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HomeMy WebLinkAbout2011-11-15 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., NOVEMBER 15, 2011 TOWN OF AQ9' NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM /TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public 2. ITEM /TOPIC: Consent Agenda: Approval of October 4 and 18 meeting minutes. (5 min.) 3. ITEM /TOPIC: Town Manager Report: 1) Conference Center Funds Update - Stan Zemler; 2) New Year's Eve Special Event Discussion - Dwight Henninger; and 2) Lionshead Welcome Center Update - Greg Hall. (15 min.) 4. ITEM /TOPIC: Appointment of Buck Allen as Municipal Judge for the Town of Vail. As per Section 7.2 of the Vail Town Charter. Selection of the Municipal Judge: "I move be elected as the Municipal Judge of the Town of Vail for a two year term which ends at the organizational meeting held by the Council after the regular municipal election in November, 2013." There should be a second to the motion, and then the entire Council is to vote "yes" or "no." Vote by written ballot is an option. This would require a verbal motion of approval to be voted uponl Judge for the Town of Vail for two years, from November, 2011 to November, 2013. (5 min. ) PRESENTER(S): Matt Mire 5. ITEM /TOPIC: First reading of Ordinance No. 22, Series of 2011, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish outdoor ski staging signage, and Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish outdoor ski staging as an accessory use in the Commercial Core 1, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts and to establish basket storage as an 11/15/2011 accessory use in the Commercial Core 1, Commercial Core 2, Commercial Core 3, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts, and setting forth details in regard thereto. (PEC110054) (5 min) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: Table Ordinance No. 22, Series of 2011, to the Vail Town Council's December 6, 2011, public hearing. BACKGROUND: On November 1, 2011, the Vail Town Council held a public hearing on the first reading of Ordinance No. 22, Series of 2011. The Council requested modifications to the proposed ordinance and then tabled the first reading to its November 15, 2011, public hearing. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables the first reading of Ordinance No. 22, Series of 2011, to its December 6, 2011, public hearing to allow Staff additional time to draft the Council's requested modifications to the proposed ordinance. 6. ITEM /TOPIC: First reading of Mil Levy Certification Ordinance No. 24, Series 2011. (10 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 24, Series 2011 upon first reading BACKGROUND: Mil Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. Please note that these numbers are only an estimate. We are waiting for current information from Eagle County for accurate numbers STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 24, Series 2011 7. ITEM /TOPIC: Adjournment (6:55 p.m.) 11/15/2011 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 15, 2011 ITEM /TOPIC: Consent Agenda: Approval of October 4 and 18 meeting minutes. ATTACHMENTS: October 4, 2011 Minutes October 18, 2011 Minutes 11/15/2011 Vail Town Council Meeting Minutes Tuesday, October 4, 2011 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 Kevin Foley Kim Newbury Susie Tjossem Andy Daly Margaret Rogers Members absent: Kerry Donovan Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Rich Ten Braak, representing the Vail Chamber and Business Association (VCBA), stated that on the 20 of October, the VCBA along with the Vail Daily and KZYR will hose the Vail Candidate Forum at the Donovan Pavilion. He also said the merchant ski pass is back and the VCBA, Vail Valley Partnership and Vail Resorts will be offering the pass to local merchants and their staff. He said at least one person from each business needs to attend the annual class, slated to be held on November 3 rd at the Vail Marriott. John Giovando, representing the Bravo Music Festival, recapped the 2011 season. He said 59,000 people attended the Bravo concerts for the season. He said that count included serving 5,000 children in Eagle County. The study done recorded an economic impact of $7.6 million to the Town of Vail. He gave further statistics on media coverage and The Philadelphia Orchestra's new relationship with China. They are looking forward to 2012, which will have great programs including a night of all Gershwin music. He thanked Council for its support over the years and its continued support of Bravo. He said the increase of orchestra costs of 21% is due to The Philadelphia Orchestra not being able to give Bravo continued discounts for their performances. The second item was an appeal (it was item number 7 on agenda). An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section Town Council Meeting Minutes of October 4, 2011 Page 1 11/15/2011 2 -1 -I 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto and an appeal , pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12- 7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12- 17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. Matt Mire requested this item be tabled to the next meeting. Daly made a motion to table this item to the October 18, 2011, meeting, and the motion was seconded by Rogers. A vote was taken and the motion passed 6 -0. The third item on the agenda was the Town Manager Report. Zemler invited the Council and public to a softball game fundraiser for Robyn Fetterolf, an employee in the Vail Police Department. The Vail Police Department employees and the Fire Department employees will be playing in the softball game on Saturday from 2 p.m. to 4 p.m. The fourth item on the agenda was a presentation and discussion of the Airport Interchange: TIGER III Grant support for the Eagle County Airport Interchange and Connector Bridge Project. Peter Runyon, Eagle Council Commissioner, said in the past, he has supported a slow growth agenda for a long time. He also said Vail has always wanted to be the premier ski resort in the world. He said the Eagle County airport is a gateway to Vail and the whole county community. He said they expect 1.1 million people to come to Vail and Eagle County. He shared concerns of an elevated skyway going across ranch land. He stated there is large growth down valley. He said seven out of ten workers in Vail live down valley. This project is an opportunity to use stimulus money from the federal government. To qualify, the projects have to be "shovel ready" projects. He said groups across the state were asked to identify the top three projects for official Colorado Department of Transportation (CDOT) projects. The Eagle County Airport was one of the top three projects chosen. Additional discussion ensued regarding new exit and entrance ramp and what other Eagle County community responses were to this project. Gypsum is supportive and has Town Council Meeting Minutes of October 4, 2011 Page 2 11/15/2011 2 -1 -2 earmarked bond money for this project. He believes Eagle is supportive but has concerns this project would impact the east exit into Eagle. Eva Wilson, Eagle County Engineer, reviewed the traffic study. Runyon said the Eagle interchange is a failure at certain times of day due to traffic issues. When airport traffic is added, this interchange is worse. He said there were a lot of people who don't want it but it is what is needed. Cleveland asked about the price tag for the project. Runyon said $55 million plus $7 million in construction management costs to CDOT. He said the final bids haven't gone out. Eagle County and Gypsum have already invested $550,000; $500,000 has been earmarked by Jared Polis; and CDOT has invested $8 million. Daly asked where the rest of the money will come from. Runyon stated since Eagle County is rural the 80/20 split doesn't apply. Eagle County has committed $13 million. The Town of Gypsum has committed $2 million in cash and $5 million in debt initiatives. He asked for Vail's help. He said 25% of the Eagle County Airport guests go to Aspen and the rest go to Vail and Beaver Creek. Rogers asked what Vail can do at this time. Runyon said a letter of support is needed. Cleveland asked why the interchange was chosen over upgrades to Highway 6. Runyon stated there are already scheduled upgrades to Highway 6. Mike Cacioppo stated when Eagle County first proposed this, he wasn't thrilled about the idea and is still not thrilled about it. He said getting through the town of Eagle is getting dangerous and the traffic is backing up on the highway on a regular basis. He said this interchange will take away from business in Eagle. He thinks roundabouts are needed in this area. He wants to see Eagle County be more prudent in this economy. Daly said Runyon gave a good explanation and realizes the frustrations and acknowledged significant highway upgrades are needed. He is in support of this project. Foley said being on the ECO transportation