valley Partnership Executive Director/CEO Michael Robinson asked Council to support the project. Representing OHP, Jay Peterson assured Council it would be made aware of where the process stood. "We will not go away for 120 days...We want to know what you are thinking." Zemler recommended adding a regularly scheduled agenda item to the evening Council meetings that would be used to inform the public of the status of the project. Foley expressed concern regarding the job creation of the project. Gordon thanked East West Partners (former RFP respondent) for their participation in the process and urged Council to move forward. Hitt encouraged investigating amulti-use i facility as opposed to a strict conference center space. Newbury said she was impressed with Open Hospitality/Hillwood's ability to master plan communities. The motion passed 6-1, with Foley opposed. The twelfth item on the agenda was Ordinance No. 10, Series of 2007, an Ordinance Repealing and Re-enacting Ordinance No. 5, Series of 2006, Establishing Special Development District No. 39, Crossroads. Senior Planner Warren Campbell reported on February 26, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major • amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 5 69 to 75 dwelling units, located at 141 and 143 Meadow Drive, and setting forth details in • regard thereto. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. Representing the applicant, Reed Weily explained the request was a refinement that takes place in any large project. Weily then disagreed with the PEC recommendation to add an additional ten employee housing units to the project. Moffet and Slifer both expressed concern regarding the reduction in surplus parking. Moffet moved to approve the ordinance as proposed with Newbury seconding. PEC Member Bill Jewitt said he believed Special Development District's were open to negotiation. "We felt like we had lost some public benefits (surplus parking)...I felt like some additional employee housing would be a way to make up for what we are losing." On behalf of the applicant, Dominic Mauriello said allowing the PEC to come up with an additional housing requirement was a mistake and that the applicant should have suggested an appropriate number. The motion passed 5-2, with Slifer and Gordon opposed. The thirteenth item on the agenda was Ordinance No. 1, Series of 2007, an Ordinance Amending title 10, Vail Town Code; Adopting Chapter 3, "In-building Public Safety Radio System Coverage"; providing minimum standards for in-building radio system coverage Town Attorney Matt Mire said the ability of police, fire, ambulance and other emergency providers and personnel to communicate with each other within buildings and structures, and to communicate from within structures and buildings to personnel and locations outside of the building and structures, is vital to the public and these responding agencies. A breakdown in communications among emergency responders and public safety personnel creates a serious risk of harm to and is a serious threat to the safety • and welfare of emergency personnel, the citizens of the Town of Vail and the public in general. This amendment establishes a "Life Safety Standard." Mire then asked Council to table the item until April 17. Moffet moved to table the item until April 17 with Foley seconding. The motion passed unanimously, 7-0. The fourteenth item on the agenda was Adjournment. Moffet moved to adjourn with Foley seconding. The motion passed unanimously, 7-0. ~5~=~~ ' < <J "Rodney E. Slifer, Mayor ATTEST: ~N OIL SEAS Lorelei Donaldson, Town Clerk coy Minutes provided by Corey Swisher. • 6 • Vail Town Council Evening Meeting Minutes Tuesday, April 3, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Mark Gordon Kevin Foley Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. • TJ Connors congratulated Council and Vail Resorts on the town and mountain's success. He then spoke in favor of sustainability (in terms of employee housing) for all future development endeavors. He then recommended increasing density (to allow for more workforce housing) on the Timber Ridge site. Wolf Mueller spoke against the town providing more subsidized employee housing. Larry Woods spoke in support of on-site employee housing. The second item on the agenda was the Building & Fire Code Appeals Board (B&FCAB), Design Review Board (DRB), Planning and Environmental Commission (PEC) and Art in Public Places (AIPP) Board Appointments. Earlier in the day Council had interviewed all of the applicants. 1) Appoint one applicant to the B&FCAB for a term of five years (through March 31, 2012). Hitt moved to appoint Mark Mueller with Gordon seconding. The motion passed unanimously, 7-0. 2) Appoint three applicants to the PEC for a term of two years each (through March 31, 2009). Hitt moved to appoint Bill Jewitt, Michael Kurz and David Viele with Foley seconding. The motion passed unanimously, 7-0. • 1 . 3) Appoint two applicants to the DRB for a term of two years each (through March 31, 2009). Hitt moved to appoint Thomas DuBois and Brian Gillette with Foley seconding. The motion passed unanimously, 7-0. 4) Appoint three applicants to the AIPP for a term of three years each (through March 31, 2010). Hitt moved to appoint Barbie Christopher, Pam Hopkins and Bill Rey with Moffet seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Consent Agenda. • Approval of 03.13.07 & 03.20.07 Minutes. Moffet moved to approve the minutes without amendments with Newbury seconding. The motion passed unanimously, 7-0. The fourth item on the agenda was the Town Manager's Report. • Update on private funding contributions for Seibert Circle. Assistant Town Manager Pam Brandmeyer reported earlier this year, Council agreed to extend the timeframe during which contributions from the private sector toward shortfall funding of Seibert Circle could be collected. The total shortfall was $125,000. To this date, contributions of $107,700 have been received and a final $20,000 checks from Steve Virostek with the Willows. This Willows contribution will go against one of his "conditions of approval" that he provide $70,000 for public art. • Representing the Vail Chamber & Business Association, Richard tenBraak described a proposed June barbeque event scheduled to be held in Vail Village. Commission on Specials Event Coordinator (CSE) Sybill Navas explained the difference between the former Chili-Cook Off and the proposed "Kick-Off to Summer" barbeque event. Gordon asked why a Request for Proposals (RFP) for the event did not take place. Navas explained event RFP's are not commonplace. He then clarified the proposed budget was reasonable as compared to other events. Navas explained there was not much incentive for restaurants to participate in the Chili-Cook Off. Public Works Director Greg Hall explained that on June 17, Meadow Drive would be available for the Vail Farmers' Market. Foley asked if the town had planned on offering any assistance to the community of Holly in southeast Colorado. Slifer said the tornado-ravaged town had already received substantial assistance. Zemler offered to consult with the Colorado Municipal League regarding requested assistance. • Revenue Update. Finance Director Judy Camp reported the year is off to a good start with tax collections for February year-to-date estimated at $5.5 million, up approximately 6.6% from the same period in 2006. February collections estimated at $2.7 will be up 7.2% from February 2006, which was the previous high for the month. For comparison, inflation as • measured by the consumer price index was up just 2.4% in February. Similarly, ski lift tax collections for the year-to-date through February are up 8.4% from last year. The ski 2 • season to date (November -February) is up 5.2%. Construction permit revenue, which can be considered an indicator of redevelopment activity, is off to a good start in 2007. Year-to-date construction permit fees of $316,109 include $217,831 from major construction projects: the Arrabelle at Vail Square, Four Seasons, Lodge Tower, Mountain View (formerly Apollo Park), Ritz Carlton, and Vail Plaza Hotel. This is a 67% increase in total over the first two months of 2006, with the major projects accounting for approximately 69% of the fees in 2007 and 67% in 2006. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date RETT collections through March 28, 2007, total $1.3 million compared with $1.2 million for the same time period last year, an increase of 7.4%. Major redevelopment projects including Gore Creek Place and Forest Place contributed $202,500 or 16% of the total in 2007 while no major redevelopment projects closed in the first quarter of 2006. The fifth item on the agenda was The LionsHead Parking Structure Redevelopment Update. During an update on LionsHead parking structure redevelopment negotiations, Zemler stated the parties had agreed that any of the town's expenses related to those negotiations would be reimbursed by the developer. `The town will be meeting with the project's architectural group and Open/Hillwood Partners...The town's financial representatives and bond counsel have also begun work." Zemler acknowledged Vail Resorts remained abreast of the project's progress. The sixth item on the agenda was a Vail Police Department Accreditation Presentation. • Mayor Slifer and Rick Holman, Breckenridge Police Chief and a Northwest Colorado Association of Chiefs of Police Board Member, presented the Vail Police Department with the professional standards accreditation award. CIRSA provides the town with a premium reduction as part of that accreditation. Police Chief Dwight Henninger was then awarded the Colorado Law Enforcement Executives Certification Award. Slifer thanked Henninger for his hard work and dedication. The seventh item on the agenda was a Conference Center Fund Reallocation Discussion. Town Manager Stan Zemler asked Council to provide direction to staff regarding potential conference center fund reallocation uses to explore in a voter opinion poll. Town staff has been working with Public Opinion Strategies to draft a statistically significant telephone poll to probe voter interest for various reallocation scenarios for the Conference Center Fund. The poll would be used to assist Council in determining a possible ballot question for the November 2007 election. It is estimated the fund will be approximately $9 million by the fall election. The conference center taxes (a half-cent sales tax and a 1.5 percent lodging tax) were approved by voters in 2002 and rescinded in 2006. The funding may be redirected to an alternate use(s) with the consent of Vail's electorate. Council was then asked to review the current list of reallocation possibilities to be probed in the poll and to provide direction regarding adjustments or modifications: • Increasing tourism promotion, marketing and special events to draw year-round visitors. • • Providing greater access to workforce housing, including loans for first-time home buyers and acquisition of homes for local workers. 3 • • Improving parks, trails and bike paths. • Remodeling and improving Dobson Ice Arena so it can be used for other athletic and community events in addition to its use as an ice skating facility. • Increasing environmental efforts, such as energy efficiency, recycling and improving the health of the forest by removing pine-beetle diseased trees. • Maintaining roads. • Remodeling public facilities, such as the library, fire station and other public buildings • Funding the needs of the town as they arise. The election calendar indicates the ballot question must be set no later than August 21 upon second reading of an ordinance. Moffet moved to proceed with the poll with Logan seconding. Zemler then asked if it would be appropriate to develop a working group to assist in reaching agreement in formation of the questions for the survey. Representing the Vail Valley Partnership, Michael Robinson urged Council to use the funds to "attract visitors to Vail." He then recommended the polling process be discontinued. Manager of the Ritz-Carlton Bachelor Gulch Tom Donovan spoke in support of the Vail Valley Partnership's recommendation. Sonnenalp Lodge owner Johannes Faessler seconded Robinson's comments. "I find it improper to even consider spending this money on anything other than what this money was originally intended to be used for." Montaneros General Manager Keith Odza asked Council to support a conference center type facility. Vail Homeowner and concerned citizen Stephen Connolly recommended Council, "Spend this money for an attraction that will bring people to town." Mire clarified any use of the funds would require voter approval. Lodging professional Stan Cope supported a public/private partnership. Michael Cacciopo encouraged Council to use the money for • its original purpose. Gordon asked for an Executive Session to discuss the ramifications of a decision to postpone an election on the matter for another year. Local restaurant owner Bill Jewitt questioned whether the original community desire to have a conference center still existed as the last public referendum spoke to the opposite. Representing the Vail Chamber and Business Association, Kaye Ferry said her constituency supported the money being used on tourism. Local hotelier Pam Stenmark questioned the defeat of the past conference center as it may have been for a variety of reasons and not necessarily the "idea" of a conference center. Moffet clarified half of the taxes collected were through sales tax as opposed to the lodging tax. Newbury supported the poll. Hitt said, `To send it out (the question of what to do with the money) to a wish-list is the wrong thing to do...l think there are many reasons the conference center failed." Logan questioned Council's responsibility to determine how to use the funds this year. He said to determine how to use the money prior to completing the current LionsHead parking structure negations (as the facility may contain a conference center) would be premature and foolhardy. Gordon said he wanted to hear the opinion of the local voters. Hitt said the poll was clearly engineered to acquire a vote in favor of using the funds for employee housing. The motion passed 5-2, with Hitt and Logan opposed. The eighth item on the purchase of three sculptures. Art in Public Places Coordinator Leslie Fordham reported the Art in Public Places board voted unanimously to purchase three sculptures that have been on loan to the town for the past five years. All three sculptures were part of previous summer exhibitions in Ford Park and have remained on loan to the town since then. AIPP has negotiated with • the artists. The cost reflects a discount of up to 80% over the original asking price. Funding comes from the AIPP budget. 4 Sculpture Artist Location Price Branching Pattern Robert Tully TRC stairs $4,200 Seat Rock Robert Tully Ford Park $1,500 Endless Possibilities G. Westerberg Willow Park $2,000 Total expenditure $7700 Moffet moved to authorize the purchases as proposed with Logan seconding. The motion passed unanimously, 6-0. Hitt was absent from the item. The ninth item on the agenda an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning & Environmental Commission's decision to uphold an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building, located at 227 Bridge Street Lots C & D, and the southwesterly four feet of Lot B, Block 5-B, Vail Village First Filing, and setting forth details in regard thereto. (PEC06-0070, 0071, 0072) Ruther explained Council may, pursuant to Section 12-3-3, Vail Town Code, grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) days. Moffet moved to grant a continuance and table the item until May 1, 2007 with Newbury seconding. The motion passed unanimously, 7-0. The tenth item on the agenda was the Second Reading of Ordinance No. 10, Serie$ of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing • Special Development District (SDD) No. 39. Senior Planner Warren Campbell stated that on February 26, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 69 to 75 dwelling units, located at 141 and 143 Meadow Drive, and setting forth details in regard thereto. Upon review of the request, the PEC voted 6-0-0 to forward a recommendation of approval of the request to amend SDD No. 39, Crossroads, to the Vail Town Council. On March 20, 2007, Council a proved the first reading of Ordinance 10, p Series of 2007, by a vote of 5-2-0 (Slifer and Gordon opposed). Moffet moved to adopt the ordinance with Hitt seconding. The motion passed 6-0. Logan was absent. Workforce Housing Regulations Moffet moved to approve Ordinances 7, 8, and 9, Series of 2007 along with Resolution No. 1 U, Series of 2007 with Gordon seconding. The legislation was combined as they were inclusive to providing employee housing. Town Attorney Matt Mire clarified it was reasonable and to discuss the legislation as a package. During public discussion, Vail Housing Authority Member Steve Lindstrom spoke in support of employee housing and mentioned Snowmass Village was attempting to mitigate 100% of employee generation. Representing the Vail Board of Realtors, Asher Maslan said he believed fee-in-lieu (FIL) payments would end up being used down valley. He then asked why real estate offices would be asked to provide more housing • than other businesses. Maslan also asked about the potential of a dedicated employee housing tax. Slifer clarified Beaver Creek was a metropolitan district and had more s • opportunity to increase taxes. Former Vail Mayor Bob Armour asked if FIL payments could be used down valley. The answer was no. He then questioned the ability to build more employee housing in town due to a lack of space. Local business managers Rob Levine and Matt Morgan spoke in favor of the legislation on behalf of the Vail Economic Advisory Council. Morgan said, `This is too good of an opportunity to pass up...You are talking about thirty percent, I'm worried about the other seventy." Craig Forbes of Forbes Real Estate group spoke against the legislation. Local planner Tom Braun asked for consistency in the ordinances. Local property owner Rick Mueller spoke against the proposed legislation and encouraged Council to look at the issue regionally. Representing Vail Resorts Development Company Keith Fernandez asked for a program with clarity, certainty and flexibility. Moffet explained, `This is the first step in stopping the bleeding as is with providing first aid." Newbury said, "I think we are making a really important first step for this town, and I am passionate about it." Hitt spoke in support of the legislation and clarified it was only the beginning of a learning process. Logan thanked the audience for their participation and input and noted the compromises that had been made along the way. He then spoke about the opportunity to provide significant employee housing at Timber Ridge. Gordon said, "We are setting the stage for the ending of the down valley flight of our families...We are changing the direction of Vail for the better." Foley spoke in support of the legislation. Slifer stated he had reservations about the housing requirements imposed on real estate offices and restaurants. The eleventh item on the agenda was Second Reading of Ordinance No. 7, Series of 2007. An ordinance amending Title 12, Zoning Regulations, Vail Town Code, by the addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 23, • entitled Commercial Linkage. On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. Moffet moved to approve the ordinance and increased the minimum square footage per employee for a dormitory style unit from 200 to 250 Newbury seconding. The motion passed unanimously, 7-0. The twelfth item on the agenda was Second Reading of Ordinance No. 8, Series of 2007. An ordinance amending Title 12, Zoning Regulations, Vail Town Code, by the addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 24, entitled Inclusionary Zoning. On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. Moffet moved to approve the ordinance and increased the minimum square footage per employee for a dormitory style unit from 200 to 250, with Newbury seconding. The motion passed unanimously, 7- 0. • The thirteenth item on the agenda was Second Reading of Ordinance No. 9, Series of 2007. An ordinance repealing and re-enacting Chapter 12-13, Employee Housing, Title 6 12, Zoning Regulations, Vail Town Code, to allow for revisions to the employee housing • regulations. On November 7, 2006, Council directed the Community Development Department to prepare text amendrr~ents to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. Moffet moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The fourteenth item on the agenda was a resolution establishing the "2007 Pavment Of Fee-In-Lied' fee for the Mitigation Of Employee Housing as prescribed in Chapter 12-23, Commercial Linkage, and Chapter 12-24, Inclusionary Zoning, Title 12, Zoning Regulations, Vail Town Code. On April 3, 2007, the Vail Town Council will be considering the adoption of Ordinances No. 7 & 9, Series of 2007, establishing new regulations for commercial linkage and inclusionary zoning. As allowed by the new regulations, a payment of fee-in-lieu option exists for mitigating required employee housing. The purpose of this resolution is to establish the "2007 Pavment Of Fee-In-Lieu" fee. Moffet moved to pass the resolution with Newbury seconding. The motion passed 6-1, with Slifer opposed. The fifteenth item on the agenda was Ordinance No 12, Series 2007, An Emergency Ordinance Amending Ordinance No. 26, Series 2006, Extending the Time in which Town Council may Adopt Employee Housing Regulations for Commercial and Residential • Development and Redevelopment. On October 17, 2006, the Town Council adopted Ordinance No. 26, Series, of 2007, which set forth the Town Council's intention to adopt employee housing regulations by April 15, 2007. In reliance on the "Pending Ordinance Doctrine," Ordinance No. 26, n r r develo ment a lications filed after October 2007 further required any developme t o e p pp 17, 2006, to comply with the newly adopted housing regulations, if any. Ordinance No 12, Series 2007, was needed only if Council found and determined additional time was necessary to study employee housing options before adopting new employee housing regulations. The ordinance died for lack of a motion. The sixteenth item on the agenda was Resolution No. 8, Series 2007, A Resolution Approving the First Amendment to the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3. On September 19, 2006 the Town Council approved the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3. The primary purpose of the metropolitan districts is to finance the public improvements associated with the "Solaris" redevelopment project. The formation of the districts was contemplated in the Development Agreement between the Town of Vail and Crossroads for the above-referenced project. The Consolidated Service ~'Ic~n for the proposed districts details the purpose, intent and operation of the proposed districts. Because of the cost of the public improvements and the value of the • underlying property, it is necessary to amend the Consolidated Service Plan to increase 7 the debt cap from $20 million to $40 million. Moffet moved to adopt the resolution with Newbury seconding. The motion passed unanimously, 7-0. The seventeenth item on the agenda was Resolution No. 9, Series 2007, a Resolution Approving an Intergovernmental Agreement between the Town of Vail, a municipal corporation of the State of Colorado ("Town"), and Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3, quasi- municipal corporations and political subdivisions of the State of Colorado (the "Districts") Mire explained the Districts were organized to provide those services and to exercise powers as are more specifically set forth in the Districts' Service Plan, approved by the Town on September 19, 2006 ("Service Plan"), as amended. The Service Plan requires the execution of an intergovernmental agreement between the Town and the Districts (the "IGA"). The IGA governs the relationship between the Town and the Districts and establishes certain requirements concerning the Districts' ability to levy taxes and issue debt. Tt~e Town and the Districts have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into the Intergovernmental Agreement ("Agreement"). Moffet moved to pass the ordinance with Hitt seconding. The motion passed unanimously, 7-0. District representative Reid Welly said demolition would begin May 1. The eighteenth item on the agenda was Adjournment. Moffet moved to adjourn with Hitt seconding at approximately 9:15 p.m. The motion passed unanimously, 7-0. O~•V141t••. C-cZ tel. ~ • y ~ Rodney E. Slifer, Mayor O~ • AT ES ~ ~ ~ (~Q J relei Donaldson, Town Clerk • 8 Vail Town Council Everting Meeting Minutes Tuesday, April 17, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Greg Moffet Kim Newbury Mark Gordon Kevin Foley Not present: Kent Logan Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. Foley stated the Vail Chamber and Business Association Premier Impression Awards Ceremony was successful. The second item on the agenda was appointments to the Vail Local Licensing Authority (LLA) and Vail Local Housing Authority (VLHA) boards. Earlier in the day Council interviewed all of the applicants. All applicants for the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of Vail liquor license applications. There are currently three vacancies on the LLA. The Town received five (3) applications for the. vacancy. Moffet moved to appoint Mark Conlin, Connie Knight and Bryant Roth to the board with Hitt seconding. The motion passed unanimously, 6-0. Foley thanked Bill Bishop and Dick Cleveland for their past service on the board. All applicants for the VLHA must be full-time, year-round residents of Eagle County who either are residents of the Town of Vai{ or work for a business holding a Town of Vail business license. Authority members must have a proven ability to be an effective advocate for a full range of housinct projects and be able to promote a vision for local employee housing that has been approved of by the majority of the Authority. The role of • Authority members is to act as Board of Directors for the business of the Vail Local 1 Housing Authority. The duties may include budget approval, adopting policies, advocacy, staff oversight, strategic and long-term planning, setting development and acquisition parameters and potentially managing the existing Town of Vail deed- restricted housing inventories. Technical experience in one of the following areas is also desirable: financing of large projects, development, construction/construction management, planning, design, or legal. Hitt moved to reappoint Sally Jackle with Moffet seconding. The motion passed unanimously, 6-0. The third item on the agenda was the Town Manager's Report. • Vail Pass Environmental Assessment Update. Town Engineer Tom Kassmel reported the process continued. For more information and a detailed time line please visit www.westvailpass.org. • Police Department Annual Report Police Chief Dwight Henninger presented Council with the 2006 Police Department Annual Report. The report documents the activities of the Police Department and Vail Public Safety Communications Center during 2006. Highlights include a 14.5% increase in calls for service and no significant increases in crime rates. Gordon thanked the Police Department for their hard work. Henninger then thanked Council for their continued support. • Seibert Circle Update. Project Manager Todd Oppenheimer reported significant engineering work still needed to happen before the proposed fountain could be completed. He said the town did not have the necessary schedule to guarantee a price with a general contractor. "We are not going to start this on April 23...1 wish it was a lot better news." Hitt asked when the news came to light. Oppenheimer replied, "This company (project designer WET Design) is not a responsive company." The design of an intrusion system surrounding the sculpture was also discussed. Slifer asked that the intrusion element be brought before Council for approval prior to it being installed. Zemler said he would like the Town Attorney to review the contract with WET Design and determine an appropriate course of action. The fourth item on the agenda was a Noise Ordinance Discussion and opportunity for public Input. i Police Corrimander Steve Wright asked Council to discuss and obtain public input regarding the existing noise ordinance and give direction to staff if change is desired. During the Council meeting of March 20, there was discussion of possibly amending the current town ordinance section 5-1-7, extending the time periods for allowable outdoor entertainment. The current ordinance prohibits amplified sound between the hours of 10 p.m. and 8 a.m. Wright said, "The current ordinance appears to have a good balance between the needs of the commercial establishments and the residential occupants of the core areas. However, if Councii is desirous of making a change, staff recommends extending the period of allowable amplified sound on Friday and Saturday nights by one • hour." Mitt and Gordon recommended allowing sound to be amplified for an additional hour on Fridays and Saturdays. Representing Vail Resorts, Tom Miller asked Council to 2 consider Special Entertainment Districts. Vail focal Sheika Gramshammer asked • Council to support an hour long amplified sound extension on Friday and Saturday. Representing the Vail Chamber and Business Association, Kaye Ferry said an extension would be appropriate. Hitt moved to have the Town Attorney bring back an ordinance extending the hours of outdoor amplified sound from 10 p.m. to 11 p.m. on Fridays and Saturdays with Gordon seconding. Slifer explained he had concerns that amplified sound ultimately turns into street entertainment. Representing the Red Lion, Scott Dolgitt spoke in support of the extension. The motion passed 5-1, with Slifer opposed. The fifth item on the agenda was a 2007 Integrated Weed Management Plan Update. Landscape Architect Gregg Barrie presented an update on Noxious Weed Management efforts for 200;'. "Beginning this spring, the Department of Public Works will be stepping up efforts to effectively manage noxious weeds on town-owned property. The Town of Vail has a pretty significant noxious weed problem." Management efforts will include: inventory and mapping, public education, and then management efforts. Four different management efforts are proposed: --Mechanical --Biological --Chemical --Cultural The town is planning a first annual "Weed Pull" toward the end of the summer. Hitt commented he had participated in noxious weed management efforts in his neighborhood. Gordon encouraged using as few chemicals as possible. The sixth item on the agenda was an Environmental Program Update. Town Environmental Officer Bill Carlson provided Council with an overview of environmental programs the town has undertaken and was researching. Zemler said when the Real Estate Transfer Tax (RETT) funding mechanism for environmental programs was approved, staff assured Council they would be informed as to how the funds would be spent. Carlson went on to explain the town's recycling, renewable energy, green building and energy management plan and water quality protections. Council discussed the potential use of a cardboard compactor for commercial cardboard collection. Zemler said he would investigate commercial cardboard collection. Gordon encouraged the use of compostable plastics at town special events. Gordon asked what the town could do to encourage photovoltaic systems. Hitt clarified the United States Forest Service and Eagle County also provided Forest Health Project Funding. Newbury thanked Public Information Officer Suzanne Silverthorne for her successful work regarding the bear-resistant container awareness program. The seventh item on the agenda was a LionsHead Parking Structure Update. Zemler reported much progress had been made in regard to the structure's redevelopment. Legal counsel for both parties are meeting and beginning to put appropriate language together. The possible use of Timber Ridge will also be discussed. Bond counsel has begun investigating the project's funding. A group of cornmunity leaders was convened to have a dialogue about the potential uses of a conference center/performing arts facility. 3 i The eighth item on the agenda was Conference Center Fund Reallocation Next Steps Report. Zemler reported that during the April 3, 2007, meeting, following public input from the business community, Town Council voted 5-2 to proceed with a telephone poll to probe voter interest regarding various reallocation scenarios for the Conference Center Fund, so long as Council's procedural questions are satisfactorily addressed during the April 17 work session. It is estimated the fund will be approximately $9 million by a fall election. The conference center taxes (a half-cent sales tax and a 1.5 percent lodging tax) were approved by voters in 2002 and rescinded in 2006. The funding may be ~ redirected to an alternate use(s) with the consent of Veil's electorate. Options for next steps anclude: • Proceed with the telephone poll to be fielded in June and provide direction on the list of questions and possible uses to probe with input from a working group to be identified by the Town Council. Results ;mould be used to determine readiness to set the ballot for November 2007, which would require second reading of an ordinance by August 21. • Postpone the telephone survey and create a working group to be identified by the Town Council to recommend a possible ballot question for November 2007, which requires second reading of an ordinance by August 21. A telephone poll could be scheduled later to evaluate voter interest prior to a go/no-go ballot decision. • Postpone the survey and ballot-setting process until 2008 when additional information will be known regarding future plans for public parking and aprivately-funded conference center as part of the LiansHead parking structure redevelopment negotiation process. Moffet moved to postpone the survey and ballot-setting process until 2008 when additional information will be known regarding future plans for public parking and a privately-funded conference center as part of the LionsHead parking structure redevelopment negotiation process with Hitt seconding. Representing the Vail Valley Partnership, Michael Robinson spoke in support of the motion. Montaneros building representative Keith Ozda asked Council to continue efforts in determining what to do with the funds. The motion passed unanimously, 6-0. The ninth item on the Discussion of Ordinance No. 13, Series of 2007, an Ordinance making Supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund and Real Estate 'Transfer Fund, of the 2007 Budget for the Town of Vail, The Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Moffet moved to approve the ordinance with Newbury seconding. Fire Chief John Gulick explained a town owned ladder truck had been recently refurbished. The Katsos Ranch recreation trail renovation was also discussed in detail. The motion passed unanimously, 6-0. The tenti~ item on the agenda was the Second Reading of Ordinance No. 1, Series of 2007. An ordinance arnending title 10, Vail Town Code; adopting chapter 3, "in-building 4 public safety radio system coverage"; providing minimum standards for in-building radio system coverage. Town Fire Marshal Mike McGee reported the ability of police, fire, ambulance and other emergency providers and personnel to communicate with each other within buildings and structures, and to communicate from within structures and buildings to personnel and locations outside of the building and structures, is vital to the public and these responding agencies. A breakdown in communications among emergency responders and public safety personnel creates a serious risk of harm and is a serious threat to the safety and welfare of emergency personnel, the residents Vail and the public in general. McGee said he had recently found 18 buildings within town limits where radio communication was not available inside. Costs to install amplification systems range from ten cents to one dollar per square foot. Slifer clarified property owners were generally willing to be compliant. Moffet moved to adopt the ordinance with Hitt seconding. The motion passed unanimously, 6-0. For details, contact Matt Mire at 479- 2460. The eleventh item on the agenda was Resolution Number 11, Series 2007. A resolution supporting the efforts of the Vail Valley Foundation to proceed with a bid for the 2013 FIS World Alpine Ski Championships. Vail Valley Foundation President Ceil Folz announced in 2004 the Vail Valley Foundation (the "Foundation") executed a challenging, yet unsuccessful bid to bring the Alpine World Ski Championships to Vail. The Foundation now believes it is time to "put our foot back in the pool" and submit a bid for the 2013' World Alpine Ski Championships. The Alpine Ski Championships gather the greatest skiers from over forty countries to compete over a two week period of time in every alpine discipline. The Alpine Ski Championships are expected to attract more than 800 athletes, 1,800 members of the media, 2,000 volunteers and several large international sponsors. Folz clarified that philosophical support would lead to financial support if the bid is successful. Moffet moved to adopt the resolution with Gordon seconding. The motion passed unanirously, 6-0. For details, contact Parn Brandmeyer at 479-2113. The twelfth item on the agenda was Adjournment. Slifer said rs~~ had indicated to St. Moritz, Switzerland officials the Town of Vail had a desire to i~-~crease interaction. Moffet moved to adjourn with Foley seconding at approximately 8:02 p.m. The motion passed unanimously, 8-0. OF V~~ ~ ~•~......h • ~j~ Rodney E. Slifer, Mayor ATTEST: •1•••~~••~~••.•.' • s ~ ~ o; ~ ~ ~v Lorelei Donaldson, Town Clerk ; ~~y C04 Minutes provided by Corey Swisher. I • b • Vail Town Council Evening Meeting Minutes Tuesday, May 1, 2007 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 Rod Slifer. ' Members present: Rod Slifer, Mayor Greg Moffet Kim Newbury Mark Gordon Kevin Foley Not present: Kent Logan Farrow Hitt, Mayor Pro-Tem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager • The first item on the agenda was Citizen Participation. Representing Eagle County Animal Services, Natalie Duck presented information about a campaign on safe human/dog interaction. She invited representatives of the town to attend an informational meeting on May 22. The second item on the agenda was the Consent Agenda. Approval of 04.03.07 & 04.17.07 minutes. Moffet moved to approve the minutes without amendments with Newbury seconding. The motion passed unanimously, 5-0. The third item on the agenda was the Town Manager's Report.' • Revenue Update. Finance Director Judy Camp announced that although ski lift tax collections for the month of March are down slightly from the previous year (1.4%), year-to-date collections through March are up 4.7% from last year.. The ski season to date (November -March) is up 3.4%. Construction permit revenue, which can be considered an indicator of redevelopment activity, is off to a good start in 2007. Year-to-date construction permit fees of $601,515 include $427,759 from major construction projects: the Arrabelle at Vail Square, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, • Mountain View (formerly Apollo Park), Ritz Carlton, Vail Plaza Hotel, Westhaven 1 Condominiums, and the Willows. This is a 27% increase in total over the first four • months of 2006, with the major projects accounting for approximately 71 % of the fees in 2007 and 75% in 2006. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date Real Estate. Transfer Tax (RETT) collections through April 23, 2007, total $1.7 million compared with $1.6 million for the same time period last year, an increase of 6.1 Major redevelopment projects including Gore Creek Place and Forest Place contributed $202,500 or 12% of the total in 2007 while no major redevelopment projects closed in the first four months of 2006. • Wildlife Resistant Containers. Police Chief Dwight Henninger said he believed residential customers were approximately 75% compliant with the wildlife protection ordinance. Henninger then outlined the extensive public awareness campaign. Year-to-date the Police Department has answered calls to three bear sightings. Foley clarified summons would be issued for non-compliance the next day (as opposed to written warnings). The fourth item on the agenda was a Construction Update. Public Works Director Greg Hall announced snowmelt installation at Meadow Drive and Slifer Plaza are continuing. "Decorative planters are being put in by the Children's Fountain...Work surrounding Manor Vail has started. The Vail Plaza Hotel is finishing median work on the South Frontage Road...The Four Seasons will be generating a lot of heavy truck traffic... Crossroads will begin demolition on May 7." Slifer encouraged appropriate signage be used to identify the hospital detour. • The fifth item on the agenda was a LionsHead Parking Structure RFP Update. Town Manager Stan Zemler said he would bring potential options for Timber Ridge to Council during the May 15 meeting. "We are working to improve communication among the various groups...Sometimes aconference call just doesn't do it...We need to make some significant progress in a relatively short amount of time." Zemler discussed potential parking options including the possibility of using the Ever Vail construction site. Representing the Vail Chamber and Business Association, Kaye Ferry said the Vail business community would not support redevelopment of the LionsHead parking structure without a West Vail parking structure in place. Representing the Vail Village Homeowners Association Jim Lamont suggested working out a business plan for the conference center (included in the proposed development) prior to approval of the project. The sixth item on the agenda was First Reading of Ordinance No. 11, Series of 2007, an ordinance amending Special Development District (SDD) No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision. Town Planner Bill Gibson explained that on April 9, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision. Upon review of the request, the PEC voted 7-0-0 to forward a recommendation of approval, with conditions, of the request to amend SDD No. 4, Cascade Village, to Council. These recommended conditions have been integrated into Ordinance No. 11, Series of 2007. Moffet clarified with the applicant's representative Jay • Peterson, that previous neighborhood concerns surrounding the ordinance had been quelled. Peterson answered yes. Representing the Vail Village Homeowners Association, 2 Jim Lamont spoke in support of the ordinance. Moffet moved to approve the ordinance with • Newbury seconding. The motion passed unanimously, 5-0. Foley clarified the affected parcel was not zoned as Natural Area Preservation. The seventh item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's decision to uphold an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building, located at 227 Bridge Street Lots C & D, and the southwesterly four feet of Lot B, Block 5-B, Vail Village First Filing. Acting Community Development Director George Ruther explained that on February 12, 2007, the Town of Vail Planning & Environmental Commission held a public meeting to hear an appeal of an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building. Upon presentation of evidence and testimony, the PEC made eight findings of fact and voted unanimously to uphold the previous decision of the administrator. On April 3, 2007, Council granted a continuance of the public hearing on the appeal to the May 1, 2007, Town Council meeting at the request of the staff and the appellant. The Community Development Department recommended Council uphold the February 12, 2007, decision of the PEC, based upon the evidence and testimony presented and the eight findings of fact made by the PEC. Town Attorney Matt Mire acknowledged Council had visited the site earlier in the day. Representing the appellant, Paul Dunkelman argued the PEC changed the facts and modified the interpretation of Town Code to come to a predetermined decision. Newbury clarified Dunkelman referred to the unit as being on the first floor. Representing the Vail Village Homeowners Association, Jim Lamont spoke in support of the staff recommendation. Representing the Vail Chamber and Business Association, Kaye • Ferry spoke in support of the staff recommendation. Ruther established the zoning of the building regulated uses that could occur within it. Dunkelman stated, "You can't amend the code and just say you are interpreting them...This is not about any other unit, business, or applicant." Moffet moved to uphold the PEC decision based upon the relevant findings provided by staff with Newbury seconding. The motion passed unanimously, 5-0. The eighth item on the agenda First reading of Ordinance No. 14, Series 2007. An Ordinance Amending Sections 5-1-7(H)(2)(d) Vail Town Code Regarding the Regulation of Amplified Sound for Commercial Purposes. Police Commander Steve Wright reported that during the Council meeting of April 17, 2007, the Council directed the staff to provide an ordinance amending the current town code section 5-1-7, extending the time periods for allowable outdoor entertainment. The Council asked to extend the time which amplified-sound equipment may be used for commercial purposes on Friday and Saturday nights from 10 p.m. to 11 p.m. Gordon clarified special events were not subject to this ordinance and were handled in a different manner. "I think this is a very reasonable compromise." Gordon moved to pass the ordinance with Foley seconding. Representing the Vail Chamber and Business Association, Kay Ferry spoke in support of the ordinance. She also encouraged further lengthening the allowed times. Representing the Vail Village Homeowners Association, Jim Lamont encouraged Council to maintain the status quo. He asked for more communication with affected lodging properties between first and second reading of the ordinance. The motion passed unanimously, 5-0. • The ninth item on the agenda was Second Reading of Ordinance No. 13, Series of 2007, an Ordinance making supplemental appropriations to the Town of Vail General 3 Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund of the 2007 Budget for • the Town Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Moffet moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 5-0. The tenth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding at approximately 7:30 p.m. The motion passed unanimously, 5-0. Rodney E. Slifer, Mayor ATTEST: Loret"ei Donaldson, Town Clerk • ,`O~N'~'F •~'~i Minutes provided by Corey Swisher. l :SEAL i ~ ~oc.oRPcA 4 • Vail Town Council Evening Meeting Minutes Tuesday, May 15, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Kim Newbury Mark Gordon Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager i ' iz P ici ation. Vail Valle Exchan e The first item on the agenda was Cit en art p y g representative Chip Domke announced McKenzie Stevens from Battle Mountain High School and Axie Navas from Vail Mountain School were to receive the Vail Youth Recognition Awards. Slifer presented each student with a $1,000 check to be put toward their college education. The second item on the agenda was a Construction Update. Public Works Director Greg Hall announced the Manor Vail walkway (to Ford Park) was almost complete. "Storm sewer work to the north of International Bridge...Utility work in front of Austria Haus is underway with asphalt to occur soon...The water line installation on West Meadow Drive continues to progress...Work on the Arrabelle streetscape continues." He then stated that significant work on Forest Road would continue near the Eagle River Water and Sanitation District administrative building. "There are several detours throughout town...We are doing our best to keep the signage up to date." He then clarified construction in the public right-of- way is to be completed on June 22. The third item on the agenda was the Town Manager's Report. • Timber Ridge Update. • Town Manager Stan Zemler reported there are several physical/structural and financial issues at Timber Ridge. "V1/e have experienced decreased revenue from • projections due to additional vacancies we did not anticipate...Wastewater issues also created some problems...Expenses are running about $20,000 higher than we expected." He then announced a recent improvement in vacancies had occurred, although several issues surrounding repair and maintenance loomed in the future. "These are capital improvements that are not budgeted...Timber Ridge Affordable Housing committee has engaged Borne Engineering to provide cost estimates for some life-safety repairs." The fourth item on the agenda was the LionsHead Parking Structure Redevelopment and Timber Ridge Redevelopment. Zemler reported that on March 20, 2007, Council directed staff to enter into an exclusive negotiation with Open Hospitality Group/Hillwood Capital Partnership (OHP) for redevelopment of the LionsHead parking structure property and to simultaneously consider OHP's proposal to redevelop Timber Ridge. Staff and OHP, along with the town's respective advisors, have been discussing the projects and negotiating key points. Zemler stated, "I am feeling very good about where we are in the process." Representing OHP, Mark Masinter said, "I'm thrilled the way the process is going...The process has been very transparent...We have some real expertise at the partner level to help us execute our plan." Town legal representative Malcolm Murray explained that to guarantee completion of the three construction phases for a new parking structure, an irrevocable letter of credit would be implemented during each phase of construction and controlled • by the town. If the parking structure is rebuilt, but one or more hotels are incomplete, the developer improvement agreement will contain certain triggers that would enable the town to buy back the development rights and find a new developer. Murray also outlined a model for operation and management of the conference center in which the conference center would be owned by a metro district. The metro district would contract with a public entity to act as a convention bureau handling bookings and marketing. The metro district would also enter into a contract with the hotel entity to maintain the space and provide food and beverage services. To cover a possible operational deficit, a lodging tax or public improvement surcharge would be implemented, as well as a possible metro district mill lery which would be confined to the development property. Masinter clarified a focus group suggested the conference center be cutting edge technologically and possess high-end finishes. "We have a new design we will be presenting to town staff." Logan clarified that when the first phase of construction is begun the town will have a fully functional parking garage in Ever Vail. Zemler stated parking continues to be the biggest challenge. "We have talked to state (Colorado Department of Transportation) officials and there is an openness to realigning the South Frontage Road. Referring to parking, Zemler said, "We need to have alternatives and those will occur in LionsHead...We are continuing to have regular meetings with Vail Resorts." Logan reinforced the importance of including Vail Resorts in the project discussions. PEC Member Bill Dewitt asked for a contingency plan that would • assure the project does not end up half completed. Representing the Vail Village Homeowners Association, Jim Lamont urged Council to use due • diligence when analyzing all issues surrounding the project. LionsHead restaurateur Billy Suarez urged caution in the decision making process, especially as it relates to available parking during construction. "I appreciate Council's due diligence." The fifth item on the agenda was the Second Reading of Ordinance No. 11, Series of 2007, an ordinance amending Special Development District (SDD) No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision. Senior Planner Bill Gibson announced that on May 1, 2007, the Vail Town Council approved Ordinance No. 11, Series of 2007, on first reading by a vote of 5-0-0. Moffet moved to adopt the ordinance with Gordon seconding. Representing the applicant, Jay Peterson reported neighborhood concerns surrounding the snowcat access had been alleviated. Representing the Vail Village Homeowners Association, Jim Lamont offered thanks to Hitt for being persistent on the neighborhood covenant concerns surrounding the proposal. The motion passed unanimously, 7-0. The sixth item on the agenda was the Second reading of Ordinance No. 14, Series 2007. An Ordinance Amending Sections 5-1-7(H)(2)(d) Vail Town Code Regarding the Regulation of Amplified Sound for Commercial Purposes. Town Attorney Matt Mire stated that during the Council meeting of April 17, 2007, the Council directed the staff to provide an Ordinance amending the current town • code section 5-1-7, extending the time periods for allowable outdoor entertainment. The Council wishes to extend the time which amplified-sound equipment may be used for commercial purposes on Friday and Saturday nights from 10:00 p.m. to 11:00 p.m. Slifer clarified for the record that several letters in opposition to the ordinance had been received by Council. Vail Village hotelier Paul Johnston spoke in opposition to the ordinance. Representing the Vail Village Homeowners Association, Jim Lamont spoke in opposition to the ordinance. Slifer, a Village resident, then expressed displeasure with the legislation. Representing the Vail Chamber and Business Association, Matt Greene spoke in support of the ordinance. Gordon emphasized the importance of the perception of "Vail is open" during the evening. Gordon then moved to approve the ordinance with Hitt seconding. Hitt asked Police Commander Steve Wright to strictly enforce the ordinance. Village resident Connie Knight spoke in opposition to the ordinance. Foley professed a willingness to rescind the ordinance if it didn't work. Newbury said she was trying to balance the comments she had heard throughout the community. "We should evaluate it and if it isn't working we should reconsider it." The motion passed 5-2, with Slifer and Moffet opposed. The seventh item on the agenda was Resolution No. 12, Series 2007, A Resolution Approving the Purchase of Property in the Town of Vail Legally Described as Vail Heights Condominium Unit #11, Eagle County, Colorado with a • Physical Address of 2079 Chamonix Lane, Vail Colorado. The Council considers ~ it in the interest of the public health, safety and welfare to purchase the property • legally described as Vail Heights Condominium Unit #11 Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail Colorado (the "Property") in the amount of $280,000.00. Moffet moved to approve the ordinance with Foley seconding. The unit will be included in the town's employee housing stock. The motion passed unanimously, 7-0. The eighth item on the agenda was Resolution No. 13, Series 2007, A Resolution Approving the Purchase of Property in the Town of Vail Legally Described as Pitkin Creek Park Condominium Unit #6-H, Eagle County, Colorado with a Physical Address of 4011 Bighorn Road, Vail Colorado Council considered it in the interest of the public health, safety and welfare to purchase the property legally described as Pitkin Creek Condominiums unit 6-H, Eagle County, Colorado with a physical address of 4011 Bighorn Road, Vail Colorado (the "Property") in the amount of $460,000.00. Moffet moved to adopt the ordinance with Newbury seconding. The unit will be included in the town's employee housing stock. The motion passed unanimously, 7-0. The tenth item on the agenda was Adjournment. Newbury moved to adjourn with Moffet seconding. The motion passed unanimously, 7-0. • /~-L-~-1 C-~7 l ~ ~ Rodney E. Slifer, Mayor ATTEST1 _ ~ ~ ~ L,9i 4,~ A • f L • • Lorelei Donaldson, Town Clerk O~Okr.~. oy , . . . . . . . f. •Y ~ OF : 5~,~, Vail Town Council Evening Meeting Minutes Tuesday, June 5, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Kim Newbury Mark Gordon Farrow Hitt, Mayor Pro-Tem Kevin Foley Not Present: Kent Logan Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager EVENING SESSION HIGHLIGHTS The first item on the agenda was Citizen Participation. Kaye Ferry asked why parking structure maintenance was occurring in June as opposed to April or May when parking demand is considerably less. PEC Member Bill Jewitt urged Council to aggressively pursue employee housing. "We should look at employee housing as part of the infrastructure of the Town of Vail." Director of AXS Vail Valley Sarah Will asked Council to address disabled parking accessibility as much of it has been eliminated due to construction activity. She then asked if AXS Vail Valley could be a part of special event planning. Kevin Foley said he attended a Youth Foundation golf tournament earlier in the day. He then expressed concern over a possible clear cut near Gore Creek that had occurred in Ford Park. He then mentioned `The skate park grand opening was great." The second item on the agenda was the Town Manager's Report. Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of April were expected to be $1.3 million, up 3.4% from last year. Year-to-date collections through April are expected to be $9.8 million, up 5.8% from the same period last year. For comparison, inflation as measured by the consumer price index was up 2.6% in April compared with the prior year. Ski lift tax collections for the month of April are up 19.3% from the previous year following a slight downturn in the month of March (1.4%). Year- 1 to-date collections through April are up 6.4% from last year, while the ski season to date • (November -April) is up 4.7%. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $812,961 up 41 % from the first five months of last year. Year-to-date permit fees include $513,780 from major construction projects: the Arrabelle at Vail Square, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Major projects accounted for approximately 63% of the fees in 2007 and 65% in 2006. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date Real Estate Transfer Tax (RETT) collections through May 29, 2007, total $2.2 million compared with $2.1 million for the same time period last year, an increase of 2.7%. Major redevelopment projects including Gore Creek Place and Forest Place contributed $202,500 or 9% of the total in 2007 while no major redevelopment projects closed in the first five months of 2006. Brandmeyer then provided Council with a summary of Spring Back to Vail participation and revenue information, which event along with others contributed to the strong April results. Construction Update. Town Engineer Tom Kassmel reported: Streetscape work continues in front of the Austria Haus; the Front Door continues with excavation; Manor Vail has just set up their tower crane; Mountain View (Apollo Park) and the Four Seasons excavation continues; One Willow Bridge has received a partial Temporary Certificate of Occupancy; Nine Vail Road continues to work their re-skin; Solaris is still under demolition and utility locates, LionsHead paver installation continues and the Ritz Carlton is looking at starting demo and excavation very soon. Gordon acknowledged George Ruther for his appointment as Community Development Director and Lori Barnes as Town Librarian. The third item on the agenda was the Consent Agenda. Approval of 05.01.07 and 05.15.07 Minutes. Moffet moved to approve the minutes without amendment with Foley seconding. The motion passed unanimously, 6-0. The fourth item on the agenda was a Presentation of the 2006 Audit Report. Michael Jenkins, C.A., C.P.A, and principal of McMahan and Associates presented Council with the annual independent financial audit. The 2006 audit report is presented for Council information; no action is requested. 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 shall be conducted by certified public accountants and copies made available for public inspection at the municipal building. The 2006 audit was conducted by McMahan and Associates, LLC. Michael N. Jenkins presented the results of the audit to the Council and the public. "The financial health of the town is generally good...Timber Ridge continues to be an area of concern for everybody." Hitt thanked Zemler and Camp for their strong financial management. 2 • The fifth item on the agenda was the LionsHead Structure Redevelopment Update. Zemler announced not a lot of activity had occurred over the past few weeks. "Work will significantly ramp up in the near future...The Open/Hillwood group will be in town for most of a week...l've continued to have an open dialogue with Vail Resorts." Representing the Vail Village Homeowner's Association, Jim Lamont asked for a business plan for the conference/event center. The sixth item on the agenda was The Town has received approval from San Joaquin RTD to utilize one of its options from a contract with Gillig Corp. to purchase a 40' low floor hybrid bus. Town Fleet Manager Todd Scholl stated the purchase price of the bus is $515,771, the town has an Federal Transportation Authority grant for $382,976, so the Town's portion to fund this purchase $132,795. "We are asking for approval to enter into a contract with Gillig to purchase this bus." Moffet moved to authorize town staff to enter into the contract with Gordon seconding. Scholl clarified the bus will be delivered in 11 months. Future funding of hybrid buses was discussed as grant monies may be diminishing. During a pause for public input, Sara Will asked if the buses would provide an internal or an external wheelchair lift. Transit Director Mike Rose said the lifts would be located inside and would be heated. The motion passed unanimously, 6-0. The seventh item on the agenda was the First reading of Ordinance No. 16, Series 2007. An Ordinance to Prohibit the Possession, Sale or Use of Fireworks within the Town of Vail. Pursuant to C.R.S. §12-28-107, the Town is authorized to adopt an ordinance establishing prohibitions upon the sale, use, and possession of fireworks, including "permissible fireworks" as defined in C.R.S. § 12-28-101, within the corporate limits of the town. Gulick announced about six fireworks violations occurred per year. Moffet moved to adopt with Newbury seconding. The motion passed 5-1, Hitt opposed. The eighth item on the agenda was the First reading of Ordinance No. 15, Series of 2007, an ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 21, Buffher Creek Subdivision, from Primary/Secondary (P/S) district to Low Density Multiple-family (LDMF) district. Senior Planner Warren Campbell stated that on May 14, 2007, the Town of Vail PEC held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the PEC unanimously approved a motion recommending approval with a condition the rezoning request be forwarded to the Vail Town Council. (That Lot 21, Buffehr Creek Subdivision, shall be limited to no more that six (6) dwelling units regardless of that allowable under LDMF. Moffet explained, "We are encouraging compliance with the law.) Moffet moved to adopt with Gordon seconding. The motion passed unanimously, 6-0. Moffet said the Open Space Advisory Committee has been requested to put together a Countywide open space plan. "We will participate aggressively." The ninth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding at approximately 7:02 p.m. The motion passed unanimously, 6-0. 3 • ~ Rodney E. Slifer, Mayor ATTEST: Loreie D naldson, Town Clerk ~~i~ n ~..~P Minutes provided by Corey Swisher. 4 - I Vail Town Council Evening Meeting Minutes Tuesday, June 19, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Kim Newbury Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Not present: Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Ann Hesson introduced David Fulton as the newly appointed Director of the Eagle River Watershed Council. He thanked Council for its support in protecting the Eagle River Watershed. The second item on the agenda was the Commission on Special Events (CSE) Appointment.Earlier in the day Council interviewed two applicants for an opening on the CSE Board. Applicants must be residents of the town, own real property within the town, own a business in the town, or be employed within the town. The term of the new member shall be until December 31, 2007 to fill the term vacated by Robert Aikens who had to resign due to personal reasons. Members of the CSE shall serve at the will of Council. The CSE shall support Council's goals and objectives and makes decisions in alignment with Council's marketing direction. The mission of the CSE is to support street entertainment and special events for vitality, year-round fun, sense of community and increased quality of experience for guests and residents. The functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events ~ for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. The two applicants were Bobby Bank and Michelle Kobelan. Hitt moved to appoint Bobby Bank to the CSE with Newbury seconding. The motion passed unanimously, 6-0. 1 I The third item on the agenda was the Town Manager's Report. • Bighorn Park Update. Landscape Architect Gregg Barrie reported the Public Works Department has reopened the Bighorn Park playground as of June 18. The play area has been under construction since September. The redesigned play area includes artistic log "bloom" structures constructed of beetle-killed lodge pole pine trees. There are multiple slides and custom climbers as well as several "spinners". The renovation budget was $346,000. Bighorn Park is also the location for the Art in Public Places "Community Stone" project. The five foot boulder is engraved with the handprints of local children. The handprints were collected from schools and daycare centers throughout Vail in 2006.There will be an official dedication at the July 12 Bighorn Park Neighborhood Picnic. • Update on Loading and Delivery. Zemler emphasized the issue of loading and delivery is a town-wide policy and the decision to evolve to dispersed loading and delivery in Vail has been underway for several decades. The goal of the system is to provide a safe pedestrian environment for guests and employees and reduce noise and air pollution and the unsightliness of large delivery vehicles in the town's commercial core. This policy has resulted in the development of a coordinated loading and delivery network. One Willow Bridge, the Arrabelle at Vail Square, Vail Plaza Hotel & Club, Solaris and Vail's Front Door project all have shared public use delivery facilities built into them. With the completion or near completion of these projects, the time to develop an implementation plan has arrived, Zemler said. He then recommended forming a working group to assist in the development of an implementation strategy. The group would consist of: 2 Town Council members, 1 representative from the Vail Chamber & Business Association; 1 representative from the Vail Valley Partnership; 1 resident representative; 2 retail representatives; 2 restaurant representatives; 2 lodging representatives; and 2 delivery vendor representatives. The representatives would be selected by their respective peers. The group would then be charged with developing several options to be considered by Council. The options would include utilization of the new loading and delivery berths, consideration of costs and other impacts, and the identification of any equipment and or staffing needs. Council directed Zemler to move forward with next steps, which includes a community meeting at 1 p.m. June 26 in the Vail Town Council Chambers to continue the discussions. The fourth item on the agenda was a LionsHead Parking Structure Redevelopment Update. Zemler announced he had been in the process of hosting two days of comprehensive meetings with all parties involved in the LionsHead parking structure redevelopment negotiations. He said staff would return on July 17 (most likely in executive session) with an all-inclusive update. Council will also be provided with a draft redevelopment agreement. In regard to installation of the Seibert Circle fountain feature, Public Works Director Greg Hall reported the town continues to work with WET Design on a few remaining technical issues. The fifth item on the agenda was Vail Whitewater Park Recreational Enhancements. 2 Landscape Architect Gregg Barrie said that based on the Council recommendations from the June 5 work session, staff is requesting the following: 1. Approve a project budget of $ 376,000 for the construction of Alternative B AND 2. Authorize the Town Manager to enter into an agreement with Ted Siepel Construction, Inc. in an amount not to exceed $ 337,100 for the construction of the Vail Whitewater Park Enhancements During 2006, staff presented the concept of an adjustable Whitewater feature to Council. Each time the project was presented, design and pricing were discussed, and the question was asked whether to continue with the project. In August, Council overturned a PEC denial of the proposal. In March 2007, the town received three bids for the construction of the project. Working with the lowest bidder, staff developed four alternatives for Council consideration. The alternatives were presented at the June 5 work session. The recommendation from Council was to return at the next meeting for approval of Alternative B. Staff reported this is the only option for making any significant improvement to the Vail Whitewater Park. If Council is inclined to fund the project, staff recommended constructing Alternative B, increasing the project budget by $292,000 to a total of $376,000, and entering into a contract with Ted Siepel Construction, Inc. to construct the project. Moffet moved to approve the project with Newbury seconding. The motion passed unanimously, 6-0. The sixth item on the agenda was to discuss the proposed redevelopment of the Timber Ridge Employee Housing project, located at 1280 North Frontage Road with the Vail Town Council. Housing Coordinator Nina Timm and Zemler reiterated what had been discussed with Council on June 5 regarding the redevelopment of Timber Ridge. Council expressed general satisfaction with the proposed mix of 312 rental units and 167 for-sale units on the property. Council said it wished to encourage the developer to reconsider the unit sizes on the for-sale units and create more one- and two-bedroom for-sale units. Town Council did not believe the location and proposed density would appeal to families ~ in Eagle County. Timm emphasized the developer would perform further market research to ensure market demand exists. Recognizing Council has not closely studied the rental market, it was suggested a range of rental units from studios, one-, two-, three-, and four-bedroom units. There was unanimous agreement from the Council ~ members present that all units, for-sale and rental, should be deed restricted. There was not significant discussion regarding the type(s) of deed restrictions that should be put in place. The Vail Local Housing Authority (VLHA} suggested the town and the developer evaluate the viability of providing a land lease to the developer rather than Fee Title to the property. The town historically has had a policy of not selling land. The VLHA believes that over the long term this will benefit the town in multiple ways. When the term of the land tease expires the town will be involved in future uses of the housing. The town will have the ability to adapt to changing market forces. Additionally, if the courts take a more conservative view on long-term deed restrictions the town would not be at risk of losing the desired use of the property. The Council members present expressed a preference to see along-term land lease provided to the developer rather than sale of the property. There were no public comments following the discussion. The seventh item on the agenda was a Discussion of Council Out of Cycle Contribution Requests for 2007.Budget Manager Kathleen Halloran explained the purpose of the mid- year review is to provide an opportunity for organizations that have newly identified 3 . projects or unforeseen changes to their budgets to come forward all at the same time. Council evaluates the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the town's mission, and how this contribution will affect the resort community's future health. The town received four requests: A. Colorado Ski Museum The Ski Museum requested a total $142,000 cash contribution: $69,500 for interior display lighting renovations; $30,000 for a new interior exhibit design; $15,000 for a Denver International Airport (DIA) exhibit to be located in Concourse A; $18,000 to help fund the construction of an exterior building renovation; and $10,000 to help fund a Museum Theater Room. Staff recommended the Ski Museum approach the Vail Local Marketing District Advisory Council (VLMDAC) for the $15,000 of marketing/advertising for the DIA exhibit. Staff supported the exterior renovation request for $18,000, but recommended funding be conditional on the results of DRB requirements. Staff recommended the remaining items be included in a request for 2008 funding. B. Radio-Free Minturn Radio-Free Minturn requested a total of $5,000 cash contribution ($3,000 to install a local emergency alert system and $2,000 for operating support). Staff supported the funding request. The local emergency alert system will provide immediate notification of local emergencies through an interruption of station programming. The Town of Vail wrote a letter of support to Eagle County for this program on behalf of Radio-Free Minturn as well. Unfortunately, the County did not support the project. The request for operations support appears reasonable based on the Radio's financial outlook, according to a town staff evaluation. C. Vail Pioneer Reunion Vail Pioneer Reunion requested a cash contribution of $1,500 and an in-kind contribution of $3,500 for one day at Dobson (September 22). Any profit from the event will be donated to local charities. For example, the Pioneer Reunion held five years ago donated $8,000 to the Vail Memorial Park. Staff recommended the in-kind contributian, contingent upon availability at Dobson /approval from the Vail Recreation District. However, Vail Pioneer Reunion will be responsible for hard costs related to the event at Dobson. Staff does not recommend the cash contribution because as noted in the application, proceeds will go to local charities (the town has a process for contributing to charities). Staff is also concerned about setting a precedent regarding contributions to private events and/or groups convening in Vail. D. Vail Valley Foundation The Vail Valley Foundation requested $250,000 of funding to help cover a pledge shortfall of $2 million dollars related to the $10 million dollar reconstruction of the Gerald R. Ford Amphitheater in 2001. Staff recommended funding as requested from the Real Estate Transfer Tax Fund. The Town of Vail contributed $300,000 toward the $10 million dollar project at the time of reconstruction. if the current request is also funded, the town's total contribution to the reconstruction will represent only 5.5% of the overall total cost. Moffet moved to approve the staff recommendations with Hitt seconding. Gordon asked if there was a way to assist the Ski Museum with fundraising. Newbury encouraged the VLMDAC to approve the funding request. The motion passed unanimously, 6-0. ~ 4 The eighth item on the agenda was the first reading of Ordinance No. 17, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lots C1 - C5, Lions Ridge 1St Filing from Special Development District No. 10 (Timber Ridge Village Apartments) to Housing (H) district. Community Development Director George Ruther reported that on June 11, 2007, the PEC held a public hearing an the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission approved (7-0-0) a motion recommending approval of the rezoning request to Council. Moffet clarified the action represented the removal of "a whole bunch" of development restrictions and putting those into the hands of the PEC. Moffet then expressed concern over off-street parking requirements (they were too onerous). Moffet moved to approve the ordinance with Newbury seconding. Gordon recommended a convenience store be included in the project. The motion passed unanimously, 6-0. The ninth item on the agenda was the second reading of Ordinance No. 15, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 21, Buffehr Creek Subdivision, from Primary/Secondary (P!S) district to Low Density Multiple-family (LDMF) district. Warren Campbell stated that on May 14, 2007, the PEC held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission unanimously approved a motion recommending approval with a condition of the rezoning request to the Vail Town Council. Moffet moved to approve the ordinance with Gordon seconding. The motion passed unanimously, 6-0. The tenth item on the agenda was the second reading of Ordinance No. 16, Series 2007, An Ordinance to Prohibit the Possession, Sale or Use of Fireworks within the Town of Vail. Police Chief Dwight Henninger stated that pursuant to C.R.S. §12-28-107, the town is authorized to adopt an ordinance establishing prohibitions upon the sale, use, and possession of fireworks, including "permissible fireworks" as defined in C.R.S. § 12-28-101, within the corporate limits of the town. Ordinance No. 16 prohibits "fireworks" that are already currently prohibited by Colorado state statute and will allow the town to more effectively prosecute these types of violations in the Town of Vail Municipal Court. Moffet moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 6-0. The eleventh item on the agenda was Adjournment. Newbury moved to adjourn with Moffet seconding at approximately 7:03 p.m. The motion passed unanimously, 6-0. ~--~1,~ ~ ~ Rodney E. Slifer, Mayor ATTEST: p ~ ~ pF Vq,~ P p • - 's tbrelei onaldson, Town Clerk ~ ' a ~ ~ • • 4. CO~O~ s Minutes provided by Corey Swisher. I I i 6 1 Vail Town Council Evening Meeting Minutes Tuesday, July 3, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Kim Newbury Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Julie Hansen spoke in support of East Vail noise barriers. She then provided Council with 200 signed petitions that also supported noise barriers in the East Vail area. She then expressed concern that bear proof containers used to serve multi-dwellings are dangerous as the lids are too heavy. Hitt replied he had asked the Vail Daily to write a recent article on the difficulty of using bear resistant containers as currently designed. Roger Bloom spoke about a recent trip to St. Moritz, Switzerland, Vail's sister city, and encouraged Council to enhance/expand relations with them. He also presented a St. Moritz flag and historical photos from a past visit. The second item on the agenda was the Consent Agenda. • Approval of 06.05.07 & 06.19.07 Minutes. Moffet moved to approve the consent agenda with Foley seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report /Information Update Construction Update. Public Works Director Greg Hall reported Eagle River Water & Sanitation District would begin working on a project on Forest Road immediately after July 4th. "Vail Plaza Club will continue work on Vail Road...We'll be back in the fall with more construction." • Revenue Update Finance Director Judy Camp reported sales tax collections for the month of May are expected to be $527,088, up $77,805 or 17% from last year. Year-to-date collections through May are expected to be $10.3 million, up 6.2% from the same period last year. For comparison, inflation as measured by the consumer price index was up 2.7% in May compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $1.4 million, up 78% from the first half of last year. Year-to- date permit fees include $981,115 from major construction projects: the Arrabelte at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums and the Willows. Major projects accounted for approximately 71 % of the fees in 2007 and 67% in 2006. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date Rt i i collections through June 27, 2007, total $3.0 million compared with $2.7 million for the same time period last year, a 15% increase. Major redevelopment projects including Gore Creek Place, Forest Place, and One Willow Bridge Road contributed $545,400 or 18% of the total in 2007 while no major redevelopment projects closed in the first half of 2006. The fourth item on the agenda was the LionsHead Parking Structure Redevelopment Update. Town Manager Stan Zemler said he would return to Council with a draft development agreement on July 17 (to be discussed in executive session). He then emphasized a public meeting would be scheduled thereafter to ensure ample opportunity for citizen comment on the proposed development. The fourth item on the agenda was the CIRSA Safety Champion Award. Human Resources Director John Power reported the Colorado Risk Sharing Association (CIRSA) had recently named the town's safety program top in the state. The fifth item on the agenda was Matters from Mayor & Council. Farrow Hitt questioned the responsibility of landscape maintenance after a new home is constructed. Community Development Director George Ruther stated he would follow up on enforcement issues. Hitt then expressed concern that construction staging areas are not being adequately policed. "I would like to see more follow-up on construction staging zones." He also noted construction-related traffic backups on the interstate have been challenging for a lot of people in West Vail. Kevin Foley stated the Eagle County Transportation Authority Board had a meeting on June 21 at Donovan Pavilion and noted the windows in the building needed to be cleaned. He then suggested a fence surrounding the playground at Bighorn Park be constructed. Foley also noted there were recent parking issues at the athletic field off Vail Valley Drive during a volleyball tournament and the Next-Bus service has not been working satisfactorily. He finished his comments by questioning whether the Vail Recreation District Master Plan would have any immediate capital financing impacts on the town. Zemler responded that planning efforts were very preliminary. Mark Gordon announced he had recently attended an Eagle County elected officials breakfast. He said the group continues to work on acceptable land use legislation. "There is a common misconception that no one lives in Vail." He then said he had recently attended the annual Colorado Municipal League annual conference in Snowmass Village and found the sessions quite informational. Kent Logan asked when the next Vail 20/20 update would be provided. Zemler committed to providing an update on August 7. Community Information Officer Suzanne Silverthorn said a recently created forest health brochure would be mailed out to all Vail addresses in the near future and that a condensed version was being published as a full page ad in the Vail Daily throughout the week. Representing the Vail Village Homeowners Association, Jim Lamont asked that emergency evacuation information, specific to each Vail neighborhood, be provided to all Vail residents. The sixth item on the agenda was the Planning and Environmental Commission (PEC) /Design Review Board (DRB) Update. During a review of the most recent meetings of the PEC and DRB, Chief of Planning Warren Campbell answered questions regarding the latest proposals to go before the two boards. Slifer clarified the proposed Ever Vail development would be brought before Council in the near future. For more information, contact Campbell at 479-2148. --Update on Colorado Ski Museum funding request for DIA exhibit Economic Development Manager Kelli McDonald explained the Vail Local Marketing District Advisory Council would review a proposal from the Colorado Ski Museum for a sponsorship of the Denver International Airport exhibit and make a recommendation on funding at an August meeting. For details, contact McDonald at 479-2453. The seventh item on the agenda was the The Willows Public Art Obligation. Art in Public Places (AIPP) Coordinator Leslie Fordham reported The Willows, a Special Development District (SDD), has been required to mitigate the impact of development by providing public art within or close to their building. Council set the public art obligation at $70,000. The developer partially satisfied the requirement with a contribution to help fund a new fountain for Seibert Circle. This reduced the public art obligation to $50,000. Triumph Development believes the community would benefit if the remaining funds were used for an art series that would take place over the course of a year. Cultural arts organizations often offer lecture or film series. A Vail art series could include lectures about art, workshops, art exhibitions, demonstrations, films or an artist in residence program. AIPP would be responsible for developing and implementing the art series. To ensure the success of the program, Triumph Development will donate an additional $50,000 to AIPP for the art series. The program would be named the Triumph Art Series. AIPP board members were in favor of initiating a public art series and believe that use of funds for this purpose will provide a benefit equal to building public art on the development site. Newbury expressed concern noting the art obligation was intended to mitigate the actual Willows Building with the addition of public art. Gordon spoke in support of the proposal. Logan explained, "It's a practical problem...With $50,000 you can't buy much these days." Hitt asked how much artistic content $100,000 would buy. Fordham replied the AIPP board would research the issue and return with a recommendation maximizing the effectiveness of the funding. Slifer said, "Without a plan I would feel uncomfortable about making a decision tonight." Hitt moved to approve the request conditional upon AIPP's return request with Logan seconding. The motion passed 6-1, Newbury opposed. Funding remains subject to Council approval. The eighth item on the agenda was the first Reading of Ordinance No. 19. An Ordinance for the Vacation and Termination of Certain Existing Public Utility Easements within Lot 2, West Day Subdivision. As part of the approved project on Lot 2, West Day Subdivision, certain platted utility easements and utilities lying within Lot 2, are being replaced and/or reconfigured at other locations in connection with the West Day Development, and new easements have been granted or are in the process of being granted. Due to a predetermined conflict of interest (Vail Resorts affiliation) Slifer and Gordon recused themselves from the item. Moffet moved to approve the ordinance with Newbury seconding. Moffet asked when a comprehensive discussion would be had regarding all of the Vail Resorts projects. "I am concerned we have a lot going on and have serious concerns about approving this on second reading." Logan said, "I think this is in a sense a fair warning...The message is consistent and no one should be surprised (Vail Resorts was asked to provide a comprehensive overview of how it will meet its development obligations)." Representing Vail Resorts Development Company, Jay Peterson asked that this project be separated from the Ever Vail proposal. The motion passed unanimously, 5-0. The ninth item on the agenda was the Second reading of Ordinance No. 17, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lots C1 - C5, Lions Ridge 1~ Filing from Special Development District No. 10 (Timber Ridge Village Apartments) to Housing (H) district. Ruther explained that on June 11, 2007, the PEC held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission approved (7-0-0) a motion recommending approval of the rezoning request to the Vail Town Council. On June 19, 2007, Council approved Ordinance No. 17, Series of 2007, on first reading. In doing so, however,. the Town Council members asked staff to prepare a text amendment application to discuss the parking requirements in the housing zone district. Moffet moved to approve the ordinance with Gordon seconding. Moffet clarified parking leniency was available through this zone district. Foley urged caution that the development may require additional bus service. The motion passed unanimously, 7-0. The tenth item on the agenda was Resolution No. 14, Series 2007, A Resolution Approving the Purchase of Property in the Town of Vail, Legally Described as Vail East Lodging #7-U, Building #5 Eagle County, Colorado with a Physical Address of 4093 Spruce Way # 36, Vail, Colorado. Mire explained the Town of Vail purchased Vail East Lodging #36 on June 29, 2007. This unit will be used as a rental for employees of the Town of Vail. Town Council approved the supplemental appropriation for this purchase on May 1, 2007. Moffet moved to approve the resolution with Newbury seconding. Mire clarified the resolution was largely procedural. The motion passed unanimously, 6-0. Hitt was not in the room at the time of the vote. The eleventh item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding at approximately 7:00 p.m. The motion passed unanimously, 7-0. 'y.anYe _ bd, . o ~ ' ~ - l/ ';O ~ ~ ~ Rodney E. Slifer, Mayor 7: O~ ATTEST: ti;~ O1 Z orelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, July 17, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Kim Newbury Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Local resident Diva May, a new American citizen, encouraged Council to continue to battle the pine beetle infestation with whatever techniques are at the town's disposal. She also expressed concerns about the volume of air-pollution being created by construction vehicles and expressed her support for additional recycling efforts. Stephen Connelly shared an idea to improve efficiency in distributing town information. In the case of a recently produced forest health brochure, Connelly suggested sending a postcard notification to households with instructions on how the pamphlet could be downloaded from a web as well as information on requesting the pamphlet via mail, as opposed to a bulk mailing of the information to Vail households. Connelly said he was disappointed to see that numerous recipients of the mailing had thrown their copies in the trash at the Vail post office. Kaye Ferry of the Vail Chamber & Business Association questioned the town's closing of the Vail Village Visitor Information Center facility for a day earlier in the month to accommodate a roofing project. Ferry said the closure should not have taken place during the busy summer tourist season. She then expressed concern about the Rucksack building redevelopment possibly occurring during Thanksgiving and Christmas. The second item on the agenda was the Town Manager's Report. Stan Zemler reported there would be an intentional power disruption at Town Hall on July 18, between 10 a.m. and 1 p.m. The disruption is an effort to test the town's backup 1 electrical generation system that would power the 911 Call Center in the event of a natural disaster or other emergency. He then reported progress was taking place in organizing a process to involve the business community in developing options for a dispersed loading and delivery system in Vail Village. When asked how long the public input process would take, Zemler responded, "It will take as long as it needs to take...We'll take the time it takes to get it right." A 17-member working group has been formed to help develop options. Zemler said the group will hold its first organizational meeting from 11 a.m. to 1 p.m. July 19 in the Vail Transportation Center conference room next to the Visitor Information Center. The meeting is open to anyone interested in attending. Zemler then stated he was open to any suggestions residents/business owners might have in regard to the Fourth of July parade and its movement through the LionsHead area. He then apologized for any inconvenience created by Village Parking Structure re- roofing and commended the staff for recovering quickly by setting up an outdoor visitor information center near the Covered Bridge for the remainder of the closure. The third item on the agenda was the 2007 Community Survey Results. Community Information Officer Suzanne Silverthorn stated the town's biennial community survey had been conducted earlier this year in which a random sampling of 400 households received telephone calls during atwo-week period between March 26 and April 14. Responses were obtained from 300 year-round residents and 100 part-time residents. Chris Cares, from the research firm RRC Associates, presented the key findings. Respondents identified employee housing, development, protection of environmental resources, addressing the pine beetle infestation and providing adequate and safe parking for peak visitor periods as the top issues important to Vail's future. In addition, nearly twice as many people who were surveyed said the town is going in the "right direction" than those who said the town has "gotten off on the wrong track." Because the survey is comparable to previous efforts, it is possible to make direct comparisons from year to year to identify shifts and trends, according to Chris Cares. For example, respondents were asked to identify the "two biggest issues" facing the town. This year, housing was the most identified issue in an open-ended question, with 21 percent of overall respondents mentioning affordable or employee housing as one of the top two issues,, an increase from 10 percent of respondents who had mentioned it in 2005. The topic of "development" (which included "overbuilding" and "overcrowding") was the next most mentioned with 18 percent of responses, up from 7 percent in 2005. Parking was the next most mentioned this year at 13 percent, down from 21 percent in 2005. While both full-time and part-time residents identified housing as the top issue, there were differences of opinion throughout the response groups about what should be done to address the problem, Cares said. In general, most respondents said they supported direct action by the town to provide workforce housing. In contrast, when the survey was last fielded in 2005, parking had surfaced as the top priority and was identified by twice as many respondents as any other issue. Cares says the data suggest the perceptions of community issues can change from year to year. "This question elicits top-of-mind responses," said Cares. "It's not only what citizens are thinking about, but also what they're hearing and reading about. This year, with the heavy emphasis on housing issues by the Town Council and in the media, it was obvious that this topic was on peoples' minds." Similarly, the large amount of new development was clearly identified as an issue by a large segment of the community, 2 according to Cares. In addition to the open-ended question, the 2007 survey also asked respondents to evaluate a list of 10 topics important to Vail's future. In this case, "environmental protection" received the highest score with a rating of 4.3 on a 5.0 scale, with 5 being "extremely important." Next highest was the category of "addressing the pine beetle infestation" which received a 4.1 score, with most respondents, 71 percent, also suggesting the town place a high priority on "enforcement of requirements for private property owners to remove dead beetle-infested trees." As in previous surveys, parking also topped the priority list with a ranking of 4.0. The remainder of the prioritized issues and their rankings for 2007 are as follows: • Facilitating a range of workforce housing opportunities for those who work in Vail, 3.8 • Construction and/or maintenance of public infrastructure, 3.8 • Sustaining year-round tourism in Vail, 3.8 • Improving recreational facilities such as parks, trails and bike paths, 3.5 • Improving fire response times and firefighting capabilities, 3.4 • Improving various modes of transportation in and around Vail, 3.4 • Growth and development, 3.4 In this instance, housing was rated lower than in the open-ended response. According to Cares, this is, in part, because while housing was found to be important to many people (65 percent called it a 4 or 5 in importance) there is also a significant segment that gave it a relatively low importance ranking (18 percent rated it 1 or 2). Similar splits occurred in the "growth and development" category, according to Cares. This is in contrast to the environmental question where almost 82 percent called it "important/very important." In rating their satisfaction with a variety of municipal services with 5 being "very satisfied," the highest scores were given to the following categories: • Dependability of bus service, 4.4 • Courtesy and helpfulness of firefighters and fire prevention staff,4.4 • Parking availability during summer periods, 4.4 • Response times to basic medical emergencies and fires, 4.3 • Snow removal on roads, 4.3 • Overall feeling of safety and security, 4.3 • Frequency of the in-town shuttle, 4.3 The lowest score was given to parking availability during winter periods with a rating of 2.4. Satisfaction ratings with town staff, Town Council, DRB and PEC ranged from 3.5 to 2.7, showing slight declines from 2005. The survey results indicate that attitudes toward town government and the direction of the community are generally positive in 2007; however there were some notable declines from 2005, according to Cares. For example, when asked if the town is on the "right track," 58 percent responded favorably (down from 70 percent in 2005 but similar to the 57 percent obtained in 2003), with 30 percent saying "wrong track," up from 19 percent in 2005 and similar to the 28 percent rating in 2003. In a question first asked in 2005, respondents were asked, "Thinking about the vision for the new Vail, and all the improvements that are occurring, how would you describe your attitude?" In 2007, about 32 percent of respondents said they were "very excited" with 23 percent "not excited." This is in contrast to 2005 when 47 percent (almost half) were "very excited" and only ten percent "not excited." On a more positive note, of the respondents who indicated they were "very excited" about the vision for the new Vail, many cited the development and revitalization in the Village as a positive and important aspect to the town's future, Cares said. In evaluating the shifts in attitudes and 3 priorities this year, Cares said he noted a distinct pattern that can be explained largely by length of time respondents have lived in or owned property in Vail. Long-time residents who have lived in Vail for 15 years or longer, by and large, were generally more negative about the direction of Vail than those who have lived in or owned property in Vail fewer than five years. Additionally, as in past surveys, part-time residents continued to generally be more positive than full-time residents in virtually all categories of questions that involved ratings. "Clearly, Vail serves multiple stakeholder groups who have different wants and needs and their ratings reflect some of these differences," said Cares. The survey also measured "sense of community" in a question identical to past years. The results suggest that feelings about community have returned to the levels measured in 2003 with about 14 percent saying it has "improved." In 2007 more respondents said the sense of community has "gotten worse" (36 percent) than in 2005 (21 percent), with opinions once again similar to 2003. When asked to rank potential recreation facility improvements, respondents gave the highest priority to a recreation center/gymnasium/aquatics facility with a 3.4 score with 5 being "extremely important," followed by reconfiguration and renovation of Ford Park at 3.1. The list also included: • Dobson Ice Arena remodel and upgrade, 3.0 • Vail Golf Club Clubhouse remodel, 2.8 • Permanent skateboard park, 2.5 An Internet and mailback version of the phone survey was also made available to the public. It resulted in 59 responses which were tabulated and reported separately from the phone survey in order to maintain the direct comparability to past studies. Logan clarified the results were typical of a community experiencing redevelopment and growth issues. Gordon noted the survey results may have been a bit skewed by the large number of longer term residents who participated, due in part to the absence of a representative sample of newer residents. This may have been due to the growing use of cell phones by the newer residents. Only land lines are permitted to be solicited during telephone surveys. Cares and Silverthorn conceded that in the future different, polling methods would have to be utilized. Hitt said he believed some people may be dissatisfied with development because they haven't seen the finished version of many of projects going up around town. He encouraged people to run for Town Council in November and help the community continue to improve. The fourth item on the agenda was the First reading of Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices. Senior Planner Bill Gibson reported that on July 9, 2007, the PEC forwarded a recommendation of approval, with modifications, for amendments to the regulation of temporary business offices by a vote of 3-2-1 (Cleveland and Jewitt opposed, Pierce recused). Moffet moved to adopt the ordinance with Gordon seconding. Gordon clarified Vail Resorts would have to apply for a conditional use permit in order to maintain a business office in the LionsHead area. Representing Vail Mountain, Jay Peterson emphasized it was important to keep people working in town. Hitt expressed concern the proposed Ever Vail project would not be habitable for at least four years as that is where Vail Resorts would later be locating offices. Brian McCartney, vice president of mountain operations for Vail Mountain, said the request was an attempt to keep Vail Mountain employees employed in Vail. Peterson explained there was a sense of urgency about the 4 decision as Vail Mountain would have to search for adequate office space and renew leases if the ordinance was not approved. During a pause for public comment, Kaye Ferry of the Vail Chamber and Business Association expressed concern that a decision to approve the ordinance did not meet the town's policies and objectives. "This is very specifically handling a Vail Resorts problem...Things aren't the same now as they were when they were first allowed to have offices on the first floor." Kent Logan told the Vail Mountain representatives he thought there had been a lack of a forthcoming attitude on the part of Vail Resorts in regard to a lot of projects. The motion passed 5-2 with Logan and Newbury opposed. The fifth item on the agenda was the first reading of Ordinance No. 18, Series of 2007, an ordinance amending the prescribed zoning regulations, pursuant to Section 12-3-7, ' Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20. Chief Planner Warren Campbell reported that on June 11, 2007, the PEC held a public hearing on the request to amend the prescribed zoning regulations for the Hillside Residential District to increase allowable site coverage from 15% to 20%. Upon consideration of the request, the Commission approved a motion recommending approval of the text amendment to the Vail Town Council by a vote of 5-1-1(Cleveland opposed, Gunion recused). Campbell assured Council that building envelopes would not increase. Community Development Director George Ruther clarified, "We are only talking about changing the method in the way Gross Residential Floor Area (GRFA) is calculated." Moffet moved to table the item to August 21 with Newbury seconding. The motion passed unanimously, 7-0. The applicant was directed to explore options for adhering to the town's recently adopted inclusionary zoning requirements into their proposal. The sixth item on the agenda was the first reading of Ordinance No. 21, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District (SDD) No. 39, Crossroads. Warren Campbell reported that on June 25, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 75 to 77 dwelling units and to address several other minor changes, located at 141 and 143 Meadow Drive. Upon review of the request, the PEC voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval of the request to amend SDD No. 39, Crossroads, to Council. Moffet moved to approve the ordinance with Hitt seconding. It was clarified that no new space/GRFA was being created. Three surplus parking spaces will be lost however. The motion passed 6-1, with Foley opposed. The seventh item on the agenda was the second Reading of Ordinance No. 19. An Ordinance for the Vacation and Termination of Certain Existing Public Utility Easements within Lot 2, West Day Subdivision. As part of the approved project on Lot 2, West Day Subdivision, certain platted utility easements and utilities lying within Lot 2, are being replaced and/or reconfigured at other locations in connection with the West Day Development, and new easements have been granted or are in the process of being granted. Moffet moved to adopt with 5 Newbury seconding. The motion passed unanimously, 7-0. Representing Vail Resorts Development Company, Jay Peterson clarified where the easements were to be located. The motion passed unanimously, 7-0. The eighth item on the agenda was Adjournment. Moffet moved to adjourn with Foley seconding at approximately 8:15 p.m. The motion passed unanimously, 7-0. ~ {mil O F V '~~~7 C-~!X ,~0: • •••'9~l . - SEAL C Rodney E. Slifer, Mayor ATTEST: CO~~~~ ~ ~ ~ ~ Lorelei onaldson, Town Clerk Minutes provided by Corey Swisher. 6 Vail Town Council Evening Meeting Minutes Tuesday, August 7, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Kim Newbury Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Alan Kosloff spoke in support of continuing the construction of the new Seibert Circle fountain. Xavier Velasquez asked Council to be allowed to repair his roof as he was having difficulty matching materials used by his duplex neighbor three years past. Ruther stated this type of situation was anticipated when the class-A roof assembly ordinance was adopted earlier in the year. Cody White, Ed Davis and Jordy Coffee presented Council with a team photo as a token of gratitude for the town's continuing support of the Battle Mountain Hockey Team. The second item on the agenda was the Consent Agenda. • Approval of 07.03.07 and 07.17.07 Minutes. Moffet moved to approve the consent agenda without amendments with Foley seconding. Hitt recommended one change in regard to a motion and a second made on July 3. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. • Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of June are expected to be $948,007, up $142,645 or 18% from last year. Year-to-date collections 1 through June are expected to be $11.3 million, up 7.4% from the same period last year. For comparison, inflation as measured by the consumer price index was up 2.7% in June compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to- date construction permit fees of $1.9 million, up 80% from the same period last year. Year-to-date permit fees include $1.4 million from major construction projects: the Arrabelle at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Major projects were up approximately $680,000 or 87% over last year while non-major projects were up $181,000 or 61 Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date RETT collections through July 2007, total $3.6 million compared with $3.2 million for the same time period last year, a 12% increase. Major redevelopment projects including Gore Creek Place, Forest Place, and One Willow Bridge Road contributed $609,300, or 17% of the total in 2007 while only $276,500, or 9% of the total in 2006 consisted of major redevelopment projects. The third item on the agenda was a Vail Mountain Master Plan Update and Discussion. Representing Vail Mountain, Tom Allender explained how Vail Resorts had developed a zoning map for the front side and back side of the mountain. He then updated Council on Vail Resorts' plans to improve the capital infrastructure on the mountain. "Different uses are appropriate on different parts of the mountain...ln the next five to eight years the Vista Bahn will likely be upgraded...We are trying to take advantage of opportunities to disperse skiers." He also discussed possibly extending the Golden Peak race venue, enhanced snowmaking, improvements to chair five, as well as a new 500 seat fine dining restaurant west of the top of chair five. He stated there would not be a request to increase the maximum allowable number of skiers on the mountain, which is currently set at 19,900. He then reminded the audience, "The Master Plan is a roadmap...lt is not a set in concrete plan." Vail Resorts representative Dominic Mauriello reported Vail Resorts has applied for a conditional use permit to add a lift in West LionsHead. The fourth item on the agenda was a Vail 20/20 Strategic Plan Update. Planner Rachel Fried explained on January 17, 2006, Council approved a scope of work that included soliciting a facilitator to garner community participation and a consultant to assist town staff in drafting a vision and community plan. In February 2006, the town selected Design Workshop as the facilitator and consultant for this project. Beginning in March 2006, staff met with various stakeholders in the community who provided valuable insight into the process, including the Eagle River Water and Sanitation District, participants in the Vail Tomorrow process and the Vail Village Homeowners Association. The Vail 20/20 process officially began with a meeting of institutional stakeholders on Aug. 3, 2006 at Donovan Pavilion. The stakeholders provided input regarding individual organizational goals, as well as town and regional issues, which concern their organization. On Aug. 22 and 24, 2006 two community workshops were held at Donovan Pavilion to discuss Vail's existing values and Vail's vision for the future with members of the community. On Sept. 19, 2006, staff presented draft values and vision statements to the Town Council and provided an update on the Vail 20/20 process. Town Council provided comments on the drafts and instructed staff to proceed with the Vail 20/20 Strategic Plan process. On Dec. 5, 2006, the Council approved a draft set of goals and instructed staff to use those goals as the basis for the Vail 20/20 Strategic Plan. Since 2 December 2006, staff has been drafting the plan based on public and staff input. The next Vail 20/20 open house will be held Thursday, Aug. 16 at Donovan Pavilion from 5 to 7 p.m. to give the community an opportunity to review and provide input on the proposed document. A final draft of the document will be presented to the Council no later than its October 16 meeting for final review and adoption. Logan complimented Friede for her work on the project. He then suggested shortening the document and removing the 2007 community survey results from the appendix. Zemler then acknowledged Jamie Wilson and Suzanne Silverthorn for their efforts on the project, as well. The fifth item on the agenda was a Discussion of Seibert Circle. Public Works Director Greg Hall reported construction documents for the Seibert Circle water/fire feature were received from WET Design on June 29, 2007. These documents provided the final detail and specifications to the contractors for the construction of the feature. This was the contractor's first opportunity to review and price a complete set of construction documents on the project. Based on the construction documents provided to the contractors, the cost of construction has increased from $421,311 to $607,876. Staff is suggesting a contingency amount of $27,500 due to the complexity of the work. Overall, the total projected budget for construction completion has increased from $675,000 to $875,000. Newbury clarified the total cost of the project including funding from outside sources (Vail Resorts, private donations) would be $1.7 million dollars. She then asked why the Vail Resorts contribution was not as large as originally thought to be. "I do not think this is a good use of taxpayer funds...) think this is a debacle and is embarrassing." Moffet moved to approve the project as presented with Gordon seconding. Bill Jensen, Chief Operating Officer for Vail Mountain, said his company is working on a substantial piece of public art that is to be placed at the Front Door project. Hitt asked Jensen if Vail Resorts would be willing to make an additional financial . contribution to the Seibert Circle project. Jensen said he would investigate available resources. Hall clarified there are contingencies in the town's streetscape capital improvement budget that would be used to make up for the additional costs. The motion passed 5-2, with Newbury and Foley opposed. The sixth item on the agenda was the approval of the Purchase of Six Hybrid Electric Buses from Gillig Corporation. Public Works Director Greg Hall and Fleet Manager Todd Scholl informed Council the town has acquired permission to purchase six additional 40' low floor hybrid buses from the San Joaquin Regional Transit District. This is the same group from whom the town ordered its second low floor hybrid in June of 2007. Their contract has an "options" clause that allows the purchase of additional coaches which they can allow other transit agencies to participate in. The price for each coach is $515,771, the same price the town received in June for a total contract price for the six buses of $3,094,626. The town has secured one Federal Transportation Authority (FTA) grant (2007) of approx. $432,600 for a net cost to the town of $2,662,026. The six buses that are being replaced are 1996 model years and are the original in-town low floor Neoplan buses. The FTA's minimum life expectancy is 12 years for a bus. These buses will bring the number of in-town hybrid buses up to eight with two more scheduled for replacement in 2011. The delivery of the buses and the expenditure is one year from the contract signing. FTA grant funding FY 2008, 2009, and 2010 has been identified by the town for a transit center. The town is expecting somewhere close to $5.6 million over the three year period. Moffet moved to approve the purchase with Newbury seconding. The motion passed 3 unanimously, 7-0. Gordon clarified a hybrid bus cost $200,000 more than a conventional diesel bus. Gordon then moved to use $200,000 from the Real Estate Transfer Tax (RETT) Fund to make up the cost difference for each bus. Zemler said," We continue to act like the RETT Fund is robust...We do have a modest reserve built up, and you would be using this reserve to fund this...l'm not saying do or don't do it." Council agreed the idea of alternative funding of the buses using RETT dollars would take place in upcoming budget discussions. Gordon withdrew his motion. The seventh item on the agenda was the Purchase Replacement Parking Structure Gate and Fee Equipment, and Software. Public Works Director Greg Hall reported the parking equipment in the two garages was purchased in 1998. This is only the gate and ticket equipment and not the pay and display equipment. Parking equipment in general in Vail has lasted typically 7-9 years. An eight year replacement would be 2006. The town had anticipated the replacement of the LionsHead parking equipment with the redevelopment of the conference center site. Since this vote failed, staff then saw a possibility of the replacement of the outdated equipment with the completion of the potential redevelopment of the LionsHead parking structure, which is currently being negotiated. Over the past year, however, two things have become apparent. The final completion of the LionsHead structure is further off than was originally anticipated and this past winter season there were significantly more breakdowns than the winter prior. The breakdowns were of the magnitude where exit lanes were eliminated for weeks on end waiting for parts and service calls. Currently the parking equipment is budgeted in the capital budget in 2009. Staff has solicited quotes for replacement. Five proposals were received. A selection committee comprised of parking, finance and IT personnel was formed and the various venders were interviewed and the proposals were rated. Input was also obtained from Open Hospitality's (potential LionsHead redeveloper) parking consultant. It is staffs recommendation to move ahead the 2009 capital expenditure to 2007 and award the parking equipment contract to DGO/Federal APD for $390,348. Awarding the contract in August allows for installation and testing to be completed before the winter season. The contract allows the connection of two outlying lots (Ford Park and Soccer Field) to be connected to the main control computer. Credit card batching will be significantly updated and be performed on one computer line verses eight. The paper passes will be replaced with cards with micro chips and proximity readers. Vail Resorts is testing limited micro chip passes this year and in the future both passes could be integrated. If the equipment replacement is delayed until 2009, the town will experience an increase in the operating budget over the next two years of $25,000-$40,000 each year. The amount of time equipment is down could be weeks like this last winter verses a day or two A final factor is when the LionsHead structure is to be finished in 2013, it will be time for another replacement of parking equipment which the developer currently has in his budget. Moffet moved to approve the purchase with Gordon seconding. Gordon clarified the purchase would allow the town to increase guest service in the parking structures as more and more people are using credit/debit cards to pay for parking. The motion passed unanimously, 7-0. The eighth item on the agenda was the Request to Proceed through the Development Review Process, re: Vail Valley Foundation. 