board, everyone on the board is in support of this project. Tjossem said she is supportive of giving them a letter. Newbury is uncomfortable due to the cost and the environmental impacts. She said the cost is outrageous and she is not in support of it. Daly made a motion to send a letter of support, and the motion was seconded by Rogers. A vote was taken and passed 4 -2, Newbury and Cleveland opposed. The fifth tem on the agenda was Resolution No. 20, Series of 2011, A Resolution in Support of Town of Vail Ballot Question No. 1 on the Ballot at the November 8, 2011, Regular Town Election. Town Council Meeting Minutes of October 4, 2011 Page 3 11/15/2011 2 -1 -3 Matt Mire, Town Attorney, and Judy Camp, Finance Director, stated at the direction of the Council, Question No. 1 has been placed on the November 8, 2011, ballot for the Town of Vail Regular Election. This question is to receive authorization from Vail's electorate to redirect existing Conference Center Funds to three projects: 1) expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space; 2) field expansion and restroom renovation at the Ford Park Sports Complex; and 3) Ford Amphitheater improvements, including outdoor seating and restroom improvements. This ballot question will bring closure to electorate decisions in 2002 and in 2005 in which voters approved taxes to build and operate a conference center, then rejected a second tax question which caused the tax to be rescinded, leaving a balance in the fund that has grown to $9.4 million. Matt Mire, Town Attorney, stated Resolution No. 20 has been prepared at the direction of the Council to offer its unequivocal support of Question No. 1. Staff requested the Council approve the resolution. He reviewed the changes to the resolution. Daly made a motion to approve Resolution No. 20, as amended, and the motion was seconded by Rogers. Cleveland said by passing this resolution tonight, this is the last time the Council could support this ballot question due to state regulations. A vote was taken and the motion passed, 6 -0. The sixth item on the agenda was first reading of the 2012 Budget Ordinance No. 21, Series 2011. Kathleen Halloran, Budget Manager, reviewed the budget for 2012 with Council. Daly said he would like to spend some time doing an analysis that would measure the value of the expenditure versus the return in the best time horizon, 15 — 20 years, not 125 years. He would like to set a date in January, 2012, to see how this impacts the priorities currently planned. Daly thanked Chief Miller for the backup on the replacements of vehicles for the fire department. He also had questions on the trend of lift sales tax. Zemler said Chris Jarnot from Vail Resorts, Inc. (VRI), sent a letter addressing the lift sales tax. Zemler said the VRI finance department also sent a letter. Zemler stated staff wasn't directed to do an audit and would like clear direction from the Council to do an audit. Foley and Daly were the only two Council members who Town Council Meeting Minutes of October 4, 2011 Page 4 11/15/2011 2 -1 -4 raised their hands in favor of an audit. Zemler will resubmit the letter from VRI to Council. Rogers stated the $150,000 proposed budget to demolish /repurpose the old welcome center is a concern. Rogers said a demolition cost of $75,000 is outrageous. Cleveland said to take this out of the budget and get more details on this item. Daly wanted the $637,000 for CDOT required parking improvements taken out of the budget until an agreement is signed by VRI to help pay for over flow parking, which includes 15 winter and 3 summer days. He wants this to come back as a supplemental. Newbury said the town can't sign an agreement with CDOT stating the town will take care of this while the town hasn't talked to VRI to pay part of this and there isn't time to do this. A straw vote was taken and the budget was reduced. Daly applauded Zemler and staff for due diligence in putting together the budget. However, he doesn't agree with adding back in 2.2 staff people. Cleveland said Miller had a good argument in adding more staff as this is a safety issue. He said seasonal personnel are a benefit to community. Tjossem said she supports the fire staff for at least another year to have a crew to remove tree fall. When asked about a FTE increase to the police staff, Halloran said it is a transfer from Community Development code enforcement to Vail Police Department code enforcement. Daly said the workman's compensation insurance has a dramatic increase and wants it rebid. Halloran said she wants to defer this back to JP Power, Human Resources Director. Cleveland stated workman's compensation has dramatically increased across the state. Newbury said she is on various boards and all have experienced 25% increases. Rogers said she would like the budget for the Commission on Special Events (CSE) to be increased. She said it isn't appropriate to ask CSE to bring in an event and then not fund it. Tjossem is in favor of increasing the budget, as iconic cultural event costs are going up and these are economic engines for the town. Newbury supports CSE 100% but to put an additional $150,000 to CSE for an event that is not even on the books is inappropriate. She asked why the Council would double the amount when they don't even know what the event will be. Rogers stated the Council has asked event producers to not ask for funds out of cycle and to be on a supplemental request. Newbury said this amount is double the cost of the Teva Mountain Games which is an iconic event. Tjossem said when CSE funds a brand new event they could use it as seed money. Sybill Navas, Special Event Coordinator, said Teva receives $118,000 and Snow Daze received $128,000. She said the event would be on a weekend that needs to be supported. Newbury said this is like putting the cart before the horse as CSE hasn't evaluated these events yet. Cleveland said the amount of money the town has put into events since 2005 has increased 75% and this is not sustainable. He said if Town Council Meeting Minutes of October 4, 2011 Page 5 11/15/2011 2 -1 -5 this is a Memorial Day event that the private sector won't support, why would the town? He said the town spends enough money on special events in town already and won't support more money for CSE. Mike Cacioppo said he had three main points to get across. He agrees with Cleveland that a budget that goes up 75% since 2005 is not supportable. He doesn't support the school board issue because of this. He said auditing the VRI lift tax occasionally should be done with anyone the town does business with and he agrees with asking VRI to pay something towards Frontage Road parking and CDOT. He reminded the Council that VRI never paid their fair share of parking structure expansions over 20 years ago. He said if the town does anything that expands parking for the mountain operator, the mountain operator needs to pay its fair share. Additional Council contributions were discussed. Rogers said she is concerned about two items: Bravo and the Teva Winter Games. She said there is no money to support the Teva Winter Games and asked if this event would happen. Scott Bluhm, representing the Vail Valley Foundation (VVF) asked for $75,000 from the CSE, if this event happens. She said John Giovando stated Bravo brings in a $7.6 million economic hit to the town. She doesn't think it is overreaching to ask for an increase to $200,000. She said the cost of orchestras has gone up dramatically and said this is a reasonable request. She said the Council should cut the First Impressions funding, $5,000 for the Ski Classic and $25,000 for Streetbeat. Daly said the Council is placing the VVF in an awkward position as they have sponsorship commitments they need to fulfill. Newbury said assuming any of the events would get funding from the town is not good. Daly stated ample warning should be given. Newbury said she would like to receive public input and asked what ample warning is. Mike Cacioppo said Bravo is a non - profit organization and wanted to put funding in perspective. He said the booking event was over several weeks and 59,000 people attended. He said the director was getting $200,000 for a few weeks of bookings. He said either booking directly or finding a booking agency to book those several weeks could save bundles of money. This should be put out to bid and find out what the directors and operators are earning. John Giovando, Bravo Executive Director for 25 years, stated contributing to the non- profit world has been one of the most rewarding parts of his life. Bringing this festival to Vail and growing it to this level wouldn't happen without contributions. To consider a nonprofit to fold up and ask a booking agent to come in would be an enormous disservice to the community. The $200,000 was asked out of integrity to support one of the world's best music festivals. To have an economic impact is measurable but pride which is immeasurable is also important. Town Council Meeting Minutes of October 4, 2011 11/15/2011 Page 6 2 -1 -6 Tom Bassett supported Rogers's statement to support Bravo's funding request. Bravo is one of the summer's largest driving engines to Vail's economy. Bravo is a huge asset to the reputation to Vail and its businesses. Cleveland said there is $596,000 requested over last year in total. Cleveland said he is comfortable funding them at the same level as in years past. He reiterated that all budget items have been flat. Tjossem said it is shortsighted to not take into account money received. Scott Bluhm, representing the VVF, clarified that there are concerns with regard to Streetbeat and the Ski Classic. Streetbeat is the biggest concern and wants the funding to be reconsidered as there are ramifications to it not being funded. They are under contract with Volvo and Anheuser -Busch to do nine concerts this winter. He wants clarification on in -kind services to the Ski Classic and Streetbeat. Cleveland asked if this discussion has brought up attention that Streetbeat needs to be revamped. Daly asked Bluhm to explain the VVF commitments regarding Streetbeat. Bluhm said commitments to Anheuser -Busch are to do nine events. For Volvo, their push is for consumer data through the event for their car. He said the commitments are multi- year but doesn't know where they are in the cycle of those commitments. Newbury said Streetbeat is successful when the concerts are tied to other events. She said maybe they are too far apart and people don't remember between concerts. Newbury said she is comfortable giving them in -kind and funding for Streetbeat for a final year but not for Ski Classic. Tjossem said the winter concerts lead to Hot Summer Nights but it doesn't seem to work anymore. Bluhm said in the beginning it was the only game in town, but now there are a lot more music events across the county. Rogers said this doesn't bring money back to the community. Cleveland thanked Bluhm. Lourdes Ferzacca, representing the Vail Chamber and Business Association (VCBA) said Council was funding cuts to the smaller events and all funds were going to those who are already successful. She said Council needs to fund the smaller events too. She said the smaller events make a huge difference for the locals who don't make a lot of money. Rich ten Braak, representing the VCBA, pleaded the case for the Premier Impressions program. He said it's been around for 11 years, was funded from $10,000 to $20,000 and has gone from a 3 -month to a 6 -month program. The program currently runs from December to March and July to August in summer. In 2013 the plan is to go to a year - round program. There are currently 180 businesses in the VCBA. The program is important as great customer service drives the intent to return to Vail. He wants the Council to reconsider its support of this program. He said 25 businesses have signed a letter of support to have this program funded. Town Council Meeting Minutes of October 4, 2011 Page 7 11/15/2011 2 -1 -7 Liz Paxson, a Betty Ford Alpine Garden (BFAG) volunteer, stated she and her husband Tim have been volunteers for several years and she is now on the board. The BFAG has a very active volunteer program and there is a steady stream of visitors from May to October. The town currently contributes 15% of the BFAG budget. Bill Suarez, owner of Billy's Island Grill, stated Premier Impressions helps the businesses have a program to recognize employees. As an employer, he would hate to see this program go without something else to replace it. He said the program could be revised. He said last year four of his employees were nominated. Gwen Scapello, representing BFAG, said she has worked with them for the past eight years and is currently the BFAG board secretary. She typically spends three to four hours a day, four to five days a week in the gardens. She reminded Council that the BFAG is not just an amenity for those who come here but a strong destination for the Town of Vail. Guests come through a private tour program, garden clubs, the Red Hat Society, master gardeners, representatives from professional landscaping associations and others bring tours to and through the gardens. They have hosted several groups, including a European guest who said it was the best garden in the world. Tourists are quick to tell them the gardens were why they came to Vail. The Vail Recreation District fielded 129 queries in one day of how to get to the gardens. Checkpoint Charlie receives approximately 10 -12 requests a day on how to get to the gardens. She said it was important to recognize they are not just a public garden; they are a destination as well. She asked the Council to reconsider the funding request to the BFAG. Sandy Gregorak, resident of Vail, thanked the Council for the work they do for the town residents. She said she is the newest member of BFAG and is the Development Director. She said the economic impact from the gardens is just under $11 million to Vail. These figures were prepared by the VVF at the end of March, 2011, and given to Council in April 2011. She said nonprofits are part of our community and are a part of what has made the town a world class town. She was at a meeting of the Botanic Garden Association, and comments from other botanic gardens reflected the BFAG is world class and has a high regard in the botanic garden world. The BFAG has won accolades and awards and was a finalist in the Awards in Excellence from the Pomar Foundation. Mike Cacioppo stated he has been in town 37 years. He said in the late 1980's, BFAG promised that would be their last request for public money. That didn't happen. He said maybe it's time they charge for people to come into the gardens like elsewhere in the world. He said the business community should pay for commending their employees. He said the list goes on and on and in the 1970's and 1980's booking agents took a risk. They don't need to take the risk anymore. He said we aren't teaching anybody to be self sustainable. He said maybe it's time in this economy, that Town Council Meeting Minutes of October 4, 2011 Page 8 11/15/2011 2 -1 -8 as Americans, we actually try to be real Americans and build our own segment of the market without government handouts from cradle to grave. He stated he couldn't believe the town was discussing giving out $1.6 to $2.8 million for special events to the CSE. He said it was time to rethink the process and not be enablers. Make them work it out. Cleveland read a letter received from David Scott of Vail Ski and Snowboard Museum requesting $50,000 for funding in 2012. Newbury said the Council and the community need to put everything in perspective. She appreciates everyone wanting funding; however, this said, the town's main purpose is to provide municipal services. The operating funds are flat and other funds are going down. The town is cutting its budget. The town has to provide snow plowing, police and fire services and other municipal services first. She is comfortable with staff recommended appropriations. Daly said Council should take a straw vote to ask if Council was comfortable with the recommendations as presented. Foley, Daly, Cleveland and Newbury were okay with the recommendations, but Rogers and Tjossem were not. Further discussion on the budget ensued. Rogers asked for more documentation for the public works budget and capital maintenance costs and to highlight areas that have significant increases. Tjossem said she wanted to have staff come back with a few cuts or postponements of certain projects. Rogers said she was concerned about the police department line item of the replacement of rifles for $21,000. Cleveland said guns have a life span. The world has changed. Newbury said Council needs to trust the police department. Cleveland said Council needs to give credit to staff. There is no problem asking questions but Council needs to trust staff to know their stuff. Cleveland said they need to make a decision on the Library. Newbury said one of the first things she did when she got on Council was to tour the library and educate herself about the renovations that need to be done and that was eight years ago. The flood brought these to the forefront. She said they should do both phases. Newbury, Rogers, Foley, Daly and Cleveland agree that both phases of the library need to be done. Halloran summarized the comments: provide letter from VRI lift tax; detail on capital projects; contributions as previously submitted; $150,000 removed from Lionshead Capital, etc. Town Council Meeting Minutes of October 4, 2011 11/15/2011 Page 9 2 -1 -9 Newbury made a motion to approve on first reading Ordinance No. 21, and the motion was seconded by Cleveland. A vote was taken and the motion failed, 4 -2 with Foley, Tjossem, Daly and Rogers opposed. Foley wants an efficiency study done. Zemler said they could bring back a first reading of the budget by tabling this item to the next meeting. He said staff doesn't know how to address their concerns about the special event funding. Rogers