4 The applicant, Vail Valley Foundation, represented by Morter Architects, is requesting to proceed through the development review process with a proposal to construct an orchestra pit on town-owned land at the Gerald R. Ford Amphitheater located within Ford Park. Senior Planner Bill Gibson explained to Council it was the desire of the applicant to apply for a design review application to allow for construction of an orchestra pit at the Gerald R. Ford Amphitheater. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the town's development review process. Moffet moved to approve the request to proceed through development review process with Newbury seconding. Slifer clarified no seats would be lost. The motion passed unanimously, 7-0. The ninth item on the agenda was the Request to Proceed through the Development Review Process, re: 201 Gore Creek Drive. The applicant, Herman Staufer, is requesting to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Gore Creek Drive Right-of--Way. Senior Planner Bill Gibson reported to Council it was the desire of the applicant, Herman Staufer, to apply for an exterior alteration application and a design review application to allow for the construction of two new bay windows at the Pano Jewelry tenant space in the Bell Tower Building at 201 Gore Creek Drive. The proposed bay windows will encroach into the Gore Creek Drive Right-of-Way owned by the Town of Vail. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. Moffet moved to approve the request to proceed through the development review process with Newbury seconding. The motion passed unanimously, 7-0. The tenth item on the agenda was a Request to Proceed through the Development Review Process, 82 West Meadow Drive. The applicant, Becky Zyman, is requesting to proceed through the development review process with a proposal to construct improvements on Town of Vail owned Tract B, Vail Lionshead Filing 2. Senior Planner Bill Gibson announced it was the desire of the applicant to apply for a design review application to allow for landscape improvements on a Town of Vail owned Gore Creek stream tract (Tract B, Vail Lionshead Filing 2) adjacent to their residence at 82 West Meadow Drive. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the town's development review process. Moffet moved to grant permission to proceed with the proviso staff keep Council alert of the process of the project with Hitt seconding. Hitt asked Gibson to return with an update on the progress of remediating projects undertaken on the town's stream tract right of way. The motion passed unanimously, 7-0. The eleventh item on the agenda was a Discussion of Use Tax on Construction Materials. Finance Director Judy Camp reported a construction use tax has been identified as a potential new revenue source to help fund the town's ongoing capital improvements needs, such as construction of a West Vail fire station, neighborhood street improvements, repairs to public buildings and acquisition of workforce housing. During a budget discussion with the Town Council last month, Camp presented the construction use tax as one of several revenue options. The Council also expressed interest in establishing a construction mitigation fee as well as increases in the town's construction permit fees to help offset ongoing costs associated with Vail's redevelopment. In 5 preparation for future discussions, the Council has authorized completion of a nexus study that will be used to independently document what the town is spending on construction mitigation activities, such as traffic control, construction management and related communications. The nexus study will be used to develop a proposed fee amount. In directing the town attorney to prepare a resolution setting a construction use tax for the November election, Council members noted their interest in inviting a community dialogue about the pros and cons of such a tax. The deadline for setting a potential tax question is Aug. 21. Currently no tax is collected on building and construction material for projects of any size within Vail. Had a four percent tax been in place, the town would have generated an estimated $2 million in 2005; $4 million in 2006; and $7 million in 2007, according to the town's calculations. A use tax could be collected at the time a building permit is issued based upon 50 percent of the project's valuation, according to Camp. A construction use tax is a common source of revenue to Colorado municipalities and is collected focally in Eagle and Gypsum following voter approval in 1998 and 1995, respectively. Moffet said, "I like the idea of exempting work force housing." He then made a motion to move forward with a resolution placing the construction use tax on the November ballot, with Hitt seconding. Gordon questioned pushing the issue and encouraged more analysis. "I think we should approach this a little more cautiously than we are." Logan emphasized there is a significant shortfall in the town's capital project budget and a more comprehensive approach should be considered. During public comment, Michael Cacioppo asked if exempting affordable housing projects from the tax would be unconstitutional. Estaquio Cortina asked for the initiative to be fair. Representing Vail Resorts Development Company, Keith Fernandez asked if this action would be double taxation. Representing the Vail Village Homeowners Association, Jim Lamont noted an interest in exhausting all forms of Tax Increment Financing methods before bringing a tax question to voters. Representing Vail Resorts, Bob Stozick asked for more thought to be put into the ballot language. "Costs for building on the Front Range are different than they are in the mountains...We need to better analyze the ratios being used." Representing Peter Knobel, Dominic Mauriello encouraged using a Tax Increment Financing (TiF) District to generate improvements in the Solaris area. The motion passed 4-3 with Gordon, Newbury and Logan opposed. The resolution will be considered at Council's Aug. 21 meeting. The twelfth item on the agenda was a Second reading of Ordinance No. 21, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District (SDD) No. 39, Crossroads. On June 25, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 75 to 77 dwelling units and to address several other minor changes, located at 141 and 143 Meadow Drive. Upon review of the request, the PEC voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval of the request to amend SDD No. 39, Crossroads, to the Vail Town Council. On July 17, 2007, the Vail Town Council approved Ordinance No. 21, Series of 2007, upon first reading by a vote of 6-1-0 (Foley opposed). Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 6-1, with Foley opposed. The thirteenth item on the agenda was the Second reading of Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices. 6 On July 17, 2007, the Vail Town Council approved Ordinance No. 22, Series of 2007, on first reading, with modifications, by a vote of 5-2 (Newberry and Logan opposed). The Council's modifications to include text limiting an extension of a temporary business office conditional use permit approval to three years has been integrated into the attached ordinance. Moffet moved to adopt the ordinance with Gordon seconding. Zemler said the town-owned and former Vail Valley Partnership office space had not been easily rented. "Due to that, the town will now try to rent the space as retail." Bill Jensen, Chief Operating Officer for Vail Mountain said letters of intent have been drafted for all the retail space in the Arrabelle at Vail Square. Logan said, "We don't have a more important employer than Vail Resorts. During a pause for public comment, Paul Rondeau asked for a more comprehensive discussion regarding the issue and asked for a better decision making process. "I think there is an image problem...) think there has been a process problem." Due to a family emergency, Newbury had to leave the Chambers. LionsHead business owner Bill Jewitt said LionsHead businesses have suffered due to construction. "The question isn't really about do we lose a little bit of incremental sales tax today...lt's really about horizontal zoning." The motion passed unanimously, 5-0. The fourteenth item on the agenda was Resolution No. 15, Series 2007, A Resolution Approving the Purchase of Land in the Town of Vail, Commonly Known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and Legally Described as Parcel A, a Resubdivision of Tract D, a Resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle County, Colorado. On November 21, 2006, Council passed Resolution No. 22, series 2006, a Resolution authorizing the acquisition of the Wendy's parcel through negotiation or condemnation, if necessary. Through negotiations, the parties have agreed to a purchase price of Two Million Dollars ($2,000,000.00). Resolution No. 15 is necessary to complete the purchase of the above mentioned property. Hitt moved to approve the resolution with Foley seconding. Foley mentioned the site might be a great place to park cars during the busy ski season. The motion passed unanimously, 6-0. For details, contact Matt Mire at 479-2460. The fifteenth item on the agenda was Resolution No. 16, Series 2007, A Resolution Adopting the Amendment to Protective Covenants of Vail/Lionshead, Second Filing, Eagle County, Colorado. Moffet moved approve the resolution with Gordon seconding. The motion passed unanimously, 6-0. The sixteenth item on the agenda was Resolution No. 17, Series 2007, A Resolution Authorizing the Town of Vail to Enter Into An Intergovernmental Agreement with the State of Colorado to Prepare a Transportation Master• Plan and Access Management Plan for the I-70 Vail Frontage Road in Vail, Colorado. The Town of Vail has undertaken a revision of the Master Transportation Plan. Specifically, the need is to update the traffic operation characteristics that are being anticipated from the various development and master plan proposals that are currently being discussed. The town, through previous studies of the 1990 Master Transportation Study, the Lionshead Transportation Study and the 2002 Transportation Master Plan update, anticipated a certain amount of additional traffic generated by development. It 7 became obvious that the previous projections would be surpassed if all the projected development was built. The town and CDOT jointly undertook the study to update the traffic projections, understand the impacts of the additional trips and what measures may be necessary and acceptable to mitigate the impacts. CDOT has agreed to cover the entire cost of the study in the amount of $24,000. Moffet moved to approve the resolution with Gordon seconding. The motion passed unanimously, 6-0. For details, contact Greg Hall at 479-2160. The seventeenth item on the agenda was Resolution No. 18, Series 2007, A Resolution Adopting the Town of Vail, Colorado Grievance Procedure Under the Americans with Disability Act. The US Department of Justice audited the Town of Vail for compliance with Title II of the Americans with Disabilities Act (ADA) as part of Project Civic Access, an initiative designed to improve access to local government programs and facilities for persons with disabilities. Under an August 2004 Agreement between the USDOJ and the Town of Vail, one of the requirements is to adopt the attached Grievance Procedure, publish the procedure, and post it on the home page of the Town's website. Moffet moved to adopt the resolution with Gordon seconding. The motion passed unanimously, 6-0. The eighteenth item on the agenda was Adjournment. Moffet moved adjourn with Logan seconding at approximately 8:15 p.m. The motion passed unanimously, 6-0. . l~ O: • f- ; t 1 ~ V ' S~~ Rodney E. Slifer, Mayor ATTEST: ~ •.•'t~ COLD V "`~1 a orel i Donaldson, Town Clerk Minutes provided by Corey Swisher. 8 Vail Town Council Evening Meeting Minutes Tuesday, August 21, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Not Present: Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Vail Recreation District Executive Director Mike Ortiz introduced Vail Golf Course Superintendent Steve Sarro. Sarro was recently presented the Colorado Golf Association Person of the Year Award. This honor was attributed to Sarro's efforts in rebuilding golf courses damaged in Louisiana during Hurricane Katrina. Vail Mountain Chief Operating Officer Bill Jensen announced Vail Resorts had agreed to increase its financial contribution to the Seibert Circle fountain by $25,000, bringing the company's total contribution to $225,000. The second item on the agenda was the Town Manager's Report. Vail 20/20 Update. Town Manger Stan Zemler announced an update would be provided to Council on September 4. Loading & Delivery Update. Zemler said the cumulative minutes of a recent loading and delivery meeting had been distributed to Council and the public. "We will begin to present some thought-out options in September." Construction Update. 1 Public Works Director Greg Hall reported a significant amount of construction would be impacting Vail Road this fall. "We should have it overlaid by ski season." Paver repair will occur on the west end of Meadow Drive after the Harvest Festival. Community Development Director George Ruther explained life safety issues were being addressed at the LionsHead Center building. The homeowners association was required to supply adequate indoor and outdoor fire suppression and control measures. The third item on the agenda was Resolution No. 19, Series of 2007, a resolution submitting to the registered electors of the Town of Vail, Colorado, at a regular municipal election held on November 6, 2007, a ballot issue concerning the adoption of a use tax to finance capital projects and acquisitions. Moffet moved to adopt the resolution and add the inclusion of a rebate or exemption on materials used to construct workforce housing with Hitt seconding. Former Vail Mayor Bob Armour spoke in support of the construction. use tax. "The town needs a new revenue source and new construction must help carry the load." Representing Vail Resorts, Bob Stozek asked for more time to research the issue. Speaking as a resident, Bill Jensen noted the community is benefiting from an array of public benefits associated with new development and the Real Estate Transfer Tax (RETT) has been viewed historically as a substitute for taxes on construction. Jensen suggested asking voters instead to expand the use of RETT rather than create a new tax. Representing the town's Economic Advisory Council, Rob Levine spoke in support of the tax. "Diversity of revenue streams is something I think we are all sensitive to...At the very least, present it to the voters, and let the voters decide." Town Attorney Matt Mire added a letter to the record from the Vail Board of Realtors. The board objected to the use tax. Brian Gillette said the tax would only increase the price of property in Vail and make housing less affordable. Logan stated, "I think it (construction use tax) could be part of the solution, but not the whole solution...l'm glad we have raised the awareness that we have a significant shortfall in our capital budget over the next several years...l don't think the timing could be worse for this (in regard to a national economic downturn)...We need to think of this as part of a package." Gordon said, "I think this is a great time to take a chance and let the war of ideas come out. I am in favor of putting this construction use tax on the ballot." Moffet stressed the only way to increase the amount of employee housing in the town is through the use of the law. "This issue is not a complex tax, go to Eagle, go to Gypsum." (Both communities utilize a construction use tax.) The motion passed 4-2, with Logan and Foley opposed. The fourth item on the agenda was Katsos Ranch Trail Improvements. Landscape Architect Gregg Barrie asked Council to authorize the Town Manager to enter into an agreement with B & B Excavating, Inc., in an amount not to exceed $741,258.60 for the Katsos Ranch Trail Improvements Project. The Gore Valley Trail through the Katsos Ranch open space was originally constructed by town crews in the mid 1980s. Since then, only minor repairs have been made to the two mile long path. Many sections are in disrepair due to unstable sub-grades, deteriorating pavement and areas that tend to flood during spring runoff. The Katsos Ranch Trail improvements project includes grading, drainage, and alignment work, as well as an asphalt paving overlay along the full length of the path. The construction is scheduled to occur September 4~' into November. Moffet moved to approve the request with Foley seconding. Both gentlemen stressed that minimizing impact to pedestrian and cycling 2 traffic should be paramount as the project is undertaken. The motion passed unanimously, 6-0. Moffet then asked for periodic updates on construction progress. The fifth item on the agenda was the Wren Association, is requesting permission to proceed with an encroachment agreement with the Town of Vail to allow the construction of a portion of a retaining wall on Town of Vail property. Earlier in the day Council visited the site in order to assess the proposal. It is the desire of the applicant to replace an existing retaining wall that encroaches onto the Town of Vail owned unplatted Ford Park adjacent to The Wren. An encroachment agreement was not formally obtained for the original retaining wall. The applicant has received design review approval with the condition that it obtain an encroachment agreement with the Town of Vail. The Community Development Department recommended Council approve the applicant's request to proceed with an encroachment agreement. Moffet moved to approve the request with Foley seconding. The motion passed unanimously, 6-0. Ruther ensured Council the Community Development Department would do its best to protect the existing foliage. For more information, contact Rachel Friede at 479-2440. The sixth item on the agenda was a request for New Master Planning Process for Chamonix and Wendy's Properties. The Community Development Department Staff is requesting review of a draft Request for Proposal (RFP), the purpose of which is to hire the services of a planning team (Consultant) to work with the Town of Vail to develop a master plan and site plan alternatives for the combined Chamonix and Wendy's properties (the "Chamonix Site) Town Planner Scot Hunn reported in October 2002, the town acquired a 3.6 acre parcel of land (the "Chamonix" property) in West Vail for $2.6 million. In 2004, the town engaged in master planning of this site to identify uses and alternative site designs for a fire station as well as employee housing as primary uses. A master plan for this site was adopted via Ordinance No. 17, Series 2005. No further action has been taken relative to development of this site. However, the town has recently entered into a contract to purchase the adjacent 1.25 acre "Wendy's" property, which is believed to be a better location for a fire station (and additional/potential co-uses), further preserving the majority of the adjacent Chamonix site for residential (workforce housing) and other potential mixed development. The proposed RFP represents the first step in an effort by staff to commence master planning of the combined Chamonix site. Hunn clarified the proposed timetable was fairly aggressive, starting with the award of contract in early October, 2007, and terminating with a preferred master plan and site design in March, 2008. Ruther then made clear the potential for employee housing to co-exist with a fire station would be possible. Hunn stated that Staff believed that a new master plan process, to include the combined Chamonix Site, would allow the Town and citizens to identify any new ideas or concerns with regard to layout and design of the project; that Staff is recommending a "fresh" approach to master planning the combined site while respecting and taking into consideration previous master planning efforts and neighborhood input. Moffet moved to approve the request with Gordon seconding. Gordon said this is a great opportunity for a green, mixed-used development. "I think we need some fresh ideas with an integrated approach." Hunn stated $27,000 was remaining from FY 2007 budget monies for West Vail master planning and that $100,000 had been budgeted for FY 2008 for continued strategic planning projects, including those in West Vail. The motion passed 5-1, with Hitt opposed. 3 The seventh item on the agenda was the First Reading of Ordinance No. 24, Series of 2007 an ordinance making supplemental appropriations to the Town of Vail ~ General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Health Insurance Fund of the 2007 Budget for the Town of Vail, Colorado: and authorizing the expenditures of said appropriations as set forth herein. Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 5-1, with Foley opposed. The seventh item on the agenda was the First reading of Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-66-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a conditional use to a permitted use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts. On August 13, 2007, the PEC forwarded a recommendation of approval for the proposed amendments by a vote of 6-0-O.The Community Development Department recommends that the Vail Town Council approves Ordinance No. 25, Series of 2007, on first reading. There have not been any negative or non-intended uses. An applicant can build a third dwelling unit on a parcel as long as it is deed restricted. Hitt clarified the unit must be attached. Moffet moved to adopt the ordinance with Foley seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was the First reading of Ordinance No. 26, Series of 2007, an ordinance approving the sale of the deed restricted property in the Town of Vail legally described as Vail Heights Condominium Unit # 11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail, Colorado. Town Attorney Matt Mire explained that on May 29, 2007, the town bought Vail Heights Unit #11 for $280,000. It is aone-bedroom, one-bathroom unit in West Vail. The purpose of purchasing the unit was to add inventory to the town's housing stock for its employees. The town will sell the unit to a mechanic in the town's Public Works Department at the end of August, 2007, at a deed restricted price of $174,500. Moffet moved to adopt the ordinance with Foley seconding. During a pause for public comment, Kaye Ferry said she believed all employees within the town should be eligible for such housing. Stephen Connolly spoke in support of the ordinance. The motion passed unanimously, 6-0. The ninth item on the agenda was the First Reading of Ordinance No. 18, Series of 2007, an ordinance amending the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%. On June 11, 2007, the PEC held a public hearing on the request to amend the prescribed zoning regulations for the Hillside Residential District to increase allowable site coverage from 15% to 20%. Upon consideration of the request, the Commission approved a motion recommending approval of the text amendment to the Vail Town Council by a vote of 5-1-1(Cleveland opposed, Gunion recused). On July 17, 2007, the Town Council unanimously tabled this item after providing feedback. Dave Kasak with Zehren and Associates asked for a modest increase of Gross Residential Floor Area and 4 site coverage. Logan moved to approve the ordinance with Hitt seconding. The motion failed 4-2, with Logan and Slifer voting for the ordinance. The tenth item on the agenda was Adjournment. Moffet moved to adjourn with Foley seconding at approximately 7:45 p.m. The motion passed unanimously, 6-0. F vA~~•. o ~ . y ~ ; Rodney E. Slifer, Mayor ATTEST: G / A Lorele Donaldson, Town Clerk Minutes provided by Corey Swisher. 5 Vaii Town Council Evening Meeting Minutes Tuesday, September 4, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was the Consent Agenda. • Approval of 08.07.07 and 08.21.07 Council Minutes. Moffet moved to approve the minutes with Gordon seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. • Amplified Sound Ordinance Update. Police Chief Dwight Henninger reported since the noise ordinance was amended on May 15, 2007, the Vail Police Department has had six noise complaints. Henninger also took the opportunity to present Councilman Mark Gordon with an emergency preparedness "B. Ready" journal as part of a statewide awareness campaign. • Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of July are expected to be $1.3 million, flat with Jufy, 2006. Year-to-date collections of $12.6 million through July, however, continue to exceed last year's year-to-date by 6.7%. For comparison, inflation as measured by the consumer price index, was up 2.4% in July compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date 1 construction permit fees of $2.1 million, up 7Q% from the same period last year. Year-to- date permit fees include $1.5 million from major construction projects: the Arrabelle at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Major projects were up approximately $685,000 or 81 % over last year while non-major projects were up $200,000 or 41 Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date RETT collections through August 27, 2007, total $4.1 million compared with $3.8 million for the same time period last year, an 8% increase. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail and One Willow Bridge Road contributed $828,026 or 20% of the total in 2007 while only $464,500 or 12% of the total in 2006 consisted of major redevelopment projects. • LionsHead Parking Structure Update. Zemler reported work on an agreement to redevelop the structure had been taking place and he hoped to have a new draft agreement ready to release to the public later in the week, to be followed by a community meeting on September 10. • Construction Update. Public Works Director Greg Hall reported work would soon begin on the Gore Creek Whitewater Park improvements and Seibert Circle fountain. Construction will also be taking place on the streamwalk between Vail Village and Ford Park as well as the Katsos Ranch and Vail Cascade recreation path. "Solaris contractors are in the process of obtaining permits to do storm sewer work...There will also be significant work taking place on the LionsHead streetscape...There will also be lots of flagging and construction staging throughout the town." Logan asked what the condition of the Vista Bahn ski yard would be when ski season began. Hall responded the area will be cleared and snowmaking will allow for a pleasant atmosphere. He then clarified Seibert Circle should be finished by mid-November. Addressing the 2008 I-70 repaving and glare screen project, Hall announced the paving work would begin after Labor Day and the glare screen work would be done at night. Community Development Director George Ruther stated his department continued to plan for an abundance of Temporary Certificate of Occupancy (TCO) requests (increased inspections) prior to the holiday season, He then noted the Vail Plaza hotel should be opening "very shortly.° • Economic Vitality Study. Economic Development Manager Kelli McDonald asked Council to approval a request for an economic vitality study, which would include a background analysis and evaluation of Vail's current retail offerings, benchmark other resorts, analyze retail trends, and evaluate the region's competitive influences. Representing the Vail Chamber and Business Association, Kaye Ferry spoke in support of the retail study but she didn't think people would pay attention to the results. "It's not necessary and the wrong way to go." Representing the Vail Village Homeowners Association, Jim Lamont said the study should expand to be more global. Moffet and Newberry expressed concern the study was only repeating prior studies. Council agreed to not pursue the study. 2 The fourth item on the agenda was the Vail 20120 Strategic Plan Update- Public Input and Publication Options. Planner Rachel Friede reported that on August 7, 2007, staff presented Council with a draft of the Vail 20/20 Strategic Plan. Staff then held a public open house on August 16, 2007 at Donovan Pavilion, and has been collecting public input via email and the town website. Additionally, staff has been working with Visible Strategies to explore the possibility of a web-based publication for the plan, in addition to creating a printed brochure that summarizes the outcomes of the plan. Visible Strategies has created a test website for the publication that was presented to the Town Council. Friede then presented a "walk-through" of the beta version of the site. Council spoke highly of the product. Friede clarified the cost of maintaining the site would be approximately $1,000 per month. Zemler said this tool would allow for a reduction in printed material. The fifth item on the agenda was the First reading of Ordinance 27, Series of 2007, an ordinance amending Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards. On August 27, 2007, the PEC unanimously forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments identified in Ordinance No. 27, Series of 2007. Moffet moved to approve with Hitt seconding. Foley clarified foliage requirements would be maintained and staff would only recommend the minimum amount of site disturbance. "Trees come out only if it is absolutely necessary far trees to come out." The motion passed unanimously, 7-0. The sixth item on the agenda was the First reading of Ordinance 28, Series of 2007, an ordinance amending Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards. On August 27, 2007, the PEC unanimously forwarded a recommendation of approval with modifications to the Vail Town Council for the proposed text amendments identified in Ordinance No. 28, Series of 2007. The changes make the town come into compliance with FEMA standards. Moffet moved to adopt the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was the Second Reading of Ordinance No. 24, Series of 2007 an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Health Insurance Fund of the 2007 Budget for the Town of Vail, Colorado. Budget and Financial Reporting Manager Kathleen Halloran reported the only change between the first and second reading was the addition of an increased contribution of $25,000 to the Seibert Circle project by Vail Resorts. Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 5-2, with Foley and Newbury opposed. The eighth item on the agenda was the Second reading of Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-66-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12- 6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a 3 conditional use to a permitted use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts. On August 13, 2007, the PEC forwarded a recommendation of approval for the proposed amendments by a vote of 6-0-0. On August 21, 2007, the Vail Town Council approved the first reading of Ordinance No. 25, Series of 2007, by a vote of 6-0-0. Moffet moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was the Sale of 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H to Town of Vail employees. The Town of Vail, as an employer, recognizes that recruiting and retaining employees is becoming mare challenging. A key benefit to recruit and retain employees is housing. The Town of Vail provides certain municipal services that are critical to the overall functionality of the entire town and if there is not adequate housing the town will not be able to provide critical municipal services. As stated in the minutes of the May 15, 2007, Town Council Meeting, Town Council unanimously agreed to purchase 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H so "the unit(s) be included in the Town's employee housing stock." The units have been designated for "critical employees" who include: Firefighters, Police Officers, Dispatchers, Mechanics, Plow Operators, Building Maintenance Specialists, and Public Safety Systems Engineers. Two administrative actions were requested of Town Council: 1. A motion directing the Town Manager to amend the Town of Vail Master Deed Restriction for the two units mentioned above only. To require the listing of the unit upon no longer being employed by the Town of Vail in a form approved by the Town Attorney. As proposed, the amendment will require an owner of one of the above units to list the unit for sale with the Town of Vail within a specific period of time based on their length of employment with the Town of Vail and their length of ownership of the deed restricted unit. More specifically, as proposed, the subject owner would be required to list the unit in a time period equaling no greater than thirty (30) days for every year the owner has owned the unit and has been employed with the Town. Moffet moved to approve the first request of Item #10, Evening Session Meeting of the Vail Town Council on September 4, 2007, with Logan seconding. Kaye Ferry asked for clarification on the amount of time the employee could remain in a unit if he/she was not employed by the town. Mire responded, "The individual would be able to remain in the unit one month for every year employed by the town." The motion passed unanimously, 7-0. 2. A motion directing town staff to develop a policy for housing employees of the town of Vail. Staff recommends maintaining two separate employee housing programs. The Town of Vail, as an employer, needs an employee housing program and the Town of Vail, as a government, needs a community wide employee housing plan. Recognizing that these two programs will be funded from the same pool of funds it will be important to fund each program separately. Moffet moved to approve the second request of Item #10, Evening Session Meeting of the Vail Town Council on September 4, 2007 with Logan seconding. 4 The tenth item on the agenda was the Second reading of Ordinance No. 26, Series of 2007, an ordinance approving the sale of the deed restricted property in the Town of Vail legally described as Vail Heights Condominium Unit # 11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail, Colorado. On May 29, 2007, the Town of Vail bought Vail Heights Unit #11 for $280,000. The unit is a one-bedroom, one-bathroom unit in West Vail. The purpose of purchasing the unit was to add inventory to the town's housing stock for its employees. This ordinance authorized a critical town employee to purchase the unit. Moffet moved to adopt the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding at approximately 7:02 p.m. The motion passed unanimously, 7-0. 7 SEAL 's Rodney E. Slifer, Mayor ATTEST: ~~i oRP°o tX-~ L`6relei Donaldson, Town Clerk Minutes provided by Corey Swisher. 5 Vail Town Council Evening Meeting Minutes Tuesday, September 4, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was the Consent Agenda. • Approval of 08.07.07 and 08.21.07 Council Minutes. Moffet moved to approve the minutes with Gordon seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. • Amplified Sound Ordinance Update. Police Chief Dwight Henninger reported since the noise ordinance was amended on May 15, 2007, the Vail Police Department has had six noise complaints. Henninger also took the opportunity to present Councilman Mark Gordon with an emergency preparedness "B. Ready' journal as part of a statewide awareness campaign. • Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of July are expected to be $1.3 million, flat with July, 2006. Year-to-date collections of $12.6 million through July, however, continue to exceed last year's year-to-date by 6.7%. For comparison, inflation as measured by the consumer price index, was up 2.4% in July compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date 1 construction permit fees of $2.1 million, up 70% from the same period last year. Year-to- date permit fees include $1.5 million from major construction projects: the Arrabelle at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Major projects were up approximately $685,000 or 81 % over last year while non-major projects were up $200,000 or 41%. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date Rt i i collections through August 27, 2007, total $4.1 million compared with $3.8 million for the same time period last year, an 8% increase. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail and One Willow Bridge Road contributed $828,026 or 20% of the total in 2007 while only $464,500 or 12% of the total in 2006 consisted of major redevelopment projects. • LionsHead Parking Structure Update. Zemler reported work on an agreement to redevelop the structure had been taking place and he hoped to have a new draft agreement ready to release to the public later in the week, to be followed by a community meeting on September 10. • Construction Update. Public Works Director Greg Hall reported work would soon begin on the Gore Creek Whitewater Park improvements and Seibert Circle fountain. Construction will also be taking place on the streamwalk between Vail Village and Ford Park as well as the Katsos Ranch and Vail Cascade recreation path. "Solaris contractors are in the process of obtaining permits to do storm sewer work...There will also be significant work taking place on the LionsHead streetscape...There will also be lots of flagging and construction staging throughout the town." Logan asked what the condition of the Vista Bahn ski yard would be when ski season began. Hall responded the area will be cleared and snowmaking will allow for a pleasant atmosphere. He then clarified Seibert Circle should be finished by mid-November. Addressing the 2008 I-70 repaving and glare screen project, Hall announced the paving work would begin after Labor Day and the glare screen work would be done at night. Community Development Director George Ruther stated his department continued to plan for an abundance of Temporary Certificate of Occupancy (TCO) requests (increased inspections) prior to the holiday season. He then noted the Vail Plaza hotel should be opening "very shortly." • Economic Vitality Study. Economic Development Manager Kelli McDonald asked Council to approval a request for an economic vitality study, which would include a background analysis and evaluation of Vail's current retail offerings, benchmark other resorts, analyze retail trends, and evaluate the region's competitive influences. Representing the Vail Chamber and Business Association, Kaye Ferry spoke in support of the retail study but she didn't think people would pay attention to the results. "It's not necessary and the wrong way to go." Representing the Vail Village Homeowners Association, Jim Lamont said the study should expand to be more global. Moffet and Newberry expressed concern the study was only repeating prior studies. Council agreed to not pursue the study. 2 The fourth item on the agenda was the Vail 20/20 Strategic Plan Update- Public Input and Publication Options. Planner Rachel Friede reported that on August 7, 2007, staff presented Council with a draft of the Vail 20/20 Strategic Plan. Staff then held a public open house on August 16, 2007 at Donovan Pavilion, and has been collecting public input via email and the town website. Additionally, staff has been working with Visible Strategies to explore the possibility of a web-based publication for the plan, in addition to creating a printed brochure that summarizes the outcomes of the plan. Visible Strategies has created a test website for the publication that was presented to the Town Council. Friede then presented a "walk-through" of the beta version of the site. Council spoke highly of the product. Friede clarified the cost of maintaining the site would be approximately $1,000 per month. Zemler said this too! would allow for a reduction in printed material. The fifth item on the agenda was the First reading of Ordinance 27, Series of 2007, an ordinance amending Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards. On August 27, 2007, the PEC unanimously forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments identified in Ordinance No. 27, Series of 2007. Moffet moved to approve with Hitt seconding. Foley clarified foliage requirements would be maintained and staff would only recommend the minimum amount of site disturbance. `Trees come out only if it is absolutely necessary for trees to come out." The motion passed unanimously, 7-0. The sixth item on the agenda was the First reading of Ordinance 28, Series of 2007, an ordinance amending Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards. On August 27, 2007, the PEC unanimously forwarded a recommendation of approval with modifications to the Vail Town Council for the proposed text amendments identified in Ordinance No. 28, Series of 2007. The changes make the town come into compliance with FEMA standards. Moffet moved to adopt the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was the Second Reading of Ordinance No. 24, Series of 2007 an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Health Insurance Fund of the 2007 Budget for the Town of Vail, Colorado. Budget and Financial Reporting Manager Kathleen Halloran reported the only change between the first and second reading was the addition of an increased contribution of $25,000 to the Seibert Circle project by Vail Resorts. Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 5-2, with Foley and Newbury opposed. The eighth item on the agenda was the Second reading of Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-6B-2, 12-66-3, 12-6C-2, 12-6C-3, 12-6D-2, 12- 6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a 3 conditional use to a permitted use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts. On August 13, 2007, the PEC forwarded a recommendation of approval for the proposed amendments by a vote of 6-0-0. On August 21, 2007, the Vail Town Council approved the first reading of Ordinance No. 25, Series of 2007, by a vote of 6-0-0. Moffet moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was the Sale of 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H to Town of Vail employees. The Town of Vail, as an employer, recognizes that recruiting and retaining employees is becoming more challenging. A key benefit to recruit and retain employees is housing. The Town of Vail provides certain municipal services that are critical to the overall functionality of the entire town and if there is not adequate housing the town will not be able to provide critical municipal services. As stated in the minutes of the May 15, 2007, Town Council Meeting, Town Council unanimously agreed to purchase 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H so "the unit(s) be included in the Town's employee housing stock" The units have been designated for "critical employees" who include: Firefighters, Police Officers, Dispatchers, Mechanics, Plow Operators, Building Maintenance Specialists, and Public Safety Systems Engineers. Two administrative actions were requested of Town Council: 1. A motion directing the Town Manager to amend the Town of Vail Master Deed Restriction for the two units mentioned above only. To require the listing of the unit upon no longer being employed by the Town of Vail in a form approved by the Town Attorney. As proposed, the amendment will require an owner of one of the above units to list the unit for sale with the Town of Vail within a specific period of time based on their length of employment with the Town of Vail and their length of ownership of the deed restricted unit. More specifically, as proposed, the subject owner would be required to list the unit in a time period equaling no greater than thirty (30) days for every year the owner has owned the unit and has been employed with the Town. Moffet moved to approve the first request of Item #10, Evening Session Meeting of the Vail Town Council on September 4, 2007, with Logan seconding. Kaye Ferry asked for clarification on the amount of time the employee could remain in a unit if he/she was not employed by the town. Mire responded, `?he individual would be able to remain in the unit one month for every year employed by the town." The motion passed unanimously, 7-0. 2. A motion directing town staff to develop a policy for housing employees of the town of Vail. Staff recommends maintaining two separate employee housing programs. The Town of Vail, as an employer, needs an employee housing program and the Town of Vail, as a government, needs a community wide employee housing plan. Recognizing that these two programs will be funded from the same pool of funds it will be important to fund each program separately. Moffet moved to approve the second request of Item #10, Evening Session Meeting of the Vail Town Council on September 4, 2007 with Logan seconding. 4 The tenth item on the agenda was the Second reading of Ordinance No. 26, Series of 2007, an ordinance approving the sale of the deed restricted property in the Town of Vail legally described as Vail Heights Condominium Unit # 11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail, Colorado. On May 29, 2007, the Town of Vail bought Vail Heights Unit #11 for $280,000. The unit is a one-bedroom, one-bathroom unit in West Vail. The purpose of purchasing the unit was to add inventory to the town's housing stock for its employees. This ordinance authorized a critical town employee to purchase the unit. Moffet moved to adopt the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding at approximately 7:02 p.m. The motion passed unanimously, 7-0. ~ / Rodney E. Slifer, Mayar • SEAL ATTEST; ~ c~~ OF2A~0 L elei Donaldson, Town Clerk Minutes provided by Corey Swisher. 5 Vail Town Council Special Meeting Minutes Tuesday, September 18, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Mark Gordon Farrow Hitt, Mayor Pro-Tem Kevin Foley Kim Newbury Kent Logan Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Bill Jewitt asked Council to call for the review of a liquor license approved for the Arrabelle at Vail Square, noting potential difficulties in communicating boundary areas to guests. Town Attorney Matt Mire explained the issue had been discussed during the Local Liquor Licensing Authority meeting and Council had no authority to call up the decision. Hitt then asked if Vail Village could be licensed as a whole, similar to the circumstances occurring during the Oktoberfest event. Mire explained a single entity would need to be physically responsible for the licensed area. Logan then thanked Bill Jewitt for his longtime participation on Town Council and various town boards. Due to health reasons, Jewitt has resigned from the Planning and Environmental Commission and will move to Florida. Jewitt then received an ovation from the crowd. East Vail homeowner Steve Tovoso asked Council for help resolving a party wall agreement. Council directed staff to contact the gentlemen and offer any information available. The second item on the agenda was a Planning and Environmental Commission (PEC) Board Vacancy Appointment. There was one vacancy for the PEC and the Town Clerk's office received one letter of interest. Council was asked to appoint one member to the PEC to complete the term vacated by Bill Jewitt, which ends March 31, 2009. Moffet moved to appoint Scott Proper to the PEC with Newbury seconding. The motion passed unanimously, 7-0. Proper had been interviewed by Council earlier in the day. The third item on the agenda was the Town Manager's Report. • Construction Update. Public Works Director Greg Hall provided atown-wide construction update. "Work on the pedestrian trail at Katsos continues to take place...The Vail Plaza Hotel is working on getting a landscape easement from CDOT...Paving on the Vail Road chute should be taking place over next few days...There will be a three-day closure of Vail Road from Meadow Drive over the next few days...The Four Seasons will begin landscaping in front of the Main Vaif Roundabout in the next few weeks...Streetscape will continue in LionsHead...The Ritz-Carlton has finished building their Frontage Road access...The Cascade bike path will be closed through the first week of October...Additional paving around the roundabouts will take place as fall progresses." • Vail 20/20 Strategic Plan Update. Planner Rachel Friede reported aweb-site developed by Visual Strategies meant to complement the Vail 20/20 visioning process would be too cost prohibitive to implement. Friede said it would cost $15,000 for a one time start-up fee. It was initially estimated to cost much less. Therefore, the town will proceed with other publication options for the 20/20 project. The fourth item on the agenda was a Parking Policy and Rates Approval. Public Works Director Greg Hall reported the parking policy objectives used in years past were reviewed by the Parking Task Force. The parking plan policy objectives are: • Service Core Markets. • Skiers, shoppers, employees. • Manage the yield. • Simplify the Product. • Design project so it is revenue neutral. • Increase Safety. In addition, the Parking Task Force works with the following guidelines: • Strongly encourage the use of transit. • Recover transit enhancements costs through parking. • Parking cost increases will be borne by parking. • Encourage turnover of shopper parking spaces. • Have the rate of the shopper parking track closer to rates in the structure. • Raise the top rate to offset continued increased cost of operation. • Encourage carpooling. • Pass prices reflect a relative value received based on the daily rate (ie season cost is based on 21 week at five times per week at daily rate). • Strictly enforce parking violations. The parking task force recommended the following changes to the parking policies for the 2007-2008 season as follows: - Rates and parking passes are proposed to adjust per the attached rate structure. Last year the only pass with an increase was the Gold Pass. Some pass prices have not been raised in the past five years. - Expand the use of the "free peak period areas" in West Vail during the 17 day holiday peak period from Friday, Saturday and Sunday to include all days during the peak period (12/21 - 01/06). - In recognition of significant increases in demand during the early season FOR THIS YEAR ONLY ('07-'08), allow the North Frontage Road in West Vail "free peak period area" to be used seven days a week up to the beginning of the holiday peak period (12/21). - Restrict the construction passes to the LionsHead Structure Monday through Thursday. New for this year - Do not allow entry to Ford Park or the Soccer Field parking area on peak days. - Recommend an increase in the maximum parking violation from $26 to an amount closer to twice the maximum parking rate, e.g. 2 X $18 = $36 or to mirror shopper violations ($50). - If the town acquires the former Wendy's property, allow pass parking in that lot. - Enhance the shoulder of the North Frontage Road area between Wendy's and the Chamonix bus stop by leveling and providing an asphalt milling surface. - Consider Donovan Park for the early season only. - Provide enhanced transit service in the early season and during peak periods for the Wendy's lot and North Frontage Road West Vail shoulder parking. - Enhance the summer parking management of the structures during peak periods (three additional seasonal positions have been included in the '08 budget). -This will be the last year current debit card holders can add value to cards without reapplying and verifying pass use criteria is met. In the '08-'09 season, require reverification of those wishing to purchase debit cards. - Cone off 50+ spaces in the Village Structure during peak times. Release their use in the 9:30 A.M. time period to allow for some employees/guests to have a chance at these parking spaces. Hitt clarified a hanging placard will still be required to park in the Ford Park lot and the proposed reverification of debit card process will be publicly noticed. Moffet expressed concern that construction workers (as they arrive early in the morning) will obtain prime parking and Vail's target guest market will not be served. He then encouraged higher parking rates during peak ski times. He also emphasized, "By reducing vehicles on Friday and Saturday we can increase safety." Transit Manager Mike Rose stressed parking enforcement would be enhanced in the upcoming ski season. Hitt then encouraged enforcing length requirements on vehicles. During the citizen comment period, Randy Guerrero asked if parking at the Roost was possible. Hall responded the former hotel may be open again soon. Guerrero then asked who was able to purchase a value parking pass. He then questioned recent parking increases as they appeared to happen more frequently. Vail Village business owner Rob DeLuca said Village businesses suffered worse from parking restrictions (as their employees required parking during certain times). He expressed concern that a Gold parking pass ($2,100) was the only option for business owners to provide parking for their employees. "We have no realistic way to park." Representing the Vail Chamber & Business Association, Kaye Ferry joined DeLuca in asking for a pass intended to serve the local business community. Moffet supported the idea as a pilot program. Village business owner Becky Magoon asked for parking availability closer to village businesses as loading and delivery was inconvenient. Moffet moved and seconded by Gordon for preliminary adoption of the Parking Task Force recommendations with addition review by the Council of daily parking rates and the pilot merchant pass program at an upcoming meeting. Hall confirmed the Parking Task Force would reconvene and provide additional recommendations prior to the 07-08 ski season. Newbury suggested creation of the pilot merchant pass program for businesses that have no alternative parking. Foley and Newbury expressed concern that shopper parking rates are too low. The motion passed 6-1, with Foley opposed. The fifth item on the agenda was Resolution No. 23 Series 2007, a Resolution Approving the Development Agreement between the Town of Vail and Open Hospitality/Hillwood Capital Partners, Dated as of September 6, 2007. After nearly six months of negotiation, the town and aTexas-based development group, Open Hospitality/Hillwood Capital Partners, dba OHP Vail One, LLC ("OHP") have completed a proposed Development Improvement Agreement (the "Agreement') (DIA) for redevelopment of the LionsHead parking structure. The negotiation described above was preceded by a year-long competitive review process which included redevelopment proposals submitted by two developers, and resulted in the selection of OHP by the Council. Town staff and consultants, along with representatives from OHP, held a community meeting on September 6, 2007, to review with the public the details of the agreement. Following the background information, Gordon clarified the town would not be responsible for any operating deficits associated with the planned conference center. The operation of the conference center will be the responsibility of a metropolitan district. Representing OHP, Mark Masinter said he believed negotiations had been equitable. He then ensured Council that OHP was requesting flexibility, only due to unforeseen circumstances (i.e., labor shortage, terror attack, monetary crisis). When discussing potential delays, Masinter said, "It would have to just be something horrible for the project to stop...We are already going to be $40-50 million into this project." Representing the Vail Chamber & Business Association, Kaye Ferry stated, "I will always be opposed to the sale of Town of Vail land." She then spoke in opposition to spending additional dollars on a conference center as the community had voted against a conference center in 2005. Town legal representative Malcolm Murray clarified any amendments to the agreement would require formal action from the Town Council. Tom Steinberg clarified 1,450 public parking places would be replacing the 1,150 that currently exist. He then encouraged any private parking spaces included in the project be available to the public when not occupied. Masinter explained that private parking would be managed through a valet program. Steinberg then spoke of a fixed-rail system to help defer the need for additional parking in the long term. Rick Silverman questioned the financial responsibility of OHP with regard to the proposed conference center. Representing Starwood Hotels & Resorts, George Boone announced both hotel brands (W & St. Regis) were excited to be involved in the proposed development. Michael Cacioppo questioned the ability to build a conference center for the proposed $14 million amount. In response to another question by Cacioppo, Hitt stated Vail Resorts holds a deed restriction on the property. Therefore, Vail Resorts now has "a say" in the determination of the use of the property. Logan stated, `This single project is the most important project in terms of making the most progress this town has consistently identified as its two highest priorities, parking and employee housing." Logan encouraged Council to move forward with the development agreement and categorically reject the recent housing proposal from Vail Resorts. "It is my fondest hope they (Vail Resorts) choose to work with Mark Masinter to redevelop Timber Ridge." It was then discussed that the Temporary Certificate of Occupancy (TCO) on the Arrabelle at Vail Square was contingent upon Vail Resorts' meeting contractual employee housing requirements. Moffet moved to adopt Resolution No. 23, Series of 2007 with the changes encompassed in the supplemental document provided. In addition, the motion added additional clarification to the document and included a request by the developer to allow one year of unilateral flexibility within the project timeline. Michael Cacioppo questioned whether Slifer and Gordon were able to vote due to a partner/employer relationship with Vail Resorts. Murray stated the two were eligible to vote. Bill Jewitt asked that the agreement refer to a West LionsHead location for a third parking structure development. Reid Weily qualified where Vail Resorts was able to provide their employee housing (LionsHead area or area designated acceptable by the Planning Commission). Foley reminded the audience the Ever Vail project has no town approvals. Hitt said, "I believe this project is premature...But the agreement gives the developer a chance to tie up some loose ends." Slifer expressed concern over the construction disruption that would occur in LionsHead. The motion passed 6-1, with Foley opposed. Newbury left the meeting. The sixth item on the agenda was the First Reading of the 2008 Budget Ordinance No. 29, Series 2007. During the ,afternoon work session, Council made no amendments to Ordinance 29, series 2007 for the 2008 Budget. However, the following comments were provided: Greg Moffet and Mark Gordon requested a presentation from Vail Valley Community TV Channel 5 for the October 2 meeting regarding services and the franchise fee they receive from the town. Moffet also suggested that Council be included in the review of the Donovan Pavilion Management fee structure. Farrow Hitt asked about property tax revenue projections and concerns about the possibility of a limit placed on taxes by the state. Judy Camp clarified the town has legally "de-Bruced" and is not limited in collection of property tax. She also explained the property tax revenue budget is based on the County Assessor's assessed value, but discounted to account for taxpayer appeals. Regarding the recent funding request for the Teva Mountain Games, the Council supported the event, and agreed the funding request should go through the Commission on Special Events. During the evening meeting, Kathleen Halloran presented the General Fund with net revenue over expenditure of $96,531 and an ending fund balance of $14.8 million (50% of revenue). Council direction is to have a 35% ratio during this period of redevelopment. Regarding Council Contributions, Farrow Hitt inquired about getting more prevalent advertising for the Town of Vail as a sponsor of the Birds of Prey event (produced by the Vail Valley Foundation). He also requested confirmation of Vail Resort's matching contribution to the Vail Chamber & Business Association for the Premier Impressions program. Halloran agreed to provide this for the October 2 meeting, and 2nd reading of the 2008 Budget. Moffet moved to approve the ordinance with Hitt seconding. The motion passed 5-1, Foley opposed. Foley stated he was dissatisfied with the percentage of the budget spent on salaries and benefits. Zemler responded, "We ask every department to qualify every aspect of what they do." The seventh item on the agenda was Ordinance No. 30, Series of 2007, An Ordinance Amending Title 1, Chapter 5, Section 8, "Compensation" of the Town Code. Moffet moved to approve the ordinance with Gordon seconding. The motion passed 5-1, with Foley opposed. Mire stated according to Town Charter, Council Members are not to benefit from increased compensation brought about by their own vote. Subsequently, Hitt and Gordon (both with two years remaining on their terms) are not eligible to receive a salary increase during their current terms. Gordon and Hitt both said they supported the vote because they wanted individuals with economic diversity on Town Council. The ordinance increases council compensation from $500 per month to $625 per month and retains the salary for mayor at $1,000 per month, effective January 1, 1998. The eighth item on the agenda was the Second reading of Ordinance No. 27, Series of 2007, an ordinance amending Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards. On August 27, 2007, the PEC unanimously forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments identified in Ordinance No. 27, Series of 2007. On September 4, 2007, the Vail Town Council unanimously voted to approve Ordinance No. 27, Series of 2007 on first reading. Moffet moved to adopt the ordinance with Foley seconding. The motion passed unanimously, 6-0. For details, contact Warren Campbell at 479-2148. The ninth item on the agenda was the Second reading of Ordinance No. 28, Series of 2007, an ordinance amending Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards. On August 27, 2007, the PEC unanimously forwarded a recommendation of approval with modifications to the Vail Town Council for the proposed text amendments identified in Ordinance No. 28, Series of 2007. On September 4, 2007, the Vail Town Council unanimously voted to approve Ordinance No. 28, Series of 2007 on first reading. Moffet moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 6-0. The tenth item on the agenda was a request by Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned East Meadow Drive Right-of-Way. It is the desire of the applicant to apply for a design review application to allow for the construction of a portion of a set of stairs to access the southwest corner of the Solaris development adjacent to the future bus stop along this portion of East Meadow Drive. The proposed stairs are proposed to encroach approximately three (3) feet into the right-of-way for a distance of approximately 14 feet and one and a half (1.5) feet for a distance of approximately 13 feet, for a total of approximately 62 square feet of improvements within the East Meadow Drive Right-of-Way owned by the town. The applicant must first obtain Council (i.e. property owner) approval before proceeding through the town's development review process. Moffet moved to approve the applicant request to proceed through the development review process. The motion passed unanimously, 6-0. The eleventh item on the agenda was Resolution 22, Series of 2007, a resolution to adopt the Solaris Parking Management Plan, pursuant to the requirements of the Crossroads Development Agreement dated March 22, 2006, and setting forth details On March 22, 2006, Council agreed to the Crossroads Development Agreement which addressed the many public aspects of the Solaris project. One of those aspects was the management of the 81 excess parking spaces in the subterranean garage which are a portion of the public benefit to offset the deviations that were approved. The Crossroads Development Agreement required the applicant return to Council for review and approval of the parking management plan prior to submitting for a building permit. Moffet clarified there will public parking available at an undetermined cost. Moffet then moved to table the resolution until October 2 with Foley seconding. Representing the applicant, Dominic Mauriello stated, "There is incentive for the operator of the parking structure to operate the structure at maximum capacity." Applicant representative Sharon Puczynski opened herself up for questions from Council. Moffet told the applicant the documents provided were more technical, and did not spell out an actual management rationale (how the garage would actually work on a busy Saturday). Slifer and Moffet also asked for potential parking pricing options. The motion to table passed unanimously, 6-0. The twelfth item on the agenda was a Solaris Request for Town Council Approval of Public Art. AIPP Coordinator Leslie Fordham reported the Development Agreement dated 25 July 2006 required the applicant to provide at least $1.1 million in Public Art. Public Art must be located in plain-sight where it can be enjoyed by the public. Installation of the artwork is scheduled for the final construction phase of the project. The Solaris Metro District will be responsible maintenance of the public art. The AIPP board reviewed the site plan, artist's resume, narrative description of the artwork, an itemized budget, site models and material samples. Subsequently, the AIPP Board concluded the applicant complied with the town's requirements and recommended Council approval of the Public Art. Project artist Lawrence Argent said he believed it was his goal to make the whole plaza a "work of art." Moffet moved to approve the project with Logan seconding. The motion passed unanimously, 6-0. The thirteenth item on the agenda was Adjournment. Moffet moved to adjourn with Hitt seconding at approximately 10:00 p.m. The motion passed unanimously, 6-0. ~pW N'O~L ':9 s~ C~•. Rodney E. Slifer, Mayor ~M:• ATTES~: -~A Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, October 2, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Mark Gordon Farrow Hitt, Mayor Pro-Tem Kevin Foley Kim Newbury Not present: Kent Logan Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was an Eagle County School District (RE50J) Update. RE50J Communications Director Brooke Skjonsby announced several newly hired school district officials, including Interim RE50J Superintendent John Pacheco, who explained he would be helping the district on a temporary basis until a new superintendent could be hired. He will also help the new superintendent transition into the position. He then thanked local residents for supporting a recent bond election. "Our students are learning and our teachers are teaching...Second language learners are continuing to pose challenges but progress is being continuously made." Moffet thanked Pacheco for coming before Council. Moffet then suggested the Red Sandstone Elementary School become a K-12 college preparatory school. The third item on the agenda was a Northwest Colorado Council of Governments (NWCCOG) Update. NWCCOG Executive Director Gary Severson explained the organization is a voluntary association of county and municipal governments who individually and collectively believe that working together on a regional basis provides benefits that could not be obtained without the association. "We can do more working together than we can do separately...We leverage dollars to make us players on a regional stage." Today, NWCCOG serves 28 memberjurisdictions in afive-county region including the cities of Glenwood Springs, Steamboat Springs and Carbondale; Eagle County and the towns of 1 Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff and Vail; Grand County and the towns of Fraser, Granby, Grand Lake, Hot Sulphur Springs, Kremmling and Winter Park; Jackson County and the Town of Walden; Pitkin County and the City of Aspen; and Summit County and the towns of Breckenridge, Dillon, Frisco, Montezuma, and Silverthorne. NWCCOG assists the town on various issues. Those issues are addressed through a series of departments: • Water Quality and Quantity Committee (QQ) • NW Revolving Loan Fund • i-70 Mountain Transportation Coalition • Energy Management and Conservation • Watershed Services • Alpine Area Agency on Aging • NW All Hazards Emergency Management Region • NWCCOG Foundation Severson then discussed NWCCOG's involvement with pine beetle mitigation. Zemler thanked Severson for his efforts during the developmental stages of the I-70 Coalition. "Gary's efforts during the first year of the coalition were invaluable." The fourth item on the agenda was the Consent Agenda. • Approval of 09.04.07 & 09.18.07 Minutes. Moffet moved to approve the minutes with Foley seconding. The motion passed unanimously, 6-0. The fifth item on the agenda was the Town Manager's Report. • Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of August are expected to be $1.2 million, up 12% from August, 2006. Year-to-date collections of $13.8 million through August continue to exceed last year's year-to-date by 7%. For comparison, inflation as measured by the consumer price index was up 2.0% in August compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $2.3 million, up 60% from the same period last year. Year-to- date permit fees include $1.7 million from major construction projects: 9 Vail Road, the Arrabelle at Vail Square, Cascade, Forest Place, Four Seasons, Front Door, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Major projects are up approximately double last year's amount. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date Real Estate Transfer Tax collections through September 26, 2007, total $4.4 million compared with $4.0 million for the same time period last year, an increase of close to 10%. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail and One Willow Bridge Road contributed $835,726 or 19% of the total in 2007 while only $464,500 or 12% of the total in 2006 consisted of major redevelopment projects. 2 • Construction Update. Public Works Director Greg Hall announced a significant gas line break occurred in Vail Village over the weekend. "Seibert Circle remains under construction...You will be able to see the structure come out of the ground very shortly...West Meadow Drive water line work begins on October 15 and will go until November 15... Paver repair on Meadow Drive should also happen very shortly...The International Bridge should be opened up next week...Paving in Lionshead should begin around the 15'h." • Forest Health Update. Wildland Fire Coordinator Town Talbot reported an estimated 714 dead trees (due to the pine beetle) have been cut down around the town. The purpose of this is to create a defensible area along the town's wildland intertace. The downed trees will be processed in the Kremmling area and turned into fuel pellets. • Housing Obligation Resolution Update. Zemler stated a resolution expressing Council's expectations of Vail Resorts' housing obligations would be readied for an upcoming Council agenda, if needed. • Wendy's Parcel Closing Update. Town Attorney Matt Mire announced the town had recently closed on the purchase of the former Wendy's parcel. The sixth item on the agenda was a Timber Ridge Redevelopment Discussion. Due to a predetermined conflict of interest (Vail Resorts affiliation) Slifer and Gordon recused themselves from the item. Vail Resorts CEO Rob Katz explained, "Affordable housing is a critical issue for the community and us...My goal is to move forward in the best way possible...The key for us is making progress...Timber Ridge is one of the great opportunities for the community...Our development proposal would not cost burden the town financially...We see a lot of progress and a lot of alignment...We are also willing to have for-sale units on the property...We are willing to work with Open/Hillwood (Open/Hillwood has also submitted a proposal to redevelop Timber Ridge)." Katz also said his company would be willing to accept a lease arrangement for the redevelopment to respect the wishes of the Town Council in retaining ownership of the property. Vail Resorts Project Manager Tom Miller discussed the proposal and walked the audience through proposed site plans. Zemler said, "We are trying to bring some resolution to this particular phase of looking at projects...) will be contacting Vail Resorts and Open/Hillwood and providing them with a deadline." Zemler then stated both proposals will be examined by Council on October 16`h. "We are going to try to bring conclusion to this phase of the redevelopment of Timber Ridge." Katz later emphasized, "No matter who you chose we believe this is a positive step forward." The seventh item on the agenda was the 2007 Election Judge Appointments for the November 6, 2007 Regular Municipal Electian. 