said to base it on last year's budget. She said there is $100,000 in savings from staff and she wants to allocate it to the Betty Ford Alpine Gardens, Bravo and the Colorado Ski Museum. Daly said for him to support the budget, VRI would need to share CDOT parking costs and a firm commitment to offset expenditures for this year. Foley made a motion to table the budget item to the October 18, 2011, meeting, and the motion was seconded by Daly. A vote was taken and the motion passed, 5 -1, with Cleveland opposed. A brief break was taken at 9:07 p.m. The meeting resumed at 9:12 p.m. The seventh item on the agenda was a public hearing regarding the Ever Vail development process, with a focus on four of the applications intended to facilitate the Ever Vail development. Specifically, the Lions head Redevelopment Master Plan amendments, major subdivision, rezoning and major amendment to Special Development District (SDD) No. 4. The Council is not being asked for a final action on these applications at this time. Warren Campbell, Chief Planner, stated the intent of the packet was to prepare the Council to vote on the four applications in conjunction with the Developer Improvement Agreement (DIA). Staff has taken Resolution No. 6 and made the changes the Council has requested. An additional change was requested to change the wording on page 2 of the memorandum on building height changes from "should" to "shall." Four hands from Council were raised. Campbell went through a power point presentation on master plan amendments criteria to review; major criteria for major amendments; rezoning; removal of the Glen Lyon SDD; land use plan designations; criteria for zoning; etc. Cleveland asked if the removal of the Glen Lyon Office Building SDD would effect the parking requirements. Campbell said no. Jay Peterson said he had a couple of observations. He said the Vail's New Dawn process was started and it wasn't anyone's project; it was everyone's project. There was tremendous trust to be built. Everyone trusted VRI and over a four to five year period, six to eight projects came through, were approved and built. He said the town Town Council Meeting Minutes of October 4, 2011 Page 10 11/15/2011 2 -1 -10 has had a great rebound from 2008 due to everyone doing his /her part. He said he is proud of this town. The town marketing has been incredible. He stated since then, the process has been bogged down. He doesn't know if it is a lack of trust. He said the only bad decision is no decision. This is an important project and will complete Vail. He said it's time to make some decisions. Everyone needs to work together and have more trust in each other. He also said the Front Door project, Solaris, The Sebastian and Four Seasons projects have all contributed to Vail's success. He said this area is an ugly part of town. It's time to do this project and he wants the approval process to be quicker. Harry Frampton, East West Partners, stated from his perspective that he is supportive of getting this project built. He said it is important for the town's economic development and for jobs. He said there probably would not be another large project for another five to ten years in town. He said the world has changed fundamentally. One of the problems is that Ever Vail started the process five years ago, at the height of the construction boom. Now the world is radically different. His company was hired at Sun Valley fourteen months ago to develop 98 acres and to develop a master plan and get it approved. Four months ago, they got unanimous approval. Sun Valley started at the bottom of the down turn and recognized they were in a new reality. He said they know even if they approved Ever Vail tomorrow, VRI won't build for another ten to twenty years. He said the extractions and conditions are impossible. He wants the Council to step back from the project and take a totally new look at the project. He said Vail is extremely lucky to have VRI as they are the only developer who can build an Ever Vail. He said the only reason the project has economic viability is that they have a vested interest. He said the extractions, conditions and limits put on VRI should be re- thought. He asked what does VRI need to build the project. The town needs to create incentives for them to build it. Currently, there is zero incentive for VRI to build this. He also said the town should look at what the maximum flexibility could be to get them to start the project. He also said to get rid of inclusionary housing and bargain with VRI to do Timber Ridge. He said the town is lucky to have VRI, as they have low debt, good cash flow and is one of the few companies that are in good financial shape. Foley said Frampton should pick up a petition and run for Council. Jim Lamont, representing the Vail Homeowners Association , experienced a cold shower and fresh air in this discussion. He said Council's role and staff's role is to make sure that no stone has been left unturned. He said the roles in the community have changed drastically. He said until there are financial backers on any of the projects, he won't take them seriously. He said the Council has to admit that a decision has to be made and move on. He stated this Council will not make a final decision but the candidates have issues and they need to step up. Town Council Meeting Minutes of October 4, 2011 11/15/2011 Page 11 2 -1 -11 Campbell said staff requests the Council continue the public hearing for the Major Subdivision, Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011, to the October 18, 2011, public hearing. Foley made a motion to continue the public hearing for the Major Subdivision, Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011, to the October 18, 2011, public hearing and the motion was seconded by Daly. A vote was taken and the motion passed, 6 -0. Additional discussion ensued about what the Council could approve prior to the election. Jay Peterson said the DIA is no place to approve a master plan. He doesn't want to see this go to a new Council. Ruther said if this is what the Council wants, they will bring Resolution 6 back on October 18, 2011, for Council's approval. The eighth item on the agenda was the 2011 Election Judge Appointments. Town staff requested the appointments of Vianne Brown, Holiday Cole, Mary Caster, Mary Ann Best, Summer Holm, Earl Best and Carol McKown to be the Town of Vail election judges for the November 8, 2011, Regular Municipal Election. Pam Brandmeyer and Tammy Nagel, town staff, will also be assisting as election judges. Foley made a motion to approve the 2011 Election Judge Appointments as presented, and the motion was seconded by Rogers. Foley thanked them for volunteering to be judges. A vote was taken and the motion passed, 6 -0. The ninth item on the agenda was first reading of Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District (SDD) No. 29, The Valley Phase II, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto. Warren Campbell, Chief Planner, said essence is there is an EHU on top of Buffehr Creek and the applicant wants to participate in the EHU exchange and the proposed language has been changed. Campbell said SDD No. 29, The Valley Phase II, was established by Ordinance No. 17, Series of 1993, adopted on September 7, 1993. The purpose of establishing SDD No. 29 was to provide "'greater flexibility in the development of the land than would be possible under the current zoning of the property." Ordinance No. 6, Series of 1997, amended the SDD to add development potential for Tract A. There have been no further amendments to the SDD. The Town Council Meeting Minutes of October 4, 2011 Page 12 11/15/2011 2 -1 -12 Planning and Environmental Commission (PEC) forwarded a recommendation of approval to the Council at their September 26, 2011 hearing. Rogers made a motion to approve on first reading Ordinance No. 19, Series of 2011, and the motion was seconded by Daly. A vote was taken and the motion passed, 6 -0. Newbury made a motion to adjourn the evening meeting to go into executive session at 10: 08 p.m. and the motion was seconded by Foley. A vote was taken and the motion passed, 6 -0. Respectfully submitted, Dick Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Town Council Meeting Minutes of October 4, 2011 11/15/2011 Page 13 2 -1 -13 Vail Town Council Meeting Minutes Tuesday, October 18, 2011 4:30 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:30 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Susie Tjossem Andy Daly Margaret Rogers Kerry Donovan Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was the Consent Agenda. There were three items on the consent agenda: 1) Vail Police Department Volunteer Proclamation(VIPs), Read into the record the VIPs Proclamation. Kim Newbury read the proclamation into the record. Cleveland thanked all the volunteers for their service. 2) Approval of September 6 and 20 Council meeting minutes; Foley made a motion to approve the September 6, 2011 minutes and Tjossem seconded the motion. A vote was taken and the motion passed 5 -0 -2 with Rogers and Daly abstaining as they were not at that meeting. Foley made a motion to approve the meeting minutes of September 20, 2011, and the motion was seconded by Daly. A vote was taken and the motion passed 7 -0. 3) Resolution No. 19, 2011, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2012 Through December 31, 2012. Newbury made a motion to approve the Resolution No. 19, Series of 2011, and the motion was seconded by Tjossem. A vote was taken and the motion passed 6 -1, Foley opposed. Town Council Meeting Minutes of October 18, 2011 Page 1 11/15/2011 2 -2 -1 The second item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's (PEC) approval of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto; and an appeal , pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. The staff memorandum stated on July 11, 2011, Margo Mullally submitted an application for a major exterior alteration for Unit R -2. On July 25, 2011, Bill Gardiner submitted an application for a major exterior alteration to expand his unit, R -1. On August 2, 2011, Bill Gardiner submitted an application for a variance from the watercourse setback and site coverage to facilitate his addition. On July 27, 2011, Margo Mullally submitted a Design Review application. On August 22, 2011, the Planning and Environmental Commission approved, with conditions, all of the above applications. On August 30, 2011, Mr. Gardiner submitted his design review application. On September 1, 2011, Randall M. Livingston, on behalf of the appellant, Bridge Street Building LLC, submitted an appeal of Ms. Mullally's PEC approval. As a result, no further action has been taken to review Ms. Mullally's addition by the PEC. However, the Design Review Board approved Mr. Gardiner "s application on September 7, 2011, with the condition that Ms. Mullally's addition also be approved, as the designs are codependent. On September 8, 2011, the appellant submitted an amended appeal form adding Mr. Gardiner's approvals to the list of approvals being appealed. On October 4, 2011, the Council granted a continuance of the appeal. Since that time, staff has received additional information from the appellant, Bridge Street Building LLC concerning the appeal. Based on the new information, it appears that the applications submitted by Mr. Gardiner and Ms. Mullally were either incomplete or included inaccurate information as to the ownership of the Rucksack Building and the Scott Building. More specifically, it appears that the applications did not accurately reflect the required consent of all owners affected by the applications. Because the Council, in an appeal, is not permitted to receive new information or to make new factual findings, staff believes that the only available course of action is for the Council to remand both cases back to the PEC for additional factual findings and Town Council Meeting Minutes of October 18, 2011 Page 2 11/15/2011 2 -2 -2 determinations. Matt Mire, Town Attorney, stated Council has a copy of the lengthy appeal and response. It appears the application was either incomplete and /or inaccurate as it didn't reflect proper ownership, which made the application incomplete. It also didn't reflect the required consent of all signed owners. The Council's only decision is to remand this application back to the PEC. Randy Livingston, representative for Jeff Selby, the appellant and building owner, said Mr. Selby couldn't be at the meeting. He said the information given to Council was accurate and they accept the recommendations. Jeff Hyman, attorney for the Mullally's, stated he had submitted a lengthy response and application. He asked if the response filed was considered and if not, why not. He said the applicants were concerned the condominium map had not been recorded. As a condition of the development, Mr. Selby was to record and file a condominium plat map. It's been three years and it's still not recorded. They want to know why the map was not filed three years ago. Hyman said it was the town staff's responsibility to get this plat map filed. The application wasn't complete because one property owner did not sign it. A court order from Eagle County District Court stipulated the appellant approved the design and he could not object to the application. The appeal currently says this is an objection. The court documents said they don't need a signature as Selby had approved it. They asked if the recommendation by staff is accepted by Council and they go back to PEC, what will be the next steps. He said it's the same application but Mr. Selby refuses to sign it. The application didn't change and they will be right back in front of Council with the same application. There are two residential owners with modest expansions and they are being held up due to this issue. They feel the process is not fair or consistent with PEC approvals. They will end up going to court again, stating they have a court order that holds him in contempt. It's already a court order to make him sign. Cleveland asked if the town is a party to the court order. Hyman said they would have to go back to court and state Selby can't object to the application and he will be required to sign. Cleveland said this is not the Council's issue. Rogers said it is clear this was not an accurate record and the Council can't review it and make it a record. The Council has to remand it back to the PEC. Rogers made a motion to remand the application back to the PEC and the motion was seconded by Foley. The PEC has to make a determination based on accurate information. Margo Mullally, the applicant and currently the homeowner's association president, expressed her frustration regarding the staff's decision stating the application is not complete. She stated at no point did Ms. Dimond tell them the application was not Town Council Meeting Minutes of October 18, 2011 Page 3 11/15/2011 2 -2 -3 complete. She feels one of the issues is that the buildings were not combined. Dimond sent her an email on September 15, 2011, stating one of the conditions was to combine the two properties. Mullally said she had been told consistently by the town it was one building. She said this has been so since 2008, and she is wondering what it's going to take to get the condominium map recorded. It was submitted to the town and Selby is still objecting. He has had occupancy certificates for three years without a map being recorded. She said there are problems with managing the association budget and fire systems. A vote was taken and the motion passed, 7 -0. The Council had a dinner break at 5:05 p.m. and the evening meeting was reconvened at 6:00 p.m. The third item on the agenda was Citizen Participation. Rich ten Braak, representing the Vail Chamber and Business Association (VCBA), invited Council to the VCBA and KZYR Candidate Forum on Thursday, October 20, from 6pm to 8pm. Elise Howard, a West Vail resident and board member of the Eagle Valley Childcare, thanked the Council for its support of Early Childcare in Vail. She is committed to living in Vail and raising her children in Vail. She said the Eagle Valley Childcare is a benefit to town employees and other families who work in Vail. Cleveland said there was a letter sent out to the Vail Homeowners Association and there was an error in the letter. He said the lodging and retail community will not be getting money back if the conference center funds ballot question is defeated. He explained the money would be given back over the next twenty years by reducing the lodging tax. No one will be getting a refund check. Cleveland also reminded Vail voters that there are two separate elections and they will need to vote twice in Vail this year. Eagle County has a mail -in ballot due November 1 and the Town of Vail's regular municipal election is November 8. If you are on the permanent mail -in ballot list at the County, you will receive a Vail ballot in the mail after October 27. He said the important message is that you need to vote. The fourth item on the agenda was the Town Manager Report. Zemler said Congress has passed the recreation bill which is good news for all of us. The fifth item on the agenda was first reading of 2012 Budget Ordinance No. 21, Series of 2011. Kathleen Halloran, Budget Manager, stated this was presented at the council's work session earlier in the day. Staff had made a few recommendations in the memorandum to Council. The Council will need to approve the budget by ordinance. Town Council Meeting Minutes of October 18, 2011 Page 4 11/15/2011 2 -2 -4 Rogers stated Council contributions have been dealt with quite a lot over the years. She has gone over the budget and talked to Finance Director Judy Camp and has a recommendation. Rogers stated in the operating budget the town will have approximately $500,000 in excess. So the town doesn't dip into the reserve fund which has $21,000,000, rather than taking the excess money and adding it to the reserve fund, Rogers suggested they take the $500,000 excess funds and use it for iconic events and CSE events. She feels this is an investment in the town and will allow the town to survive the economic downturns. She said there are two specific events she wants to fund. Bravo, including their 25 Anniversary, should be funded 100 %. The second event is the Vail Jazz Festival, which is an iconic event in Lionshead that keeps getting better each year. Fund Bravo and the jazz festival and give the balance to the CSE or have it go to the reserve fund. Council has asked the CSE to bring in a Memorial Day event. She said the Real Estate Transfer Tax (RETT) budget has $7.6 million in it. The Betty Ford Alpine Gardens (BFAG) is funded out of RETT. Rogers also wants to fund the BFAG $20,000 for a water feature as requested and bring them up to $100,000 funding and allow a Council member to sit on their board to oversee the funding. She doesn't want to give any money to the 50 Anniversary unless Council sees how the money is allocated. She stated spending $500,000 on a tent for a seven month period doesn't make sense when there is a lot of the money in the museum and they have permanent exhibits. Rogers suggested $250,000 be earmarked in the budget; $50,000 for the Colorado Ski Museum and $200,000 for Bravo. Zemler asked for clarification of recommendation of one time funding of Bravo. Rogers said she is more than happy to make these one time allocations. Rogers stated she is on the Bravo board as the town's representative. Donovan asked if the breakdown of the $250,000 for the 50 Anniversary event included the Pioneer/ Founders event in the fall. Tjossem said it is included in the $250,000 and has $30,000 for that event. Rogers said if Vail Resort Inc. (VRI) wants to have a $3.7 million party, they need to find private sponsors for $3.5 million. Tjossem said one clarification is this is the town's 50 Anniversary and the event represents the town as well. Cleveland said this is a big change in how the Council has been funding events and operating in the past. He is opposed to funding operating costs to non - profits. He thinks it is a big mistake to fund operational costs and an improper use of tax payer's money. Rogers said summer activities need to be supported and funded and not funding them is defeating the purpose of having a year -round economy. Cleveland said funding of operational costs is not acceptable. Newbury said she has a fundamental problem with giving funding to events when every event from CSE is not successful. She said the town is cutting their operating budget every where else and the budget is flat. They have cut employee benefits, cut full -time employees and have not had increases in staff. She has a problem that some of the organizations feel they deserve more from the town when we are holding the line on municipal services. She Town Council Meeting Minutes of October 18, 2011 Page 5 11/15/2011 2 -2 -5 doesn't believe it is not time to not put money in reserves and to spend more money on other organizations and events. Tjossem said these iconic events are our insurance and keeps other people coming to Vail and allows all of us to prosper. Foley said he could support Roger's recommendations for one year. Donovan is comfortable with staff recommendations. Cleveland said he is not opposed to taking $100,000 and earmarking it but won't vote for this now as they don't know what the money will be for. He said to piggy back on what Newbury said, it's time for the CSE to evaluate the programs, to allow new programs to take the place of events that no longer serve Vail. Cleveland is okay with the previous staff recommendation of holding out $100,000 and having event producers come in and request funding. Rogers said there is a $142,000 budget surplus in 2012. She said the town budget has always far exceeded budget projections for years. In 2011, the town will have $850,000 more than the amended 2011 budget. She is asking for $142,000 on a one time basis for events and institutions. Rogers stated this is an incredibly conservative investment to generate more income and it makes no sense to not fully support these events. Daly asked Halloran about RETT collections being below projections. Halloran said the RETT is down by $600,000, the parking revenue is down and the construction use tax us up slightly. Growth is in sales tax and the lift tax. Daly said his point is that revenue overall will fall below 2011 projections. Further discussion ensued. Cleveland said he is supportive of Streetbeat for this year and to take $150,000 and earmark it for a special event. Staff's most recent recommendation is funding of $25,000 for Streetbeat; $25,000 for Bravo for their 25 Anniversary event; $20,000 for the Colorado Ski Museum; $25,000 to CSE for allocation to the Vail Symposium; $20,000 to the BFAG to repair the water feature. Donovan suggested there are three proposals for the 50 anniversary floating around and she wants the funding of $30,000 for the Pioneer event separated out of the total funding and earmarked separately. Daly said Streetbeat funding was obligated to go forward as required but he wanted the VVF placed on notice that this is last year for funding. Daly agreed with Cleveland regarding the Colorado Ski Museum. Daly said the best way to handle this is to get four votes on any of the proposals. Rogers proposal to take $142,000 out of operational funds and $64,380 out of RETT funds for BFAG had two votes, from Foley and Rogers. The second proposal from Cleveland was for the original recommendation from two weeks ago and adding $142,000 as a line item when they get specific proposals, as well as funding for Streetbeat, $20,000 for BFAG repair of the water feature. He has a problem with funding operational costs of nonprofits. He also said some of the CSE funding could be moved to new events. There was no other Council support for the second proposal. Town Council Meeting Minutes of October 18, 2011 Page 6 11/15/2011 2 -2 -6 Daly stated the third proposal was for the staff recommendation as is. Foley, Donovan and Daly were supportive of this proposal. Jim Lamont, representing the Vail Homeowner's Association, would like a press release on the conference center funding and how that will be allocated. Rayla Kundolf, a member of the CSE, was supportive of the CSE getting another $100,000 in additional funding. She said the CSE does listen to the VLMDAC and the CSE will reevaluate current special events. She said decisions on which events will be funded for 2012 will be made next month. The CSE is pushing for event producers to have additional sponsorships. They will be asking each event producer what the town's funding will be used for and what the town will be getting for the money given. They will be earmarking a certain amount for each event and disperse the final funds after the event is recapped. She stated special events are bringing people and money into town and funding special events is an investment. Newbury said there seems to be an idea in the community and in Council that if an event is not funded it will go away. She stated if we weren't looking at the present economy that isn't growing, and asking staff to keep the municipal budget flat and also raising health benefit costs, this would be considered differently. Tjossem said she is employed by the Colorado Ski Museum. She said she has read the town's Mission Statement and non - profits help the town fulfill the mission. The town has spent $850,000 for the library each year. The non - profit community has made Vail have the reputation we have. She said successful, iconic events drive our sales tax. Foley ask about the general budget presented and wanted further detail on where the money is allocated. Halloran stated 65% of the money goes to municipal services and operations and 35% to capital improvements. Foley stated staff costs will continue to climb. Daly asked Greg Hall about the $630,000 budgeted for CDOT mandated Frontage Road improvements for overflow parking in summer and winter. Hall said those improvements don't have to be done until 2012. Daly wants the town to only fund 30% to 40% of those costs and have a conversation with VRI to help share funding costs of 60 %- 70% to make those improvements, if we are continuing to use the Frontage Road for parking. Daly doesn't want the total costs of the Frontage Road improvements paid by Vail taxpayers. He says we are doing an injustice to the taxpayers if the town pays for the total cost. Newbury, Tjossem, Cleveland and Daly supported reducing the $630,000 to 40% of the total cost and to negotiate with VRI for the balance. Council directed staff to adjust this Town Council Meeting Minutes of October 18, 2011 Page 7 11/15/2011 2 -2 -7 budget by 60% and engage VRI in cost sharing. Hall said the CDOT lease is coming and this cost isn't budgeted now. Zemler asked Mire if the Council is making an obligation if it isn't funded by VRI. Mire said that could happen because every contract is subject to Council appropriation. Rogers said the library repairs of $36,200 were approved for repairs to the library. Her concern was why spend that money if a major remodel is being done. Hall said this is specific to regular maintenance and this isn't part of the major remodel. Cleveland redirected the discussion back Council contributions for special events for a solution. Rogers said BFAG is not like other non - profits as the town owns the land upon which the gardens sit. If BFAG went away, the town would have to maintain the garden area. She doesn't have a problem funding operational costs when they are operating the gardens on town property. Foley said he doesn't like giving $250,000 for funding to the 50 Anniversary event and not giving funding to the non - profits. He also wants to separate and earmark $30,000 from the 50 Anniversary event for the Pioneer weekend. Daly made a motion to approve the budget with the following amendments; $630,000 for Frontage Road to be reduced 60% subject to discussions and negotiations with VRI; special event cost of $250,000 earmarked for 50 anniversary to reflect that $220,000 is for the 50 Anniversary and $30,000 is for the Pioneer weekend which is part of the 50 Anniversary. Also, $95,000 from the general fund from staff recommendations broken down as follows: $25,000 for Streetbeat; $25,000 for Bravo; $20,000 for the Colorado Ski Museum specific to the 50 anniversary; and $25,000 for additional CSE funding of the Vail Symposium event. And $20,000 from the RETT fund for the BFAG repair of a water feature. The motion was seconded by Donovan. All of these are to be one time only allocations. Halloran made a clarification that there was $7,500 for in -kind services for Streetbeat included. Daly amended his motion, and the motion was seconded by Donovan. A vote was taken and the motion failed, 4 -3, with Newbury, Cleveland and Rogers opposed. Tjossem said it was time to compromise as they were now holding the town hostage over special event contributions. Tjossem asked Rogers if she voted no due to wanting more funding for special events. Rogers said she is asking to increase the surplus funds from $95,000 to $142,000 that the town will collect this year. Rogers wants BFAG to have more funding as they have been underfunded for a long time. The BFAG is getting $55,620 currently. Town Council Meeting Minutes of October 18, 2011 Page 8 11/15/2011 2 -2 -8 Daly made a motion to approve $95,000 from the general fund and an additional $25,000 for general fund incremental charitable discretion from the next Council; $20,000 to BFAG for repair of their fountain plus an additional $10,000 for the BFAG organization as seen fit. The motion was seconded by Donovan. A vote was taken and passed 5 -2 with Cleveland and Newbury opposed. The sixth item on the agenda was the Ever Vail development discussion. This public hearing will focus on one of the applications intended to facilitate the Ever Vail development. Specifically the Vail Town Council is being asked to take action on Resolution No. 6, Series of 2011 which will adopt amendments to the Lionshead Redevelopment Master Plan to facilitate the Ever Vail project. Campbell requested the Council approve Resolution No. 6, Series of 2011 and staff also requests the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the December 6, 2011 public hearing. Newbury clarified the motion isn't to approve PEC motions but to approve recommendations by PEC plus the changes as stated by Council from past meetings. Campbell said yes that is correct. Foley asked about the underpass from Simba and when it would be done. Campbell said there is no timetable of when this would be done. Further discussion ensued on the Master plan versus a development plan. Rogers made a motion to approve Resolution No. 6, with the PEC findings, and the motion was seconded by Tjossem. Mauriello said there is one change on page 18 regarding the office space that now states 3 to 12. Rogers made a motion to amend her motion with the office space change and the motion was seconded by Tjossem. Jim Lamont, representing the Vail Homeowners Association, said Council has done a thorough job challenging each other, the applicant and PEC. They have allowed the next generation to work on what is being done here. Lamont recommended council really encourage VRI to move forward with putting more capital into this project and to benefit the community as intended. Eric Perkins, a local resident, said he is concerned about this project as past history of VRI projects haven't panned out. He wants to know what the town is getting out of it. Foley said his no vote will be because of the Simba Run underpass. Town Council Meeting Minutes of October 18, 2011 Page 9 11/15/2011 2 -2 -9 A vote was taken and the motion passed, 6 -1, Foley opposed. Donovan made a motion to continue the other four items for major subdivision, rezoning, special developments and amendments to the December 6 meeting and the motion was seconded by Rogers. A vote was taken and passed, 7 -0. The seventh item on the agenda was a request to proceed with Phase 2 of the predevelopment process for the Town of Vail Municipal Site Redevelopment Project. George Ruther, Community Development Director, stated there is a request to proceed with Phase 2 of the municipal site redevelopment feasibility study. On May 17, the Council approved a resolution to sign a mutual agreement to look at the opportunity to remodel the town municipal site. He said Council is being asked to provide direction to the staff on whether a contractual agreement with the Vail Valley Medical Center, Steadman Clinic and Steadman - Philippon Research Institute should be prepared and executed to proceed with Phase 2 of the predevelopment process. Triumph Development, LLC, would be responsible for ensuring completion of the identified scope of work for phase 2. If instructed to do so, staff will prepare a resolution for the Council's consideration authorizing the Town Manager to sign the contractual agreement. The town solicited Triumph Development to look into developing the property. Phase I is done and the town staff and the other partners believe it is still feasible. The programming work has been done and the project can fit on the property. The memorandum outlines the stages of the phase 2 predevelopment process. It will take 90 days to get through this phase and the cost is $300,000 to complete this work. The town's share of the cost is 1/3 or $100,000. Council will be updated frequently through the next 90 days and they can terminate the contract if they so choose. Daly said the municipal offices will be displaced and asked if the study will include where the offices will be moved. Ruther said the Phase 2 scope of work includes how the town's space would be reviewed. Cleveland is in support of moving forward. Daly is concerned the subsidy for the land value is a low market rate for the property. He doesn't believe town property should be given away to subsidize someone else. He wants to know if the other partners understand the town can't subsidize the land value. Ruther said they have discussed this with the partners. Ruther asked if the land cost subsidy was a deal breaker before the town spends $100,000. Staff will get specific direction before they come back on November 1st with a resolution to approve the $100,000. One of the purposes of Phase 2 is to get a better understanding of how this project will work. Tjossem said the community can make appointments to tour the current facilities to see what this project will bring to the town. Ruther said there are tours scheduled for November 1 and 3 and to contact him to make a reservation. Rogers said there is also a "You Tube" video Town Council Meeting Minutes of October 18, 2011 Page 10 11/15/2011 2 -2- 10 on the research institute which is very interesting and revealing. This is an important economic year -round driver for the community. Foley made a motion for staff to prepare a resolution authorizing the Town Manager to sign a contractual agreement with its development project partners to complete the phase 2 pre - development process scope of work as described in the staff memorandum and the motion was seconded by Rogers. A vote was taken and passed unanimously, 7 -0. The eighth item on the agenda was first reading of Ordinance No. 23, Series of 2011, an ordinance extending, until November 19, 2012, amendments to Chapter 11 -7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the Administrator to approve said signs subject to review, and setting forth details in regard thereto. Bill Gibson, Planner, stated Ordinance No. 23, Series of 2011, is intended to extend the effective date of Ordinance No. 12, Series of 2011, from November 21, 2011 until November 19, 2012. No other change to the regulations is proposed. Extending the effective date will allow the town to explore opportunities for incorporating public parking on private property sign regulations into a larger signage and way- finding initiative currently underway. Gibson said this is an extension of an existing temporary sign program. Tjossem said she thought it worked well in winter and allowed private entities to advertise. She said she continues to get complaints that guests were being misled. She is supportive of going through the ski season but the town and private entities need to do a better job next summer. Rogers suggested the signs should say public parking is 1/4 mile straight ahead. Daly said they may need to come up with other solutions. Donovan asked when they will see the way- finding signage. Greg Hall, Public Works Director, said a permanent solution is part of the way- finding process and the process may be in front of Council by May, 2012, for a permanent solution. Donovan made a motion to approve first reading of Ordinance No. 23 and the motion was seconded by Newbury. A vote was taken and the motion passed, 5 -2 Tjossem and Foley opposed. The ninth item on the agenda was second reading of Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District No. 29, The Valley Phase II, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Town Council Meeting Minutes of October 18, 2011 Page 11 11/15/2011 2 -2- 11 Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto. Warren Campbell, Chief of Planning, stated Council passed Ordinance No. 19, Series of 2011, upon first reading at their October 4, 2011 hearing and there have been no changes. Newbury made a motion to approve second reading of Ordinance No. 19, and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7 -0. The ninth item on the agenda was adjournment. As there was no further business, Tjossem made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed, 7 -0. The meeting adjourned at 8:15 p.m. Respectfully submitted, Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Town Council Meeting Minutes of October 18, 2011 11/15/2011 Page 12 2 -2- 12 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 15, 2011 ITEM /TOPIC: Town Manager Report: 1) Conference Center Funds Update - Stan Zemler; 2) New Year's Eve Special Event Discussion - Dwight Henninger; and 2) Lionshead Welcome Center Update - Greg Hall. ATTACHMENTS: New Years Eve memorandum 11/15/2011 TOWN OF 0 VAI!' To: Town Council Stan Zemler, Town Manager From: Dwight Henninger, Chief of Police Date: November 11, 2011 Subject: New Year's Eve 2011 Memorandum Ten years ago, Council implemented a Special Events District and curfew to deal with unruly youth that congregated in the Village and created an unsafe environment for all of the attendees and other guests to the Town. It is estimated that as many as ?,000 - 10,000 youths were gathered in the Village core which resulted in a number of injuries and the high potential for significant acts of property damage or mass casualty accidents. in response, a coordinated and collaborative plan was developed to address these issues. This response took a lot of law enforcement and Town resources and achieved the results that council requested, which was to make it safe for a family to walk up Bridge Street on either the Fourth of July, or New Year's Eve. The Police Department over the ten years, on these two nights, have used the curfew as only a tool to have individuals, under the age of 18, head to their residence and have not arrested anyone for this offense. This past Fourth of July Council decided to not deploy either the Special Events District or curfew, which did not seem to be a problem as it was a Wednesday night. This year New Year's Eve falls on a Saturday evening and it is anticipated to be a busy night with the event on a weekend during our busiest week of the year. The Police Department is planning to implement both the Special Events District and curfew for New Year's Eve 2011. The Department will continue to use a low key approach to the special events area and only use Vail officers to staff the event. By the use of the Special Events District and curfew the Department will be able to maintain the Council's vision of a safe environment and not start down a path that potentially could result in the issues seen prior to 2002. 11/15/2011 3 -1 -1 K � TOWN OF'VA10 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 15, 2011 ITEM /TOPIC: Appointment of Buck Allen as Municipal Judge for the Town of Vail As per Section 7.2 of the Vail Town Charter. Selection of the Municipal Judge: "I move be elected as the Municipal Judge of the Town of Vail for a two year term which ends at the organizational meeting held by the Council after the regular municipal election in November, 2013." There should be a second to the motion, and then the entire Council is to vote "yes" or "no." Vote by written ballot is an option. This would require a verbal motion of approval to be voted uponl Judge for the Town of Vail for two years, from November, 2011 to November, 2013. PRESENTER(S): Matt Mire 11/15/2011 K � TOWN OF'VA10 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 15, 2011 ITEM /TOPIC: First reading of Ordinance No. 22, Series of 2011, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish outdoor ski staging signage, and Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish outdoor ski staging as an accessory use in the Commercial Core 1, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts and to establish basket storage as an accessory use in the Commercial Core 1, Commercial Core 2, Commercial Core 3, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts, and setting forth details in regard thereto. (PEC110054) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: Table Ordinance No. 22, Series of 2011, to the Vail Town Council's December 6, 2011, public hearing. BACKGROUND: On November 1, 2011, the Vail Town Council held a public hearing on the first reading of Ordinance No. 22, Series of 2011. The Council requested modifications to the proposed ordinance and then tabled the first reading to its November 15, 2011, public hearing. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables the first reading of Ordinance No. 22, Series of 2011, to its December 6, 2011, public hearing to allow Staff additional time to draft the Council's requested modifications to the proposed ordinance. 11/15/2011 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 15, 2011 ITEM /TOPIC: First reading of Mil Levy Certification Ordinance No. 24, Series 2011. PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 24, Series 2011 upon first reading BACKGROUND: Mil Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. Please note that these numbers are only an estimate. We are waiting for current information from Eagle County for accurate numbers STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 24, Series 2011 ATTACHMENTS: 111115 Mil Levy memo 11/15/2011 Memorandum To: Town Council From: Kathleen Halloran Date: November 10, 2011 Subject: Mil Levy Ordinance You will be asked to approve the attached mil levy ordinance upon first reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2012 based upon 2011 assessed valuations of property within the town's boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mil levy by December 15 of each year. Since two readings of an ordinance are required, we will bring the first reading on Tuesday and the second reading on December 6th to enable us to meet the December 15 date. The attached ordinance is based on preliminary assessed valuations from the county (as of August, 2011). The town's base mil levy as shown in the ordinance is 4.69 mils and the abatement levy is .05 mils. Abatement results when a taxpayer protests an assessed valuation after the normal protest period and is refunded a portion of the tax already due or paid. The abatement mil levy allows the town to recoup the refunded amount. This abatement levy of .05 mils equates to an additional $3.39 per year for a $1 million home. The property tax authorized by the attached ordinance will generate $4.1 million in revenue in 2012, representing approximately 8% of the town's total revenue. 11/15/2011 6 -1 -1 ORDINANCE NO. 24 SERIES OF 2011 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2011 TAX YEAR AND PAYABLE IN THE 2012 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2011 year and payable in the 2012 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2012 fiscal year, the Town Council hereby levies a property tax of 4.74 mills upon each dollar of the total assessed valuation of $857,842,810 for the 2011 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,065,849 calculated as follows: Base mill levy 4.690 $4,023,282 Abatement levy .050 42,567 Total mill levy 4.740 $4,065,849 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 24, Series of 2011 11/15/2011 6 -1 -2 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of November, 2011. A public hearing shall be held hereon at 6 P.M. on the 6th day of December, 2011, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 24, Series of 2011 11/15/2011 6 -1 -3