3 By Colorado State Statute, each polling place must have a minimum of three judges to assist with municipal elections. Staff requested the appointments of Vi Brown, Mary Jo Allen, Holly Cole, Mary Caster, Mary Ann Best, Summer Holm, Earl Best and Kathryn Schmidt to be the Town of Vail election judges. Moffet moved to appoint the aforementioned individuals as judges with Gordon seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was the Approval of the 2008 Vail Local Marketing District budget and operating plan, Resolution No. 24, a resolution adopting a budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District for its fiscal year January 1, 2008 through December 31, 2008 . Moffet moved to adopt the resolution with Newbury seconding. The motion passed 5-1, with Foley opposed. Foley said he would prefer to see a line item in the VLMD budget to specifically fund the Commission on Special Events (CSE). The ninth item on the agenda was the Recommendations of the Parking Task Force for 2007-2008 Ski Season. Council asked the task force to look at adopting a tiered rate schedule and developing a business owner pass program. The committee looked at a tiered system and has made its recommendation. This was not unanimous among the committee members. Vail Resorts made its concerns known but were unable to attend the meeting. Based on the recommended tiered rate structure, pass prices affected by the new peak period rates were evaluated and changes were made. In addition, the shopper parking rate time frame was adjusted. The creation of a discounted business owner pass was recommended. Council established the Parking Task Force to provide direction to the Vail Town Council regarding parking operation policies for each year. The task force determined areas where attention was warranted. These areas include: • Rate increase to make up for the transit enhancements put in place last year and cover operation enhancement cost increases in parking in both winter and summer. • Significant increases in the pass use in the lower tier passes (20-30%) resulting in crowding during peak periods. • Modify the pass structure to be more in line with transit pass cost to encourage transit and carpooling. • Projected number of employees who will be in town early season, estimates are up to 800 more employees working in town through mid-December. • Provide consistent use of the West Vail area on all peak days. • Parking ticket fines being more in line as a penalty. • Summer parking management. • Reverification of debit user classification. • The ability for employees and guests to access parking spaces in the 9:30-10:30 a.m. period. The parking task force recommended the following changes to the parking policies for the 2007-2008 season as follows: • Rates and parking passes are proposed to adjust per the attached rate structure. • Expand use of the free peak period areas in West Vail during the 17 day holiday 4 period from Friday, Saturday and Sunday to all days during the peak periods. • fn recognition of significant increase in demand during the early season for this year, only allow this free peak period area to be used Monday through Friday up to the beginning of the holiday peak period. • Restrict the construction pass to the Lionshead Structure Monday through Thursday and not allow entry to Ford Park or the Soccer Field parking on peak days. • Recommend an increase in the maximum parking violation from $26 to something closer to twice the rate of parking. • Allow pass parking at the former Wendy's lot. • Enhance the area between Wendy's and the Chamonix bus stop with level and asphalt milling shoulders. • Look at having Donovan Park used early season this year only. • Provide enhanced transit service early season and during peak periods for the Wendy's lot and West Vail shoulder parking. • Enhance the summer parking management of the structures during peak periods: three additional seasonal positions are included in the 2008 budget. • Recommend this is the last year current debit card holders can add value to cards without verification of restrictions of use. Beginning next year, a recertification process will take place. Peak is 50% of the total number of ski days. In reference to employee parking, Moffet congratulated Hall on his proposed solutions. It was clarified there are 150 days of paid parking. April 13 is currently scheduled to be the last day of ski season. Hall announced there were internal discussions regarding using Donovan Pavilion as an ancillary parking lot. A new merchant Silver Pass was proposed to be sold for $1,575 and offered solely to business owners who operate in Vail Village or LionsHead. A maximum of 50 silver passes would be sold for each parking structure, offered on a first-come, first-served basis; one pass per business during the initial sales period. The 100 total passes would provide seven-day-a-week access to either the Village or LionsHead parking structure, but not both, depending upon where the business is located. Representing the Vail Chamber and Business Association Kaye Ferry, said she believed the recommendations were very appropriate. Moffet moved to adopt the Parking Task Force recommendations with silver parking passes being sold on a first-come, first-served basis with Newbury seconding. Representing Vail Resorts, Brian McCartney questioned the need for atwo- tiered system for weekday and weekend parking rates. "When you confuse the guest, you irritate the guest...lf we don't need the revenue, I don't recommend you use atwo- tiered system." During a pause for public comment, former Mayor Bob Armour encouraged not using atwo-tiered system. Hitt said he believed the guest cared most about skiing, not about the price of parking. The motion passed 4-2, with Slifer and Gordon opposed. The tenth item on the agendas was a request by Sonnenalp Properties, Inc., represented by Henry Pratt, Gwathmey Pratt Schultz Lindall Architects, for permission to proceed through the town's development review process for the re-alignment of an existing driveway across Tract A, Middle Creek Subdivision, for the Solar Vail Employee Housing Project. Town Planner Scot Hunn stated the applicant has proposed to redevelop the Solar Vaii property located at 501 North Frontage Road West. During the preliminary review of this project, staff asked the applicant to revise the plans to include improvements to the S grade and alignment of the existing access driveway for Solar Vail to meet current town standards. The existing access driveway, located to the east of the Solar Vail building, encroaches over the extreme south west corner of Tract A, an un-platted parcel of land owned by the town. Existing driveway improvements impact approximately 600 square feet of Tract A. Preliminary drawings indicating the revised driveway alignment and associated extents of disturbance on Tract A were reviewed during the Town Council Work Session. The applicant must obtain approval from the Vail Town Council (i.e. property owner) before proceeding through the town's development review process for any improvements across or over Tract A. Moffet moved to approve the request to proceed with Foley seconding. Hitt said he believed the property could be redeveloped without impacting a natural area of preservation. The motion passed 5-1, Hitt opposed. The eleventh item on the agenda was the Proposed additions to Exhibit B "Permitted Capital Improvements" for the Town of Vail Master Deed Restriction that is currently in place at Vail Commons, Red Sandstone Creek, North Trail Townhomes, Pitkin Creek Park # 5-F and Vail Heights # 11. Newbury recused herself from the item as she owns and lives in a deed restricted unit. Town Housing Coordinator Nina Timm reported the Town of Vail Master Deed Restriction for Vail Commons, Red Sandstone Creek, North Trail Townhomes and Pitkin Creek Park # 5-F and Vail Heights # 11 limits appreciation of these units to a maximum of three percent simple interest per year. Additionally, the recoupable permitted capital improvements are also limited. The deed restriction has maintained the units as affordable to local employees. At this point in time it is prudent to expand the recoupable permitted capital improvements to maintain the units at a desirable level. The goal of the suggested additional permitted capital improvements is not to further the resale value of an owner's home, but to provide some monetary relief if certain improvements are made and an owner must sell their unit within afive-year period. Moffet clarified a three bedroom unit in the Vail Commons neighborhood is presently worth approximately $243,000. Moffet moved to approve the resolution with an amendment to increase maximum allowable improvements from 10% to 15%, with Gordon seconding. It was clarified only energy star appliances are recoupable. Timm reported around two to three of the affected units change hands in a year. The motion passed unanimously, 5-0. The twelfth item on the agenda was the Second reading of the 2008 Budget, Ordinance No. 29, Series 2007. Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 5-1, with Foley opposed. Foley said he believed Council should have spent more time reviewing salary and benefit data. Zemler thanked Finance Director Judy Camp and Halloran for their diligent efforts on the budget. The thirteenth item on the agenda was the Second reading of Ordinance No. 30, Series of 2007. An Ordinance Amending Section 1-5-8 "Compensation", Vail Town Code; Increasing the Compensation Paid to Town Council Members. This ordinance increases council compensation from $500 per month to $625 per month and retains the salary for mayor at $1,000 per month, effective January 1, 2008. Mire stated according to Town Charter, Council Members are not to benefit from increased compensation brought about by their own vote. Subsequently, Hitt and Gordon (both with two years remaining on their terms) are not eligible to receive a salary increase 6 during their current terms. Moffet moved to approve the ordinance with Newbury seconding. The motion passed 5-1, with Foley opposed. For details, contact Matt Mire at 479-2460. The fourteenth item on the agenda was Resolution No. 22, Series of 2007, a resolution to adopt the Solaris Parking Management Plan, pursuant to the requirements of the Crossroads Development Agreement dated March 22, 2006. On September 18, 2007, Council voted unanimously to table this request to the October 2, 2007, public hearing. On March 22, 2006, Council agreed to the Crossroads Development Agreement which addressed the many public aspects of the Solaris project. One of those aspects was the management of the 81 excess parking spaces in the subterranean garage which are a portion of the public benefit to offset the deviations that were approved. The Crossroads Development Agreement required the applicant return to Council for review and approval of the parking management plan prior to submitting for a building permit. This request was proposed to satisfy that requirement. Campbell clarified the Solaris Developer would be required to adhere to the proposed management plan as it was part of the DIA. Moffet said the plan was a vast improvement compared to what was previously submitted. Moffet moved to adopt the resolution with Hitt seconding. The motion passed unanimously, 6-0. The fifteenth item on the agenda was Adjournment. Moffet moved to adjourn at 8:00 p.m. with Newbury seconding. The motion passed unanimously, 6-0. ~~,0.. ~ U Rodney E. Slifer, Mayor ATTEST: ' ~O~N O F Vq~l ' . SEAL 'r Lorelei Donaldson, Town Clerk ~cO1ORt'~ Minutes provided by Corey Swisher. 7 Vail Town Council Evening Meeting Minutes Tuesday, October 18, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Mark Gordon Farrow Hitt, Mayor Pro-Tem Kevin Foley Kim Newbury Kent Logan Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Pam Stenmark thanked outgoing Councilman Greg Moffet for his effort and dedication while serving on the Vail Local Marketing District Advisory Council for the past eight years. Mayor Rod Slifer read a proclamation in his honor. Moffet received an ovation from those in attendance. Kaye Ferry announced the Vail Chamber & Business Association would be hosting a Council Candidate forum to be held at 6:00 p.m. October 18 at Donovan Pavilion. The second item on the agenda was the Town Manager's Report. • Wendy's Deconstruction. Town Manager Stan Zemler announced that in order to prepare the Wendy's site as a potential additional outlying winter parking area, staff had requested bids for deconstruction of the site. Superior Contractors, (nc., submitted a bid of $35,482, which would recycle 95% of the building materials, as well as give the town points toward green construction. Additional dollars will be spent on items such as asphalt millings, removal of the grease trap, and so on. Zemler then recommended paying for the project out of the 2007 budget line item specific to the design/construction of the third fire station. Zemler said this starts the process of obtaining a LEED's (Leadership in Energy and Environmental Design) certified project. Gordon said, "It's the right thing to do." The third item on the agenda was a discussion of Conceptual Ideas for Use of Ford Park and the Vail Goif Club (Joint Meeting w/Vail Recreation District, e.g., VRD). 1 Zemler stated the two boards developed a subcommittee which examined various projects from three perspectives: 1) maintaining what we have; 2) improving or adding to our recreational capital inventory and programming; and 3) what's the next exciting opportunity for the community? The committee is comprised of VRD board members Michelle Hall, Joe Hanlon and Scott Proper, and Vail Council members Greg Moffet and Mark Gordon, along with staff from both organizations. Mike Ortiz, Executive Director of the VRD, stated, "The Borne engineering report (professional facilities evaluation) told us about a lot things that need some investment...lf we are going to look at what are the next series of improvements we want to make, this tells us what that might look like...lf we are going to provide new services and facilities what would those things be, and then we need to plug in some costs...We need to address the agreements and funding of the deferred maintenance." Ortiz then thanked town staff member Todd Oppenheimer for his work in addressing facilities maintenance requirements. It was then explained the joint VRD/Town of Vail subcommittee has been working with the architectural firm of Otis Odell, from Odell Architects, over the past several months to explore possibilities for re- siting various recreational amenities. Odell emphasized, "This is sort of a snapshot in a process that really has been very collaborative...We have created an affinity matrix where various sports and recreation offerings were compared against each other...We've taken this list and then started to develop some different options." Odell provided a summary of potential recreational layouts of Ford Park and the Vail Golf Club. Moffet stated, "It's been a good process I'm just sorry I won't be here to see the next phase." Slifer commented, "I think you should go ahead." Hitt said, "It's nice to have a good working relationship with the VRD...This is good work and it's a great step." Foley encouraged asking questions in regard to public recreation wants on the next community survey. Gordon thanked the staff of both organizations for their efforts on the conceptual plan. VRD Board Member Michelle Hall said she believed Odell did a fantastic job on his organization of community ideas. "We started with giant steps, now the steps seem more doable...l'd like to see us keep moving ahead." VRD Member Rick Sackbauer said, "I'd like to step back one more time and see if we can together find some new ideas that will pay for these expensive things we all need to have happen, and they need to happen sooner rather than later." During a pause for public comment, John Zahner said he believed the demand for recreation at the Ford Park athletic fields had diminished. Tom Steinberg said he believed Gore Creek had been ignored as a recreational asset. The fourth item on the agenda was a Loading and Delivery Update. Zemler reported that at the June 19, 2007 Council meeting, staff received direction to develop aCouncil-supported operational plan for the successful use of a dispersed loading and delivery network in Vail Village. The direction reaffirmed policy decisions established years earlier in the town's ongoing effort to address the various conflicts associated with the current state of loading and delivery in the Village. With the completion or near completion of shared delivery bays at One Willow Bridge Road, Vail Plaza Hotel 8~ Club and the Mountain Plaza (formerly Front Door), staff convened a 17- member stakeholder Working Group during the summer to discuss the use and coordination of these additional options, as well as an assessment of the current policies. Based on feedback from the Working Group, Zemler said the following adjustments to improve the current loading and delivery network would begin with the start of the 2007-08 ski season: 2 • Identify additional loading spaces on East Gore Creek Drive, along East Meadow Drive (east and west of Bridge Street), and the north and south sides of the International Bridge. • Assign small delivery trucks (UPS, USPS, Fed Ex, etc.) to use designated loading zones during restricted periods. • Introduce new Code of Conduct for delivery drivers as standard operating procedure. • Create and distribute a loading and delivery map for new drivers. • Provide advance notification when special events necessitate changes in loading and delivery policies. • Expand staffing hours of code enforcement officers at Checkpoint Charlie from the current 8 a.m. to 5 p.m. operation to 7:30 a.m. to 6 p.m. • Increase police enforcement of existing policies. • Install technical platform that will enable the eventual use of video cameras at strategic locations in the Village, such as Hanson Ranch Road, for improvement in enforcement from Checkpoint Charlie. With the exception of the adjustments listed above, Zemler indicated vendors are making arrangements to service their Vail customers this winter based on the current guidelines. However, following the conclusion of the ski season, when more information will be known about the functionality of the newly constructed delivery bays, it is recommended a discussion be held with the Town Council to seek direction as it relates to three options developed by the Working Group. While the Working Group has completed its assigned task, it is recommended that members be convened on an as- needed basis as issues arise. Several members of the Working Group attended the discussion and were asked to comment. United States Postal Service representative Jim Armstrong stated, "The Town Council has a big task ahead of them...l don't envy your situation in trying to meet the goals of the master plan (which encourages pedestrian friendly streets) and the goals of the guest which is to have a great experience (restaurants well supplied, etc.)." Kaye Ferry of the Vail Chamber encouraged enhancing staffing at Checkpoint Charlie to assist in regulating deliveries. "The first step in getting to the bottom of this is to enhance the existing rules...They have not been enforced in any way shape or form for a very long time." Hitt said the town will continue to work on the issue and enhance the experience for the guest. Representing the Vail Village Homeowners Association Jim Lamont stated, "I think what we see tonight is a process of building trust and confidence with the Town of Vail and the Vail business community." He also spoke in favor of enhanced enforcement. "All we ask is for eight continuous hours of quiet in the evening." Local restaurateur Hermann Staufer thanked Zemler for "taking the bull by the horns" and creating collaboration when dealing with a difficult situation. He then said when all the loading and delivery facilities come on line, the community would be able to see what the real loading and delivery needs and assets are. A Coors Distributing representative said the proposed recommendations would not allow enough time to make the necessary deliveries. The fifth item on the agenda was an Eagle County Housing Action Team (HAT) update. Don Cohen presented a plan that would conceivably move forward on the Urban Land Institute's recommendation to develop an effective workforce housing program and begin in 2008. "HAT strives to create a broad plan for 2008 and beyond to expand Eagle County's workforce housing inventory, help communities plan and manage it effectively, 3 and make it easier for qualified buyers to acquire a home." He then stated other communities in the Vail Valley had asked for assistance in administering residency required housing. Cohen continued, "Vail needs to widen and globalize its view." Gordon said, "I really have mixed feelings about this." Moffet said the missing part of Cohen's presentation was community. Nothing irritates me more than looking at Miller Ranch and seeing people live there'who used to live here...Neighborhoods need to remain integrated...What's in it for us? We don't want to be a donor jurisdiction...l'm not as concerned about solving the county's problem as I am about solving ours." Council's concern was that HAT recommendations would not likely include workforce housing in the Town of Vail. The sixth item on the agenda was a request to listen to presentations from 1) Vail Resorts Development Company; and 2) Open Hospitality/Lincoln Partners Entity concerning the redevelopment of Timber Ridge, Discuss the proposals presented and allow for public comment regarding the same. Moffet moved to table the item to a special meeting on Tuesday, October 30 at 3:00 p.m. with Hitt seconding. The motion passed unanimously, 7-0. Moffet left the meeting at approximately 8:20 p.m. The seventh item on the agenda was a request by the owners of two deed restricted Employee Housing Units (EHU) located at 201 Gore Creek Drive (the Bell Tower building) to release the deed restriction on EHUs located in the Bell Tower. In exchange for the release, the owners would provide the Town of Vail a Type IV deed restricted unit at 4192 Spruce Way (Altair Vail Inn). Town Housing Coordinator Nina Timm reported it is the desire of the Bell Tower employee housing units owners to remove the two deed restricted EHUs which total 597 square feet, located at the Bell Tower building and replace them with a new deed restricted EHU located at 4192 Spruce Way, which is 1,192 square feet. The existing EHU square feet would then be incorporated into the primary residence located on the third floor of the Bell Tower building. Representing the applicant, Dean McFarland explained the nature of the request. "The actual living experience and the units themselves are not that good of an experience for a Vail employee." Kaye Ferry asked what the applicant had paid for the Spruce Way unit. The applicant stated the unit was under contract for approximately $427,000. Hermann Staufer said the units in the Bell Tower building are very small. "You are talking about two cubby holes really...) recommend very highly you take the trade." Gordon asked for more equity on the trade. Gordon then moved to table the item until November 6 to allow the applicant to find a situation that would be more equitable for the town with Hitt seconding. Hitt encouraged possibly entertaining apay-in-lieu situation. Newbury suggested a site visit. The motion passed unanimously, 6-0. The eighth item on the agenda was an Alpine Drive Drainage project contract approval request. Public Works Director Greg Hall asked Council to authorize the Town Manager to enter into an agreement with Western Slope Utilities to complete the Alpine Drive drainage project. Staff has received bids October 8, 2007, for the Alpine Drive drainage project. Western Slope Utilities was the sole bidder and the bid was within budget. The project consists of storm sewer installation on Alpine Drive. The project is scheduled to begin in 4 late October and be completed by mid November. Hitt expressed concern that residential construction had created a situation the town was required to remedy. Hall explained landslides in the 1980s were predominantly responsible for causing the issue. Hitt then moved to authorize the Town Manager to enter into an agreement with Western Slope Utilities to complete the Alpine Drive Drainage project in an amount not to exceed $235,000.00 with Foley seconding. The motion passed unanimously, 6-0. The ninth item on the agenda was the proposed use of electronic restraint devices by Vail PD. Police Commander Steve Wright stated the Vail Police Department is proposing the purchase and issue of the Taser electronic restraint device (ERD). Currently, each officer carries two types of less lethal equipment; OC (pepper) spray and the ASP collapsible baton. As part of the department's methodology, it will adopt the International Association of Chiefs of Police Nine Step Strategy for Effective Deployment. The nine steps are: • Build a leadership team. • Place the ERD on the use of force continuum. • Assess the cost and benefit of using ERD's. • Identify roles and responsibilities for ERD deployment. • Develop ERD policies and procedures (Note: The TOV's liability insurance carrier, CIRSA, has a model policy for ERD use.) • Engage in community outreach. • Create a comprehensive training program. • Use a phased approach. Assess ERD use and determine next steps. Wright emphasized the need for an additional intermediate force option. The acquisition of the Taser electronic restraint device will likely decrease officer injuries, decrease injuries to criminal suspects, and reduce worker's compensation payouts. The police department has currently budgeted $5,200.00 in 2007 and 2008 funds. The remaining costs will be funded from asset forfeiture monies. Council asked Wright to return to Council after deploying the Taser so as to determine its safety and effectiveness. Logan moved to adopt the use of Tasers by the Vail Police Department with Hitt seconding. The motion passed unanimously, 6-0. The tenth item on the agenda was an appeal of the Town of Vail DRB's denial of a design review application (DRB07-0330), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive/Lot 4, Block 2, Bighorn Subdivision. Planner Scot Hunn reported on August 15, 2007, the DRB denied a request for a change to approved plans pursuant to Section 12-11, Design Review, Vail Town Code, regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive/Lot 4, Block 2, Bighorn Subdivision, 1g` Addition. On September 4, 2007, the Appellant filed an appeals form to appeal the DRB's denial of a design review application (DR607-0330). Representing the applicant, local architect Kirk Aker described the project history and explained the architectural details of the duplex. Mire 5 explained the adjacent property owner did not object to the improvement, rather the DRB did not approve the improvement. Ruther clarified both sides of the property had to be architecturally compatible. "Staff made recommendations (small details) that could have made the proposed improvements more compatible." Hitt moved to uphold the DRB decision with Newbury seconding. The motion passed unanimously, 6-0. The eleventh item on the agenda was a request by Vail Resorts Development Company, represented by Bob Stozek, to proceed through the development review process with a proposal to construct improvements on the Town of Vail owned Tract A, Vail Lionshead Filing 3, generally located between the Antlers and Lion Square Lodge properties, adjacent to Gore Creek. Ruther explained it was the desire of the applicant, Vail Resorts, to apply for applications to amend the approved Arrabelle project development plan to remove skier drop-off from the Arrabelle Hotel site and to construct a new skier drop-off parking lot. The proposed skier drop-off parking lot would be located on property owned by the town. Therefore, the applicant must first obtain Council (i.e. property owner) approval before proceeding through the town's development review process. The Community Development Department recommended Council deny the applicant's request to proceed through the development review process. Gordon moved to table the item until November 6, with Logan seconding. Hitt stated the proposal would be a waste of Council's time, as he believed the proposal would only create pedestrian and vehicular congestion. Foley asked if the item was related to a Temporary Certificate of Occupancy for the Arrabelle at Vail Square. Ruther confirmed it was. The motion to table passed 4-2, with Newbury and Hitt opposed. The twelfth item on the agenda was the first reading of Ordinance No. 23, Series 2007. An Ordinance Deleting Section 5-1-5, Vail Town Cade, Regarding Abatement of the Mountain Pine Beetle; Amending Title 5 Vail Town Code with the Addition of Chapter 10 "Abatement of the Mountain Pine Beetle and Wildfire Fuels Reduction" Town Attorney Matt Mire explained within the State of Colorado and within the town there exists a growing mountain pine beetle epidemic. The presence of the mountain pine beetle and beetle infested trees within the town presents a real and substantial risk to the public health, safety and welfare, including the increased risk of rapidly spreading fire. In addition, the presence of dead or substantially dead trees, regardless of the cause, also presents the increased risk and danger of rapidly spreading fire as described above. As such, certain text amendments are necessary to the Vail Town Code, as they relate to the abatement of the mountain pine beetle, dead or substantially dead trees and other fire fuels to protect the health, safety and welfare of the town and its inhabitants. The ordinance, as proposed, requires homeowners with dead trees on their property to remove them or submit an acceptable plan for their removal within 10 days of notification by the town. Hitt expressed concern the proposed owner notification and response process was too rapid for homeowners and those not in compliance with the ordinance would have difficulty adhering to it. Foley clarified the town was not exempt from the ordinance. Hitt moved to approve the ordinance by modifying the deadlines from 10 days to 30 days; Newbury seconded. The motion passed unanimously, 6-0. Representing the Vail Village Homeowners Association, Jim Lamont stated," I would make sure staff has adequate resources to implement this thing right out of the chute...lt's within reason to make sure this is adequately funded." The thirteenth item on the agenda was the first reading of Ordinance No. 31, Series of 2007, an ordinance approving a major amendment. to SDD No. 4, Vail Cascade, 6 pursuant to Article 12-9A, SDD, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision Planner Scot Hunn reported that on October 24, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 4, Vail Cascade, pursuant to Article 12-9A, SDD, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Vail Cascade Subdivision. Specifically, the Applicant proposes to increase the number of dwelling units from eleven (11) to fourteen (14) within the "CMC" building, with no increase to Gross Residential Floor Area (GRFA). Upon review of the request, the PEC voted 6-0-0 to forward a recommendation of approval, with conditions, of the request to amend SDD No. 4, Vail Cascade, to the Vail Town Council. Representing the applicant Allison Kent stated the change would generate fewer employees. Newbury moved to approve the ordinance with Gordon seconding. The motion passed 5-1, Foley opposed. The fourteenth item on the agenda was Resolution 25, Series of 2007, A Resolution supporting the Colorado Forest Management Improvement Act of 2007, Encouraging the congressional delegation of the State of Colorado to actively continue their unified and bi-partisan support of the bill and to push for rapid approval by the Congress of the United States of the same, and to express the gratitude of the Vail Town Council for recognition of the delegation of the magnitude of the bark beetle infestation in Colorado and for the efforts made in drafting, introducing, and supporting this act. Newbury moved to approve the resolution with Foley seconding. The motion passed unanimously, 6-0. The fifteenth item on the agenda was Adjournment. Newbury moved to adjourn at approximately 9:45 p.m. with Foley seconding. The motion passed unanimously, 6-0. / ~ ~~1" - / Rodney E. Slifer, Mayor ATTEST: r j V l i t . f ~ ^ A. ` orelei Donaldson, Town Clerk ti ~ ; ~.LORPOO Minutes provided by Corey Swisher. 7 Vail Town Council Special Meeting Minutes Tuesday, October 30, 2007 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 3:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Mark Gordon Farrow Hitt, Mayor Pro-Tem Kevin Foley Kim Newbury Kent Logan Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was a staff recommendation to table to November 6, 2007, Public Presentations from: 1) Vail Resorts Development Company: and 2) Open Hospitality/Lincoln Partners Entity concerning the redevelopment of Timber Ridge. Because negotiations are still ongoing, any presentation from the above-referenced entities would be premature. Moffet moved to table the item until November 6, 2007 with Hitt seconding. The motion passed unanimously, 7-0. The second item on the agenda was a Executive Session, pursuant to 1) C.R.S. §24-6- 402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Re: Satisfaction of Vail Resorts' Housing Obligations. Moffet moved to adjourn to Executive Session with Hitt seconding. The motion passed unanimously, 7-0. Due to a predetermined conflict of interest (Vail Resorts affiliation) Slifer and Gordon recused themselves from the item and left the Council Chambers. No public announcements were made following the session. 1 The third item on the agenda was adjournment. Newbury moved to adjourn with Logan seconding. The motion passed unanimously, 3- 0. ~ S Rodney E. Slifer, Mayor ATTES~• ~OF VA/~ i ti ' 5~,~+ Lorelei Donaldson, Town Clerk . VC '••....••~P COO Minutes provided by Corey Swisher. 2 Vail Town Council Evening Meeting Minutes Tuesday, November 6, 2007 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 Rod Slifer. Members present: Rod Slifer, Mayor Kent Logan Mark Gordon Farrow Hitt, Mayor Pro-Tem Kevin Foley Kim Newbury Greg Moffet Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Bill Jewitt Remembrance. Mayor Slifer opened the meeting and asked for a moment of silence to honor the passing of former Councilman Bill Jewitt. The first item on the agenda was Citizen Participation. Town Manager Stan Zemler presented the outgoing council members with a memento in appreciation of their service. Logan thanked staff for their efforts and diligent work in moving the town in a positive direction. Slifer stated, "It's been a pleasure." Tom Steinberg then thanked Slifer for his work as Mayor. Slifer then received a standing ovation from those in attendance. Vail Chamber and Business Association Executive Director Kaye Ferry announced that on November 29, from 5:00 to 6:30 p.m. in the Vail Town Council Chambers, an open house will be held with the Colorado Department of Transportation to discuss community preferences regarding the next phase of the I-70 repaving work through Vail. The focus of the meeting will be to discuss the pros and cons of different paving methods; night versus day versus after Labor Day work, etc. CDOT has indicated it will follow the recommendations derived from this meeting. The second item on the agenda was the Consent Agenda. Approval of October 2, 16 & 30 Meeting Minutes. Moffet moved to approve the consent agenda with Foley seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. • Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of September are expected to be $905,132, up 8.7% from September, 2006. Year-to-date collections of $14.6 million through September continue to exceed last year's year-to-date by 6.8%. For comparison, inflation as measured by the consumer price index was up 2.8% in September compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to- date construction permit fees of $2.4 million, up 43% from the same period last year. Year-to-date permit fees include $1.8 million from major construction projects: 9 Vail Road, the Arrabelle at Vail Square, Cascade, Forest Place, Four Seasons, Front Door, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date Real Estate Transfer Tax (RETT) collections through October 31, 2007, total $4.7 million compared with $4.3 million for the same time period last year, an increase of close to ten percent. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail and One Willow Bridge Road contributed $835,726 or 18% of the total in 2007 while only $464,500 or 11 % of the total in 2006 consisted of major redevelopment projects. • Construction Update. Public Works Director Greg Hall reported, "Solaris continues storm sewer work...Work on the Seibert Circle fountain is ongoing...Beaver Dam road is almost complete... Arrabelle at Vail Square is continuing to put down heated pavers in the mall ...Loading and delivery (new schedule and use of service bays) will be under town rules when ski season begins." The fourth item on the agenda was a CenturyTel Update on Vail Wi-Fi. Recent upgrades include: 1. Upgrade of the nodes over the summer has resulted in a 31 % increase in coverage. 2. CPE (Customer Premise Equipment) product has been deployed (sold at Market Computers or on-line purchase) which has allowed many users to connect who previously were out of range of the nodes. The deployment of an Outdoor CPE unit within the next month will further the range. 3. Direct mail piece is going out this week with a coupon to reduce the CPE cost by $50 with a one year subscription purchase. 4. Eleven new nodes are in the design process that will be deployed in areas where CenturyTel has had the most customer calls and requests for service. 5. New pricing plan was put in place during the summer lowering the monthly rate to $25 for those subscribing for one year or $29.95 for those buying the service month- to-month. 2 6. Deployment of this technology has allowed CenturyTel to partner with Eagle County Schools and TV8 to grow solutions for their businesses. Ron Braden, the town's director of information technology, introduced CenturyTel Business Sales Manager Eric Zimmer. Zimmer noted the recent improvements to the wireless system as noted above. He said the improvements have increased the system's coverage which currently stands at about 90 to 95 percent outdoors and approximately 60 percent indoors. In an attempt to meet revenue requirements for the network and to ensure its future sustainability, Braden and Zimmer presented a request to modify the free Wi-Fi service model to increase the subscriber base for the network. The recommendation would eliminate free one hour Wi-Fi service to outlying neighborhoods and hotel properties, while retaining the free service in public buildings and other public spaces. He also explained the company had arranged for installation of CPE devices that would improve access to the broadband wireless service. "This is all in an effort to make the network more user friendly and a better customer experience...We are providing our customers reliable wireless service for $25 a month with ayear-long commitment...This was a very aggressive pricing move on our part...We are trying to create a profitable network," Zimmer said. Gordon clarified the speed of the service is comparable to DSL service or that purchased through local cable carrier Comcast. Moffet expressed concern the proposal would eliminate the one hour of free residential service currently provided. Zimmer said he hoped to change the pricing structure as CenturyTel had invested $500,000 more on the network than originally anticipated. Council did not agree to amend the current contract. Therefore, the free service arrangement will continue. The fifth item on the agenda was Memorandum of Understanding (MOU) between the Town of Vail and the Vail Recreation District (VRD). Town Attorney Matt Mire asked Council to discuss and/or ask questions concerning the proposed MOU with the Recreation Task Force, consisting of VRD board members Michelle Hall and Joe Hanlon; Town Councilmen Mark Gordon and Greg Moffet; and members of staff from both organizations. The task force has been working over the last two years to cooperatively address issues related to town-owned, VRD-managed facilities. The Memorandum of Understanding was intended to memorialize the agreements and intentions of the parties. It provides a basis for future deliberations and negotiation of leases. Moffet clarified the VRD had approved the MOU. "Both parties are moving forward in all good faith." Moffet moved to approve the MOU with Gordon seconding. `This is really gratifying and overdue." Slifer asked if parking at Ford Park was still an option. Zemler clarified, "We can not bind future Council's to financial commitments." VRD Executive Director Mike Ortiz clarified the locations of proposed improvements. Gordon said, "Here we finally have something that is concrete...This is the direction we want to move ahead." During a pause for public comment, Stephen Connolly commended the VRD Board and Council for their collaboration. He did have concern over the potential uses of Dobson Ice Arena listed in a conceptual lease. "If we use this, we might as well just melt the ice now." Mire explained the attached lease was in a conceptual form. "We have expressly asked that Council not go into the purviews of the Iease...We didn't want to get into the lease because it is an incomplete document at this time...This (MOU) was only meant to be a bridge from this Council to the next Council...We are not here to debate those terms." 3 The sixth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail DRB approval of an administrative approval, for a change to approved plans, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to the configuration of retaining walls associated with driveway access, pursuant to Section 14-6-7, Retaining Walls, Vail Town Code, located at 1772, 1778, and 1788 Alpine Drive/Lots, 10, 11, and 12, Vail Village West Filing 1. Warren Campbell informed Council that they could uphold, overturn, or modify the Town of Vail DRB approval of an administrative approval, of the change to approved plans application pursuant to Section 12-3-3, Appeals, Vail Town Code. On October 3, 2007, the DRB upheld an administrative approval of a change to approved plans application to change the configuration of retaining walls associated with driveway access, for the new residences being constructed at 1772, 1778, and 1788 Alpine Drive. Council "called-up" the DRB approval of an administrative approval due to concerns about the compliance of the retaining walls with applicable Town of Vail Zoning Code provisions. Campbell clarified there was a portion of retaining wall sitting on the property line and did not meet the required 2-foot setback. Moffet moved to uphold with a condition the DRB approval with Foley seconding. Hitt expressed concern that the structure was not harmonious with the surrounding neighborhood. "I believe with more landscaping that this retaining wall can be softened...) think we need to readdress our DRB process...The retaining wall just doesn't look like it fits." Gordon and Newbury said the next Council needs to readdress steep slope requirements. "Due to a personal interest in the site, Hitt recused himself from the item. The motion passed unanimously, 6-0. The seventh item on the agenda was a Teva Mountain Games Funding Request. Special Events Coordinator Sybil Navas explained that in August of this year, Untraditional Marketing (UM) was informed by USA Climbing that the Climbing Wall World Cup had been awarded to Vail. Originally, UM was going to ask the Commission on Special Events (CSE) for '08 cash funding of $110,000 ($90,000 was awarded in 2007). Due to this additional award of the World Cup, UM requested another $50,000, bringing the overall cash funding between the CSE and Council contributions to $160,000, with in-kind of $9,500. The event proposal has now been seen and endorsed by the CSE, with a recommendation Council provide the additional $50,000 in funding for the '08 Climbing Wall World Cup. At this time, the CSE average contribution toward the TEVA Mountain Games is $95,000, which final action will be taken at their next regular meeting on November 27. When this was presented to Council in September, Council asked to have a thorough review of the merit of the Climbing Wall World Cup, and if needed, return to Council for '08 funding of this specific event. The CSE listened to the full funding request of $160,000 on October 23, but with over $1.3 million in special events requests, felt they did not have the funds available to support this additional event. Staff recommended funding up to $50,000 from Council contributions specific to the '08 USA Climbing Wall World Cup. Staff will continue to work with both the CSE and the Vail Recreation District (VRD) to establish a permanent climbing wall location, a requirement of a multiple year award of this event. Moffet moved to adopt the staff recommendation with Newbury seconding. Zemler clarified Council would have the ability to call up any CSE recommendation. The motion passed 6-1, Foley opposed. Hitt clarified a permanent location for a climbing was being explored. Foley said he believed the Vail Local Marketing District needed to directly fund more special events. The eighth item on the agenda was a Vail Resorts Housing Obligation Discussion. 4 Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon and Slifer recused themselves and left the Council Chambers. Moffet moved to table the item to an undetermined date with Foley seconding. The motion passed unanimously, 5-0. Vail Resorts CEO Rob Katz thanked Council for their diligent efforts in the past. The ninth item on the agenda was an Open/Hillwood Proposal for the Redevelopment of Timber Ridge. Representing Open/Hillwood Partners, Mark Masinter discussed four proposed financing options to redevelop the Timber Ridge affordable housing parcel. In response to a question regarding the use of reservation fees in two of the options, Masinter responded, "Our comfort in reservation fees has come from speaking with several employers in town and it makes us feel that what we are proposing is fair...Without paying a reservation fee, the rents will be higher." Moffet clarified with Masinter that one option includes $10 million of town-issued bonds supported by Tax Increment Financing (TI F) to finance the project. Finance Director Judy Camp estimated Timber Ridge could generate sufficient TIF revenue to issue approximately $4 to $6 million dollars of bonds, depending upon final configuration of a redevelopment project. Masinter then explained the Eagle River Water and Sanitation District may be requested to waive tap fees associated with the project. Masinter continued by explaining the town could also maintain a financial stake in the project. He then confirmed with Council that Open/Hillwood is ready to pull the trigger on the project. Referring to option 1, Logan stated, `There is a capital gap that has to bridged in some shape or fashion... Are you willing to commit without any assurance that you can sell 116 market-rate units?" Masinter said, "We are comfortable that we can...lf you allow me to do any of these options we are ready to go...We realize we have to commit to this now." Logan clarified if the town became a partner in any of the proposals the town would have to refinance the property. Moffet and Newbury said the proposed rents were appropriate as compared to the current free market. Vail Resorts CEO Rob Katz said, "We are fully prepared to buy our beds in this project...We have been waiting for clear direction from Council....We are certainly willing to push forward on this." Representing the Solaris development, Reid Weilly asked why other developers did not have the opportunity to participate in the redevelopment of Timber Ridge. Mire clarified there was not a current request for proposal process for Timber Ridge. Gordon commented, "I would not agree to a proposal that only benefited one or two businesses in town." Michael Cacioppo asked for a clarification regarding the Vail Resorts housing obligation. Logan said Katz's comments were helpful and useful. `The successful redevelopment will require a partnership." The tenth item on the agenda was the second reading of Ordinance No. 23, Series 2007. An Ordinance Deleting Section 5-1-5, Vail Town Code, Regarding Abatement of the Mountain Pine Beetle; Amending Title 5 Vail Town Code with the Addition of Chapter 10 "Abatement of the Mountain Pine Beetle and Wildfire Fuels Reduction. Within the State of Colorado and within the town there exists a growing mountain pine beetle epidemic. The presence of the mountain pine beetle and beetle infested trees within the town presents a real and substantial risk to the public health, safety and welfare, including the increased risk of rapidly spreading fire. In addition, the presence of dead or substantially dead trees, regardless of the cause, also presents the increased risk and danger of rapidly spreading fire as described above. As such, certain text amendments are necessary to the Vail Town Code, as they relate to the abatement of 5 the mountain pine beetle, dead or substantially dead trees and other fire fuels to protect the health, safety and welfare of the town and its inhabitants. Moffet moved to approve the ordinance with Gordon seconding. Foley and Slifer thanked staff for their successful efforts. The motion passed unanimously 7-0. The ordinance requires removal of beetle infested and dead trees, or an acceptable plan for the removal of the trees to be submitted, when the trees are determined to be a wildfire fuel hazard by the town within 30 days of notification. Trees not removed within 30 days may be removed by the town with twice the costs charged back to the property owner. The eleventh item on the agenda was the second reading of Ordinance No. 31, Series of 2007, an ordinance approving a major amendment to Special Development District (SDD) No. 4, Vail Cascade, pursuant to Article 12-9A, SDD, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision. Planner Scot Hunn explained that on September 24, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 4, Vail Cascade, pursuant to Article 12-9A, SDD, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058). Specifically, the Applicant proposes to increase the number of dwelling units from eleven (11) to fourteen (14) within the "CMC" building, with no increase to Gross Residential Floor Area (GRFA). Upon review of the request, the PEC voted 6-0-0 to forward a recommendation of approval, with condition, of the request to amend Special Development District No. 4, Vail Cascade, to the Vail Town Council. On October 16, 2007, the Council voted 5-1-0 to approve Ordinance No. 31, Series 2007, on first reading. Moffet moved to approve the ordinance with Newbury seconding. The motion passed 6-1 with Foley opposed. Foley said he believed the project should have employee housing requirements associated with it. The twelfth item on the agenda was the resolution No. 27, Series of 2007, a resolution to adopt the Vail 20/20 Strategic Action Plan. Planner Rachel Friede provided an overview of the Vail 20/20 process that started in early 2006 and included numerous opportunities for community participation that resulted in updated community values and vision statements, as well as a strategic action plan that takes steps to move closer to a common vision for Vail. On August 7, 2007, staff returned to the Council with a draft of the Vail 20/20 Strategic Action Plan. At that time Council provided input and authorized staff to hold an open house where members of the community could provide additional input. The open house was held on August 16, 2007 at Donovan Pavilion, and allowed members of the public to interact with staff and provide final comments on the goals, actions and strategies in the plan. Staff also distributed the drafts to the public and took input via the web, email and phone. The latest draft of Vail 20/20 Strategic Action Plan reflects the input of the public, staff and other stakeholders. Zemler explained the plan was built around goals and actionable strategies. It was noted the plan can be modified in the future by passing a resolution. Hitt asked if the plan could be less specific. Gordon expressed interest in modifying the plan to encourage growth in the diversity of residents in the community. Friede reported environmental sustainability was noted as most important by the community. In reviewing the housing section, Hitt expressed concern about a recommended action to "evaluate employee housing options on the Middle Bench of Donovan Park, recognizing the dual community interest in maintaining the property as a park." Council members 6 agreed to remove the provision. Michael Cacioppo said the Middle Bench was intended to be open space when it was originally purchased. Gordon commented, `This was a pretty amazing process...We got a large population of Vail to participate in this." Gordon moved to approve the resolution with Logan seconding. The motion passed unanimously, 7-0. Hitt and Logan then complimented Friede for her efforts on the project. The thirteenth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding. The motion passed unanimously, 7-0. i1,(%.~! U Rod Slifer, Mayor ATTEST• ~ p • ,y • • • ~ 3• ~ • w Q Lorelei Donaldson, Town Clerk O ~ • t~~.• ~ Minutes provided by Corey Swisher. 7 Vail Town Council Evening Meeting Minutes Tuesday, November 13, 2007 i 2:00 Noon Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 12:00 Noon. Members present: Dick Cleveland, Mayor Margaret Rogers Mark Gordon Andy Daly, Mayor Pro-Tem Kevin Foley Kim Newbury Farrow Hitt Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was the Swearing in of Newly Elected Council Members. All five newly elected Council Members (Cleveland, Daly, Foley, Newbury, Rogers) were asked to stand and raise their right hands as Town Clerk Lorelei Donaldson administered the oath. The second item on the agenda was a Town Organizational Meeting. As per Section 3.3 -3.4 of the Vaii Town Charter: Selection of Mayor/Mayor Pro-Tem. Newbury moved to appoint Dick Cleveland the Mayor with Daly seconding. The motion passed unanimously, 7-0. Rogers then moved to appoint Daly the Mayor/Pro-Tem with Hitt seconding. The motion passed unanimously, 7-0. As per Section 7.2 of the Vail Town charter: Selection of the Municipal Judge. Newbury moved to appoint buck Allen the Town of Vail Municipal Judge with Foley seconding. The motion passed unanimously, 7-0. The third item on the agenda was adjournment. 1 Newbury moved to adjourn with Hitt seconding at approximately 12:10 p.m. The emotion passed unanimously, 7-0. Dick Cleveland, Mayor ATTEST: ~ i Lor lei Donaldson, Town Clerk N ,SOW... OF L ~9< • . S,~ • A Minutes provided by Corey Swisher. ~ c•. o•••........ ~ORAt~ 2 Vail Town Council Evening Meeting Minutes Tuesday, November 20, 2007 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 Rod Slifer. Members present: Dick Cleveland, Mayor Margaret Rogers Mark Gordon Andy Daly, Mayor Pro-Tem Kevin Foley Kim Newbury Farrow Hitt Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was the Town Manager's Report. • Construction Update. Public Works Director Greg Hall reported construction is winding down. Good weather has allowed progress on all projects. Hall explained work on Seibert Circle art feature is continuing with completion scheduled in December. Hitt thanked Hall for facilitating additional streetscape in LionsHead. He said the merchants were appreciative. • Water Quantity/Quality (QQ) Update. Staff spoke with Chuck Ogilby who said he had an upcoming water quality meeting and preferred to report back to Council after that meeting. The third item on the agenda Iron Casting Workshop and Events. Council approved a request 7-0 by Art in Public Places (AIPP) Coordinator Leslie Fordham for funding to host an Iron Casting Performance in Vail in January- 2008, following approvals made by the AIPP board. During the discussion, Fordham explained that nearly 20 artists and a total of 55 participants would take part in a 5,000 year old process of iron casting works. This would include heating metal in cauldrons and then pouring it into molds made by community members. The event would take place for three evenings, Jan. 18-20 near the International Bridge. In addition to the three evening performances, the artists will conduct workshops with community members as well as 1 work with Vail schools. Artwork produced at the event would then be on display at the Vail Library. Fordham said both the Vail Fire Department and the town's Human Resource director have given approval regarding risk and safety of the event. The total cost of the event is $40,185 and would include workshops, materials, event production, advertising, brochures, video and still photographic documentation. Town Attorney Matt Mire clarified the artists would be required to carry adequate liability insurance. Hitt moved to approve the project with Rogers seconding. The fourth item on the agenda was a discussion of the Willows Public Art Obligation. Council approved 7-0 a proposal by AIPP Coordinator Leslie Fordham to allow the Willow's public art condition to be used for an art festival versus standing art pieces. AIPP's proposal included a $50,000 standing obligation of the Willow's redevelopment, also known as Triumph Development, plus an additional $50,000 donation from Triumph for an annual art event. Fordham said the event, which would be called Triumph Winterfest, would use ice, snow, illumination and wind components in areas near the Gore Creek Promenade. Fordham said, in addition to the $50,000 obligation and the donation of another $50,000 by Triumph, Winterfest could be a five year event lasting through Vail's 50th anniversary in 2012. Fordham said the AIPP board envisions the event growing in size and reputation each year and with additional sponsors it would be a successful program. Following approval by Council, the first Triumph Winterfest is scheduled to begin Jan. 8, 2008. The event will feature ice sculptures, with an environmental theme, designed by artist Lawrence Argent, who is known for his Big Blue Bear at the Denver Convention Center. Hitt moved to approve the project with Gordon seconding. The fifth item on the agenda was Council Committee Appointments. Council voted unanimously to approve the following committee appointments. COMMITTEE/TASK FORCE. COUNCIL MEMBERS 1. NWCCOG Dick Cleveland -Voting Staff: Stan Zemler -alternate 2. NWCCOG Water Quality/ To Be Determined Quantity Committee 3. CAST Dick Cleveland -Voting Staff: Stan Zemler 4. VRD/Council Subcommittee Mark Gordon Andy Daly Staff: Stan Zemler Staff: Pam Brandmeyer 5. Commission on Special Events Staff: Kelli McDonald Staff: Pam Brandmeyer 6. Bravo! Vail Valley Music Festival Margaret Rogers -Voting Staff: Pam Brandmeyer 2 7. Town of Vail Housing Authority Kim Newbury -Voting Representing community-at-large 8. Channel 5 Vail Valley Community Mark Gordon -Voting Television Board Staff: Pam Brandmeyer, Voting/ Community Member 9. Art In Public Places Margaret Rogers -Non-Voting 10. Mauri Nottingham Environmental Farrow Hitt -Voting Award 11. Vail Valley Exchange/Sister Cities Kim Newbury -Voting 12. Eagle County Regional Transportation Kevin Foley Authority Staff: Mike Rose -Alternate (more) Town of Vail Add 4/ Nov. 20 Highlights 13. Ford Park Parking Management Plan Staff: Pam Brandmeyer 14. TOV Open Space/Charter Committee Mark Gordon -Voting Stan Zemler -Voting David Viele / PEC -Voting 15. Colorado Ski Museum and Ski Hall of Fame Dwight Henninger -Advisory 16. Vail Youth Recognition Award Kim Newbury -Voting 17. Vail Alpine Garden Foundation Board Staff: Pam Brandmeyer 18. Vail Local Marketing District Advisory Council Mark Gordon -Voting Farrow Hitt- Alternate 19. Parking Task Force Kevin Foley -Voting Farrow Hitt -Voting 20. Vail Child Care Center Kim Newbury Staff: John Power 21. Rural Resort Region Dick Cleveland Andy Daly- Alternate Staff: Stan Zemler 22. Donovan Park Pavilion Diana Donovan Staff: Pam Brandmeyer 23. Timber Ridge Affordable Housing Corporation (`TRAHC") 3 Town Manager, President Community Development Director Public Works Director Facility Maintenance Manager Finance Director 24. Visitor Center Sub-Committee Kim Newbury Farrow Hitt Staff: Stan Zemler Staff: Suzanne Siiverthorn Staff: Krista Miller 25. Eagle County Blue Ribbon Mark Gordon Working Housing Committee 26. Eagle County Blue Ribbon Housing Margaret Rogers Committee Technical Advisory Committee 27. Eagle County Citizens Open Space Greg Moffet Advisory Committee 28. Vail Economic Advisory Council Mark Gordon Dick Cleveland 29. Chamonix Parcel Planning Committee Margaret Rogers Andy Daly 30. Rocky Mountain Rail Authority Staff: Stan Zemler Staff: Greg Hall 31. I-70 Transportation Corridor Coalition Staff: Stan Zemler Staff: Greg Hall Farrow Hitt Newbury moved to appoint staff, Council and community members listed on a provided committee/task force document provided by Pam Brandmeyer, dated November 20, 2007 with Daly seconding. The sixth item on the agenda was the first reading of Ordinance No. 32, Series of 2007, an Ordinance to enact prescribed regulation amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards. Council voted 7-0 to approve modifications to the town's sign code as it relates to seasonal promotional signage, menu/ specials boards and lease options for displays on public and private property. Town Planner Rachel Friede explained the modifications had been reviewed and recommended for approval by the Vail Economic Advisory Council (VEAC) and Planning and Environmental Commission (PEC). The Council approved text modifications as follows: 4 • Menu boxes will be limited to two menu boxes of up to 6 sq. ft. and one specials board of up to 3 sq. ft. per business frontage with a public entrance. This has changed from allowing one menu box of up to 6 sq. ft. • Unlimited number of sales signs for up to 3 sq. ft of signage. Prior, businesses were allowed one sale sign of up to 1.5 sq. ft. with a special provision for additional signage during the winter. • Outdoor displays on public right-of-ways will be leased via a new leasing program to be created by the town. The leasing will be reviewed by Council during an upcoming meeting. Prior, outdoor displays were allowed in commercial and business districts on a business' own property, without regulation. Hitt clarified the allowed square footage of displays is measured from the outside edge to the outside edge of the display case. Rogers verified there was no time limit on the amount of time a sale sign could be displayed. Newbury moved to direct staff to proceed and develop a public signage leasing program and limit the number of menu boxes to one equaling a maximum of six square feet with Rogers seconding. The seventh item on the agenda was the first reading of Ordinance No. 34, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 8B, Block 2, Vail Potato Patch, from High Density Multiple Family (HDMF) District to Housing (H) District Council voted unanimously to approve a request to amend the town's official zoning map to a Housing (H) District on Lot86, Block 2, Vail Potato Patch. Town Planner Scot Hunn explained the rezoning would allow the property owner to build 63 new, deed restricted employee housing units. Hunn said the PEC recommended approval for the rezoning at its Oct. 8 public hearing. The H District zoning was created five years ago and currently only applies to Middle Creek and Timber Ridge. Representing the Vail Village Homeowner's Association, Jim Lamont questioned the lack of master planning on H District parcels and encouraged Council to follow design standards as projects are approved. Cleveland thanked the applicant for his efforts to provide non-required employee housing. Newbury moved to approve the project with Gordon seconding. The eighth item on the agenda was the first reading of Ordinance No. 35, Series of 2007, an ordinance amending Sections 12-61-3, Conditional Uses, and 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to add "Professional Offices and Business Offices" to the list of allowable conditional uses in the Housing (H) District. Council voted 7-0 to approve a text amendment to the town code to allow 15 percent of the total square footage of an H District project to be professional and business offices. This follows a recommendation by the PEC at its Oct. 8 public hearing. Community Development Director George Ruther clarified the background rationale for allowing 15 percent is determined when the housing square feet totals are completed. Community member Tom Steinberg questioned whether adequate parking would be able to exist on the site with the inclusion of business offices. Newbury moved to approve the ordinance with Daly seconding. The ninth item on the agenda was the first Reading of Mil Levy Certification, Ordinance No. 36, Series of 2007. 5 Council voted 4-3 (Daly, Cleveland, Hitt opposed) to approve certification of the town's 4.742 Mil Levy for 2008 to Eagle County. Finance Director Judy Camp explained the mil levy assessments must be certified to Eagle County for annual collection. Daly questioned why property tax revenue would increase a projected 53 percent in 2008. Camp explained the increase is unusual and is being attributed to new projects being completed. Camp also explained that Town of Vail residents are taxed a total of 49.625 mils with the town's mil at less than ten percent of this at 4.69 percent. Daly motioned to lower the mil levy to reduce the property tax generated revenue by $300,000 with Hitt seconding. The motioned failed 3-4 (Newbury, Gordon, Rogers and Foley opposed). Newbury, Gordon and Rogers spoke in opposition to the motion explaining the town recently passed the construction use tax to compensate for a projected capital improvement shortfall and the reduction in the mil levy would be inconsistent to the voters. Hitt said he believed the construction use tax would remedy the shortfall subsequently justifying a mi! levy reduction. Newbury moved to pass the ordinance as read with Gordon seconding. The tenth item on the agenda was a discussion of Draft Ordinance No. 37, an ordinance adopting a use tax on building and construction materials; amending Title 2, Revenue and Finance, Vail Town code with the addition of Chapter 8 "Use Tax on Building and Construction Materials. Council discussed implementation of the four percent construction use tax on building and construction materials consumed or used in the town, approved by voters Nov. 6. Proceeds of the tax are to be used exclusively for capital acquisitions and capital projects in the town. Finance Director Judy Camp explained Colorado's provisions required for implementation include: • Construction materials can not be taxed twice and no double taxation (two jurisdictions taxing the same product) could occur. • Cannot tax on materials, which have been committed by contract. • Non-profits and government entities are exempt from the tax. During the discussion, Town Attorney Matt Mire asked Council four questions specific to implementation of the tax to be considered during first reading of the ordinance. 1) When will the tax be collected? Camp explained most municipalities collect the tax with building permit fees. 2) Considering projects estimate their value at 50 percent materials and 50 percent labor, shall the tax be considered at 50 percent of the total valued building permit? Mire explained most municipalities collect at 50 percent of the total project valuation. 3) Shall deed restricted housing being exempt? Newbury had questions on how this would be considered and whether to exempt employee housing when it is required for development, versus employee housing that goes over the requirements of a development. Community member Bob Armour encouraged council to exempt employee housing as a means to encourage the community to build more. Tom Steinberg emphasized there would be opportunities for someone to avoid the tax if purchased in another community. 4) Other exemptions such as small projects that could include lower priced remodels and projects applications approved prior to Jan. 1, 2008. Council agreed during discussions to exempt the first $10,000 of any project's valuation. Council also agreed to exempt projects that have approved development applications by Jan. 1, 2008. 6 Mire encouraged Council to be consistent when deciding exemptions as any increase in revenue based on a change in policy would lead into Tax Payer Bill of Rights (TABOR) issues. Mire said a public hearing for approval of implementation will be held Dec. 4 and18 during the Council's evening meeting. The tenth item on the agenda was resolution Number 28, Series 2007. A Resolution Deferring the Regular Meeting of the Vail Town Council, Pursuant to Section 1-5-11 of the Vail Town Code, From January 1 to January 8, 2008 and January 15 to January 22, 2008. Council voted unanimously to approve a resolution that will move the Jan. 1 Council meeting from New Year's Day to the following Tuesday, Jan. 8 and move the Jan. 15 meeting date to Jan. 22. Mire explained pursuant to Title 1, Chapter 5, Section 11, Vail Town Code, for "good cause" the council at a regular meeting preceding the regular meeting which will be deferred may defer the regular meeting to a subsequent date not later than one week after the deferred regular meeting date. Hitt moved to approve the resolution with Foley seconding. The eleventh item on the agenda was Adjournment. Newbury moved to adjourn with Daly seconding at approximately 8:05 p.m. The motion passed unanimously, 7-0. Dick Cleveland, Mayor ATTEST: ~Q~N'~F.~;9 • ~~Ai, Lorelei Donaldson, Town Clerk cc~, Minutes provided by Corey Swisher. 7 Vail Town Council Special Meeting Minutes Tuesday, December 4, 2007 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 Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Stephen Connolly suggested Council begin enhanced support of green initiatives. One example, he said, would be to eliminate distribution of bottled water at town meetings. Dave Chapin asked for more "common sense" parking enforcement and described a situation called "looping" in which violators receive a ticket. Paul Rondeau suggested a brochure be available to residents who wish to speak before Council (instructing them on protocol and etiquette). He then asked for more _ transparency when reporting the town's property and construction use tax revenue. He also asked how a topic became part of Town Council's agenda. Margaret Rogers clarified how a citizen should proceed. Foley entered the Council Chambers at approximately 6:15 p.m. Representing the Vail Chamber & Business Association, Kaye Ferry reported the Colorado Department of Transportation had recently held an informational meeting regarding I-70 paving mitigation. Cleveland read Proclamation 1, Series of 2007, A proclamation honoring a group of skiers from Montreai, Canada, who have been visiting Vail for 35 years. The second item on the agenda was the Consent Agenda. a. Approval of November 6, 13 & 20 Minutes 1 Foley moved to approve the November 6 minutes with Hitt seconding. The motion passed unanimously, 4-0. (Newbury, Foley, Gordon and Hitt voting, the "sitting" Council) Foley then moved to approve the November 13 & 20 meeting minutes with Hitt seconding. The motion passed unanimously, 7-0. b. Lease of town owned properties located at 241 South Frontage Road West, Suite 2 and 100 East Meadow Drive, Unit 2 to Plum TV, Inc. Mire asked Council to make a motion approving and authorizing the Town Manager to execute, on behalf of the town, the lease agreement between Pfum TV and Town of Vail in substantially the same form as presented and to take whatever steps are necessary to complete the execution of the lease agreement. Daly moved to approve the lease with Newbury seconding. The motion passed unanimously, 7-0. For more information, contact Matt Mire at 479-2460. The third item on the agenda was the Town Manager's Report. Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of October are expected to be $679,308, up 10.6% from October, 2006. Year-to-date collections of $15.3 million through October continue to exceed last year's year-to-date by 7.2%. For comparison, inflation as measured by the consumer price index was up 3.5% in October compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $2.5 million through November 27, up 24% from the same period last year. Year-to-date permit fees include $1.8 million from major construction projects: 9 Vail Road, the Arrabelle at Vail Square, Cascade, Forest Place, Four Seasons, Front Door, Landmark, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz-Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Through November 27, 2007, the town has collected a record $981,707 in recreational amenities fees, compared with $117,501 for the full year 2006. Contributing to this year's high revenue number are Cascade Residences, Four Seasons, Mountain View, Ritz-Carlton Residences and The Willows. Recreational amenities fees are applied to new residential square footage and deposited to the Real Estate Transfer Tax Fund to be used for open space, parks, recreation, and environmental sustainability. Year-to-date RETT collections through November 30, 2007, total $5.1 million compared with $5.4 million for the same time period last year, a decrease of approximately six percent. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail and One Willow Bridge Road contributed $1,081,044 or 21 % of the total in 2007 while only $464,500 or 11 % of the total in 2006 consisted of major redevelopment projects. For details, contact Judy Camp at 479-2119. Construction TCO Status Zemler stated, "We are working diligently to get the Arrabelle open...We are in front of everything else to this point...The Vail Plaza Hotel is looking pretty promising...The loading dock issue is unlikely to be resolved by the time we release a TCO...I know we are pretty close on opening ticket sales and a few of the retail stores (Mountain Plaza, formerly the Front Door)." Update on I-70 Summer'08 Paving 2 Zemier stated he would keep Council abreast of any news or happenings. Zemler then announced, "We will not complete Seibert Circle this winter...We will finish off the stonework and there will be some work taking place at times in the vault...We have another six weeks if not more to get things done there." Rogers said the cost for holiday decorating of the construction site should be charged to the parties responsible for the delay (Wet Design). Hitt clarified that "quiet asphalt" would be used when I-70 is repaved in 2008. The fourth item on the agenda was the Summer Air Update. Town air representative Kent Meyers of Air Planners provided an update on summer air service to Vai!/Eagle County Regional Airport (EGE). Non-stop, full-sized jets fly daily from Dallas, Chicago and Denver and add to the guests' experience with the convenience of direct flights; visitors may also fly direct from major connecting cities, according to Meyers. Flying direct allows EGE guests to bypass time-consuming shuttle services associated with the area's other regional airports. Guests may take advantage of the numerous ground transportation and car rental options available in the terminal, resulting in less hassle and more convenience, allowing faster enjoyment of hiking, cycling, golfing, fishing or any of the other many summer/fall activities of the Vail Valley. EGE is making it even easier for guests to experience more of the Vail Valley by offering daily, non-stop service to Dallas/Ft.Worth in the fall. This means nearly ten months of continuous service into and out of the Vai! Valley. Meyers emphasized the success and continued growth in the use of summer air service. Fall flights will take longer to become profitable and not require a subsidy. For more information, contact Kelli McDonald at 479-2454. The fifth item on the agenda was the First reading of Ordinance No. 37, Series of 2007, An Ordinance Adopting a Use Tax on Construction and Building Materials; Amending Title 2, Revenue and Finance, Vail Town Code with the Addition of Chapter 8 "Use Tax on Construction and Building Materials. Town Attorney Matt Mire explained the construction use tax ballot question approved by Vail voters on November 6th gave Council the authority to implement a four percent tax on building and construction materials consumed or used in the Town of Vail. Proceeds of the tax are to be used exclusively for capital acquisitions and capital projects in the town. Implementation of the tax is accomplished by two readings of an ordinance which sets the policy and administrative details relating to the tax. Hitt clarified the first $10,000 of all projects would be exempted. It was reported the Vail Local Housing Authority (VLHA) recommended no exemptions be made for affordable housing. Hitt moved to approve the ordinance with Rogers seconding. During a pause for public comment, Stephen Connolly asked how the ordinance would apply to duplexes. Mire explained the exemption was based on individual building permits. `The exemption applies equally to everyone in the community." Former Mayor Bob Armour clarified building permit applicants would not be able to avoid the cost of the tax by applying for multiple building permits for a single project. Dominic Mauriello clarified minor amendments to projects would not be subject to the tax. Mire subsequently referred Mauriello to Section 2-8-3 of the Ordinance. "If any approval expires by its terms after January 1, 2008, such application for development review shall then be subject to the use tax imposed by this Chapter:' Carol Alleman asked for clarification in the method used to determine project 3 valuations. Council then discussed considerations for potential refunds for deed restricted employee housing. The motion passed unanimously, 7-0. For details, contact Matt Mire at 479-2460. The sixth item on the agenda was the consideration of an amendment to the 2004 Core Site Development Improvement Agreement in regard to housing obligations. Due to a predetermined conflict of interest (Vail Resorts affiliation), Gordon recused himself from the item and left the Council Chambers. Zemler began the discussion by saying, "We are seeing significant improvements in the facilities and services available in LionsHead through the development of Arrabelle...That is certainly in the town's best interest...The North Day Lot represents new, incremental housing for the community...lt requires they move forward with diligence and they move forward with good faith:' Rogers spoke in favor of Vail Resorts pursuing apay-in-lieu option. Foley asked if the Council Members present in 2404 believed the current situation is how they envisioned the process unfolding. Cleveland responded, "Our issue now is to resolve the problem not talk about how we got here...lt's in nobody's best interest that the Arrabelle stay closed...This gets us to where we are trying to go...lt seems to me the details can be worked out...lt seems there needs to be trust on each side...lf all we pursued was pay- in-lieu, we would be putting Vail Resorts burden of housing on the shoulders of the Town of Vail." Newbury interjected, "We can't set them (Vail Resorts) up for failure...) also think it is important we are not tying our hands." Hitt commented, "If they don't submit by March 30, we cash the letter of credit...Then we call it a day and we move on and hopefully everyone has learned some lessons from it." Community Development Director George Ruther said it was a realistic expectation that the development review process for a North Day Lot project could be accomplished in eight months. During public comment, Kaye Ferry clarified that any pay-in-lieu option would include a consumer price index adjustment. She then asked, "Why is Ever Vail not an option for housing?" Dave Chapin clarified 120 employee beds were required to fulfill Vail Resorts employee housing requirement for the Arrabelle at Vail Square. Vail Resorts Development Company President Keith Fernandez stated, "Our last desire is that the letter of credit would be the cashed...We feel confident we can have a plan by March 1...And we think we can five with some of the other dates that have been proposed...! appreciate a!! of your efforts and we seek resolution." Representing the Vail Village Homeowners' Association Jim Lamont stated, "I hope this is the beginning of a new beginning and we move smartly on." Tom Neyens commented, "I've appreciated the Arrabelle being closed as my business has prospered...) know people who own (property) around the North Day Lot and I'm not so sure how that will go over." Packy Walker stated, `Thirty years ago we dropped the ball on housing...You are going to find this winter to be very telling for this town because there are not going to be any employees to run it." Carol Alleman said, "We have continually ignored the topic of employee housing...Our whole community is in a crisis...You can't even get bad people to apply for your jobs...) think it is totally wrong to let Vail Resorts off on this issue." Dana Johnson requested strict timelines and penalties be imposed on Vail Resorts if they were unable to provide their required housing. Hitt then moved, "to make an amendment to the Care Site Development Improvement Agreement to work with diligence and in good faith to obtain appropriate development application approvals for the North Day Lot no later than October 31, 2008. If appropriate approval is obtained by October 31, 2008, Vail Resorts will commence construction on the North day Lot no later than May 1, 2009. Upon issuance of a TCO for the North Day Lot project, the Letter of Credit (LOC) will be returned to Vail Resorts." The motion did not receive a second. Neyens then encouraged 4 Council to support the housing requirement being met somewhere other than the North Day Lot as potential litigation might delay the actual supply of employee housing. Fernandez said, "I'm concerned that we would be taking a lot of alternatives off the table...l can't understand what would be lost by not having those options...There are some planning issues on North Day that are out of our control." Town legal representative Malcom Murray informed Council, "You can always amend an agreement you have entered into." Council agreed to call a special meeting at 2 p.m. December 11, 2007. Daly moved to continue negotiations with Newbury seconding. Walker expressed concern the proposal would provide no new housing for three to five years. The motion passed 4-2, with Foley and Hitt opposed. For more information, contact Stan Zemler at 479-2106. The seventh item on the applicant, the Town of Vail, is requesting a first reading of Ordinance 33, Series of 2007, an Ordinance to enact prescribed regulation amendments to Title 12, Vail Town Code, to require public art for certain new development and redevelopment projects in Lionshead Mixed Use 1, Lionshead Mixed Use 2, Public Accommodations, Public Accommodations 2, Commercial Core 1, Commercial Core 2, Commercial Core 3, Ski Base Recreation, and Ski Base Recreation 2 Daly moved to approve the ordinance with Rogers seconding. Newbury asked if variances could be granted. Mire stated it was a zoning issue and variances would be difficult. Cleveland spoke in vehement opposition to the ordinance. "I think this is contrary to what government is supposed to do." AIPP Board Member Doe Brown spoke in support of the ordinance and said it would help eliminate developer confusion in regard to public art. Mire and Rogers spoke in support of providing more detail and process for developers. During public comment, Kaye Ferry asked how a PEC denial became a staff recommendation. The motion failed 3-4, with Daily, Gordon and Rogers voting in favor. Council gave direction to staff to explore further public art options with regard to the process in the event public art is agreed upon as a preferred mitigation action. The eighth item on the agenda was the First Reading of Ordinance No. 38, Series of 2007, An ordinance making supplemental appropriations to the Town of Vai! General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Heavy Equipment Fund of the 2007 Budget for the Town of Vail Colorado; and authorizing the expenditures of said appropriations as set forth herein Manager of Budgets and Financial Reporting Kathleen Halloran reported the third supplemental appropriation included a $3.6 million increase in revenue and approximately $900,000 in expenses. Newbury moved to approve the ordinance with Foley seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was the tabling of the second reading of Ordinance No. 32, Series of 2007, an Ordinance to enact prescribed regulation amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards. Daly moved to table the ordinance until December 18 with Newbury seconding. The motion passed unanimously, 7-0. The tenth item on the agenda was the Second reading of Ordinance No. 34, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance s with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 8B, Block 2, Vail Potato Patch, from High Density Multiple Family (HDMF) District to Housing (H) District On October 8, 2007, the PEC held a public hearing on a request to amend the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 8B, Block 2, Vail Potato Patch, from High Density Multiple Family (HDMF) District to Housing (H) District (PEC07-0059). Upon review of the request, PEC voted unanimously (5-0-0) to forward a recommendation of approval of the request to amend the Official Zoning Map to the Vail Town Council. On November 20, 2007, the Council voted unanimously to approve Ordinance No. 34, Series of 2007, on first reading. Hitt clarified the employee housing units were intended to be used by Sonnenalp Resort employees. Newbury moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was the second reading of Ordinance No. 35, Series of 2007, an ordinance amending Sections 12-61-3, Conditional Uses, and 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to add "Professional Offices and Business Offices" to the list of allowable conditional uses in the Housing (H) District On October 8, 2007, the PEC held a public hearing on the request for a text amendment to the Vail Town Code. Upon consideration of the request, the Commission voted unanimously (5-0-0) to forward a recommendation of approval of the text amendment request to the Vail Town Council. On November 20, 2007, Council voted unanimously to approve Ordinance No. 35, Series of 2007, on first reading, with suggested revisions to the text amendment. Staff has made the requested revisions to the text and presents the Ordinance for second reading. Newbury moved to approve the ordinance with Daly seconding. The motion passed unanimously, 7-0. The twelfth item on the agenda was the second reading of Mill Levy Certification, Ordinance No. 36, Series 2007. Gordon moved to approve the mill levy certification with Rogers seconding. Daly clarified if Council chose to reduce the mill levy for one year, it would be very difficult to reestablish the mil( levy in future years. Mire stated that outside legal counsel and the Department of Local Affairs had been consulted as well, and both sources agreed that once the mill levy is reduced, the town would not be able to increase it back to the original levy without a vote of the people. Gordon emphasized a reduction would mean a very minimal reduction in the town's portion of residents' tax bills. Rogers proposed the additional funds be deposited into a "rainy day fund." Hitt clarified the town mill levy accounted for 9.5% percent of his constituents' tax bill and inquired about other property tax recipients. Judy Camp identified the school district as receiving approximately 39% of a Vail property owner's tax bill and the county at 17%. During a pause for public comment, Joe Staufer said it was unethical to not reduce the mill levy as the recently passed construction use tax was intended to supplement property tax revenue. Packy Walker encouraged marketing the town better as opposed to collecting more tax revenue. Tommy Neyens asked council to be responsible with their spending. Mire clarified it is illegal to increase property taxes and would be a violation of state law; the increase in residents' tax bills is due to increased property valuations. Newbury qualified the town's assessed values actually dropped in 2004. During public comment, Dana Johnson said her tax bill would double. Kaye Ferry, referring to the assessment ratio applied to various types of property, reminded Council it was a three to one ratio for businesses. Representing the Vail Village Homeowners' Association, Jim Lamont said he would err on the side of keeping the public's trust in place. The motion failed 1-6, with 6 Gordon in favor. Cleveland proposed the option of forgoing the abatement portion of the town's levy as a good faith gesture. The town is legally able to do this without losing ` future opportunity to collect abatements. Rogers moved to pass the ordinance with a zero abatement levy with Newbury seconding. The motion passed 6-1, Gordon opposed. For details, contact Judy Camp at 479-2119. The thirteenth item on the agenda was adjournment. Newbury moved to adjourn with Hitt seconding at approximately 9:45 p.m. The motion passed unanimously, 7-0. ~D~N•OF •V'9 I i~ ~~ir~ii SEAL : Dick Cleveland, Mayor • ATTEST: C'0 •••'Op ~ORP ""l ~ ~ Lor ei Donaldson, Town Clerk Minutes provided by Corey Swisher. 7 Vail Town Council Special Meeting Minutes Tuesday, December f f, 2007 2:00 P.M. Vai! Town Council Chambers The special meeting of the Vail Town Council was called to order at approximately 2:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kevin Foley Kim Newbury Margaret Rogers Not Present: Farrow Hitt Mark Gordon Staff Members: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was an Executive Session, pursuant to 1) C.R.S. §24-6- 402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Re: Satisfaction of Vail Resorts Development Company housing obligation. Newbury moved to adjourn to Executive Session with Rogers seconding. The motion passed 4-1, with Foley opposed. No decisions were made. The second item on the agenda was a proposed amendment to the Core Site Development Agreement as it relates to the employee housing obligation. Council was asked to consider a proposed amendment to the core site development (Arrabelle at Vail Square) agreement as it relates to employee housing requirements. Vail Resorts Chief Executive Officer Rob Katz stated, "Vail Resorts and the Town of Vail are in alignment around the goals to increase the amount of employee housing in the Town of VaiI...The commitments we made are ones we will keep and honor and we are not looking away from that...The only issue that I would want to raise is in regard to location." He then raised concerns about potential appeals and litigation from residents (surrounding the North Day t_ot) which would be out the hands of Vail Resorts. "Our letter of credit would need to remain outstanding until any litigation would be decided." Katz then confirmed Council was not interested in pursuing a Timber Ridge project in relation to Vail Resorts fulfilling their employee housing requirements for the Arrabelle at 1 Square. Newbury said, "No one on Council said it was Vail Resorts responsibility to redevelop Timber Ridge." Daly commented, "It is likely we will step back and do a master plan on Timber Ridge that reflects the long term housing needs of the community." While discussing locating employee housing on the North Day Lot Katz noted, "Approval in LionsHead will be difficult and lengthy to address." He then announced there was a potential opportunity to place employee housing on the parcel referred to as Solar Vail in conjunction with an existing project. Without running into neighbor or lots of other potential conflicts. "`Why should we be tied down to one of the complex and divisive locations in Vail," Katz continued. Newbury suggested Vail Resorts consider submitting a proposal for the North Day Lot that complies with zoning and not request excessive variances that would motivate angst from adjacent property owner. "Use by right makes it much more difficult for the neighbors litigate. Ruther clarified employee housing was a use by right on North Day Lot parcel. "As is transit as it is noted in the LionsHead Master Plan." Newbury clarified the original core site development agreement contemplated all of the housing lost due to redevelopment would be replaced. Foley said he full supported the housing being located in LionsHead. Katz exclaimed, "I'm disappointed in this direction...lts something the community doesn't want, and we'll be in the middle of this battle." During a pause for public comment, Steve Maroney said they (Vail Resorts) had not offered any viable alternative locations for the employee housing to be located. Rogers clarified the amendment to the development improvement agreement would be binding to any successor to Vail Resort (In the event the corporation would be acquired by another). Tom Neyens spoke in favor of generating more beds. We should have had housing right now as per the original agreement...The whole idea is getting beds as soon as possible...Take your time. We'll (LionsHead business operators) survive if the Arrabelle doesn't open. Kaye Ferry said employee housing is an essential thing to do and it needs to happen in the Town of Vail. "I don't know if the best use of land is in the core of LionsHead...Which ever option gets us there faster is what we are looking for...We can't just wait another four or five years to get something done." Former Vail Mayor Bob Armour clarified, "If we follow existing zoning we do not have to fear litigation on the North Day Lot." Cleveland concluded the discussion by explaining Council was open to taking any application and reviewing it fairly. Katz asked if Vail Resorts could approach the Council with conceptual ideas prior to bringing a proposal to the PEC. Council agreed it would be appropriate; however recommendations on matters of bulk, mass, density would be required from the PEC. Daly moved to approve Resolution 29, Series of 2007 with Rogers seconding. The motion passed, 4-1, with Foley opposed. Resolution #29 formalizes a set of conditions: • Vail Associates will post an irrevocable letter of credit (LOC) in the amount of $17,345,789, in a form satisfactory to the town. Upon posting of the LOC the Core Employee Housing Requirements will no longer act as a roadblock to the issuance of a temporary certificate of occupancy for the Arrabelle Project. • Vail Associates wil! submit to the town, by February 25, 2008, a complete development review application for a project or projects in town, which include at least 120 newly constructed employee housing beds to comply with the Core Employee Housing Requirements. • Vail Associates ar a third party obtain approval of a development review application for the North Day Lot or alternate site by November 5, 2008 and the town will work in good faith to provide any approvals by such date for a timely filed application, all in accordance with the review standards. 2 • Vail Associates or a third party developer will obtain a building permit for the construction of the North Day Lot or alternative project and shall begin construction of a North Day Lot or an alternative project no later than May 1, 2009. • A "breach" or default" by Vail Associates under this agreement is: (a) the failure of Vail Associates no later than November 5, 2008, to obtain from the town a complete development review approval for the North Day Lot or alternative Project; (b) the failure of Vail Associates, by no later than November 5, 2008, to obtain from the Colorado Department of Transportation (CDOT), if necessary, all necessary approvals by CDOT for the North Day Lot or alternative project; (c) the failure of Vail Associates to obtain a building permit for the construction of the North Day Lot or alternative project and shall begin construction of the North Day Lot or alternative project on or before May 1, 2009 (unless this date is extended) or (d) any failure by Vail Associates to actively pursue construction of the North Day Lot and/or alternative project pursuant to a building permit for the construction of the North Day lot or alternative project once construction has commenced. The formal documents have yet to be finalized. --Adjournment. Newbury moved to adjourn with Foley seconding. The motion passed unanimously, 5-0. /1. O~? O F .VA/~. ~ Dick Cleveland, Mayor ATTEST: OLO~P~ Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 3 Vail Town Council Special Meeting Minutes Tuesday, December 18, 2007 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 Staff Members: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was a Rod Slifer Recognition. Council and Town Manager Stan Zemler acknowledged the service and dedication of former Vail Mayor Rod Slifer by presenting him with a ceremonial gavel. The second item on the agenda was a Battle Mountain High School Cross Country State Championship Recognition. Council acknowledged the recent state championship for the second year in a row received by the Battle Mountain High School Cross Country team. The third item on the agenda was Citizen Participation. Contractor Mike Dantes requested parking relief at construction sites in Vai!'s outlying areas. Daly said the issue had been discussed earlier in the work session. Zemler said he would consult with staff to inquire about possible options. Newbury said she did not want construction vehicles to be directed toward neighborhood parks as a parking option. The fourth item on the agenda was the Consent Agenda. • Annual appointment of newspaper of record for Town of Vail publications and notices for 2008. The town annually establishes a newspaper of record for all public notices. Town staff recommends accepting the bid from Eagle Summit Publishers, owner of the qualifying newspapers in Eagle County, including the Vail Daily. • Election Commission Appointments for the Town of Vail. 1 The election commission consists of the town clerk and two qualified and registered electors of the town, who during their term of office shall not be town officers or employees or candidates or nominees for elective town office. These two members shall be appointed by the council in the first December following a regular town election, for a term of two (2) years and shall serve without compensation. The town clerk shall be chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the election commission may require proof of residency by any person registered to vote or attempting to register to vote in the Town of Vail. Said person shall not be qualified to vote in any municipal election until the election commission is satisfied that she has presented sufficient proof of residency as required by law or ordinance adopted pursuant to this Charter. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns and for the issuance of appropriate certificates. The two recommended commissioners were Vi Brown and Summer Holm. Newbury moved to approve the consent agenda with Hitt seconding. The motion passed unanimously, 7-0. The fifth item on the agenda was the Town Manager's Report. • Wildlife Ordinance Update. Police Chief Dwight Henninger reported that since April 15 residential households with curbside pickup have been required to use awildlife-resistant trash container. Also, commercial establishments, multi-family properties and construction sites have been required to use wildlife-proof containers or an approved enclosure since Aug. 1. A community awareness campaign has contributed to a significant amount of voluntary compliance, according to Chief Henninger, while offenders have been met with increased enforcement at the direction of the Town Council. To date, 432 warnings have been issued compared to 135 in 2006; and there have been 86 summonses this year compared to 40 issued in 2006, which was a deadly year for bears in Vail. That was when two bears who had been entering homes for their food were euthanized, causing the Town Council to work with the community to explore stricter ways to regulate the disposal of trash. Police statistics are already beginning to illustrate the impact of the new trash removal requirements on bear behavior, according to Henninger. There was an 18.7 percent decrease in bear activity Thursday through Saturday and a 70 percent decrease during the daytime hours when compared to 2006. Henninger theorizes the patterns changed when easy garbage meals found in previous seasons were not readily available. In addition, while the majority of the berry crops in the state failed this year, the local crop was partially viable, which caused bears to spend the bulk of their foraging hours in their natural environment. The bears came into the neighborhoods more often at night to attempt to feed when fewer humans were present, he said. Henninger said residents must remember to keep their containers latched year-round as required to prevent raccoons, birds and other wildlife from accessing trash. The department is recommending continuation of aggressive enforcement efforts in 2008 in the hopes of contributing to a second successful bear season. Henninger then thanked Detective Ryan Millbern for his work researching and promoting the wildlife ordinance. 2 The sixth item on the agenda was Appointments to the Commission on Special Events (CSE), Vail Local Marketing District Advisory Council (VLMDAC), Design Review Board (DRB), and Planning & Environmental Commission (PEC). Earlier in the day Council interviewed applicants for the board openings. Newbury moved and Daly seconded the appointment of the following: CSE: Bobby Bank, Rayla Kundolf, Robert McKown and Scott Stoughton; VLMDAC: John Dawsey, John Monson, Laurie Mullen and Peter Hayda; DRB: Elisabeth Plante; and PEC: Susie Tjossem. The motion passed unanimously, 7-0. The seventh item on the agenda was discussion & direction in regard to Open/Hillwood (OH) proposal to redevelop the LionsHead Parking Structure. In introducing the item, Town Manager Stan Zemler noted the LionsHead parking structure redevelopment agreement with Open/Hillwood had provided fora 60-day period in which a companion proposal for redevelopment of Timber Ridge would be evaluated by the Town Council. Now that the 60-day period has ended, Zemler suggested the Council had three options: 1) reject the proposal; 2) extend the review period to address unanswered questions; or 3) initiate a letter of intent to advance the proposal. During discussion by the Council, Rogers received clarification that if the parking structure is not redeveloped OH could continue to pursue redevelopment of Timber Ridge as a stand-alone project. OH representative Mark Masinter presented an aggressive timeline that would be used to start construction by April 2009. "We need to pursue this project now to meet the proposed time Iine...We can come up with a room configuration everyone can agree to," he said. The redevelopment concept proposed by OH includes the sale of two-thirds of the property for $13.2 million and the construction of 1,300 beds to be built around structured parking. Rogers asked if the Timber Ridge parcel had been appraised. "I'd like to know what that land is worth before we sell it." Masinter confirmed the property would have to be owned by OH to be redeveloped. "The economics just aren't there otherwise." A Lincoln Properties representative explained the price structure of constructing structures at various heights (stories). "Structured parking adds $40 per square foot but it offsets the land cost...lt's the cheapest construction cost for the best density." Daly asked about the project design and how the proposed layout had come about. Masinter explained OH had discussed the design and layouts with the future users of the leased units. Zemler asked for a much more detailed pro-forma before the town could proceed. Gordon confirmed the property would remain deed restricted. However, the town can not control what rent would be charged. He then asked for assurance the property would remain deed restricted workforce housing in perpetuity. Masinter said OH would be open to allowing the town to retain a small percentage interest in the property in order to maintain rents. Foley said he was not comfortable selling town land. Rogers said a master plan needed to be developed for the property. "I'm not comfortable agreeing to a letter of intent on Timber Ridge until we have the data to ensure this is the best use for the land." Cleveland asked for a very detailed pro- forma. "I need to understand why this makes sense." During public comment, Kaye Ferry said, "I will always oppose the sale of Town of Vail land...) will always support some type of dormitory housing in this project...) don't believe a legitimate RFP was ever issued for this project...) don't think we've ever had an open process." Representing the Vail Village Homeowners Association, Jim Lamont commented, "We need to be careful because we are going to be stuck with this project for a long time." Rogers moved to contract to have a master plan performed and make a determination about highest and 3 best use for the property along with determining the actual value of the property, with Daly seconding. Rogers continued, "I'm not convinced stick-built four-story housing is the best use." The motion was defeated 2-4, with Daly and Rogers voting in favor. Cleveland commented, "Let's get apro-forma and then we can make a decision." Newbury emphasized, "As long as there is a deed restriction on it the Vail Housing Authority does not care who owns the property." Newbury moved to table the item until January 22 with Foley seconding. The motion passed 6-1, with Rogers opposed. For details, contact Stan Zemler at 479-2106. The eighth item on the agenda was the Second reading of Ordinance No. 37, Series of 2007, An Ordinance Adopting a Use Tax on Construction and Building Materials; Amending Title 2, Revenue and Finance, Vail Town Code with the Addition of Chapter 8 "Use Tax on Construction and Building Materials." Mire explained the construction use tax ballot question approved by Vail voters on November 6th gives Town Council the authority to implement a four percent tax on building and construction materials consumed or used in the town. Proceeds of the tax are to be used exclusively for capital acquisitions and capital projects in the town. Implementation of the tax is accomplished by two readings of an ordinance which sets the policy and administrative details relating to the tax. Former Vail Mail Mayor Bob Armour spoke in support of the ordinance. Gordon moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was the owners of two deed restricted Employee Housing Units (EHU) located at 201 Gore Creek Drive (the Bell Tower building) have requested a release of the deed restriction on EHUs located in the Bell Tower. In exchange for the release, the owners are offering to provide the Town of Vail a Type IV deed restricted unit at 4192 Spruce Way (Altair Vail Inn). Housing Coordinator Nina Timm informed Council it was the desire of the Bell Tower EHU owners to remove the two deed restricted EHUs which total 597 square feet, located at the Bell Tower building, and replace them with a new deed restricted EHU located at 4192 Spruce Way #A-201, which is 1,192 square feet. The existing EHU square feet would then be incorporated into the primary residence located on the third floor of the Bell Tower building. The applicant, Dean McFarland, thanked the Community Development staff for their help in understanding the issues. McFarland reported the Altair unit was purchased for approximately $420,000. Rogers expressed concern the new net value to the owner of the Bell Tower unit with the addition of the EHU square footage would be roughly $1,500,000. Representing the applicant, Dominic Mauriello reasoned the additional square footage would be worth $2,000 per square foot as opposed to $2,600. Anne Gunion of VAG Architects clarified the actual square footage of the current EHUs and further elaborated upon the soft costs of remodeling the EHUs. During public comment, Kaye Ferry spoke in opposition saying the proposal was inequitable given the high land values in Vail Village. Hermann Staufer and Axel Wilhelmsen spoke in support of the proposal. Daly thanked McFarland for his presentation. "I believe this proposal does represent a gesture of good will...) think what has been proposed is very consistent with what the town is trying to do." The Community Development Department recommended Council approve the request subject to the applicant providing Altair Vail # A-201 as a price appreciation capped, for-sale unit with a maximum initial sales price of $178,650 to a qualified employee on the existing Town of Vail master resale lottery list. Daly moved to approve the request with Newbury seconding. The motion passed 5-2, with Gordon and Foley opposed. 4 The tenth item on the agenda was the First Reading of Ordinance No. 39, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Sub-Sections 12-7B-2A, Definitions (basement or garden level); 12-7B-3A, Definitions (first-floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-7H-3A, Definitions (first-floor or street level); 12-71-2A, Definitions (basement or garden level); 12-7K-3A, Definitions (first-floor or street level), Vail Town Code, to allow for amendments to the definitions of" Basement or Garden Level" and "First Floor or Street Level."Ruther explained on December 10, 2007, the PEC held a public hearing on a request to amend Section 12-2- 2, Definitions, and Sub-Sections 12-76-2A, Definitions (basement or garden level); 12- 76-3A, Definitions (first-floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-7H-3A, Definitions (first-floor or street level); 12-71-2A, Definitions (basement or garden level); 12-7K-3A, Definitions (first-floor or street level), Vai! Town Code, to allow for amendments to the definitions of "Basement or Garden Level" and "First Floor or Street Level." Upon review of the request, the PEC voted 6-0-0 to forward a recommendation of approval for the requested amendments. Gordon moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was the First reading of Ordinance No. 40, Series of 2007, an ordinance approving a major amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 17, Rams-Horn Lodge Condominiums, for the specific purpose of allowing the remodel and addition to the Rams-Horn Lodge Condominium building, located at 416 Vail Valley Drive; Lot A, Block 3 and Tract F, Vail Village 5th Filing (PEC07-0038). Town Planner Scot Hunn reported that on November 26, 2007, the PEC held a public hearing on a request for a major amendment to Special Development District No. 17, Rams-Horn Lodge Condominiums, to allow for the remodel and addition to the Rams-Horn Lodge building. Specifically, the applicant proposed to add a fourth story to the existing three story building to increase the number of dwelling units from fourteen (14) to sixteen (16), and to increase the number of attached accommodation units from twenty-one (21) to twenty-four (24). As well, the remodel is proposed to allow for the expansion of certain existing units, the expansion and enhancement of common lobby area and the addition of one (1) on-site employee housing unit. Upon review of the request, the PEC voted 5-0-1 (Pierce recused) to forward a recommendation of approval, with conditions, of the request to amend SDD No. 17, Rams-Horn Lodge Condominiums, to Council. Representing the applicant, Rick Pylman and Diane Milligan explained how the proposed valet parking service would function. Milligan then explained most of the hotel's guests are destination skiers and arrive via transit. Newbury said, "I think this is a good plan and it will benefit the neighborhood." Foley moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. For more information, contact Scot Hunn at 477-3551. The twelfth item on the agenda was the First Reading of Ordinance No. 41, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 24, Series of 2004, establishing SDD No. 38, Manor Vail, and setting forth details in regard thereto. The purpose of Ordinance No. 41, Series of 2007, is to allow for a change in the number of dwelling units, located at 595 Vai! Valley Drive, by combining two approved units into a single unit. On December 10, 2007, the PEC held a public hearing on a request for a major amendment to Special Development District No. 38, Manor Vail. The purpose of the major amendment was to reduce the maximum number of allowable dwelling units by one by combining two units into a single unit, located at 595 Vail Valley Drive (Manor Vail Condominiums)/Lots A, B, & C, Vail Village Filing 7, and setting forth details in regard s thereto. Upon review of the request, the PEC voted 6-0-0 to forward a recommendation of approval of the request to amend SDD No. 38, Manor Vail, to Council. Foley moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7-0. For details, contact George Ruther 479-2145. The thirteenth item on the agenda was the First reading of Ordinance No. 42, Series 2007. An Ordinance Amending Title 6, Chapter 3, Vail Town Code, Regarding Criminal Injury to Property, Larceny, Fraud and Related Offenses. Town Attorney Matt Mire explained that effective July 1, 2007, Colorado statute provides that a charge of criminal injury to property with a value less than one thousand dollars will be considered a misdemeanor criminal matter. Additionally, effective July 1, 2007, Colorado Statute, provides municipalities' additional power to prohibit larceny up to one thousand dollars. By amending Title 6, Chapter 3, Vail Town Code, the Town Municipal Court will have jurisdiction over these matters. Rogers moved to approve the ordinance with Daly seconding. The motion passed unanimously, 7-0. For more information, contact Matt Mire at 479-2460. The fourteenth item on the agenda was the First reading of Ordinance No. 43, Series 2007. An Ordinance Amending Title 7, Chapter 3, Vail Town Code, Regarding Parking Infractions; and Setting Forth Details. Mire explained certain text amendments to the Vail Town Code relating to the town's parking regulations are necessary to more effectively enforce the current parking policies. Council directed Mire to better clarify the prohibition against looping (leaving the parking structure and returning every 90 minutes to avoid paying to park). Newbury moved to approve the ordinance with Gordon seconding. The motion passed, unanimously, 7-0. For details, contact Matt Mire at 479- 2460. The fifteenth item on the agenda was the Second reading of Ordinance No. 32, Series of 2007, an Ordinance to enact prescribed regulation amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards Town Planner Rachel Fried stated that on October 8, 2007, the PEC made a recommendation to Council of approval, with modifications. The PEC worked through the text amendments and came up with compromises on the text amendments now proposed in the ordinance. On November 20, 2007, Council unanimously approved, with modifications, Ordinance No. 32, Series of 2007, on first reading. The modifications to Ordinance No. 32, Series of 2007, included limiting display boxes to two per business frontage and allowing specials boards to be freestanding when practical difficulties exist for the specials boards to be attached to menu boxes. Council also requested staff draft regulations for a leasing program of town-owned property to be used for outdoor display of retail goods. The leasing program was proposed as a new Chapter in Title 8, Public Ways and Property, Vail Town Code, and is included as part of Ordinance No. 32, Series of 2007. Representing the Vail Chamber and Business Association Kaye Ferry suggested Council table the item until January 8, 2008. This was to allow local business owners more opportunity to review the ordinance. Daly moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The sixteenth item on the agenda was the Second Reading of Ordinance No. 38, Series of 2007, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Heavy Equipment Fund of the 2007 budget for the Town of Vail, Colorado. Budget 6 and Financial Reporting Manager Kathleen Halloran reported the budget was being adjusted to include an additional $3.6 million in revenue and $928,000 in expenses. Daly moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7-0. The seventeenth item on the agenda was Council Comments on the 2007 Vail Ski Area Improvements Project. Daly asked Vail Resorts representative Tom Allender how many employees the proposed improvements would generate. Allender replied that most of the projects would be developed over the next two to ten years so placing an employee generation number at any given time would be spotty at best. Foley expressed concern the proposed restaurant would take sales tax dollars away from the town. Cleveland clarified the "manage to" number would remain at 19,900 skiers per day at any one time on Vail Mountain. Daly explained a Golden Peak expansion would be an unlikely site for a World Cup race but would facilitate FIS sanctioned junior and senior level races. Daly encouraged Council to voice support for the Golden Peak race expansion. Allender concluded, "It is our goal to keep Vail the No. 1 ski mountain in the world." --Adjournment Daly moved to adjourn with Foley seconding at approximately 10:45 p.m. The motion passed unanimously, 7-0. o~N•OF V,~ • ~ ~ - • S ~ ` ;SEAL : Dick Cleveland, Mayor ATTEST: ooc oRP~° ~ J Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher.