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HomeMy WebLinkAbout2010 Vail Town Council Minutes Vail Town Council Meeting Minutes Tuesday, January 5, 2009--"9-� zOlO� 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 Margaret Rogers Andy Daly Kim Newbury Kerry Donovan Susie Tjossem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Public Input. There was none. The second item on the agenda Consent Agenda. a. Approval of 12.01.09 & 12.15.09 Town Council Minutes. Foley moved to approve with minor amendments with Rogers seconding. The motion passed unanimously, 7 -0. The third item on the agenda was the Town Manager's Report. a. Revenue Update. Finance Director Judy Camp reported that when all sales tax returns are received for the month of November, collections for the month are expected to be $645,639 down 10.2% from November, 2008. Year -to -date total sales tax collections of $14.3 million are down 15.6% from 2008 and less than 1% down from budget. Inflation as measured by the consumer price index was up 1.8% for the month of November compared to 2008. Use tax collections as of December 30, 2009, total $714,785, a 12% increase from this time last year. The annual budget of $700,000 has been met. Construction permit revenue through December 30 totals $793,365 down 68% from 2008. The 2009 budget assumed a 66% drop. 1 The decrease in activity from the prior year is due to both major and non -major redevelopment projects underway in 2008. Major redevelopment projects so far this year make up 48% of the total dollars, and are down 81% from 2008. Revenue from non -major projects is down 23% from 2008. Real Estate Transfer Tax (RETT) collections through December 30, 2009, total $2.5 million, compared to a full year forecast of 2.4 million. This amount is a 73% decrease from last year due to both major and non -major redevelopment projects. Eagle County as of October, 2009 is down 60% in sales dollars and down 46% in the number of sales transactions. At this time last year, the town had collected $9.1 million in RETT from sales of major redevelopment projects such as Arrabelle, Forest Place, One Willow and the Vail Plaza. Year -to -date 2009 has seen limited sales from major redevelopment projects and is down 88 %. Collections not related to major projects year -to -date are 39% down from this time last year. Across all funds, total revenue of $38.6 million is down 26.7% year -to -date from this time last year and down 3.7% from the budget. These numbers should improve as we continue to receive December revenues. Town reserves total an estimated $50.6 million. b. Confirm annual community meeting date: Tuesday evening, March 9, 2010. Council agreed to host the annual community meeting on March 9. Daly joined the meeting. c. The Vail Valley Athlete Commission Assistant Town Manager Pam Brandmeyer explained the Vail Valley Athlete Commission is composed of four members, each contributing $6,000 annually (a decrease from $10,000 annually): Vail Valley Foundation, Vail Resorts, Beaver Creek Resort Company and the Town of Vail. This Commission was established in the '90's to combine resources and coordinate individual athlete requests for funding support. The winter'09 2010 recipients are as follows: Sarah Schleper $4,000 Alpine Ski Racing Kevin Hochtl $3,500 Nordic Skiing Hunter Schleper $3,000 Alpine Ski Racing Taylor Seaton $1,500 Halfpipe Skiing Dylan Bidez $1,500 Freestyle Snowboarding Nathan Asoian $1,000 Alpine Ski Racing Greta Byrne $1,000 Alpine Ski Racing Claudia Bourier $ 750 Halfpipe, Slopestyle, Big Mountain Skiing (needs to qualify) Jessica Cumming $1,500 Freeskiing Halfpipe (needs to qualify) Joshua Smith $1,000 Cross County Skiing (needs to qualify) Christian Kloser $ 750 Nordic, Winter Triathlon (needs to qualify) Lisa Isom $ 750 Winter Triathlon (needs to qualify) Heidi Kloser $1,000 Freestyle Mogul Skiing (needs to qualify) Tommie Bennett $ 500 Snowboarding (needs to qualify) John Spriggs $ 750 Halfpipe / Slopestyle Skiing (needs to 2 qualify) International competition is one of the components of awarding these funds. In the case of competitors who have "needs to qualify" attached to their names, if they do not qualify to compete internationally. The fourth item on the agenda was the Planning & 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. No items were discussed in detail. The fifth item on the agenda was an Information Update. Council discussed the potential reappointment of former Council Member, Chuck Ogilby to the Water Quality and Quantity Committee. Daly said there appeared to be some tension between the Eagle River Water & Sanitation District (ERWSD) and the Town of Vail. "I think we should have a solid discussion about that... He may be the best guy but I would like to have some discussion about it." Zemler encouraged meeting with the ERWSD and the Northwest Colorado Council of Governments Water Quality and Quantity Committee to discuss the matter of Ogilby's appointment. Foley clarified the Arosa Drive duplex affordable housing Lottery would take place on January 13. The sixth item on the agenda was Matters from Mayor & Council. Foley congratulated those who participated in a recent ice skating show at Dobson Ice Arena. He then said that skier drop -off continues to happen on East LionsHead Circle. "If that is where people want to be we should enhance it and make it easy for people to get in and out." Tjossem said the town had created good locations for skier drop -off but they are being underutilized. "I believe the marketing of available parking opportunities is worth exploring. She then spoke highly of the customer centered performance of a bus driver she had encountered. She finished her comments by noting that the absence of ski racks around town makes it difficult for people to linger. Newbury asked how many people had purchased Frontage Road parking passes. She encouraged getting the word out to employers about their availability. Rogers thanked the Public Works Department for shoveling the recreation path in Ford Park. She then announced the annual Triumph Winter Fest ice sculpture event would be taking place at the Gore Creek Promenade in the near future. Daly asked why bus service was discontinued from 10 -12:00 a.m. on New Year's Eve. Public Works Director Greg Hall explained it was intended to limit intoxicated people from entering Vail Village. Daly then asked asked if Vail had the critical mass to support another Village and portal (the proposed Ever Vail project) to Vail Mountain. "What are 3 the potential impacts to Vail Village and LionsHead if there is a third village area... Will it draw down on the amount of traffic we see in Vail Village ?" Zemler said the town would address what the impact to town services would be (i.e., transit, snow removal) during the planning process. Donovan said it had been a delightful holiday season. Council questioned the functionality of Seibert Circle. Zemler reported repairs were scheduled to be made to the fire element of the fountain. The fourth item on the agenda was the annual appointment of newspaper of record for Town of Vail publications and notices for 2010. Assistant Town Manager Pam Brandmeyer reported that the town annually establishes a newspaper of record for all public notices. This year, the town requested a bid from Eagle Summit Publishers, owner of the general circulation newspaper, The Vail Daily, and requested a bid for The Vail Daily publications. Daly moved to approve a contract with the Vail Daily with Rogers seconding. The Vail Daily proposal was 21 % less than the previous year. The motion passed unanimously, 7 -0. For details, contact Loreliei Donaldson at 7 -0. The fifth item on the agenda was a NEXTbus Update. Transportation Director Mike Rose reported a large volume of guests and residents were using the system. He then explained how the system "anticipated" where a bus should be based on schedule and historical performance. Vail Homeowner's Association representative Jim Lamont said the NEXTbus service was useful. Council agreed to continue utilizing the service. The sixth item on the agenda was Ordinance No. 1, Series of 2010, an emergency ordinance amending the Town of Vail's Health Insurance Fund budget for 2009; making supplemental appropriations thereto; and declaring an emergency. Budget and Financial Reporting Manager Kathleen Halloran reported town staff was notified on December 29 of significant health claim expenditures that were unforseen at the last 2009 budget adjustment. As these claims would cause an overage in the Health Insurance Fund 2009 expenditure budget, staff requested additional funds to be appropriated. Daly moved to approve the ordinance with Tjossem seconding. The motion passed unanimously, 7 -0. The seventh item on the agenda was Resolution No. 1, Series of 2010, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail. Brandmeyer reported that pursuant to Section 24- 6- 402(2)(c) of the C.R.S. as amended, 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. Brandmeyer explained the town's official postings occurred at the 4 east and west entrances of the Municipal Building. Rogers moved to adopt the resolution with Daly seconding. The motion passed unanimously, 7 -0. The eighth item on the agenda was Resolution No. 2, Series of 2010, a Resolution Approving an Intergovernmental Agreement between the Town of Vail and the Roaring Fork Transportation Authority. Public Works Director Greg Hall reported that in 2009 the Roaring Fork Transit Authority (the "RFTA ") had a bid and award to purchase buses. The Town of Vail has budgeted the purchase of six (6) buses in 2010. The town would like to enter into an agreement with RFTA to utilize RFTA's bid and award to purchase the town's six buses at the same or similar terms. The agreement would not require the town to purchase any bus equipment. Hall then asked Council to approve the IGA, and authorize the Town Manager to sign and enter into the IGA with RFTA in a form approved by the Town Attorney. Daly moved to approve the resolution with Rogers seconding. The motion passed unanimously, 7 -0. Town Attorney, Matt Mire, asked the Council if they would be inclined to enter into Executive Session at the end of the meeting for an update on current activity in Colorado regarding current case law that has been reported in the Vail Daily newspaper. Rogers moved to enter into Executive Session, pursuant to: 1) C.R.S. §24- 6- 402(4)(b) - to receive legal advice on specific legal questions, with Foley seconding. The motion passed 6 -1, with Cleveland opposed. The ninth item on the agenda was Adjournment. Foley moved to adjourn with Daly seconding at approximately 7:45 p.m. The motion passed unanimously, 7 -0. ,�OVW N Dick Cleveland, Mayor ATTEST: �4� '•.....••'�+ Lorelei Donaldson, Town Clerk 5 Vail Town Council Meeting Minutes Tuesday, January 19, 2099 -a r, - XO aj 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 Margaret Rogers Andy Daly Kim Newbury Kerry Donovan Susie Tjoseem 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. a. Timber Ridge Update Zemler reported the contemplated redevelopment continued to move forward and financing for the project remained viable. "U.S. Bank is being highly cooperative." Newbury said the Vail Economic Advisory Committee unanimously supported the project. The third item on the agenda was the Eagle County Regional Airport (EGE) Update. Air Planner Inc. representative Kent Myers provided an overview of operations and planning at the EGE: • Growth and history of EGE • Supporters of "guaranteed" air service • EGE Airport Economic Impact • The EGE Airport's relative size and traffic levels to other regional airports in the US • Future air service opportunities Meyers reported 500,000 skier days to "Vail proper" are generated on an annual basis by the Eagle County Airport. "By 2004 EGE had become the third busiest air hub in the state... Currently EGE is served by four major airlines... We have all of the legacy carriers in place ... There are many communities of 500,000 people who do now have the service available to EGE during the winter." During a pause for public comments, Michael Cacioppo asked Myers who he worked for. Myers said he worked for the Eagle Air Alliance (a group of local government and business supporting air service guarantees.) The fourth item on the agenda was a Joint meeting of the Town of Vail Planning & Environmental Commission and the Town Council to hear a presentation from the Ever Vail team. The presentation included Rob Katz, Vail Resorts CEO, who spoke to the reason and need for a fifth portal to Vail Mountain. The redevelopment team will then do an overview of the proposed project with a focus on the proposed provision of parking and plan for allocation of that parking. The presentation concluded with a discussion to identify topics to be considered for future hearings. The Council was not asked to make any formal action. Applicant representatives Dominic Mauriello, Tom Miller and Tom Allender explained the Ever Vail project is comprised of multiple applications to establish the entitlements for the redevelopment of the approximate 12.2 acre site. Katz explained, "The redevelopment of the area known as Ever Vail is an intricate project with many applications and steps within the development review process." Katz said the primary intent of his presentation was to focus on guest service. "The new mountain portal will reduce crowding on mountain, add parking, and create iconic development with high environmental standards... Vail Resorts only wants to participate in real estate deals that enhance the on- mountain experience... In this market we would not launch this project... Timing is everything ... I can't stress enough that a project like this needs to get going as soon as the market recovers ... Why process the Ever Vail application now? ... Because our company wants to be ready to go when the market rebounds to ensure success... We really are looking for community and Council input on this project ... I think the community and the Council want this project to be financially successful." Rogers asked if Vail Resorts was able to provide construction completion guarantees. Katz responded he would be willing to provide guarantees on an incremental phases which would be synched with the phased construction of the project. "Our company has never walked away from a project we have started." Responding to a question from Daly in regard to guest experience and parking, Katz commented, "Frontage Road parking is a huge detriment to the guest experience." Foley asked why Vail Resorts would not want to improve the Cascade Portal as opposed to building a new one. Katz stated the current allowable parking on the parcel was inadequate. During a pause for public comment, Paul Rondeau asked if Ever Vail would only add to guest confusion in regard to way finding. Michael Cacioppo asked how many employee housing units would be included in the project and for a proposed construction timeline. Katz confirmed the start date depended on the market. Cacioppo then spoke in support of the project as it would create jobs. Allender provided the audience with a discussion on estimated skier distribution and parking analysis. "We predict 908 skiers per day will be added due to the development... This is a pretty good number to use ... The "manage to" number is predominantly determined by Town of Vail limitations... The mountain is not the limiting factor." Allender explained that Vail Resorts is conducting a study and analysis of all on- mountain facilities in order to prioritize capital improvements. The group later clarified the proposed Ever Vail parking structure, with 1,551 spaces, would be the largest parking garage in Vail. Allender noted, "The parking at Ever Vail is going to become the favorite parking for some distribution of Vail skiers." Mauriello commented, "Ever Vail will be an extension of the Lions Head Village core ... The project is hugely pedestrian oriented." Daly expressed concern that parking requirements do not take into consideration newly added parking opportunities created by the town (diminishing the actual need for parking stalls). Zemler asked Council to identify issues they would like to discuss at future meetings. Rogers and Foley confirmed that as the project developed employee housing would be built as required and incrementally. PEC member Michaels Kurz said he would like to see conceptual renderings with views from the north and south of the waste water treatment plant on the south side of the proposed project. Zemler stated that in the future the town would need to focus on operational concepts. Daly asked, "How much retail can the town support?" Michael Cacioppo said parking on the Frontage Roads served as a positive as opposed to a negative. "Parking on the Frontage Roads tells people Vail is the place to be." Cleveland said he was looking forward to expanding the LionsHead parking structure right now. -- LionsHead Transit Center Recommendation. Town Engineer Tom Kassmel explained The Town of Vail and the Vail Reinvestment Authority (VRA) were in the process of studying the feasibility of constructing a LionsHead Transit Center in response to past planning efforts including the LionsHead Master Plan (1998), A Report on the Recommendation of a Preferred Site for the Town of Vail Transit Center (2005), Vail 20/20 (2007), the LionsHead Transit Center White Paper (2008), and the Vail Transportation Master Plan (2009). The VRA has contracted with the 4240 Architecture Team to complete the design study. The purpose of the evening session was to present the recommended revised components of the 113/213 Modified scenario based on previous input and discussions; further investigation of skier drop -off; scaling down and refining the impacts of the Frontage Rd. bus area; and softening the entrance to LionsHead Mall. Staff requested Council provide staff and the design team with direction to bring the recommended components through the Design Development (DD) and entitlement process. Kassmel noted that progress of the project since the project kick -off in May has been tracked on the Town of Vail website at http : / /www.vailgov.com /subpage.asp ?page_id =916. All formal documentation, memos and presentations are available for review. He then asked Council to provide staff and the design team with direction to bring the recommended components forward through design development and the town's entitlement process with a maximum total project budget of $15 million; authorize staff to enter into contract negotiations with the design team for the completion of Phase III - Design Development and Entitlements; and direct staff to update the LionsHead Master Plan to reflect the recommended components and ultimate long term solution. During a pause for public comment, local hotelier Bob Lazier spoke in support of the project and recommended a second floor entrance on the West in West Out to leave the option open for a east side exit. Steve Vrostic said the private sector could help redevelop the auxiliary building. One of Concert Hall plaza owners, Kim Hughes spoke in support of redeveloping Concert Hall Plaza. Council agreed to continue onto the design /development. Council did not support proceeding with the east mall plaza or Concert Hall Plaza improvements. -- Ordinance No. 2, Series of 2010, an emergency ordinance imposing a temporary moratorium of one hundred eighty (180) days in duration on the processing and approval of any application for a permit or license related to the operation of a business that sells medical marijuana pursuant to the authority granted by article XVII, § 14 of the Colorado Constitution; directing the prompt investigation of the Town's regulatory authority over such businesses. In the November 2000 general election, the voters of the State of Colorado adopted Amendment 20 to the Colorado Constitution (Article XVIII, § 14), which authorizes and limits the sale of medical marijuana for use in the treatment of certain debilitating medical conditions. The town has received inquiries from persons who are interested in opening and operating businesses and cooperatives that would offer medical marijuana for sale or distribution, including the cultivation of marijuana. The town's current regulations prohibit the operation of Medical Marijuana Dispensaries in the town. The imposition of a moratorium on the processing and approval of applications for town permits and licenses relating to the operation of Medical Marijuana Dispensaries will allow town staff, the Town Attorney and the Council to investigate the town's regulatory authority over Medical Marijuana Dispensaries. Rogers moved to approve the emergency ordinance based on the memorandum from Town Attorney Matt Mire, with Daly seconding. The motion passed unanimously, 7 -0. -- Information Update Assistant Town Manager Pam Brandmeyer told Council they were invited to outgoing Northwest Colorado Council of Government's Executive Director Gary Severson's retirement luncheon. -- Matters from Mayor & Council. Newbury announced closing contracts had been signed for two families to move into the town built Arosa Drive duplex intended to serve as workforce housing. Tjossem thanked long time local Mery Lapin for his continued efforts (30 years) with Vail Junior Hockey. Council then agreed to publically acknowledge Lapin for his volunteer work that had impacted generations of youth in the Vail Valley. Foley said a recently added waste receptacle on the 1 -70 pedestrian bridge was appreciated and being used. He then said the Vail Recreation District (VRD) would like to have joint meeting prior to the upcoming May election. Foley concluded his comments by mentioning the recent Fire Department swearing in was a great event. a. Parking Task Force Appointment Council agreed to invite potential Task Force applicants to attend the next Parking Task Force Meeting and ask them what their thoughts are. -- Adjournment. Foley moves to adjourn at 11:02 with Daly seconding. The motion passed unanimously, 7 -0. AL 1 Dick Cleveland, Mayor ATTEST: •��••.. c ° FOR& �e Lorelei Donaldson, Town Clerk Vail Town Council Meeting Minutes Tuesday, February 2, 2010 6:00 P.M. Vail Town Council Chambers Members present: Dick Cleveland, Mayor Susie Tjossem Kevin Foley Margaret Rogers Andy Daly Kerry Donovan 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 a review and approval of recommendations for minor modifications from the Parking Task Force for the remainder of the 2009 -2010 season. Public Works Director Greg Hall asked Council to review the recommendations of the parking Task Force and approve /disapprove or modify the changes to the parking program for the remainder of the 2009 -2010. Council established the parking task force to provide direction to the Council regarding parking operation policies for each year. The task force meets annually after the Martin Luther King Holiday to evaluate the results of the operational changes implemented, review trends and see if any changes need to be addressed and recommends possible changes to the operating policies if needed. The two areas focused on were the value pass lot and trailhead and park parking. The parking task force recommended the following changes to the parking policies for the remainder of the 2009 -2010 season: • Open the value pass qualification to Eagle County residents, employees or property owners on an experimental basis for the remainder of this season. The value (discount) would only apply Monday - Thursday. The discount would allow access at a rate of $15 for a full day of parking. 1 • The second issue was trailhead and park parking. The recommendation was to sign a portion of each trailhead and Stephens Park parking spaces with a three hour limit only restriction. Tjossem said there were too many parking rules and regulations. "It's (parking regulations) so complicated it's no wonder things don't get filled up." Rogers moved to accept the value pass recommendations including Sunday with Foley seconding. The motion passed unanimously, 7 -0. The motion opened to Eagle County residents, employees or property owners, a pass previously open only to Vail residents, employees and business owners. The pass is good for an off- peak rate, Sundays through Thursdays, at $12 for Vail residents and business owners and $15 for Eagle County residents and business owners. The peak prices, on Fridays and Saturdays, are now $20 and $22 respectively. The spaces are located on the top deck of the Vail Village parking structure and another 75 spaces are on the southern middle deck of LionsHead. All spaces are allocated on a first -come, first - served basis. Cleveland commented, "We have to stop punishing people for driving to Vail." Parking at trailheads will now include signs indicating half the spaces are for day skiers, while the other half are for those using the trails. Daly then moved to designate all parking spaces at Stephens Park for park use only while trailheads will post half with three hour parking with the rest for skiers. Tjossem seconding. The motion passed unanimously, 7 -0. During a pause for public comment, Michael Cacioppo said he would avoid paying for parking like the plague and suggested lengthening the 90 minute shopper parking time limit. Hall clarified that 25% of all parking transactions are under 90 minutes. Rogers suggested offering reduced rate parking coupons for merchants who could provide them to customers. Vail Chamber & Business Association representative Rich tenBraak said local merchants would favor two hours as opposed to the 90 minutes. Kaye Ferry cautioned Council to avoid making too many changes. The third item on the agenda was the Town Manager's Report. a. Revenue Update Budget & Financial Reporting Manager Kathleen Halloran reported when all sales tax returns are received for the month of December, collections for the month are expected to be $2,542,446 up 12.8% from budget (down 4.2% from December, 2008). Year -to -date total sales tax collections of $16.9 million exceeded the annual budget by 1.8% (down 13.9% from 2008). Inflation as measured by the consumer price index was up 2.7% for the month of December, and down 0.4% for all of 2009 compared to 2008. Use tax collections as of January 26, 2010, total $13,353, a 44% increase from last January. Collections for 2009, totaled $714,784, exceeding the $700,000 budget. The budget for 2010 is $500,000. 2009 lift tax collections total $3,048,011, down 2.2% from the annual budget of $3,115,000 (down 7.0% from 2008). 2009 construction permit revenue totals $794,181, down 7.4% from a budget of $858,000 and down 68% 2 from full year 2008. The decrease in activity from the prior year is due to both major and non -major redevelopment projects. Major redevelopment projects make up 48% of the total, and construction permit fee revenue from those projects is down by 81% from prior year. Revenue from non -major projects is down 23% from 2008. January 2010 construction permit revenue totals $8,018, down 50% from January, 2009. With a majority of 2009 transactions recorded, year -to -date Real Estate Transfer Tax collections through December 31, 2009, total $2,508,099, an increase of 3.6% over the annual budget of $2,420,000. This amount is a 72% decrease from 2008, a record year, due to both major and non -major redevelopment projects. Eagle County as of November, 2009 was down 60% in sales dollars and down 45% in the number of sales transactions. 2009 collections not related to major projects year -to -date are 39% down from this time last year. January 2010 RETT collections total approximately $205,463. This is 14% less than collections in January of 2009. Total parking revenue of $4,975,795 exceeded 2008 by 5.7 %, but was down 8.4% from 2009 budget. This revenue consists of both revenue from pass sales and daily sales from the parking structures: Parking Pass sales for 2009, total $701,813, a 12.4% decrease from full year 2008, and a 21.7% decrease (or $195,000) from the 2009 budget. Daily sales from the parking structures total $4.3 million for 2009, up 9.4% from full year 2008, and down 5.8% from budget. Daily sales started strong early in 2009, but have lagged so far this season. As of January 18, daily sales total approximately $659,496. Although sales were lean the early part of the month, this past weekend showed improvement with an 8% increase over the same weekend last year. Across all funds for 2009, total revenue of $42.5 million met the annual budget (down only 0.8 %). Town reserves total an estimated $50.6 million. During a pause for public comment, Vail Homeowner's Association representative Jim Lamont clarified a revenue figure. c. Rocky Mountain Rail Feasibility Update Public Works Director Greg presented Council with an update on the current status of a rail line access to Vail from the Front Range. The preferred plan at the moment includes running the line from Copper Mountain to Camp Hale, subsequently skipping Vail. During a pause for public comment, Vail Homeowner's Association Jim Lamont asked if any environmental studies had been performed and asked Council to look long term. Hall said no studies had yet been performed. Michael Cacioppo expressed concern over the potential noise impacts. The fourth item on the agenda was the Consent Agenda. a. Approval of the 01.05.10 & 01. 19.10 Vail Town Council Minutes. Rogers moved to approve the minutes with minor amendments with Foley seconding. The motion passed unanimously, 7 -0. 3 The fifth item on the agenda was Resolution No. 4, Series of 2010, a resolution authorizing the Town of Vail to apply for a Local Parks and Outdoor Recreation grant from the State Board of the Great Outdoors Colorado (GOCO) Trust Fund for the Red Sandstone Elementary School (RSES) playground renovation. Gregg Barrie and Eagle County School District representatives informed Council that the State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ") assists local governments in acquiring, expanding, enhancing and improving parks, outdoor recreation and environmental education facilities. The town has a 30 year lease with Eagle County School District for the elementary school known as Red Sandstone Elementary School. The Town has requested $200,000 from GOCO to sponsor the relocation and renovation of the RSES playground on behalf of the District. Cleveland clarified the cost estimate for the total project was for $264,000. Cleveland clarified that use of the playground will be limited to non- school hours. LionsHead hotelier and Red Sandstone Elementary parent Keith Ozda spoke in support of the project. Daly moved to approve the resolution with Rogers seconding. The motion passed unanimously, 7 -0. Foley and Newbury said the park was an excellent addition to the community. The sixth item on the agenda was a presentation of three alternatives for considering a request to extend the approval periods for four existing development review application approvals which are presently set to expire. Community Development Director George Ruther explained Council has approved four development plans for the Cascade Residences, Cornerstone Residences, Strata and Timberline Roost Lodge. Since those approvals however, the United States entered into a deep recession and the town has adopted a construction use tax, 50 percent on -site employee housing requirements and new international building codes. The three new laws would place further financial hardship on the four approved developments. Ruther asked Council if they wished to pursue any of the three alternatives outlined in a memorandum provided to Council. The Community Development Department recommended Council instruct staff to pursue Alternative #1: #1: Extend the Approvals for 12 months Subject to an Administrative Action Given the unique circumstances of the present conditions of the economy and other factors out of the control of the applicants, the Vail Town Council may conclude that an extension is warranted. With this in mind, the Town Council could choose to instruct staff to grant an extension to the approvals for the four specific projects in question, subject to the following terms: 1) One -time 12 month extension from the date of the expiration date. 2) The extension shall only be valid for the approved development plan(s) that was granted. Any request for a change to the approved plans (i.e., 4 any change that requires a review by the PEC), except for a design review change to approved plans request, shall cause the extension to be void. 3) Any application that has not yet received approval for a building permit shall fully comply with the 2009 International Building Codes, as adopted and as may be amended. 4) The granting of the extension shall be by administrative action. Ruther clarified the 12 month extension was not arbitrary. Daly said, "We are fooling ourselves if we think things (current economic situation) will work themselves out in one year." Rogers suggested making the extension 18 months. Timber Line representative Greg Gastineau said there was not construction financing available. "We aren't waiting for market conditions to get better ... We are waiting for banks to start lending money again." Michael Cacioppo asked Council to consider approving the projects as it may take years for some of them to continue. Strata representative Rocky Cortina said the addition of the use tax would add another line -item to the construction budget making financing even more difficult. Daly moved to approve alternative number one with the change from 12 to 18 months with Rogers seconding. Cleveland said his best judgment told him he could not support any extension ever. "It seems to me we had limits on a approval for a reason ... I will be voting against the motion due to the time limit." Rogers said she wanted the projects to go forward because construction creates jobs. "This is a much bigger issue than these four projects." The motion passed unanimously, 6 -1 with Cleveland opposed. The seventh item on the agenda was Adjournment. Foley moved to adjourn with Daly seconding at 7:46 p.m. The motion passed unanimously, 7 -0. ,�pW N • Dick Cleveland, Mayor • t ATTEST: G� •....••'�• RADO o Donaldson, Town Clerk 5 Vail Town Council Meeting Minutes Tuesday, February 16, 2010 6:00 P.M. Vail Town Council Chambers Members present: Dick Cleveland, Mayor Susie Tjossem Kevin Foley Margaret Rogers Andy Daly Kerry Donovan 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 Homeowner's Association representative Jim Lamont spoke in regard to the upcoming Community Survey. "The degree of response has always troubled me ... It has been looked at by some as a political document as opposed to a factual document." Local filmmaker Roger Brown announced, "The Vail 50 anniversary film is being produced ... I have a 100,000 feet of film ... If we do the right job with the original film it will look like 35mm ... Vail Resorts has contributed to about half the total budget ... We are really examining a lot of possibilities." If you care to contact Brown or have photography or video that may be of interest, please contact him at 970 - 524 -1588. The second item on the agenda was the Town Manager's Report. a. Insurance Service Office (ISO) Rating Update Fire Chief Mark Miller reported the town's ISO rating had recently improved. "We are currently rated four with one being best." b. Green Business of the Year Award to the Town of Vail Cleveland announced the town had been awarded the Vail Valley Partnership's, Green Business of the Year Award. Cleveland said it was really town staff who deserved the award. Kristen Bertuglia and Bill Carlson received the award from the Mayor. 1 The third item on the agenda was the adoption of Council Vision Document / 2010 Priorities. Town Manager Stan Zemler reported The Town of Vail budget adopted for the 2010 reflects the town's priorities established during the December 8, 2009 retreat. Primary areas of focus in 2010 are: 1. Guest relations & customer service 2. Economic vitality 3. Budget & capital management 4. Master planning 5. Transportation & parking 6. Work force housing 7. Environmental stewardship Tjossem said there needed to be more action items and tactics for guest services. Daly said the list should be more specific. He emphasized the need for an outline of concrete steps. "I am not sure that this is going to drive the future of Vail." Foley asked for a Work Session to be scheduled to discuss where exactly the town wanted to focus its efforts. Cleveland said he felt the areas of focus remained too broad. Rogers said she would like more of a community discussion. Foley said the community meeting was March 9 and that would be good opportunity to get community input. During a pause for public comment, Vail Homeowner's Association representative Jim Lamont said only winter recreation would improve the local economy. "All energy needs to be put into generating the largest amount of destination guests through the next two winters." Zemler said staff would return to Council for a follow -up discussion. The fourth item on the agenda was a Mountain Travel Market Update. Ralf Garrison provided an update on economic /market conditions in the mountain resort industry. Garrison, an analyst with the Mountain Travel Research Program, told Council members that lodging reservations had improved compared to 2008 -09, although at an expense. Garrison explained lodges are dropping rates to increase occupancy. He reported occupancy in Vail hotels the winter of 2009 -10 were up 5.1 percent over 2008 -09 at the close of January. Garrison stated consumer confidence, looking ahead about six months, is up. "Our consumers are more optimistic about the future than they are about the present," Garrison said. He also noted there is evidence that Vail, along with other resort markets, is helping to create last- minute booking behaviors. The industry has determined guests are booking later, thus rearranging marketing strategies to capture that new behavior. Garrison was skeptical last- minute booking is as big of a market trend as lodge operators believe. "There's a 2 modest change in this year versus last year... Maybe the shift is not coming as much from the marketplace as much as it is from our own self - fulfilling prophecy." Garrison suggested offering something other than lower rates at lodging properties to get people to come to town. That solution aligns with the town's focus on bringing more special events to town. Tjossem mentioned other resort towns are improving occupany, so there is an opportunity for Vail to turn the corner. Vail Homeowners Association representative Jim Lamont questioned whether encouraging signs of higher occupancies combined with lower rates is good for business in the future. Lamont said once discounting has become a normal behavior, it "prolongs the economic recovery because then the consumer expects discounting to continue." Garrison agreed the scenario is a potentially negative side effect of enjoying the higher occupancies at the expense of rates. Vail Chamber & Business Association representative Rich tenBraak thanked Council for supporting the MTrip reports and said they were very valuable. Daly clarified Vail was number three in average summer occupancy rates. The fifth item on the agenda was a request to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Gore Creek public stream tract, generally located adjacent to the Mountain Haus at 292 East Meadow Drive. Staff reported that the applicant, Mountain Haus, has requested permission to proceed through the development review process with a proposal to construct a laundry vent pipe and associated culvert on the town owned Gore Creek public stream tract. The applicant can not proceed with these development applications without first obtaining Council's joint property owner authorization for the proposed construction on the town owned parcel. Foley said he was disappointed there was no site visit. He then encouraged approving the request and allowing the PEC to review it. Mountain Haus representative Steve Hawkins spoke in support of the request. Rogers moved to approve the request with Foley seconding. Newbury said she wanted to stay consistent with the town's goal of preserving riparian areas. "I don't think we need to make special circumstances for certain properties." Cleveland said he had serious concerns about a potential steam plume being emitted in a riparian area. Local hotelier Rob Levine encouraged Council to allow the applicant to proceed through the process at his own peril. VCBA representative Rich tenBraak and Rich Self spoke in support of Council allowing the applicant to proceed. The motion failed, 3-4 with Tjossem, Foley and Rogers voting in support. The sixth item on the agenda was the First reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations. On January 25, 2010, the PEC forwarded a recommendation of approval, with modifications, for changes to both the LionsHead Redevelopment Master Plan 3 and the Development Standards of the Vail Town Code. The modifications, which are reflected in the proposed language in the ordinance and resolution, are as follows: The definition of solar panel was proposed to be revised to be more specific to solar panels and not the broader definition of solar collectors. The phrase "and shall not exceed the height of adjacent roof ridges" was proposed to be stricken from the suggested language. Planner Rachel Friede explained that today's regulations do not meet the need for alternative energy or photovoltaic aesthetics. Daly said he did not want solar panels to dramatically impact the heights of buildings. Donovan expressed concern that solar panels could not be aesthetically modified in any way and maintain their warranty. Local hotelier Rob Levine said lowering the amount would probably kill the project. Environmental Sustainability Coordinator Kristen Bertuglia said to restrict the number of panels or the size of the array would limit the potential solar arrays return on investment (ROI). Vail Homeowner's Association representative Jim Lamont said Council should pay close attention to reflectivity. "We need to be cautious with how we redevelop these buildings." Daly moved to approve the ordinance with the amendment that maximum allowable roof height not exceed two additional feet with Foley seconding. The motion failed 3-4, with Foley, Donovan, and Daly voting in favor. Rogers then moved to approve the ordinance with Tjossem seconding. The motion passed 4 -3, with Cleveland, Newbury, Donovan and Foley opposed. Daly asked for renderings of the potential impacts of solar arrays on lift lines. Levine said if the town wanted to improve the environment there would have to be aesthetic tradeoffs. The seventh item on the agenda was Resolution No. 3, Series of 2010, a resolution approving the second amendment to the Core Site Employee Housing between the Town of Vail and the Vail Corporation, d /b /a Vail Associates, Inc. The town and the Vail Corporation d /b /a Vail Associates, Inc. (VAI) are parties to a certain Core Site Employee Housing Agreement dated as of December 18, 2007, and as modified by the Amendment to Core Site Employee Housing Agreement dated as of March 26, 2009. The Employee Housing Agreement establishes requirements for the posting of a Letter of Credit by VAI. VAI has proposed to modify the requirements under the Employee Housing Agreement governing the amount of the Letter of Credit in the manner provided in the Second Amendment to Core Site Employee Housing Agreement for the Council's consideration. Rogers expressed concern Vail Resorts had owed employee housing for over two years. "Pulling a building permit is not a guarantee you will have a project... I'm not willing to allow the risk of another disappointment." Cleveland said he wanted to make the sure the project once started would be completed. During a pause for public comment, Michael Cacioppo said he believed Vail Resorts received too much special consideration. Rogers moved to deny the resolution with Foley seconding. The motion failed 2 -5 with Foley and Rogers voting in favor. Daly then moved to approve the resolution with Donovan seconding. The motion passed 4 -3 with Foley, Rogers and Cleveland opposed. 4 The eighth item on the agenda was Resolution #6, Series of 2010, a resolution of the Town of Vail allowing for a one time, eighteen month, administrative extension to the lapse of approval for certain approved development plan approvals. On February 2, 2010, Council instructed staff to prepare a resolution for the Council's consideration that allows for an extension to the approval periods for four specific development plan approvals. The four projects affected by this resolution are Cascade Residences, Cornerstone Residences, Strata and Timberline Roost Lodge. In instructing staff to prepare the resolution, Council concluded the current state of the economy and the present circumstances within the financial markets making the ability to obtain construction financing difficult, or nearly impossible, warrants the need for this resolution and the 18 month extension. Rogers moved to approve the resolution with Daly seconding. Cleveland said he was not comfortable with granting an 18 month extension. The motion passed 6 -1, with Cleveland opposed. The ninth item on the agenda was Adjournment. Foley moved to adjourn with Newbury seconding at approximately 8:40 p.m. The motion passed unanimously, 7 -0. S EA Dick Cleveland, Mayor ATTEST: ORAO� Lorelei Donaldson, Town Clerk 5 MEDIA ADVISORY Vail Town Council Meeting Minutes Tuesday, March 2, 2010 6:00 P.M. Vail Town Council Chambers Members present: Dick Cleveland, Mayor Susie Tjossem Kevin Foley Margaret Rogers Andy Daly Kerry Donovan 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 Chamber & Business Association representative Richard tenBraak thanked Council for their support of the Premier Impressions (customer service) program. Local gallery manager Rayla Kundolf thanked town staff for their support after the recent death of a locally featured artist. She then asked Council to consider repurposing the empty Colorado Mountain College space at the Vail Cascade into a performing art center. "We have this missing chip for the in- between things (i.e., performances that cannot take place outside) that could take place in this community." Cleveland said the topic was a great segue for the Council to begin the conversation about what to do with the conference center funds. Rogers said she supported the idea. "There are opportunities that are being missed that are similar to what you are describing." The second item on the agenda was the Town Manager's Report. a. Revenue Update Finance Director Judy Camp announced that when all sales tax returns are received for the month of January, collections for the month are expected to be $2,553,520 down 2.5% from January, 2009 and down 1% from budget. Inflation as measured by the consumer price index was up 2.6% for the month of January compared to 2009. Use tax collections as of February 24, 2010, total $45,167compared with just $9,899 at this time last year. Included in 2010 1 collections are the Ramshorn and several remodel projects including an addition to a Vail Village Inn unit. No comparable activity occurred in the first two months last year. The budget for 2010 is $500,000. Lift tax collections total $704,561, on pace with budget and last year. The annual budget totals $3,115,000. Construction permit revenue through February 24, 2010, totaled $45,935 including $21,457 from major redevelopment projects compared with $107,407 from major projects last year. Revenue from non -major projects is up 6% from 2009. The 2010 budget for construction permit fees is $425,000. RETT collections through February 24, 2010, total $547,630. This amount is a 61% increase from this time last year. Approximately half of the 2010 sales are from major redevelopment projects. Collections not related to major redevelopment projects are up 8% from 2009. Pass sales through February 25 total $90,214, up significakly from the first two months of 2009 ($35,343) due to an increase in value pass sales. Year -to -date daily sales (from the parking structures) total $1.6 million, up 2% from 2009. Please note this report for February sales did not include the last weekend of the month. b. Council Vision Town Manager Stan Zemler said he wanted to establish areas of focus and be very specific about some of the things Council wished to accomplish. c. Community Survey Update Zemler told Council to provide any comments they have about the survey to Community Information Officer Suzanne Silverthorne as soon as possible. d. Collection of Sales Tax on Short Term Rentals Finance Director Judy Camp reported that all short-term property rentals are subject to sales tax regardless of ownership, type of unit, or frequency of the rental. "The owner of the property is responsible for collecting and remitting taxes to the Town of Vail and the State of Colorado. The Town of Vail has had a program in place to monitor this activity for over ten years. We make efforts to contact the owners of the properties that are being rented and make it easy for them to pay what is due the town." Council thanked Camp for her efforts. The third item on the agenda was the Consent Agenda. a. Approval of 02.02. 10 & 02.16. 10 Town Council Minutes Foley moved to approve the minutes with minor amendments with Rogers seconding. The motion passed unanimously, 7 -0. The fourth item on the agenda was a request to proceed with the procurement of (6) 40' low -floor traditional buses. 2 In January 2010, the Town of Vail entered into an intergovernmental agreement with RFTA (Roaring Fork Transit Authority) to "piggy- back" on their contract with Gillig Buses. Fleet Manager Todd Scholl requested Council approval to proceed with the purchase of (6) 40' low -floor buses per this agreement at a cost of $369,185 per bus. Cleveland clarified there was a third party resident inspector who followed the buses through the manufacturing process. Daly clarified the buses were diesel- hybrids. Scholl said incorporating natural gas buses into the town's fleet would be cost prohibitive. "The fueling system alone would be very expensive." During a pause for public comment, Rich tenBraak asked why the town would "piggy- back" their procurement. Scholl said the town had traditionally used "piggy- back" contracts due to comparatively small orders. Daly moved to approve the request with Foley seconding. The motion passed unanimously, 7 -0. The fifth item on the agenda was the First reading of Ordinance No. 4, Series of 2010, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund of the 2010 Budget for the Town of Vail, Colorado. Finance Director Judy Camp reported on preliminary 2009 year -end results. Revenue will be essentially flat with budget, while expenditures are favorable to budget in all funds. Council agreed to a staff recommendation to reduce the amount of sales tax revenue directed to the General Fund by $1 million and re- direct that amount to the Capital Projects Fund. In considering Ordinance No. 4, Daly encouraged not including any new capital projects in the supplemental. Zemler said a capital discussion would take place prior to a second reading of the ordinance. Public Works Director Greg Hall explained money was budgeted to increase the safety of the Covered Bridge and improvements to the Creekside Apartments had been scheduled for quite some time although additional remediation requirements had been found. He then said newspaper boxes were considered street furniture in the budget. Rogers moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7 -0. The sixth item on the agenda was the Second reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations. Staff requested that Council table this item to the April 6, 2010 meeting. On January 25, 2010, the PEC forwarded a recommendation of approval, with modifications, for changes to both the LionsHead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, the Vail Town Council approved Ordinance No. 3, Series of 2010, upon first reading by a vote of 4 -3 -0 (Daly, Donovan and Foley opposed). Council requested staff return with additional information, including renderings and pictures of existing and potential solar panel installations. Newbury moved to 3 table the ordinance until April 6, with Tjossem seconding. The motion passed unanimously, 7 -0. The seventh item on the agenda was Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, LionsHead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, LionsHead Redevelopment Master Plan, in order to amend the guidelines on solar panels in LionsHead. Staff requested Council table this item until the April 6, 2010 meeting. On January 25, 2010, the PEC forwarded a recommendation of approval, with modifications, for changes to both the LionsHead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, Council discussed Resolution No. 5, Series of 2010, but no action was taken. Daly moved to table the resolution until April 6, with Rogers seconding. The motion passed unanimously, 7 -0. The eighth item on the agenda was Adjournment. Newbury moved to adjourn at 7:00 p.m. with Foley seconding. The motion passed unanimously, 7 -0. OF • SE Dick Cleveland, Mayor ATTEST: c OL ORP� Lorelei Donaldson, Town Clerk 4 Vail Town Council Meeting Minutes Tuesday, March 16, 2010 6:00 P.M. Vail Town Council Chambers Members present: Dick Cleveland, Mayor Susie Tjossem Kevin Foley Margaret Rogers Andy Daly Kerry Donovan 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. Michael Cacioppo thanked Council for making the decision to broadcast Work Session meetings on Channel 5. Rob Levine expressed concern over the cumbersome development review process in regard to a lodging property remodel. He then asked Council to allow the Mountain Haus permission to proceed through the development review process (to allow a ventilation pipe in the public right -of -way). Rick Sackbauer announced there were two upcoming special district elections (Eagle River Water & Sanitation District, Vail Recreation District). The second item was a discussion about the importance of the upcoming 2010 CENSUS. Geographic Information Systems specialist Sean Koenig asked Council to declare April 1, 2010, Census Day, and April, 2010, to be known as Census Month. Koenig explained the U.S. Constitution requires a national census once every ten years to count everyone residing in the United States. Census data is used to determine the proper number of congressional seats each state will have in the U.S. House of Representatives, as well as how to allocate more than $400 billion in federal and state funds to states and communities every year for neighborhood improvements, emergency preparedness and disaster recovery, public health, education, transportation, senior services, and much more. Census data is also used to help guide local decision makers analyzing growth and forecasting demands and planning for improvements in health care, education 1 and community — based and social service programs and /or infrastructure. A Census questionnaire form will be delivered to each residence in the country in March 2010, and households are expected to complete the questionnaire in the safety of their own home and mail back their questionnaire upon completion. The Census questionnaire responses should represent the household as it exists on April 1, 2010. Meanwhile, Census takers will visit households that do not return questionnaires in April in order to take a count in person, at a significant additional federal cost. Daly asked what second homeowners were to do with their census materials. Koenig said Census materials left at unoccupied residences would be removed at the beginning of April. Michael Cacioppo urged caution answering questions that are not constitutionally mandated. Rogers move to approve the proclamation with Foley seconding. The motion passed unanimously, 7 -0. The third item on the agenda was the Town Manager's Report. There was none. The fourth item on the agenda was a Design Review Board (DRB), Planning and Environmental Commission (PEC) and Art in Public Places (AIPP) Board Appointments. 1) Appoint three applicants to the DRB for a term of two years each (through March 31, 2012). 2) Appoint four applicants to the PEC for a term of two years each (through March 31, 2012). 3) Appoint two applicants to the AIPP for a term of three years each (through March 31, 2013) and one appointment to complete the vacancy left by Brittany Kennedy, whose term ends March 31, 2012. Note: Pam Hopkins was term limited and could only serve two more years (until March 31, 2012) on the AIPP, if reappointed. There were four vacancies for PEC, three vacancies for DRB and three vacancies for AIPP. The town received six,(6) applications for the DRB; six (6) applications for the PEC; and four (4) applications for the AIPP. Incumbent members of the DRB, PEC, and AIPP are noted by asterisks below. It was requested that Council interview each applicant at the work session and then appoint four applicants to the PEC; three applicants to the DRB and three applicants to the AIPP at the evening meeting. The applicants were as follows: DRB: Brian Dalrymple; Mike Dantas; Peter Dunning; Roland Kjesbo; Diana Mathias; and Ellizabeth Plante. PEC: Brian Dalrymple; Mark Gordon; William Pierce; Henry Pratt: Sarah Robinson - Paladino; and Tyler Schneidman. AIPP: Sally Connelly; Pamela Hopkins; Jennifer Mason; and Bill Rey. 2 Newbury moved to appoint Mason, Rey and Hopkins to the AIPP with Foley seconding. The motion passed unanimously, 7 -0. Newbury moved to appoint Dunning, Kjesbo and Plante to the DRB with Foley seconding. The motion passed unanimously, 7 -0. Newbury moved to appoint Pierce, Pratt, Paladino and Schneidman to the PEC with Foley seconding. The motion passed unanimously, 7 -0. The fifth item on the agenda was Vail 360: Designing the Next Chapter of the Vail Economy. Beth Slifer, Chair, Vail Local Marketing District Advisory Council provided an update on market conditions in the mountain resort industry coupled with the research conducted by Reach Advisors (RA) to identify a long -term strategy for a third economy for Vail. In addition, gaps in existing facilities were identified that may be keeping Vail from achieving a world -class guest experience. RA recommended: • Develop larger meeting /conference space that could be used for multiple purposes. • Enhance parking. • Increase number of athletic fields. • Redevelop /repurpose Vail Golf Course clubhouse. Donovan clarified health and wellness has gone beyond the stereotype of spas and pampering. Slifer responded, "We are talking about activities that are athletic although not necessarily competitive... Engaging in recreation yourself ... It is fitness oriented ... We are seeing indications of major shifts in fitness /wellness accelerating in 2009 ... It is the fitness /wellness category where we see increased discretionary spending... Fitness /wellness is replacing luxury as the new marker of wealth." Daly said the group's recommendations were very politically correct. Slifer said the Conference Center funds should be used as seed money to begin to fulfill all of the recommendations. "We have a fantastic natural environment... We just need the facilities... There is no facility (in the Town of Vail) that has 1200 seats ... The key is that it (proposed facility) needs to be multi -use and not static." Tjossem encouraged using the VEAC to prioritize projects and begin work immediately. "This has given us a clear vision of where we can be soon." Cleveland said he was afraid of trying to perform all the improvements simultaneously. Slifer commented, "The failed projects of the past have been to singular... If we do it piecemeal we will not be fulfilling the goal of the third leg of the economy." Zemler said, "Let's try and bundle a couple of these projects." Slifer encouraged setting criteria to eliminate "hanging to many ornaments on the Christmas tree." During a pause for public comment Gwen Scalpello said through private /public partnerships many of the goals could be met today and that current facilities are not being completely exploited. Local hotelier Rob 3 Levine said he thought the ideas were something the lodging community could support. The sixth item on the agenda was the 2009 Year -end Investment Report. Finance Director Judy Camp reported that 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 for each quarter. This agenda item was a presentation of the town's investment report as of December 31, 2009. Camp said the town's financial advisor, Piper Jaffray, continually searches for the best investments. "Everything we invest in meets the goals and regulation of our investment policy." Cleveland noted, "In this economy cash in the bank is a good thing." The seventh item on the agenda was a West Vail Fire Station update, including site plan, floor plans, elevations, 3 -D model, and budget. Fire Chief Mark Miller and Don Watkins, Belford- Watkins Architect reported the Town Council (as owners) need to approve the project for final application to the PEC and DRB. In late October 2009, Council approved moving forward with the design and budget proposal for the West Vail Fire station. At the October meeting, staff and the design architects provided Council with an estimated budget of $5,439,318, which incorporated many of the recommendations from Council, PEC, DRB and the design committee relative to cost saving measures. The design committee made several revisions to further value engineer the project. The project has been through three conceptual PEC and DRB meetings, and has received preliminary approval to move forward incorporating recommended changes. In addition, Miller asked Council to provide input regarding the General Contractor selection process. Miller said staff hoped to bring a recommendation to Council on April 6th for approval of a general contractor and final budget. Newbury expressed concern about the amount of proposed landscaping. Donovan asked if the site could be used as a hazardous materials drop -off point. Cleveland said he was disappointed the elevations (images) were received on letter size paper as they were difficult to assess. Tjossem asked if the operations of the station could be phased in. Miller responded, "Moving everyone into at once is the ideal situation." Watkins commented, "We are going for a Leadership in Energy and Environmental Design (LEED), silver certification at this time." Rogers clarified the committee and Miller were negotiating the construction costs with general contractors. Miller commented, "It has been a very arduous process... Right now we are working on a guaranteed maximum price ... We are considering local (workers) being Summit County to Glenwood Springs." The eighth item on the agenda was the Second reading of Ordinance No. 4, Series of 2010, and ordinance making supplemental appropriations to the Town 4 of Vail General Fund, Capital Projects Fund, dispatch Services Fund, and Heavy Equipment Fund of the 2010 budget for the Town of Vail, Colorado. Daly asked for a break out of new projects and old projects. Public Works Director Greg Hall clarified the 1 -70 noise line item does not have project (funds are annually rolled over as a saving mechanism for a larger project). "Previous Council's used roll forwards as a savings methodology." Council directed staff to fund the waterline relocation for the Bald Mountain berm from the 1 -70 Noise project in the Capital Projects Fund instead of from the Real Estate Transfer Tax (RETT) Fund as proposed. Daly asked for a site visit to proposed capital improvement sites. Newbury moved to approve the ordinance as amended to appropriate $101,500 from the Capital Projects Fund instead of the RETT Fund as discussed above, with Foley seconding. The motion passed unanimously, 7- 0. Foley congratulated town employees, Wendy Kaemmerlen and Kathleen Halloran, on the recent birth of their baby girls. The ninth item on the agenda was Adjournment. Foley moved to adjourn with Rogers seconding at approximately 9:37 p.m. The motion passed unanimously, 7 -0. OF SA O '• •; Dick Cleveland, Mayor ATTEST: COLpRQ' Lorelei Donaldson, Town Clerk 5 Vail Town Council Meeting Minutes Tuesday, April 6, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Margaret Rogers Andy Daly Kim Newbury Kerry Donovan Susie Tjoseem 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 Chamber & Business Association representative Richard tenBraak provided an update on the Premier Impressions customer service program. The second item on the agenda was a Proclamation Honoring Mery Lapin's Support of Vail Junior Hockey. Tjossem read a proclamation that honored Mery Lapin's contributions to Vail Junior Hockey and to the community. During a pause for public comment, Jim Lamont said Lapin was a true ambassador. The third item on the agenda Doris Kirchner, President, President and CEO of Vail Valley Medical Center (VVMC) provided a state of the hospital report to Council. Kirchner explained the orthopedics and sports medicine component of the organization deliver about 60% of the hospital's revenue. The VVMC currently has 850 employees during the winter spread throughout the valley (Avon, Beaver Creek, Edwards). VVMC will soon be able to receive ambulances at an urgent 1 care center in Gypsum. In the Vail facility, semi - private rooms are being reconfigured as private rooms. The fourth item on the agenda was the Consent Agenda. a. Approval of 03.02.10 &03.16.10 Town Council Minutes. Daly moved to approve the minutes without amendments with Foley seconding. The motion passed unanimously, 7 -0. The fifth item on the agenda was the Town Manager's Report. a. Revenue Update. Town Manager Stan Zemler reported that when all sales tax returns are received for the month of February, collections for the month are expected to be $2,564,368, essentially on budget for the month. Year -to -date sales tax collections are on budget and down slightly (1.7 %) from last year at this time. Inflation as measured by the consumer price index was up 2.1 % for the month of February compared to 2009. Use tax collections as of March 31, 2010 total $76,902 compared with just $22,889 at this time last year and $30,000 budgeted. Included in 2010 collections are the Ramshorn and several remodel projects including an addition to a Vail Village Inn unit and a remodel at Millrace Condos. No comparable activity occurred in the first three months last year. The full -year 3 budget for 2010 is $500,000. Lift tax collections total $1,437,621, on pace with budget and slightly ahead of last year. The annual budget totals $3,115,000. Construction permit revenue through the first quarter totals $64,737 including $19,623 from major redevelopment projects compared with $131,080 from major i projects at this time last year. Revenue from non -major projects is up 9% from 2009. The 2010 budget for construction permit fees is $425,000 with year -to- date revenue tracking on budget. RETT collections through March 30, 2010 total $1,064,828, up 23% from budget. This is also a 62% increase from this time last year. Approximately $409,522 of the 2010 sales are from major redevelopment projects including Arrabelle, Lions Square North, Manor Vail, Mountain View, Forest Place and the Vail Plaza Hotel. Collections not related to major redevelopment projects total $655,306 and are more than double the amount collected in the first quarter of 2009. The sixth item on the agenda was the West Vail Fire Station General Contractor (GC) selection process. Fire Chief Mark Miller explained that staff and the town's consultant (ARC Integrated Program Management) prepared a summary of the General Contractor (GC) selection process to procure a GC for the construction of the new West Vail Fire Station No. 3. In December of 2009, ARC Integrated Program Management, Inc. was hired to help the Town of Vail Fire Station Committee (consisting of 10 -11 individuals) publicly procure a GC to build the 2 t new West Vail Fire Station No. 3 project. The selection process consisted of multiple phases, starting with soliciting qualifications from interested firms. Seventeen candidates submitted qualifications in early January 2010 from which the Committee chose ten to invite to the Request for Proposal (RFP) stage. Fee and General Conditions proposals were solicited from the ten very qualified firms, nine of which chose to respond. Based on the fee and general conditions proposals in conjunction with the qualifications received, five firms were invited to prepare Preliminary Guaranteed Maximum Price (GMP) proposals and attend oral interviews to introduce the proposed team members to the Committee and present their GMP proposals in detail. Based on the GMP proposals and interviews, three final candidates were invited to review and provide comments on a proposed agreement form prior to a recommendation being made. Based on the selection process /criteria, the Committee and Consultant recommended Council approve the hiring of Drahota Commercial, LLC to provide preconstruction services with the option and intention of later adding construction of the project to their agreement. The project was approved unanimously by PEC and was scheduled to proceed to final DRB on April 7th. Recommendations from Council at the March 16 meeting relative to landscaping reduction and snow melt recommendations were incorporated into the project and will continue to be further evaluated and value engineered. Cleveland clarified all respondents were asked for identical information. Chris Evans of Evans Chaffee Construction addressed Council regarding the recommendation to hire Drahota to build the station. Evans said neighboring communities were requiring the use of local contractors for public projects and asked Council to reconsider his bid. Tjossem said she felt there was a problem with the process if there was not special preference given to local contractors. "The process does not feel right for me ... I would like to see the process changed." ARC representative Adam Williams stated all final contractors intended to use 60 -70% of sub contractors from the Vail Valley. Newbury said she felt comfortable with ARC's process as she had successfully worked with them in the past. Donovan said Drahota had the lowest cost risk to the town. Daly moved to approve the contract with Drahota with Foley seconding. The motion passed 6 -1, with Tjossem opposed. Cleveland said the process was fair and rigorous. The seventh item on the agenda was an Update on the Conference Center Funds Reallocation. Town Manager Stan Zemler reported that in 2006, Council made a decision a future ballot issue for reallocation of the Conference Center funds should be used to "increase occupancy and increase overall economic activity." Since that time, several circumstances have occurred which have impacted how a ballot question is formulated. The town's five -year and fifteen -year capital planning documents continue to show a lack of funds for maintaining existing facilities or adding new projects at a level commensurate with our vision to be a premier resort community The parks and recreation master plan has been completed, with a significant need identified for facilities improvements including the Vail Golf 3 Course clubhouse. The current Council has identified five top priorities for the town - budget and capital management, parking and transportation, economic development and vitality, affordable housing and environmental stewardship. Zemler then recommended a working group comprised of not more than nine members. Two members would come from the Town Council, two from the Vail Economic Advisory Council and five appointed by the Town Manager. "I would then plan to meet over the next several months for the purpose of soliciting ideas." Daly said that any decision should drive occupancy and sales tax. "I would suggest that you find a strong chairperson to drive this process ... To provide some leadership on a potential economic driver for this community." During a pause for public comment Vail Homeowner's Association representative Jim Lamont encouraged public input and the consideration of impact to adjacent neighborhoods. Cleveland noted, "All we are trying to do is identify more ideas." Tjossem encouraged using research developed by economic development specialist James Chung and the Vail Economic Advisory Council. Zemler clarified Council desired a bricks and mortar project that fills a perceived gap in health /wellness, cultural, education and athletic facilities available in Vail. Donovan and Tjossem agreed to serve on the committee. The eighth item on the agenda was an appeal pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the PEC's determination that Section 14- 5 -2 -K, Valet Parking, Vail Town code, does not require that at least 50% of the required parking spaces provided on site must operate as self - parking. Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Town Council may grant a continuance of an appeal of a PEC decision to allow the parties additional time to obtain information for a period not to exceed 30 calendar days. Staff recommended Council grant a continuance of this item to its April 20, 2010 public hearing. Rogers moved to table /continue the item until April 20, 2010 with Foley seconding. The motion passed unanimously, 7 -0. The ninth item on the agenda was Town of Vail Work Plan Approval & Public Comment. Council agreed the Work Plan was adequate and suggested minor modifications be made to the environmental component. During a pause for public comment Vail Homeowner's Association representative Jim Lamont raised concern about the degradation of old growth forest associated with new construction. "Some people are seeing environmental devastation in their neighborhoods." Newbury expressed concern that the environmental component only mentioned recycling. The tenth item on the agenda was the Second Reading of Ordinance No.3, Series of 2010, and ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to 14 -1 -3, Administration of standards, to allow for changes to the solar panel regulations. 4 On January 25, 2010, the PEC forwarded a recommendation of approval, with modifications, for changes to both the LionsHead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, Council approved Ordinance No. 3, Series of 2010, upon first reading by a vote of 4 -3 -0 (Daly, Donovan and Foley opposed). Council requested staff return with additional information, including renderings and pictures of existing and potential solar panel installations. Staff requested a tabling of this item in order to provide additional information. Daly moved to table /continue the item until May 4, with Rogers seconding. The motion passed unanimously, 7 -0. t The eleventh item on the agenda was Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, LionsHead Redevelopment of the Master Plan, LionsHead Redevelopment Master Plan, in order to amend the guidelines on solar panels in LionsHead. Daly moved to table the item until May 4 with Rogers seconding. The motion passed unanimously, 7 -0. For details, contact Warren Campbell at 479 -2148. The twelfth item on the agenda was Resolution No.9, Series of 2010, a Resolution approving an Intergovernmental Agreement between the Town of Vail and Eagle River water & Sanitation District. Cleveland asked if more water would appreciably shorten the life of the lift station. Town Engineer Tom Kassmel responded that the lift station would be minimally impacted. Rogers moved to adopt the resolution with Daly seconding. The motion passed unanimously, 7 -0. The thirteenth item on the agenda was ERWSD Easement Agreements for Water Line. Town Engineer Tom Kassmel explained the agreements acted as an expansion of easements granted in Resolution No. 9, Series of 2010. Daly moved to authorize the Town Manager to grant the easements as proposed in a form approved by the Town Attorney. The motion passed unanimously, 7 -0. For details, contact Tom Kassmel at 479 -2235. The fourteenth item on the agenda was adjournment. Newbury moved to adjourn with Foley seconding at approximately 8:28 p.m. The motion passed unanimously, 7 -0. 5 Dick Cleveland, Mayor ATTEST: N Lorelei Donaldson, Town Clerk •. qp gyp•••' A 6 4 Vail Town Council Meeting Minutes Tuesday, April 20, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Andy Daly Kim Newbury Kerry Donovan Susie Tjoseem Not present: Margaret Rogers Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Input. Mia Stockdale provided Vail Nordic Center participant numbers. She then asked for additional parking enforcement at the Center as alpine skiers were believed to be encroaching on Nordic Center designated parking. Cleveland said Council would be addressing parking issues in preparation for the upcoming ski season. The second item on the agenda was a Month of the Young Child Proclamation. Foley read into the record a "Month of the Young Child" proclamation. The third item on the agenda was Resolution No. 12, Series of 2010, a Resolution of the Vail Town Council of the Town of Vail, Colorado in support of the goals and concepts proposed by Greenport for a long -range commitment to stimulus activity by establishing a Unique Transit Oriented Economic Development Corridor. On April 6, 2010, Vince Cook appeared before the Vail Town Council to present the goals and concepts for a valley -wide Transit Oriented Development Corridor. According to Mr. Cook, the idea for the corridor ties together rail and bus transit, workforce housing and concepts for sustainable communities. Upon conclusion of the presentation, the Vail Town Council instructed staff to return with a 1 resolution in support of the goals and concepts of GreenPort for the Council's consideration. Daly moved to approve the resolution with Tjossem seconding. The motion passed unanimously, 6 -0. The fourth item on the agenda was the Town Manager's Report. Zemler reported progress on state -wide transit issues. The fifth item on the agenda was Appointments to the Vail Local Housing Authority (VLHA) and the Vail Local Licensing Authority (VLLA) There was one vacancy for the VLHA, for a five -year term which ends June 1, 2015, two vacancies on the VLLA for two year terms, which end June 1, 2012 and one vacancy on the VLLA to replace a vacancy for a member who resigned and that term ends June 1, 2011. VLHA: Applicants for the VLHA must be full time, year -round residents of Eagle County who either are residents of the Town of Vail 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 housing 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 VLHA. 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 was also desirable: financing of large projects, development, construction /construction management, planning, design, or legal. The town received two applications. The applicants were: Jeff Leistad and Steve Lindstrom. Newbury moved to appoint Lindstrom with Daly seconding. The motion passed unanimously, 6 -0. VLLA: All applicants to the VLLA must be citizens of the United States, qualifiedelectors of the Town of Vail, and have resided in the Town of 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. f Duties of the five - member board include review of all Town ofnVail liquor license applications. There are currently three vacancies on the VLLA. The Town received five (5) applications for the vacancies. One of the vacancies is to fill the position left by a member who resigned in the past month and that vacancy expired June 1, 2011 and two vacancies are for two year terms that end June 1, 2012. The applicants are: Cody Kennedy, Kaye Ferry; Robert McKown, Matt Miller, and Ted Steers. 2 y 4 7 Newbury moved to appoint Steers (to a one year term), Kennedy and McKown to two year terms with Foley seconding. The motion passed unanimously, 6 -0. For more information, contact Lorelei Donaldson at 479 -2136. The sixth item on the agenda was a Hidden Gems Wilderness Campaign Presentation. Hidden Gems representative Susie Kinkaid explained the The Hidden Gems Wilderness Proposal is a carefully- crafted, citizen - generated plan to grant the highest protection in the land to some of our state's most precious and threatened public and wildlife lands. Hidden Gems by the numbers: ➢ 379,000 acres ➢ 14 new stand alone Wilderness Areas and 26 additions to existing Wilderness Areas. ➢ Spanning two national forests adjacent BLM lands. ➢ Primarily in four counties — Pitkin, Eagle, Gunnison and Summit. Tjossem asked about the current uses of the Spraddle Creek area (included in the Hidden Gems proposal). Kinkaid explained, "We don't manage the areas ... We look at them as they are managed." Daly and Donovan commented that Hidden Gems supporters made a tremendous effort reaching out to so many different organizations. Fire Chief Mark Miller said he was initially skeptical as wilderness areas add another layer of bureaucracy to decision making . "It's going to take some hiking and looking at boundaries pretty closely." Cleveland expressed concern that the United States Forest Service (USFS) did not support the process. Cleveland noted, "I believe the travel management plan (United States Highway Administration) should be approved before this thing comes to Congress." During a pause for public comment, Vail resident Kevin Hoechtl spoke in support of the Hidden gems proposal. "I would like to see us have enough wilderness to support the next generation." Dr. Tom Steinberg spoke in support of the proposal. "Preserve it as much as you can." Barry Kroetchel said he believed the initiative should be voted on. Local snowmobiler Joe Kasselbury expressed concern about the proposal. "Take your magnifying glass out and look at all these proposed areas." The seventh item on the agenda was a Request to proceed through the development review process with a proposal to construct a golf course tee box on the Town of Vail owned Ford Park, generally located on the eastern boundary of the Vail Nature Center site at 841 Vail Valley Drive /Unplatted. Vail Recreation District representative Mike Ortiz requested Council table the item until June 1. Daly moved to table with Foley seconding. The motion passed unanimously, 6 -0. 3 An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail PEC's determination that Section 14- 5 -2 -K, Valet Parking, Vail Town Code, does not require that at least 50% of the required parking spaces provided on site must operate as self - parking. Planner Bill Gibson asked Council to uphold, uphold with modifications, or overturn the PEC's determination pursuant to Section 12 -3 -3, Appeals, Vail Town Code. The town's administrator determined that Section 14- 5 -2 -K, Valet Parking, Vail Town Code, does not require that at least 50% of the required parking spaces provided on site must operate as self - parking meets the standards and conditions imposed by the requirements of the Vail Town Code. The Appellant, Donald Zelkind, appealed this determination to the PEC. On February 22, 2010 the PEC upheld the administrator's determination by a vote of 7 -0 -0. The Appellant appealed the PEC's determination. Staff recommended Council uphold the PEC's February 22, 2010 determination per the review criteria and findings identified in the staff memorandum. Zelkind expressed concern Vail Resorts requirement of valet parking at the Arrabelle at Vail Square hurt property values. Town Attorney Matt Mire explained that each of the town's planners can be considered a zoning administrator. Property Manager for the owner of Arrabelle at Vail Square Unit 672 Doug McMillian expressed concern that after two years at the Arrabelle at Vail Square he had to valet his automobile over 250 times. Vail Resort's legal representative Carolyn White said the parking interpretation would eventually be determined in civil court. Zelkind said he believed the interpretation of the statute was absurd. Council moved to uphold the PEC's decision. The motion passed unanimously, 6 -0. The eighth item on the agenda was Resolution No. 7, Series of 2010 - A resolution adopting the Town of Vail annual fee -in -lieu amount for Commercial Linkage and Inclusionary Zoning. Housing Coordinator Nina Timm explained that in 2007, the town adopted Commercial Linkage and Inclusionary Zoning requirements for new development and redevelopment. One of the five methods of mitigation is a fee -in -lieu for providing the required housing. Each year the town is required to adopt the fee - in -lieu for the year. Timm explained there had been significant fluctuations in the fee due to significant ebbs and flows in the median price per square foot of real estate sold in Vail. The proposed employee housing fee -in -lieu amount reflects the gap between a two- person household earning 120% of the 2009 Area Median Income and the 2009 median cost per square foot plus an administrative fee of $3,000 per employee or $3.65 per square foot. The two- person Area Median Income increased $2,700 from 2008 to 2009 and the Town of Vail median price per square foot decreased $394. Additionally, the assumed interest rate dropped to 5.5 %, to be more reflective of current mortgage interest rates. The following is a comparison of the 2009 fee -in -lieu and the 2010 fee -in -lieu: Per Employee Per Square Foot 4 i 2009 $329,209 2009 $398.65 2010 74,299 2010 90.65 Change -($ 254,910) Change - ($308.65) Based upon the significant fluctuation of the fees -in -lieu over the past two years and anticipated change next year, Staff proposed to amend the formula for calculating the fee amounts. Staff proposed the fee be calculated each year as has historically occurred, but then average that fee with the previous two year's fees, creating greater predictably in the fee amount from one year to the next. Cleveland said he was uncomfortable with the town being able to change the rules of the game when it benefited the town, "I am really scared of setting precedent." Daly said he thought the current formula was not effective and did not reflect the market and perhaps the whole method of calculating the fees should be changed. Following further debate, Newbury recommended following staff's suggestion of using a three year average, based upon the large amount of debate and consideration that went into establishing the formula initially. Newbury moved to approve the resolution with and to use a three year moving average in 2010 with Foley seconding. During a pause for public comment, local developer Peter Knoebel spoke in support of using a three -year running average to avoid fluctuations. The motion passed 5 -1, with Cleveland opposed. The ninth item on the agenda was Ordinance No. 5, Series of 2010, An Ordinance Amending Section 6- 3C -6(B) of the Vail Town Code Regarding the Possession, Use and Display of Cannabis. Town Attorney, Matt Mire, explained that public display or consumption of cannabis is a Colorado State law but by adding this law to the Vail Town Code gives the Vail Municipal Court jurisdiction over these matters. He explained the ordinance was not a new law, but rather an old law that had been previously deleted from the code. "Five years ago Marijuana was illegal and specific laws were not necessary ... We could not have contemplated the current situation." Municipal Judge, Buck Allen, said the ordinance would basically observe cannabis in the same light as alcohol. Daly moved to approve the ordinance with Foley seconding. The motion passed 5 -1, with Newbury opposed. Newbury clarified she disagreed with stricter marijuana legislation. The tenth item on the agenda was Resolution No. 8, Series of 2010, a Resolution Approving an Intergovernmental Mutual Aid Agreement for the Provision of Law Enforcement Services. Foley moved to table the item until May 4 with Donovan seconding. The motion passed unanimously, 6 -0. The eleventh item on the agenda was Adjournment. 5 z Newbury moved to adjourn with Foley seconding at approximately 8:30 p.m. The motion passed unanimously, 6 -0. Dick Cleveland, Mayor ATTEST: � Z � • Lorelei Donaldson, Town Clerk •'•.•• Q� COI. 6 Vail Town Council Meeting Minutes Tuesday, May 4, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Susie Tjoseem Margaret Rogers Not present: Andy Daly 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 Homeowner's Association representative Jim Lamont addressed the issue of transit flow in the proposed LionsHead transit center. He then expressed concern about the availability of public comment on public parking. The second item on the agenda was the Town Manager's Report. a. Revenue Update. Finance Director Judy Camp announced that when all sales tax returns are received for the month of March, collections for the month are expected to be $2,673,056, up 8.4% from budget and 6.7% from last year. March 2010 is the first month since August 2008 to show a year- over -year increase in collections (with the exception of April 2009, when Easter was in April and the monthly increase was more than offset by shortfalls in March that year). Year -to -date sales tax collections are expected to be up 2.8% from budget and up 1.2% from last year. Inflation as measured by the consumer price index was up 2.3% in March compared to March 2009. Lift tax collections through March of $2,228,755 are up 5.1% from last year. Season -to -date revenue, with April still to come, is $2,818,154, up 1.5% from last season. The 2010 annual budget 1 totals $3,115,000, an increase of 2.2% over full -year 2009. Preliminary information shows parking revenue of $3.5 million for the first four months of the year and $4.9 million for the 2009/2010 ski season. 2010 revenue is down 1.1 % from this point in time last year and ski season is down 7.7% from 2008/2009. The full -year budget for 2010 is $5.4 million, an increase of 9.2% over full -year 2009. If no changes are made to the parking program for winter 2010/2011, a shortfall of approximately $0.5 million versus budget can be anticipated. Construction permit revenue through April 27 totals $148,129 including $70,699 from major redevelopment projects compared with $146,290 from major projects at this time last year. Revenue from non -major projects is up 28% from 2009 due to a number of additions and remodels. The 2010 budget for construction permit fees is $425,000 with year -to -date revenue about $38,000 higher than expected in the first four months of the year. Use tax collections as of April 27, 2010, total $374,478 compared with just $79,500 at this time last year and $62,000 budgeted. Major redevelopment projects including the Ramshorn and First Chair contributed $235,724 or 63% of the total. Several remodel projects including additions to units at Vail Village Inn and Vail Mountain Lodge and remodels at Millrace Condos, the Antlers, and Vail Point also paid use tax in 2010. No comparable activity occurred in the first four months last year. Year -to -date use tax collections are already 75% of the full -year budget of $500,000. Through the end of April, $30,936 has been collected for recreational amenities fees including First Chair as well as several smaller projects that added square footage. The annual budget of $10,000 has been exceeded by $20,936. These funds are included in the Real Estate Transfer Tax Fund with their use restricted to providing recreational amenities. Unbudgeted revenue of $99,617 has been collected for housing fee -in -lieu payments for projects including the Ramshorn, Vail Mountain Lodge and others. Use of these funds is restricted to housing programs. RETT collections through April 28, 2010, total $1,371,243, up 15% from budget and more than double this time last year. Approximately $487,265 of the 2010 sales are from major redevelopment projects including Arrabelle, Landmark, Lions Square Lodge North, Manor Vail, Mountain View, Vail Plaza Hotel, and the first unit to close at Solaris. Collections not related to major redevelopment projects total $883,978 compared with $330,249 through April of 2009. The full -year budget for RETT is $4,283,000. "We are starting to see changes in the economy that are having a positive impact on revenue... This is the first month since August of 2008 that we have had a year over year increase." During a pause for public comment Jim Lamont asked for a financial reporting that showed an aggregate revenue stream. The third item on the agenda was the Consent Agenda. a. Approval of 04.06.10 & 04.20.10 Town Council Minutes. Foley moved to approve the consent agenda without amendments with Rogers seconding. The motion passed unanimously, 6 -0. 2 The fourth item on the agenda was the West Vail Fire station site stabilization (shoring and retaining wall construction) and preliminary foundation work. Adam Williams (ARC Integrated Program Management) and Fire Chief Mark Miller requested approval from Council to release the award of the site stabilization (shoring and retaining walls) and preliminary foundation work subcontracts based off the 95% Construction Documents in order to allow critical work to begin while the remainder of the documents are finalized and bid. Engineering design for this work has already been completed and the town had bid the scope to the subcontracting community and received competitive pricing and good value. Miller then recommended Council (through the Town Manager) allow Drahota Construction to award up to $425,000 of local subcontracts for the site stabilization /preliminary foundation work in order to save valuable time and stay on budget by maintaining the current construction schedule. Rogers moved to approve the request with Newbury seconding. The motion passed unanimously, 6 -0. The fifth item on the agenda was a LionsHead Transit Center Update. Lou Bieker of 4240 Architecture asked Council to listen to a presentation by the design team and staff, ask questions, provide comment, and affirm direction of the design so the proposed design may continue through the PEC and DRB process for approval. The town and the Vail Reinvestment Authority (VRA), are in the process of completing design development (DD) and entitlements for the LionsHead Transit Center Project in response to past planning efforts. The VRA contracted with the 4240 Architecture Team to complete this design. Bieker told Council about progress on the redesign of a new transit center at the LionsHead parking structure. The improvements, scheduled to be done this year, include improvements to South Frontage Road, the intersection of the frontage road and East LionsHead Circle, and a new skier drop -off area. The improvements also include new walkways and a new information and waiting area to accommodate transit riders. Beiker said that given current labor rates and material prices, the cost estimates for the entire project have come down by about $1 million. The project's price tag is now roughly $14 million for work this 2010 -11. Construction is expected to start in August and be finished by December. Cleveland said, "I like this building because it is simple, elegant and functions." Council said they were impressed with the design. Foley and Tjossem encouraged replanting six Blue Spruce trees (located on the southwest corner of the structure) proposed to be removed in order to facilitate the project. During a pause for public comment Jim Lamont said the architecture was a theme that was well worth pursuing. Tjossem said she did not believe the current Vail Recreation District (VRD) programming fit into the proposed project. Council discussed enlarging the auxiliary building to possibly facilitate additional restrooms and ski storage. The sixth item on the agenda was the First reading of Ordinance No. 6, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 13, Series of 1986, 3 amending the approved development plan and requirements for site coverage, landscaping, setbacks, and gross residential floor area for Special Development District No. 15, Bishop Park, in accordance with Section 12 -9A- 10, Amendment Procedures, Vail Town Code, to allow for the construction of a residential addition (patio enclosure) to the North side of Unit 8, Bishop Park, located at 63 Willow Place/ Lots 1 & 2, Block 6, Vail Village Filing 1. Planner Rachel Fried explained Special Development District No. 15, Bishop Park, was established by Ordinance No. 13, Series of 1986. At that time, the purpose of the SDD was to allow for an increase in development potential while providing the public benefit of financial support for the public stream walk. Since the establishment of SDD No. 15, there have not been any amendments to the SDD. On April 12, 2010, the PEC made a recommendation of approval, with conditions, to the Vail Town Council which would allow the enclosure of a ground level deck. Foley moved to approve the ordinance Newbury seconding. The motion passed unanimously, 6 -0. The seventh item on the agenda was the First Reading of Ordinance No. 7, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 12, Series of 2003, amending and reestablishing the approved development plan and density control requirements for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of meeting space to an accommodation unit at the Tivoli Lodge, located at located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing. Due to a predetermined conflict of interest (employment at the Tivoli Lodge) Newbury recused herself from the item and left the Council Chambers. On April 26 2010, the PEC forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 7, Series of 2010. Rogers moved to approve the ordinance with Foley seconding. The motion passed unanimously, 5 -0. Foley then asked for a site visit to the property during the next Work Session. The eighth item on the agenda was the First reading of Ordinance No. 8, Series of 2010, an ordinance amending Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses. Planner Rachel Friede explained these regulations facilitated the installation of temporary construction mitigation signs and fencing within the town's commercial areas to lessen the impact of redevelopment construction on the town's businesses, residents, and guests. These regulations were originally set to expire on April 1, 2008, but were extended to April 1, 2010 by Ordinance No. 4, Series of 2008. On April 26, 2010, the PEC forwarded a recommendation of approval to the Vail Town Council for Ordinance No. 8, Series of 2010 by a vote of 6 -0 -0. 4 Donovan moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 6 -0. The ninth item on the agenda was First Reading of Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area. On April 12, 2010, the PEC voted 6 -0 -0 to forward a recommendation of approval, with modifications to Council for the proposed amendments to the Town's Sign Regulations. The PEC's recommended modifications to the Sign Regulation amendments have been incorporated into Ordinance No. 10, Series of 2010. The PEC recommended Council approve Ordinance No. 10, Series of 2010, on first reading. Rogers moved to approve the ordinance with Tjossem seconding. The motion passed 5 -1, with Donovan opposed. The tenth item on the agenda was the Second reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations. On January 25, 2010, the PEC forwarded a recommendation of approval, with modifications, for changes to both the LionsHead Redevelopment Master Plan and the Development Standards of the Vail Town Code. The modifications, which are reflected in the proposed language in the Ordinance and Resolution, are as follows: The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. On February 16, 2010, the Vail Town Council approved Ordinance No. 3, Series of 2010, upon first reading, with a vote of 4 -3 -0 (Cleveland, Donovan and Foley opposed). Council spoke in support of the promotion of solar panels and alternative energy, but expressed concern over the following issues: • Aesthetics of solar panels, including creation of new perceived roof lines. • Potential limitations of the number of panels. • Location of panels on roofs as they relate to roof lines and eaves. • Distance between solar panels and roof surface below. • How panels will look on buildings throughout the Town of Vail. During a pause for public comment Jason Winecast of Active Energies in Minturn explained the importance of proper placement of photovoltaic panels. Rogers moved to approve the ordinance with Newbury seconding. The motion passed 6- 0. Donovan said she supported solar but she did not believe the ordinance had 5 been thought through. Friede said the DRB would continue to evaluate each proposed solar array installation on a case by case basis. The eleventh item on the agenda was Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, LionsHead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, LionsHead Redevelopment Master Plan, in order to amend the guidelines on solar panels in LionsHead. Please see Ordinance No. 3, Series of 2010. Rogers moved to approve the resolution with already approved changes to Ordinance No. 3 with Tjossem seconding. The motion passed unanimously, 6 -0. The twelfth item on the agenda was Resolution No. 13, Series of 2010, a resolution amending the LionsHead Redevelopment Master Plan to amend the recommendations for transportation improvements in LionsHead (generally located at the LionsHead Parking Structure and the Concert Hall Plaza bus stop). The applicant, Town of Vail, represented by Braun Associates, proposed to incorporate site specific recommendations for transit improvements at the LionsHead parking structure and the Concert Hall Plaza bus stop into the LionsHead Redevelopment Master Plan through the deletion and addition of text and figures. The catalyst for the proposed amendments is the result of several decisions which were made with regard to the development of the North Day Lot solely with skier drop -off and employee housing. In 2008 and 2009 the Town participated in an exercise exploring the ability and costs of locating a fully functioning transit center on the North Day Lot in conjunction with Vail Resorts employee housing project. After an extensive process it was determined that the Town's finances were better focused on other opportunities with regard to transit improvements in LionsHead. The proposed text revisions included amendments to Chapters 4 and 5 of the LionsHead Redevelopment Master Plan and are provided in Resolution No. 13, Series of 2010. Foley moved to approve the resolution with Newbury seconding. The motion passed unanimously, 6 -0. The thirteenth item on the agenda was the Second Reading of Ordinance No. 5, Series of 2010, An Ordinance Amending Section 6- 3C -6(B) of the Vail Town Code Regarding the Possession, Use and Display of Cannabis. Town Attorney Matt Mire informed Council that the public display or consumption of cannabis within the town is of public concern and efficient police regulation of this crime would preserve the general welfare of the citizens and guest of the town. During a pause for public comment Michael Cacioppo asked for clarifications to the proposed change. Foley moved to approve the ordinance with Rogers seconding. The motion passed 6 -0. The fourteenth item on the agenda was Adjournment. 6 1 Tjossem moved to adjourn with Foley seconding at approximately 9:32 p.m. The motion passed unanimously, 6 -0. Dick Cleveland, Mayor ATTEST: OF � Ay orelei Donaldson, Town Clerk CpLd� Vail Town Council Meeting Minutes Tuesday, May 18, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Susie Tjoseem Margaret Rogers Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Rayla Kundolf spoke in support of the Vail Entertainment District. Vail Homeowner's Association representative Jim Lamont clarified a budget figure he had provided earlier in the day. He then spoke in support of the responsible research /possible annexation of Eagle -Vail. United States Forest Service and White River National Forest District Ranger Dave Neeley introduced himself to the Council and welcomed the opportunity to be of assistance with any forest related matter. The second item on the agenda was Town Manager's Report. There was none. The third item on the agenda was a Woody Bio -Mass Combined Heat Power Facilities update. The purpose of the discussion was to: 1. Introduce the proposed woody biomass combined heat and power (CHP) 1 facility project concept, partners; and 2. Provide an update to the Vail Town Council on the progress of the grant application to the Department of Energy (DOE) National Energy Technology Laboratory (NETL), by the private developer, Hayden, Cary &King, Co. for $26 million grant toward the construction of the CHP facility. Andrew King, grant applicant and Principal of Hayden, Cary &King, Co., said he hoped to develop and demonstrate a 28 megawatt (MW) woody biomass based CHP facility that would utilize advanced boiler design features and a high efficiency flue gas condenser to achieve a minimum thermal efficiency of 82 %. The CHP facility will hopefully demonstrate that the use of advanced Selective Catalytic Reduction (SCR) technology on a woody biomass boiler will surpass air quality emission requirements while achieving almost complete displacement of fossil fuel carbon emissions compared with an equivalent natural gas facility. In July, 2009, Hayden, Cary &King, Co., submitted a $26 million grant request to the Department of Energy through their National Energy Technology Laboratory (NETL) biomass grant program to construct and operate a combined heat and power facility in the United States. Mostly recently, this project has been selected by the United States Forest Service (USES) and Department of Energy (DOE) as a priority project, one that meets the needs of the USES in addressing the beetle kill epidemic, threat to wildfire and watersheds, while also addressing excessive energy consumption, education needs, and job growth supported by the American Recovery and Reinvestment Act (ARRA) funds. This project was selected as one of three projects warranting further consideration out of a total of 80 grant requests. What's been done to date? • DOE Grant Request applied for in July 2009 • Preliminary Engineering and Cost Analysis concluding —Total project cost estimated at $52 million — Cost of delivered biomass estimated at $55 /ton. • Potential Project Partners Identified • Potential Facility Site(s) Identified • DOE has initiated a Project Final Feasibility Study (due September 2010) • Draft Architectural Concepts • Vail Project Makes Final Round for $26 million Grant Funding (20MW Plants, $45 million available) — First elimination - 74 applicants eliminated — Department of Energy Representatives visit Vail in April and May, 2010, three more applicants eliminated —Three remain out of 80 applicants in the country for this category, over 250 in total) • Vail Project short - listed for USES guaranteed loans ($25 -$50 million) 2 — 10 -20% down required ($2 -4 million of investor capital required to secure loan) The Department of Energy has requested further engineering, biomass supply, and economic data to complete their final feasibility study. Staff is currently in the process of assisting Hayden Cary & King, Co. in organizing town related information and data. Staff recommended the following steps be implemented: • Staff will schedule public open house /informational workshops to obtain community input, provide educational background on the implications, and environmental and financial costs and benefits of a CHP facility in the Town of Vail in early June, 2010. • Staff and the developer will continue to create partnerships among project stakeholders. • Staff will ensure that a comprehensive feasibility study is performed to assess long term benefits, costs and logistics. King said a managed forest is a healthy forest. USFS representative Dave Neeley explained the beetle kill event was a natural infestation. "Our priority is dealing with the current threat and that is the trees that are immediately impacting private property... We are developing wildland /urban protection plans ... As the forest canopy is removed the fuels on the forest floor become greater... We are looking to do some comprehensive vegetation management." Daly asked how the Hidden Gems Wilderness proposal would impact the ongoing problem. It was reported there would easily be 60,000 tons of sustainable bio -fuel for the next 40 -50 years. "Economics and capitalism are going to drive this process." USFS representative Susan Ford said 4,000 acres would provide between 120 - 150,000 tons of biomass per year. "When you are working in beetle kill, you can generate 60 -80 tons per acre." Daly clarified the USFS supported the concept of this particular project. The traffic impact would be eight trucks a day during peak times and four trucks per day during non -peak times. Costs to the town are anticipated to include sighting of the project and the connections to the public facilities. In an ideal scenario the plant would be operational in spring of 2012. King commented, "When this plant is built, Colorado will become the new air standard for the country. " Newbury clarified a portion of the energy produced would heat town buildings and snowmelt systems. Foley mentioned the Vail Valley had air quality issues in the past due to wood burning. King said it would not be an issue. "Steam loss is estimate to be 2.8 gallons per minute." During a pause for public comment Bill Carlson clarified Holy Cross Energy had provided assistance with engineering direction and pro -forma development. Vail Homeowner's Association representative Jim Lamont spoke in support of the project. "I applaud the work that has been done here." Michael Cacioppo asked Council to produce video of actual operating bio- mass plants so as to evaluate potential steam plumes. Zemler said more analysis would be provided on the impacts to town facilities. Zemler said King and Bertuglia had done a great job sheparding the project through the process. 3 The fourth item on the agenda was a Mountain Travel Market Update. Ralf Garrison provided an update on market conditions in the mountain resort industry. Garrison said the Mountain Travel Research Project's economic predictions for the upcoming summer in Vail are better than they've been, although it is too early to tell if the town will bounce back significantly from last summer. "Economic indicators are looking better, but it's too early to celebrate... The town is doing better than the mountain resort industry as a whole in terms of summer lodging occupancy." He said Vail is showing a 14 percent increase in occupancy this summer, while the industry is showing a one percent increase. Vail is able to do that because it has held its lodging rates relatively flat, while the industry has tried to raise rates. Most recoveries are built on the return of occupancy, which shows there's demand, Garrison said. "We are getting the return on demand but not enough that we can be bold and start raising prices significantly," Garrison said. Garrison told Council to keep an eye on the fact that new supply is coming on board (Solaris, Four Seasons, Ritz - Carlton) so the town can't focus only on demand and think things are looking up when demand seems to increase. "You'd like to have a lot more demand ... Consumers are no longer in shock, but they're still thrifty... They want the right offer... What's probably noteworthy is that consumers, for the most part, haven't felt any significant relief," Garrison said. The predictions for the summer are based on bookings for the summer months as of April 30. Summer guests tend not to book as far in advance as winter guests, Garrison considered the data "thin." The data in the past, however, has ended up with a plus or minus three percent accuracy based on the final numbers, Garrison said, so it's a good indication things could improve this summer. Tjossem said it was important to understand how events drive occupancy. The fifth item on the agenda was a Holy Cross Energy easement on part of Lot 1 block 1 Vail /LionsHead Third Filing, Public Works Director Greg Hall reported there is a 30 ft. utility easement on the northern portion of the parcel. Holy Cross Energy facilities were in place prior to the construction of the pedestrian overpass. The construction of the overpass placed 20 feet of fill over their lines. The First Chair project is relocating a portion of the lines. Holy Cross Energy has asked to relocate the remainder of their lines from underneath the fill. This additional easement is required to perform the relocation work. Rogers moved to approve the request with Foley seconding. The motion passed unanimously, 7 -0. The sixth item on the agenda was the Second reading of Ordinance No. 6, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 13, Series of 1986, amending the approved development plan and requirements for site coverage, landscaping, setbacks, and gross residential floor area for Special Development District No. 15, Bishop Park, in accordance with Section 12 -9A- 10, 4 Amendment Procedures, Vail Town Code, to allow for the construction of a residential addition (patio enclosure) to the North side of Unit 8, Bishop Park, located at 63 Willow Place/ Lots 1 & 2, Block 6, Vail Village Filing 1. Planner Rachel Friede asked Council to approve, approve with modifications, or deny Ordinance No. 6, Series of 2010, upon second reading. SDD No. 15, Bishop Park, was established by Ordinance No. 13, Series of 1986. At that time, the purpose of the SDD was to allow for an increase in development potential while providing the public benefit of financial support for the public stream walk. Since the establishment of SDD No. 15, there have not been any amendments to the SDD. On April 12, 2010, the PEC made a recommendation of approval, with conditions, to Council. On May 4, 2010, Council approved Ordinance No. 6, Series of 2010, upon first reading (6 -0 -0). Newbury moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7 -0. The seventh item on the agenda was the Second Reading of Ordinance No. 7, Series of 2010, an ordinance repealing and re- enacting Ordinance No. 12, Series of 2003, amending and reestablishing the approved development plan and density control requirements for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of meeting space to an accommodation unit at the Tivoli Lodge, located at located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing. The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2010, upon second reading. On April 26, 2010, the PEC forwarded a recommendation of approval to Council for Ordinance No. 7, Series of 2010, by a vote of 6 -0 -0. On May 4, 2010, the Vail Town Council approved Ordinance No. 7, Series of 2010, upon first reading (6 -0 -0). Due to a predetermined conflict of interest (Tivoli employment) Newbury recused herself from the item and left the Council chambers. Daly moved to approve the ordinance with Tjossem seconding. The motion passed unanimously, 6 -0. The eighth item on the agenda was the Second reading of Ordinance No. 8, Series of 2010, anordinance amending Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses. On May 3, 2005, Council adopted Section 12- 14 -20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the town's commercial areas to lessen the impact of redevelopment construction on the town's businesses, residents and guests. These regulations were originally set to expire on April 1, 2008, but were extended to April 1, 2010, by Ordinance No. 4, Series of 2008. On April 26, 2010 the PEC forwarded a recommendation of approval to Council for Ordinance No. 5 8, Series of 2010, by a vote of 6 -0 -0. On May 4, 2010, Council approved Ordinance No. 8, Series of 2010, upon first reading (6 -0 -0). Rogers moved to approve the ordinance with Daly seconding. The motion passed unanimously, 7- 0. The ninth item on the agenda was the Second reading of Ordinance No. 10, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to allow for additional movie theater, bowling alley, and public parking on private property signage, and to define the term first floor for the purposes of calculating allowable sign area. On April 12, 2010, the PEC voted 6 -0 -0 to forward a recommendation of approval, with modifications, to the Town Council for the proposed amendments to the Town's Sign Regulations. On May 4, 2010, Council approved, with modifications, the first reading of Ordinance No. 10, Series of 2010, by a vote of 5 -1 -0 (Donovan opposed). Newbury moved to approve the ordinance with Tjossem seconding. The motion passed 5 -2 -0 with Cleveland and Donovan opposed. The tenth item on the agenda was Resolution No. 14, Series of 2010, a resolution adopting the Frontage Road Lighting Master Plan. The purpose of the Frontage Road Lighting Master Plan is to evaluate the current lighting conditions along the north and south frontage roads and provide direction for improvements that are intended to: 1. Improve safe utilization of the frontage roads by motorists, bicyclists, pedestrians and overflow vehicle parking. 2. Manage appropriate light levels and illumination strategies along the frontage roads. 3. Manage long term economics and maintenance for lighting systems. 4. Establish consistency in the aesthetic appearance of lighting systems. This plan is intended to be used from West Vail to Ford Park. "LED's are the future of roadway lighting ... The Town of Ouray has used the LED's and has received a very good response... They (LED's) offer more efficient life cycles as well as energy usage while simultaneously providing better light source and object recognition." Kassmel noted that existing Vail Village lighting fixtures are not dark sky compliant. Tjossem said it was Council's job to protect the postcard image of Vail which entail light sources. She spoke in support of current lighting methods as opposed to LED's. Newbury said she had a huge issue with the urban feel of the plan. "I just feel like it is way too much. " Donovan echoed Newbury and Tjossem Is comments. Foley spoke in support of having LED's only in high traffic areas. Cleveland said if he were to vote for the resolution he would regret it in ten years. "We need fewer lights." Daly said he believed it was to 6 dramatic a change. "We are talking about really impacting the ambience of our community." Kassmel said he would return to Council with a modified plan. The eleventh item on the agenda was Resolution No. 8, Series of 2010, a Resolution Approving an Intergovernmental Mutual Aid Agreement for the Provision of Law Enforcement. The Town of Vail and the Eagle County Sheriffs Office entered into an IGA on March 16, 2010, authorizing the municipal peace officers to perform law r enforcement functions and enforce the state laws within portions of Eagle County. The surrounding Eagle County municipalities, including the town, wish to enter into an Intergovernmental Agreement allowing the municipal peace officer's to aid and assist each other by the exchange of municipal peace officers services. Newbury moved to approve the resolution with Daly seconding. The motion passed unanimously, 7 -0. The twelfth item on the agenda was Resolution No. 15, Series of 2010 a Resolution Approving an Intergovernmental Agreement between the Town of Vail and Eagle County Regarding the Use of Eagle County's 800 MHz Area Wide Smartzone Trunked Radio Services. Police Chief Dwight Henninger reported Eagle County has installed and maintained a 800 MHz radio system and is offering non - exclusive access of the radio system. The system will allow multi - jurisdictional agencies exclusively to communicate directly with public safety organizations, including but not limited to police activity, code enforcement, fire and emergency and disaster response. This Intergovernmental Agreement formalizes the existing process and gives authorization for a newly formed executive committee to make budget recommendations to the Board of County Commissioners. Daly moved to approve the resolution with Tjossem seconding. Foley stated he believed the current system was initially touted to have had a longer life. Daly withdrew his motion. Daly then moved to table the item until June 15 with Foley seconding specifically stating the item should not come before Council again until the Town Manager has with the County Manager. The thirteenth item on the agenda was Adjournment. Newbury moved to adjourn with Foley seconding at 9:20 p.m. The motion passed unanimously, 7 -0. 1 Dick Cleveland, Mayor 7 ATTEST: • • o. �r'� • SEAL Lorelei Donaldson, Town Clerk CQRA 8 Vail Town Council Meeting Minutes Tuesday, June 1, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Susie Tjoseem Margaret Rogers Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Hidden Gems Wilderness proposal Susie Kincaide provided and update on the proposed legislation. The second item on the agenda was a Vail Youth Recognition Award Presentation. Vail Valley Exchange board members Scott O'Connell and Kim Newbury announced the 2010 Youth recognition winners. Those were Riley Ebel of Vail Mountain School and Valeria Rivero of Battle Mountain High School. Each received a $1,000 college scholarship. Youth recognition winners were selected based upon academic excellence; involvement in athletics, civic activities, fine or the performing arts; and how they exemplify ideals that set standards for other students in all facets of their lives. The third item on the agenda was the Town Manager's Report. a. Revenue Update Finance Director Judy Camp announced that upon receipt of all sales tax returns for the month of April, collections for the month are expected to be $1,150,981, down 5.4% from budget and 6.8% from last year. This follows a favorable March, which staff believes was influenced by guests in town the last week in March for the Easter holiday on April 4th. Combined results for the two months are $3.8 million in collections and compare favorably with both budget (up 3.9 %) 1 and last year (up 2.3 %). Year -to -date sales tax collections are expected to be up 1.7% from budget and flat with last year. Inflation as measured by the consumer price index was up 2.2% in April compared with April 2009. Lift tax collections through April of $2,570,856 are up 5.8% from last year. Ski season lift tax revenue is $3,160,255, up 2.4% from last season. The 2010 annual budget totals $3,115,000, an increase of 2.2% over full -year 2009. Parking revenue of $3.5 million for the first four months of the 2010, is down slightly from the some period in 2009. Ski season revenue of $4.9 million is down 7 % from the 2008/2009 season. The full -year budget for 2010 is $5.4 million, an increase of 9.2% over full -year 2009. If no changes are made to the parking program for winter 2010/2011, a shortfall of approximately $0.5 million versus budget can be anticipated. Construction permit revenue through May 26 totals $235,786 including $125,900 from major redevelopment projects compared with $170,120 from major projects at this time last year. Revenue from non -major projects is up 16% from 2009, due to a number of additions and remodels. The 2010 budget for construction permit fees is $425,000 with year -to -date revenue about $76,000 higher than expected for the first five months of the year. Use tax collections as of May 26, 2010, total $442,108 compared with $100,604 at this time last year and $114,000 budgeted. Major redevelopment projects including First Chair, Lodge Tower, and Ramshorn contributed $265,409 or 60% of the total. Several remodel projects including additions to units at Vail Village Inn and Vail Mountain Lodge and remodels at Millrace Condos, the Antlers, and Vail Point also paid use tax in 2010. No comparable activity occurred in the first four months last year. Year -to -date use tax collections are already 88% of the full -year budget of $500,000. RETT collections through May 26, 2010 total $2,068,142, compared with $1,414,000 budgeted and $854,465 at this time last year. Approximately $920,277 of the 2010, RETT collected is from major redevelopment projects including Arrabelle, Chalets at the Lodge at Vail, Founders' Park Garage, Landmark, Lions Square Lodge North, Manor Vail, Mountain View, Solaris, and Vail Plaza Hotel. Collections not related to major redevelopment projects total $1,147,863 compared with $469,296 through May of 2009. The full -year budget for RETT is $4,283,000 and we have collected almost half the budget through the end of May. Across all funds and revenue accounts through April 30, 2010, total revenue of $21.9 million is up 6.9% year -to -date from this time last year and up 4.7% from the budget. b. Construction Update The fourth item on the agenda was the Consent Agenda. a. Approval of 05.04.10 & 05.18.10 Town Council Minutes Foley moved to approve the consent agenda with a minor amendment suggested by Donovan with Tjossem seconding. The motion passed unanimously, 6 -0. Daly abstained as he did not attend one of the meetings. 2 The fifth item on the agenda presented the 2009 audited financial statement. Michael Jenkins of McMahan and Associates, LLC announced that in accordance with section 9.11 of the Vail Town Charter, an independent audit shall be made of all town accounts at least annually. The audit is to be conducted by certified public accountants and copies made available for public inspection at the municipal building. "Financial results positions are positive for the Town of Vail, Vail Local Marketing District (VLMD), Timber Ridge and Vail Reinvestment Authority (VRA) ... 2009 was a challenging year although the town weathered it well." The town received a clean, qualified opinion with no limiting comments. The sixth item on the agenda was the Results of the 2010 Town of Vail Community Survey. RRC Associates representative Chris Cares and Public Information Officer Suzanne Silverthorn reported that during the spring of 2010 the Town of Vail conducted a community survey similar to efforts conducted in the past. It consisted of questionnaires completed by full- and part-time town residents, property owners and business owners to evaluate opinions on a variety of issues. Using survey techniques that permit comparisons to past research, the town employed a combination of Web and mail -based surveys to gather opinions from the community. The purpose of the surveys was to evaluate respondents' level of satisfaction with respect to a full range of services and to gather opinions on selected issues currently facing the town. Similar questions have been posed to Vail part-time and year -round residents on a periodic basis since 1987. The 2010 survey was designed to permit comparisons to past results, as well as to provide new insights on a variety of topics of current interest. It was reported that the overall tenor of the results was very positive and they are posted on the town's web site. There was over 100 pages of extensive open -ended comments. Rogers expressed concern over a drop in parking structure cleanliness and booth attendant courtesy. Donovan noted the public comments were very insightful. During a pause for public comment, Vail Homeowner's representative Jim Lamont said he believed the internet based survey was more user friendly to the community. "One of the problems with this survey process is it reaches such a narrow band of the community... The next time we do this we should try to weave in guest response." The seventh item on the agenda was Strategy for addressing Town of Vail parking deficit. Public Works Director Greg Hall asked Council to review the material presented and provide direction on the recommended strategy and next steps to address additional parking in Vail. Overflow parking has always occurred in Vail; however, the last ten years this overflow parking has been at levels above the town's goal of 15 days per ski season. The Town Council has adopted priorities to address the parking problem as well as enhance the guest experience. The town staff has provided over the last year, locations of all public spaces (supply) and the use of these spaces (demand). Various parking solutions have been presented that included both structured parking as well as surface parking at Ford Park, plus additions to the LionsHead Parking Structure, and improvements to both the north and south Frontage Roads. Staff analyzed the various parking solutions and determined a recommended solution and next steps necessary to proceed in providing a parking solution. Hall explained the recommendation would be to 3 incrementally add surface parking at Ford Park and the adjacent Frontage Road and make improvements to the North Frontage Road in West Vail and adjacent to Middle Creek. This recommendation comes with some challenges, and to further refine the solution, a set of next steps have been outlined to proceed forward. The town currently manages over 4,000 parking spaces. There are around 600 private spaces. He then explained that Frontage Road parking occurred 21 time this past winter. "When people are parked on the Frontage Road, the town feels full and that begins to impact guest experience." Rogers and Tjossem asked if the Vail Village structure could be expanded. Hall explained there were many functional issues that would prevent expansion. Donovan said she did not care for Frontage Road parking as it did not provide a world class experience. Foley said he believed 2009 -2010 was a "transition" year as the town provided better utilization of existing spaces which impacted demand for structure parking. Cleveland also said the town was doing a better job of managing existing spaces. Newbury asked why estimates to build new parking spaces varied so widely. Hall said it was primarily due to the amount of improvements that would be required to accommodate parking. Newbury then said Vail Resorts should partner with the town in trying to solve the skier parking issue. Town Manager Stan Zemler said he would like the Council Members to meet with the Colorado Department of Transportation (CDOT) in regard to Frontage Road parking so they could have a better feel of the state's stance on the issue. "Council needs to hear the message that is being sent to staff." Cleveland emphasized the town must maintain a free component of parking within the town. Zemler said he would return with refined recommendations. The eighth item on the agenda was a request to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Eaton Plaza a Part of Lot C, Block 5C, Vail Village Filing 1, generally located adjacent to the Hong Kong Cafe Building at 250 Gore Creek Drive. The applicant, TJ Brink (Four Seasons representative) requested permission to proceed through the development review process with a proposal to construct a new entry stair and ramp on the south side of the Hong Kong Cafe Building. The proposed ramp will create a more accessible entrance to the building at the plaza level to facilitate the operation of the Four Season's ski concierge service approved in this location by the Town Council on July 21, 2009. The applicant cannot proceed with a development application without first obtaining the Town Council's authorization for the proposed construction on the town owned parcel. Daly noted the town must use caution when approving improvements to town owned property. Rogersexpressed concern the ramping would not be ADA compliant and it would remove open space. Cleveland said the project had no positive impacts to the town. "I think it would create a dangerous condition." Brink said the current stairs are in a horrible condition. "We are trying to figure out how to get the guest service to function the way it should." The request died for lack of a motion. The ninth item on the agenda is the Memorandum discussing the Town of Vail Council's options concerning regulation of medical marijuana centers, infused product manufacturers and optional premises cultivation operations. Community Development Director George Ruther asked Council to provide direction on how to proceed with the regulation of Medical Marijuana Dispensaries (MMD), Infused Product Manufacturers and Optional Premises Cultivation Operations. In November 2000, Coloradans passed Amendment 20, legalizing the use of medical marijuana. As a 4 result, Medical Marijuana Dispensaries MMDs are currently operating statewide in many municipalities. Until recently, the State had deferred to local jurisdictions the authority to regulate MMDs, typically through business licensing, nuisance and zoning regulations. On January 19, 2010, Council imposed a temporary moratorium of one hundred eighty (180) days on the processing of any application for an MMD within the Town of Vail. This moratorium expires on July 18, 2010. Now, with House Bill 10 -1284 likely becoming state law very soon, local jurisdictions will be permitted to either regulate or simply prohibit MMDs, Infused Product Manufacturers and Optional Premises Cultivation Operations. Rogers spoke in support allowing MMDs as she had witnessed an upscale MMD in the Cherry Creek area. "It can be done tastefully." Foley moved to direct staff to pursue prohibiting MMD's with Daly seconding. The motion passed 6 -1, with Rogers opposed. The tenth item on the agenda was a Discussion /recommendation for approval of Guaranteed Maximum Price (GMP) based on 100% Construction Documents for the West Vail Fire Station. Adam Williams - ARC Integrated Program Management and Fire Chief Mark Miller asked for approval to award the construction contract for the West Vail Fire station to Drahota Commercial LLC, at a GMP not to exceed $4,264,280. Council expressed concern about increased costs related to furniture, fixtures, and equipment in the fire station. Daly commented, "So you are telling us you can come back in two weeks and it's not going to impact the project." Miller answered by saying yes. Foley moved to table the item until June 15 with Daly seconding. The motion passed unanimously, 7 -0. The eleventh item on the agenda was Adjournment. Foley moved to adjourn with Donovan seconding at approximately 10:17 p.m. The motion passed unanimously, 7 -0. Dick Cleveland, Mayor ATTEST: �OF t i - � • Lorelei Donaldson Town Clerk ••. ••� COL ORP 5 Vail Town Council Meeting Minutes Tuesday, June 15, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Susie Tjoseem Margaret Rogers Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Dan Frederick asked Council to remove the deed restriction on his home located on Basingdale lane. Local restaurateur Bill Suarez expressed concern that the Commission on Special Events (CSE) allocated funds to Vail Village on an unequal footing with LionsHead Village. The second item on the agenda was the Town Manager's Report. a. Spring Flooding Update. Town Engineer Tom Kassmel reported recent stream flows hit the 100 year volumes. During the event the Town of Vail spent significant amounts of man hours protecting private and public property. Finance Director Judy Camp clarified the town maintained slightly over $1 million that is TABOR exempt for emergency purposes. Tjossem said Town of Vail staff should be highly commended for their effective response to the flooding emergency. 1 The third item on the agenda was a presentation of the Ever Vail fiscal and economic impact analysis report. Andy Knudtsen and Brian Duffany with EPS asked Council to listen to the presentation, ask questions, and provide feedback on the contents of the report. Pursuant to Section 12- 71 -713, Submittal Items Required, Vail Town Code, and the scope and potential economic and fiscal impacts of the proposed Ever Vail development, the Town of Vail commissioned an analysis by EPS to evaluate the impacts in terms of revenue generation and the costs to provide municipal services. Duffany commented, "Primary impacts will affect the public works, fire and police departments." He then made clear that retail development does not generate sales by itself. Rogers clarified a branded residence is a wholly owned condominium that has access to front desk services. It is anticipated that 85% of those residences would be included in the rental pool. The proposed four star hotel would be anticipated to maintain a 60% occupancy rate. Conservative estimates assume 75 — 80% of visitor expenditures will be captured within the town. A ten year build out for the proposal is estimated. Duffany continued, "The project should be $840,000 - $960,000 advantageous to the general fund ... Town staff has indicated there may be increases to police and fire... We do not see the project as having a negative fiscal impact on the town." It was noted transit impacts had not yet been completed. Knudtsen commented, "The warmth of the bed is directly related to the vitality of the community... You want to make sure collectively that the connectivity of public and private areas are accessed seamlessly... Investment on the part of the developer will create a 90% set of new guests... It (the project) will introduce new visitors to the new market." Daly asked, "What is incremental and what is cannibalization... What we are being asked to do is approve the most major new project since LionsHead in 1968." Daly also questioned the redistribution of parking. "How does that impact sales tax and other revenue sources in other parts of the Village... How much commercial space can the Town of Vail support." Rogers clarified Vail Resorts continued to develop an appropriate phasing plan. Cleveland asked if the development were enough to cover the review costs that would be incurred by the Community Development department. "It's my recollection that our fees don't cover our own costs." Town Attorney Matt Mire verified a public service plan has not been formally reviewed or received. Zemler noted, "It appears your positive numbers are based on the fact that your service plan covers all the services that will be provided in that district." Council expressed concern there would not be ski down access to the project. During a pause for public comment, Vail Homeowner's Association representative Jim Lamont asked for a working public session to delve into the financial estimates. Local shop owner Tommy Neyens said he felt like the project was already on its way to approval. He then expressed concern that retail cannibalization would occur. Tjossem asked if visitor patterns showed significant cross Village (i.e. Cascade to Golden Peak) movement. 2 The fourth item on the agenda was a review of the Guaranteed Maximum Price (GMP) for construction costs for the West Vail Fire Station, including cost increases and detailed budget information on specific items per request of Council. Adam Williams (ARC Program Management) and Fire Chief Mark Miller asked Council to review detailed budget/return on investment information presented by the consultant and staff and approve a final Guaranteed Maximum Price (GMP) for construction for the West Vail Fire Station. The final GMP was presented to Council on June 1, 2010 with specific changes in scope and associated cost impacts. Council requested that additional analysis be completed on six of the items presented to confirm return on investment and why each change would be good value for the town. Current total budget as of the June 15 th , including all applicable soft costs, contingencies and other anticipated costs was projected at $5,137,566. Water /sewer tap fees (not included) and water line costs are being negotiated with Eagle River Water and Sanitation District. Miller noted, "I take this very seriously and we are scrutinizing every dollar... This is an every day thing ... There has been a ton of due diligence here." William's verified the difference in bids submitted by local and non -local contractors was at times more than 20 %. Mire clarified the town could negotiate with local sub - contractors. Daly had questions regarding the roof warranty and subsequent to the meeting Miller clarified that the roof has a 35 year warranty and the Bylin heat panels have a 30 year warranty. Cleveland clarified there was a three percent construction contingency and $80,000 with the contractor. Foley moved to award the contract with Rogers seconding. Daly said he was not willing to pay a substantial premium for local contractors. Miller clarified the town received a grant to hire three firefighters. While discussing the necessity of stainless steel counter tops, Miller explained they provided for the most hygienic option possible, and they have a 100 year life expectancy. Other increases (other than change of scope increases) showed a good return on investment and good long term value for the Town of Vail. The motion passed 4 -3, with Tjossem, Donovan and Daly opposed, approving the GMP for construction of the station at $4 The fifth item was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with a condition, of a request for a conditional use permit, pursuant to Section 12- 6D-3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6. The Town Council shall uphold, uphold with modifications, or overturn the PEC's April 26, 2010 decision. On April 26, 2010, the Planning and Environmental Commission approved the Applicant's request for a conditional use permit to allow for a bed and breakfast at 765 Forest Road by a vote of 5 -0 -1 (Pierce recused) with the condition that the permit expire on April 26, 2012 3 Planner Bill Gibson reported that on May 14, 2010, the appellants, Cliff and Bonne Illig represented by Sarah Baker PC, filed an appeal of the PEC's April 26, 2010, decision. Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Town Council shall hear appeals of the PEC's decisions. Baker commented, "My client cares about the character of the neighborhood... By its very nature it is changing the character of what Forest Road has been... We are challenging the subjective... does this fit the character of the neighborhood... One of the adjoining land owners was not properly noticed...The parking requirements are unable to be met... People are going to park wherever there is room... Transient guests will not understand how to responsibly manage the situation." Adams spoke in support of the decision and said previous DRB requirements had diminished the available parking. Rogers moved to uphold the PEC approval with Newbury seconding. Foley clarified the PEC decision was only a two year approval. The motion passed unanimously, 7 -0. The sixth item on the agenda was the LionsHead Transit Center Welcome Center (Auxilary Bldg). Town Engineer Tom Kassmel reported that in May 2010 the LionsHead Center Design Team presented the Design Development level plans for Phase I construction and a preliminary program plan for the LionsHead Transit Welcome Center. Phase I has moved into the construction document phase and is scheduled to be bid and start construction this year. Phase II, the Transit Welcome Center, has been updated to reflect the comments heard at the May Council session, which includes opportunities to expand guest service functions, ski lockers, great room, and flexible exhibition space. Council agreed the project should be a more welcoming place that links the parking structure to LionsHead Village and Vail Mountain. Zemler said Council should be cautious as the property has a deed restriction on it held by Vail Resorts. The uses being contemplated by Council extend beyond the allowed public uses for the property which are transit and parking. Zemler said the town staff would find out whether the town needs Vail Resorts approval to move forward with the project. The seventh item on the agenda was Resolution No. 15, Series of 2010 a Resolution Approving an Intergovernmental Agreement between the Town of Vail and Eagle County Regarding the Use of Eagle County's 800 MHz Area Wide SmartzoneTrunked Radio Services. Police Chief Dwight Henninger announced Eagle County has installed and maintained an 800 MHz radio system and is offering non - exclusive access of the radio system. The system will allow multi - jurisdictional agencies exclusively to communicate directly with public safety organizations, including but not limited to police activity, code enforcement, fire and emergency and disaster response. This Intergovernmental Agreement formalizes the existing process and gives authorization for a newly formed executive committee to make budget recommendations to the Board of County Commissioners. Newbury moved to 4 approve the resolution with Daly seconding. The motion passed 6 -1, with Foley opposed. The eighth item on the agenda was Resolution No. 18, Series of 2010, A Resolution Approving an Intergovernmental Agreement between the Town of Vail and Eagle River Water and Sanitation District ( ERWSD) Regarding the 2010 Mill Creek Circle Utility Improvements. Town Engineer Tom Kassmel reported the town and ERWSD have budgeted for a joint reconstruction project along Mill Creek Circle. The project was publicly bid and five bids were received, ranging between $1.13 and $1.30 million. Ewing Trucking and Construction was the lowest responsible bid at $1.13 million. ERWSD will be administering and entering into a contract with Ewing to complete the project. The town will reimburse ERWSD for the town's portions as delineated in the IGA. The project has $1.1 million budgeted, of which staff expects to need $300,000 to complete the town's portion of the work, thus providing significant savings due to cost sharing and taking advantage of excellent construction pricing. Newbury moved to approve the resolution with Tjossem seconding. The motion passed unanimously, 7 -0. The ninth item on the agenda was Adjournment. Newbury moved to adjourn the meeting at approximately 9:35 p.m. with Foley seconding. The motion passed unanimously, 7 -0. Dick Cleveland, Mayor ATTEST: O¢ Lorel onaldson, Town Clerk ' r � � y 5 i Vail Town Council Meeting Minutes Tuesday, July 6, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kerry Donovan Susie Tjoseem Margaret Rogers Andy Daly 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 the Town Manager's Report. a. Revenue Update. Upon receipt of all sales tax returns for the month of May, collections for the month are expected to be $412,148, down 18.9% from budget and 20.2% from last year. Year -to -date sales tax collections are expected to be up 0.62% from budget and down 0.95% from last year. Inflation as measured by the consumer price index was up 2.0% in May compared with May 2009. Construction permit revenue through June 30 totals $309,198 including $125,900 from major redevelopment projects compared with $241,241 from major projects at this time last year. Revenue from non -major projects is up 14% from 2009 due to a number of additions and remodels. The 2010 budget for construction permit fees is $425,000 with year -to -date revenue about $100,000 higher than expected for the first half of the year. Use tax collections as of June 30, 2010, total $574,843 compared with $220,084 at this time last year and $264,000 budgeted. Major redevelopment projects including First Chair, Lodge Tower, and Ramshorn contributed $265,409 or 46% of the total. Several remodel projects including additions to units at Vail Village Inn and Vail Mountain Lodge and remodels at Millrace Condos, the Antlers, and Vail Point also paid use tax in 2010. No comparable activity occurred in the first half of last year. Year -to -date use tax R I I i i } collections have already exceeded the full -year budget of $500,000, which will be reflected by an increase of $100,000 in tonight's budget ordinance. RETT collections through June 29, 2010, total $2,895,326, compared with $1,574,000 budgeted and $1,135,900 at this time last year. Approximately $1,506,653 of the 2010 RETT collected is from major redevelopment projects including Arrabelle, Chalets at the Lodge at Vail, Founders' Park Garage, Landmark, Lions Square Lodge North, Manor Vail, Mountain View, Solaris, and Vail Plaza Hotel. Collections not related to major redevelopment projects total $1,388,673 compared with $591,231 through June of 2009. The full -year budget for RETT is $4,283,000 and we have collected 69% of that budget through the end of June. Across all funds and revenue accounts through May 31, 2010, total revenue of $26.3 million is up 8.6% year -to -date from this time last year and up 8.4% from the budget. b. Summer Parking Update. Rogers said she thought it was unlikely to expect people to park in LionsHead and attend a Bravo! performance. Cleveland recommended trying to manage parking through cost. Transit Manager Mike Rose said parking garage usage was no longer lopsided (in regard to LionsHead vs. Vail Village parking structures). "We have simply run out of space to put cars." Daly said he believed good shuttle service must be provided. Zemler recommended waiting till next summer to make any changes so appropriate planning could take place. c. Timber Ridge Update. Zemler said the town continued to work on the Timber Ridge project. d. Bio -Fuels Plant Update. Zemler reported the town had not received a federal grant for a proposed bio- fuels energy generation plant. The second item on the agenda was the Consent Agenda. a. Approval of 06.01.10 & 06.15.10 Town Council Minutes Daly moved to approve the minutes without amendments with Rogers seconding. The motion passed unanimously, 6 -0. The third item on the agenda was Resolution No. 19, Series of 2010, A Resolution Opposing Proposition 101 and Amendments 60 and 61. Finance Director Judy Camp reported that on May 4, 2010, Dee Wisor, Esq., of Sherman and Howard presented information regarding three initiatives which will be on the statewide ballot in November. Amendment 60, Amendment 61 and Proposition 101 — would limit property taxes, reduce various motor - vehicle fees and taxes, reduce telecommunication service fees, reduce state income taxes and limit state and local government debt, if passed by voters in November. M � I Camp estimates an annual loss of about $1.3 million from Vail Reinvestment Authority tax increment financing revenue, bringing revenue losses to more than $6.5 million annually. Daly commented, "These are clearly draconian measures that will jeopardize Vail as we know it... From a resort community perspective, these three initiatives could be devastating." Proposition 101, which would reduce motor - vehicle fees and telecommunication service fees, would create about a $1 million loss per year for the town, Camp said. Amendment 60, which limits property taxes, would cost the town another $2 million per year, while Amendment 61 would limit the town's debt in the future and cost the town about $2.3 million beginning in 2013, noted Camp. She then explained the town is capable of preparing strategies that would help protect the town from some of the other potential revenue losses. Camp listed two opportunities for the town that would block the impact of the initiatives. The town could defease its outstanding debt in 2010 if Amendment 61 passes, which would save the town $2.3 million annually. Defeasing debt means the town would set aside the money it still owes to bondholders with a trustee, who would then pay the bondholders according to the initial debt repayment schedule. It means the town would no longer have out- standing annual debt service payments, so Amendment 61 would not apply. The second option is to issue debt through the Vail Reinvestment Authority (VRA) before the end of 2010 for the LionsHead Transit Center and Visitor Center projects. The town has already approved the first phase of the LionsHead Transit Center and is considering plans for the Visitor Center. Camp confirmed bonding those projects in 2010 would not affect the town's ability to issue bonds later. Cleveland said that regardless of the potential shortfalls in revenue, the town would not operate with a budget deficit. Foley moved approve the resolution with Tjossem seconding. The motion passed unanimously, 6 -0. The fourth item on the agenda was a request to release an Employee Housing Unit Deed Restriction on Vail Intermountain - Block 9, Lot 4 also known as 2840 Basingdale Boulevard recorded against the property. The property owner, Mr. Dan Frederick, requested Council authorize the release of the employee housing unit deed restriction recorded against his property. At the June 15, 2010, Council Meeting Mr. Frederick requested Council consider authorizing the release of the employee housing unit deed restriction recorded against his property. Following the request Council requested the item be placed on the July 6, 2010 agenda. Ruther said there was no price appreciation cap on the property that he was aware of. He then clarified there was only to be one dwelling unit on the property. Frederick asked if it would be possible for him to build a third unit on the property. Rogers said Frederick had options to become compliant and due to those options she would be unable to remove the deed restriction. Foley moved to maintain the deed restriction with Tjossem seconding. The motion passed unanimously, 6 -0. For more information, contact George Ruther 479 -2145. The fifth item on the agenda was the First reading of Ordinance No. 11, Series of 2010, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Marketing Fund of the 2010 Budget for the Town of Vail, Colorado. Due to a predetermined conflict of interest (Colorado Ski Museum employment) Tjossem recused herself from the item and left the Council Chambers. Cleveland and Rogers encouraged Bravo! to diversify their audience. A large to g contribution was requested to develop 50 Anniversary of Vail documentary DVD. Vail Resorts representative Adam Sutner said there was lent of p Y commercial value for the DVD. He then said it was primarily a marketing initiative and not a commercial initiative. Council agreed to view funding the Colorado Ski Museum differently as it is an amenity to the community similar to the Betty Ford Alpine Gardens. During a pause for public comment Diane Boyer, Ned Wathney, Adam Sutner, Sandy Treat, Erica Wood, Dick Neal, Dave Gorsuch, Marty Head and Jim Lamont spoke in favor of the Ski Museum funding. g Rogers spoke in support of funding the full Ski Museum request as the town had adequate reserves. Donovan spoke against funding all the requests as some applicants did not meet the funding requirements. Daly moved to approve the ordinance with Foley seconding. The motion passed unanimously, 4 -1 with the Donovan opposed. For details, contact Kathleen Halloran at 479 -2116. The sixth item on the agenda was the First reading of Ordinance No. 12, Series of 2010, an ordinance amending Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a property. Pursuant to Section 12 -3 -7, Amendment, Vail Town Code, the Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 12, Series of 2010, on first reading. Pursuant to Sub - section 12- 3 -7 -B, (Amendment) Initiation, Vail Town Code, amendments to the Town Code may be initiated by the Town Council, PEC, any resident or property owner, and the Administrator. At its April 12 2010, public hearing, the PEC initiated an application for amendments to the Town of Vail Zoning Regulation's "Additional GRFA (250 Ordinance)" standards. On June 14, 2010, the PEC forwarded a recommendation of approval to the Vail Town Council on prescribed regulation amendments to Section 12 -15 -5, Additional GRFA (250 Ordinance),Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a ro ert , and p p Y setting forth details in regard thereto, by a vote of 6- 0 -O.The PEC recommended Council approve Ordinance No. 12, Series of 2010, on first reading. Cleveland said he participated in the development of the existing 2004 ordinance and would not support the proposed legislation. Daly noted, "By passin g this ordinance we may be undermining the collective decision making wisdom of the condominium association." Durin a pause for public comment Vail Homeowner's Association representative Jim Lamont spoke in support of the existin ordinance. Dal moved to den the ordinance with Cleveland secondin The motion passed 5-1, with Donovan opposed. For details, contact Bill Gibson at 479-2173. The seventh item on the a was Resolution No. 16, Series of 2010 a resolution prohibitin Medical Mari Centers, Infused Product Manufactures and Optional Premises Cultivation Operations. At the Januar 19, 2010 meetin Council approved a 180-da moratorium on businesses that sell medical marijuana. The moratorium was put in place while the State Le determined how to re the industr from a statewide perspective. The town's moratorium expires on Jul 18, 2010. House Bill 10-1284 was recentl passed b the General Assembl and si b the Governor creatin a state medical mari licensin authorit under a model g enerall y similar to the state li authorit It allows for local re of Medical Mari Centers (commonl referred to as dispensaries Infused Product Manufacturers and Optional Premises Cultivation Operations. On June 1, 2010, Council directed staff to return with le prohibitin medical mari centers, infused product manufacturers and optional p remises cultivation operations within the town. Dal moved to approve the resolution with Tjossem secondin Ro stated she believed the voters of the State of Colorado determined the wanted to le medical mari "it has alread been successfull re The motion passed 5-1, with Ro opposed. For details, contact Matt Mire at 479-2460. The ei item on the a was Adjournment. Fole moved to adjourn with Dal secondin at approximatel 9:10 p.m. The motion passed unanimousl 6-0. Coe Dick Cleveland, Ma ATTEST: .0W/y- i. lo t Lorelei Donaldson, Town Clerk X 00 BSI f Vail Town Council Meeting Minutes Tuesday, July 20, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Susie Tjoseem Margaret Rogers Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The evening session meeting began at 5:30 p.m. in order to accommodate attendance at a 2015 World Championships Community Celebration planned in conjunction with the Hot Summer Nights Concert. Citizen participation was held at its regularly scheduled time, 6 p.m. The first item on the agenda was the Town Manager's Report. There was none. The second item on the agenda was the Second reading of Ordinance No. 11, Series of 2010, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Marketing Fund of the 2010 Budget for the Town of Vail, Colorado. In regard to funding for the West Vail fire station Fire Chief Mark Miller said he hated to be pinned down to a specific number. Miller said he had almost all of the final estimates in. "We have some soils issues that didn't show up on the perk tests and there are going to be some fees associated with the Chamonix affordable housing project." Daly asked why a public art component was 1 included in the J rice of the project. Newbury said she believed public art was p p not necessa ry project. for this 'ect. Cleveland spoke in support of public art. "We are trying to cultivate that side of our community." Council agreed to approve $5.3 million for the fire station. Daly moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 6 -0. The third item on the agenda was the First reading of Ordinance 13, Series 2010 an ordinance amendin g certain sections within 4 -3, Sales Tax, Vail Town Code. Finance Director Judy p reported orted that Senate Bill 10 -142 was signed by p Governor Ritter on March 29, 2010, with an effective date of August 11, 2010. The bill amended Colorado Revised Statutes 29 -2 -106.1 (2) (a) concerning the process of resolving disputes related to sales tax paid to a local government. Ordinance No. 13 was intended to amend the Vail Town Code to be consistent with the new J legislation. The major change is to allow taxpayers 30 days, rather g than 20 to a rotest deficiency notice issued by the Finance Director. Also, the p Y town's sales tax ordinance is silent concerning the statute of limitations when an audit or other collection roceedin commences. Ordinance No. 13 clarifies what p g happens in this situation by adding the following language: "The commencement of collection proceedings, including the mailing of a notice of audit, shall toll the runnin g of the statute of limitations. In the case of mailing of a notice of audit, any such audit shall be diligently pursued by the town. For purposes of this Section, "toll" is defined as an interruption of the running or continuation of the statute of k limitations." Newbury moved to approve the ordinance with Daly seconding. The motion passed unanimously, 6 -0. The fourth item on the agenda was Citizen Participation. There was none. The fifth item on the agenda was a vacancy on the Vail Local Licensing Authority (VLLA) board. Staff requested Council interview two interested applicants at the work session and appoint one member to the Vail Local Licensing Authority. All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of 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 was one vacancy on the LLA. The applicants were: Jamie Garrett and Richard Puetzer. Earlier in the day Council interviewed the applicants. Newbury moved to appoint Garrett to the VLLA with Foley seconding. The motion passed unanimously, 6 -0. 2 The sixth item on the agenda is the Library Roof review and bid award. Public Works Director Greg Hall reported that per Council direction, staff evaluated alternatives and feasibility of different roof systems at the Vail Library. 1. Regardless of type of roof selected, there are items that remain unchanged in the scope of work. Removal of the old roof, new insulation, roof layers, and flashing fall into this category. 2. To stay with what's existing, it requires reinstallation of roofing layers, insulation, drainage mat, flashing, parapet wall caps, drainage improvements and re- seeding. A thirty year warranty will be provided. 3. To go with a different roof system, the new building code requirement on snow load would have to be met (75 Ibs /s.f. to 100lbs /s.f.). A structural engineer would need to evaluate the building and potentially propose structural changes to the building to accommodate this change. This could increase costs substantially. 4. To design a different roof system that takes into account the parapet walls, the glass atrium, and aesthetics would be quite challenging. Again, costs would increase. 5. A different roof system would require the installation of temporary weights s to the roof slab to keep the post- tensioning cables in place. These weights would have to be removed as the framing is constructed. 6. A built -up asphalt or membrane roof is an alternative, but additional weight would have to be added to keep the cables in place. Soil is the most cost effective method of adding weight which ends up being what currently exists. Based on the evaluations staff asked to proceed with bid award. The bids were as follows: • Weathercraft Company of Colorado Springs $368,286 • B &M Roofing of Colorado $385,400 • Alpine Roofing Company $391,250 After bid clarifications, staff determined that B &M Roofing provided the most detailed scope of work, dirt removal plan, temporary waterproofing plan, roof profile, and material samples. "B &M Roofing has the best grasp of the project requirements on this fairly delicate project." Budget for this project is $500,000, but staff believes it can be done for approximately $400,000. Daly moved to approve the contract B &M with Newbury seconding. The motion passed unanimously, 6 -0. The seventh item on the agenda referred to the purchase of a fire engine. The 2010 budget includes $570,000 for the purchase of a new fire engine which will be housed in the East Vail fire station, to replace the existing East Vail fire engine which will be moved to the new West Vail fire station. In 2012/2013, as part of a 15 year replacement plan, the engine moved to West Vail will be replaced. 3 Fire Chief Mark Miller reported Pierce Manufacturing /Front Range Fire Apparatus provided the lowest competitive bid that met fire department specifications. The engine will take approximately nine months to build. Staff is asked Council to approve the bid award to Pierce /Front Range Fire Apparatus for $568,072. The town will receive a discount of $9,366 for prepayment of the chassis ($312,195 in January 2011). An additional discount of $3,788 will be given if final payment is made at time of final inspection in February 2011. Total discounts of $13,154 will be applied to the purchase of associated loose equipment for the apparatus, including; hose, extrication tools, lighting, fans, radios, etc. Staff requested that Council allow the use of the total budgeted expenditure of $570,000 for the apparatus and essential equipment. Although the applied discounts of $13,154 will not be sufficient to purchase all equipment needed, staff will work with the manufacturer to further value engineer the apparatus in an effort to save additional funds that can be utilized for equipment. Competitive bids were received from six (6) different fire apparatus manufacturers for a new fire engine. Three of the bids did not meet fire department specifications. The three approved manufactures gave bids of; $584,240, $584,081 and $568,072. Pierce /Front Range Fire Apparatus had the low bid of $568,072. The apparatus committee worked for four months to design an engine that would meet the town's operational needs, and yet be the most cost effective for the department and town. Miller clarified the truck was going to be slightly shorter, have a lighter axle and a different pump location to provide a more efficient truck. Rosenbauer America (fire engine manufacturer) representative Bill McEnteer questioned the bid process. Cleveland clarified all bidders were subject to the same process. Newbury moved to approve the award with Donovan seconding. The motion passed 5 -1 with Foley opposed. The eighth item on the agenda was Resolution No. 20, Series of 2010, A resolution approving the purchase of real property in the Town of Vail legally described as A Part of Lot 9, Block 2, Vail /Potato Patch, according to the map thereof recorded at Reception No. 129527, in the office of the Eagle County, Colorado, Clerk and Recorder. Community Development Director George Ruther reported the The Town of Vail had the opportunity to purchase property legally described as A Part of Lot 9, Block 2, Vail /Potato Patch, according to the map thereof recorded at Reception No. 129527, in the office of the Eagle County, Colorado, Clerk and Recorder, more particularly described in the attached Exhibit A of Resolution No. 20, Series of 2010. The Council's approval of this resolution was required to purchase the property. During a pause for public comment, Diane Johnson spoke in support of remodeling Red Sandstone Park and purchasing the property. Daly clarified the A property was very unique. "It was impossible to have an appraisal done because there were no comparables...I think this is a well worth while acquisition." Daly moved to approve the resolution with Foley seconding. Newbury thanked Bob 4 a Lazier for selling the property to the town as could have listed the parcel on the open market. The motion passed unanimously, 6 -0. The ninth item on the agenda was Adjournment. Newbury moved to adjourn with Foley seconding at approximately 6:45 p.m. 7Z �cl Dick Cleveland, Mayor ATTEST: s r . f t� ore i Donaldson, Town Clerk ��ie ORpp� 5 Vail Town Council Meeting Minutes Tuesday, August 3, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Margaret Rogers Andy Daly Not present: Susie Tjossem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Dennis Foley, Bill Suarez and Craig Arford thanked Council for their perseverance in alleviating parking issues in LionsHead. The second item on the agenda was the Town Manager's Report. a. Revenue Update Budget and Financial Reporting Manager Kathleen Halloran reported that upon receipt of all sales tax returns for the month of June, collections for the month were expected to be $869,159 up 23.1% from budget and 21.2% from last year. Year -to -date sales tax collections are expected to be up 2.4% from budget and up 0.85% from last year. Inflation as measured by the consumer price index was up 1.1 % in June compared with June 2009. Construction permit revenue through July 28 totals $347,979 including $151,629 from major redevelopment projects compared with $290,209 from major projects at this time last year. Revenue from non -major projects is up 10% from 2009, due to a number of additions and remodels. The 2010 budget for construction permit fees is $625,000 with year - to -date revenue about $55,000 higher than expected year -to -date. Use tax collections as of July 28, 2010, total $612,875 compared with $242,567 at this time last year and $356,000 budgeted. Major redevelopment projects including First Chair, Lodge Tower, and Ramshorn contributed $291,506 or 48% of the 1 total. Several remodel projects including additions to units at the Vail Village Inn and Vail Mountain Lodge and remodels at Millrace Condos, the Antlers and Vail Point also paid use tax in 2010. No comparable activity occurred in the first half of last year. Year -to -date use tax collections have already exceeded the full -year budget of $600,000. RETT collections through July 28, 2010, total $3,322,133, compared with $2,097,000 budgeted and $1,329,700 at this time last year. Approximately $1,748,236 of the 2010 RETT collected is from major redevelopment projects including Arrabelle, Chalets at the Lodge at Vail, Founders' Park Garage, Landmark, Lions Square Lodge North, Manor Vail, Mountain View, Solaris and Vail Plaza Hotel. Collections not related to major redevelopment projects total $1,573,897 compared with $785,000 through June of 2009. The full -year budget for RETT is $4,283,000 and 78% of that budget has been collected through the end of July (58% of the year). Across all funds and revenue accounts through June 30, 2010, total revenue of $29.9 million is up 13.8% year -to -date from this time last year and up 11.7% from the budget. For more information, contact Kathleen Halloran at 479 -2116. b. The Vail Village parking structure expansion over the South Frontage Road study is estimated to cost $25,000 due to the complexities of the issues. Because of the location of the structure, the budgeted funds for parking (RETT and VRA funds) are not allowed to be used. Council should direct staff to use capital dollars to conduct this study. During the parking update two weeks ago staff did not have the cost proposals back from consultants. Public Works Director Greg Hall then asked if Council wished to proceed with this study. Cleveland said he was not interested in addressing the issue. Foley said that until the Frontage Road issues (clarification of ownership) were resolved, it was no use to pursue the project. Council then agreed there was no interest in pursuing the study. The third item on the agenda was the Consent Agenda. a. Approval of 07.06. 10 & 07.20. 10 Town Council Minutes Daly moved to approve the minutes with minor amendments with Foley seconding. The motion passed unanimously, 6 -0. The fourth item on the agenda was the Winter 2010/2011 Parking Operation Plan setting goals, policies, rates and pass prices. Public Works Director Greg Hall asked Council to consider the adoption of the Winter 2010/2011 Parking Operation Plan as presented or with modifications, provide direction where additional information is needed or has been identified to complete the plan. Council annually adopts a Parking Operation Plan for the upcoming winter season. In past years, a recommendation was presented by the Parking Task Force. This year the council directed staff to present a recommendation to them based on input provided during previous council work 2 sessions. Hall explained that transit won't work for all segments of the workforce. Rogers encouraged using a punch card system (i.e., a free day of parking after paying for seven days). Daly and Rogers spoke in support of improved signage to give people advanced warning of parking options. Cleveland spoke in support of a merchant validation system. Daly said the Vail Economic Advisory Council (VEAL) believed a validation system would not work. Daly spoke in support for segregated short term parking. He then encouraged having a Work Session item to discuss the issue. Vail Chamber & Business Association Richard tenBraak representative said local merchants hoped free short term parking would be extended to two hours. Kaye Ferry asked why Vail residents did not realize the same discounts as down valley residents. Paul Rondeau asked Council to simplify the parking process. Cleveland said it was apparent Council needed to have a discussion about pricing. "Will the rates that are proposed serve our purpose ? The fifth item on the agenda was the First reading of Ordinance No. 14, Series of 2010, An Ordinance making supplemental appropriations to the Town of Vail Capital Projects Fund of the 2010 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations. Budget and Financial Reporting Manager Kathleen Halloran said the resolution was tied to Vail Reinvestment Authority resolution passed earlier in the day. Rogers moved to approve the ordinance with Daly seconding. The motion passed unanimously, 6 -0. For more information, contact Kathleen Halloran at 479 -2116. The sixth item on the agenda was the Second reading of Ordinance No. 13, Series 2010, an ordinance amending certain sections within 4 -3, Sales Tax, Vail Town Code. Finance Director Judy Camp asked that Council approve, approve with amendments, or deny Ordinance No. 13, Series 2010, upon second reading. Senate Bill 10 -142 was signed by Governor Ritter on March 29, 2010, with an effective date of August 22, 2010. The bill amends Colorado Revised Statutes 29 -2 -106.1 (2)(a) concerning the process of resolving disputes related to sales tax paid to a local government. Ordinance No. 13 amends the Vail Town Code to be consistent with the new legislation. The major change is to allow taxpayers 30 days, rather than 20, to protest a deficiency notice issued by the Finance Director. Also, the town's current sales tax ordinance is silent concerning the statute of limitations when an audit or other collection proceeding commences. Ordinance No. 13 clarifies what happens in this situation by adding the following language: "The commencement of collection proceedings, including the mailing of a notice of audit, shall toll the running of the statute of limitations. In the case of mailing of a notice of audit, any such audit shall be diligently pursued by the Town. 3 For purposes of this Section, "toll" is defined as an interruption of the running or continuation of statute of limitations. Daly moved to approve the ordinance with Donovan seconding. The motion passed unanimously, 6 -0. The seventh item on the agenda was a Covered Bridge Deck Replacement with Heated Concrete Request. Public Works Director Greg Hall asked Council for direction to replace the Covered Bridge decking with snowmelted wood plank stamped concrete decking. The Covered Bridge connecting Slifer Square and Bridge Street currently has wood decking that has been significantly worn down and is in need of replacement. Due to the volume of guests that cross this bridge, and the slick, wet/frozen conditions, which occur due to blowing snow and moisture tracked onto the wood decking, the town gets many reports of slip and falls at this location. In order to improve the safety condition on this bridge, staff is recommending heating the bridge deck. In order to accomplish this, the deck will have to change material to concrete. The concrete can be stamped and colored to look like wood. The estimated cost of this work is $115,000. The request was to direct staff to proceed through the Design Review Board Process to obtain approval of the material change from wood decking to snowmelted wood plank stamped concrete decking for the Covered Bridge. Rogers asked if any other material than concrete could be used. Daly and Rogers said they would prefer to see pavers on the bridge. Donovan and Newbury said they were strongly opposed to removing the wooden planking of the bridge. Foley spoke in support of widening the bridge. Cleveland noted, "I think it would be a real mistake to change that bridge." During a pause for public comment, Vail Homeowner's Association representative Jim Lamont spoke in support of historical designations for buildings, structures and relevant locations. Rogers moved not to move forward with Donovan seconding. The motion passed unanimously, 6 -0. The eighth item on the agenda was Resolution No. 21, Series of 2010, A Resolution Expressing Support for Congressional Wilderness Designation of Seven Separate Areas on Public Lands Surrounding or Nearby the Town of Vail. The resolution is intended to support a proposal currently before Congress to designate as wilderness portions of the White River National Forest and surrounding Bureau of Land Management areas in Eagle County, including several in the vicinity of Vail. Resolution advocate Susie Kinkade requested the Town of Vail and Town Council support this proposal by passing this resolution. Kinkade said world class resorts need world class landscapes. During a pause for public input, Kevin Hoechtl spoke in support of the resolution. Richard tenBraak spoke against the resolution as it was not ready to be passed. John Bailey spoke in support of making the Spraddle Creek area a national recreation area. Joe Staufer spoke in support of preserving and expanding wilderness areas. Eagle River Water & Sanitation District representative Lyn Brooks spoke against the resolution. "We would like to see more watershed values in their 4 7 destinations." Lee Mossburger spoke in support of the resolution. Jonathon Staufer urged Council to support the resolution. Mark LaVarn spoke in support of the resolution. Vail Homeowner's Association representative Jim Lamont asked Council to look back to the past and dig for the vision of Vail's founders in regard to wilderness protection. Paul Rondeau asked Council to consider the impact the decision would have on the town's guest. Having heard comments from all Council members, Rogers then withdrew a motion to approve and moved to table the resolution until September 21 with Daly seconding. The motion passed unanimously, 6 -0. The ninth item on the agenda was Adjournment. Foley moved to adjourn at approximately 9:30 p.m. with Newbury seconding. 7z r Dick Cleveland, Mayor ATTEST: 1 0 Lorelei Donaldson, Town Clerk . OLOk 5 Vail Town Council Meeting Minutes Tuesday, August 17, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Susie Tjossem Margaret Rogers Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Mery Lapin asked to be put on the Town Council agenda in regard to a proposed parcel realignment. Jason Weingast with Active Energies, Inc. provided Council with examples of solar panel installations. He then encouraged Council to reconsider solar installation zonin g regulations. g The second item on the agenda was the Town Manager's Report. Town Manager Stan Zemler announced Corey Swisher would be leaving the Town Manager's Office after providing six years of service. The third item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's (DRB) denial of a design review application. Rachel Friede with Community Development reported that on May 12, 2010, the applicant submitted a design review application for a fence. On June 2, 2010, the Design Review Board (DRB) held a hearing on the application. The application was tabled to the June 16, 2010, meeting after members provided input on the fencing. At the June 16, 2010 DRB hearing, the applicant proposed a reduced fence area with additional landscaping. The DRB again commented that the fenced area was too large and tabled the application to the July 7, 2010, DRB hearing. At the July 7, 2010, hearing, the DRB denied the Futernick application (4 -0 -0, Plante absent) with the finding that the fence did not meet the requirements and guidelines of the Vail Town Code, including Section 12 -10 -9, Fences, Hedges, Walls and Screening, Vail Town Code. On July 26, 2010, Miriam Futernick, the applicant, filed an appeal to the Vail Town Council of the DRB's decision. Miriam Futernick asked Council to consider allowing a fence for protection and privacy. DRB member Tom Dubois explained the determination for the denial of the fence. Vail Homeowner's Association representative Jim Lamont spoke against allowing the fence. Foley said he did not mind a fence although he opposed the use of wire and mesh. Rogers said she did not believe the applicant had extenuating circumstances. She said she would vote to uphold the decision. Cleveland congratulated the DRB for upholding the town code. Newbury moved to uphold the decision with findings from the staff memo with Rogers seconding. The motion passed 5 -2 with Foley and Daly opposed. For more information, contact Rachel Friede at 970 - 479 -2440. The fourth item on the agenda was the Holy Cross Energy Easement. Town Engineer Tom Kassmel reported the Town of Vail and the Vail Reinvestment Authority are moving forward with the construction of the LionsHead Transit Center Phase I Improvements, which includes a 1200 square foot building along the South Frontage Road, north of the LionsHead Parking Structure. In order to construct this building, multiple utilities must be relocated. Holy Cross Energy must be relocated to the south of the proposed building and will require an easement between the proposed building and the LionsHead Parking structure. Kassmel asked the Council to direct staff to enter into a Holy Cross Energy Underground Right of Way Easement and Trench, Conduit, and Vault Agreement. Daly moved to grant the easement with Rogers seconding. The motion passed unanimously, 7 -0. The fifth item on the agenda was a request to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Eaton Plaza, a Part of Lot C, Block 5C, Vail Village Filing 1, generally located adjacent to the Hong Kong Cafe Building at 250 Gore Creek Drive Town Planner Bill Gibson said as the property owner, the Town Council may approve, approve with conditions, or deny the applicant's request for property owner authorization to proceed through the town's development review process. On June 1, 2010, the Vail Town Council denied a similar request by Four Seasons representative T.J. Brink. Since that time, the applicant revised the proposed sketch plan in hopes of addressing the prior concerns of Council. Should Council choose to approve the applicant's request, staff recommended Council adopt the following conditions: 1. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The applicant shall preserve and protect all existing trees for the duration of all construction activities. 3. The applicant shall modify the proposed plans to maintain the existing 10'- 9" wide pedestrian path located immediately south, and in alignment with, the existing Wall Street stairs. 4. Prior to construction, the applicant must execute a license agreement for the use and maintenance of Town of Vail property in a form acceptable to the Town Attorney. The applicant Dave Gorsuch asked Council to approve the request. He noted the project had recently been modified. Foley moved to approve the request to proceed through the development review process with no conditions with Newbury seconding. The motion passed unanimously, 7 -0. For more information, contact Bill Gibson at 479 -2173. The sixth item on the agenda was a LionsHead Transit Welcome Center Update. g p Town Engineer Tom Kassmel and 4240 project architect Lou Bieker asked for design direction from Council for the LionsHead Transit Welcome Center. The LionsHead Transit Center design team presented programming options for the LionsHead Transit Welcome Center at the June 15th Council session based on previous Council input. After further discussions with Council on the 15 the program was reduced to a total of 8000 square feet laid out throughout a two or three story building. The design team was directed to come back with architectural renderings of both the two and three story options to better understand the massing and contextual appearance. The purpose of this item was to present an update to the Council on the progress of the schematic design and provide architectural renderings of the two and three story options. Three design scenarios are being reviewed for the Welcome Center: 2 -story structure, 3 -story w/ mezzanine and hybrid 3 -story w /exhibit space. Tjossem said the center did not function as a beacon to get people off the highway. She then asked if Vail Recreation District programming would mesh with the intent of the information center. Rogers said she was in favor of having a high ceiling in the welcome center. Tjossem and Rogers expressed a need for a gathering space. Both were very pleased that a hybrid option had been developed. Zemler asked if the town would have to create parking to meet demands created by a new space. Daly noted, "This could be a more visible and identifiable location...I think this is going to be the cheapest space we are ever going to find... I would support us moving forward with a hybrid alternative." Newbury noted, "It would be a really good move toward an entrance and exit to LionsHead." Foley and Cleveland said people waiting for buses should have protection from the environment. Cleveland commented, "I think the information center needs to be more important... That is an important part of this project and I think it is getting lost." During a pause for public comment, Vail Homeowner's Association representative Jim Lamont asked for a business plan for any major public expenditure. "We have not recently analyzed our information systems." Zemler then urged caution, "The more we put in there, the more unaffordable it gets for non - profit users." He then noted staff would hone in on specifics in terms of programming and user groups. Council asked for more detail from potential user groups on how the space would be used and what they would be willing to pay for that use. Bob Lazier, owner of commercial space in Lionshead, asked that any improvement "make a statement" for Lionshead. Kassmel encouraged Council to make a decision so the project could be completed in 2011. Rogers said she would like to hear more input from the LionsHead merchants. Zemler encouraged more discussion about functionality and said staff would explore technology options. For details, contact Tom Kassmel at 479 -2235. The seventh item on the agenda was second reading of Ordinance No. 14, Series of 2010, An Ordinance making supplemental appropriations to the Town of Vail Capital Projects Fund of the 2010 Budget for the Town of Vail, Colorado, and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Finance Director Judy Camp introduced the item. Daly moved to pass the ordinance on second reading with Newbury seconding. The motion passed unanimously, 7 -0. For more information, contact Judy Camp at 479 -2119. Adjournment Foley move to adjourn the meeting at approximately 8:30 p.m. with Daly seconding. The motion passed unanimously, 7 -0. Dick Cl nd, Mayor Attest. of • or ei Donaldson, Town Clerk • • • • • .• • • O COLORP Vail Town Council Meeting Minutes — Special Meeting Tuesday, August 31, 2010 3:00 P.M. Vail Town Council Chambers A special meeting of the Vail Town Council was called to order at approximately 3:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Susie Tjossem Margaret Rogers Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Resolution No. 22, Series 2010, a resolution authorizing the Town Manager to accept a payment -in -lieu from Vail Associates, Inc. (VAI), in exchange for a full and final release of the skier drop -off easement recorded against the North Day Lot property legally described as Lot 1, Block 1, Vail Lionshead Third Filing, County of Eagle, State of Colorado; and setting forth details in regard thereto. Stan Zemler, Town Manager, started the discussion of the resolution outlining the details to the Town Council. Zemler stated this item was coming before the Town Council now as it was necessary due to a timing issue with VAI North Day Lot needing to be completed by May 1, 2011. He emphasized the Town of Vail (TOV) initiated this conversation with VAI and staff had discussions with the Town Council in executive sessions which culminated in Resolution No. 22, Series of 2010. The general terms of the negotiation were that the Lionshead skier drop -off easement on the North Day Lot (aka the First Chair employee housing site) required by the Arrabelle project would be released in exchange for the one time payment by VAI to the Town in the amount of $725,000. VAI would then replace the skier drop -off spaces with parking spaces. The Town's rationale for the acceptance of the money in exchange for the release of the skier drop -off easement, as set forth in the staff memorandum, was that the Town had identified a more desirable location for skier drop -off in the Lionshead parking structure and had already begun construction of the improvements. Accordingly, it was thought that the North Day Lot drop -off location would be duplicative and under utilized. August 31, 2010 Page 1 Kim Newbury asked what the distance is from the North Day Lot and the Lionshead Parking Structure to the Gondola. Community Development Director George Ruther said the distance for both sites was comparable. Kevin Foley stated he walked the distance from both sites today and it was about 300 steps to the Gondola from both sites. Newbury asked if some of the parking spaces at the North Day Lot would be used for evening parking as well. Andy Daly said he wanted to make sure there is no net loss of parking spaces. He also wanted to clarify that during the day the spaces would be used for employee parking and available for other uses in the evening. He also pointed out that this information was not contained in the Resolution. He asked if the easement for the skier drop -off would be removed but wanted to make sure there would still be a pedestrian easement through this area. Ruther explained that the pedestrian easement would be maintained. Daly questioned whether the proposed removal of the skier drop -off easement would give VAI the potential to redevelop the building site for purposes other than parking. Ruther confirmed that approximately 29 parking spaces were to be placed on the site in replacement of the skier drop -off, but that zoning would control future uses of the subject site. Ruther went on to state that zoning on the site is Lionshead Mixed Use One. Town attorney Matt Mire also confirmed that the removal of the skier drop -off easement would not affect the employee housing deed restriction currently encumbering the North Day Lot. Margaret Rogers asked again if removing the easement for parking on the west side would allow them to build on that area. Ruther explained the site restrictions including required setbacks would be difficult to build on the limited site. Ruther went on to state that, because of the no net loss of parking requirement in Lionshead, that if VAI did want to build on the site someday they would have to replace the parking in Lionshead regardless. Mire told the Council that the skier drop -off easement they were considering releasing was a non - exclusive easement and that VAI retained all rights to their property that would not frustrate the purpose of the easement. Newbury confirmed VAI would have to replace the 29 parking spaces somewhere else in Lionshead if they decided to do something else with the site in the future. Ruther confirmed this was true. Kristin Williams, representing VAI, thanked the town staff for coming forward with this proposal and thanked the Town Council for considering the proposal and for participating in a cooperative effort with VAI in a joint venture to move the Lionshead skier drop -off spaces to a better location. Daly again wanted to confirm that the skier drop -off site on the North Day Lot was going to be utilized for employee parking. Williams stated that although approximately 29 r August 31, 2010 Page 2 a i parking spaces would be built in the subject area VAI couldn't commit to how the spaces would be allocated or what the future use would be at this time and that VAI would have to do more research. Daly reiterated that his understanding was that the released skier drop -off area on the N. Day Lot was going to be used for employee parking. The mayor opened the discussion up to public comment. Farrow Hitt, General Manager of Simba Run, said Vail doesn't have any other skier drop -off. He felt this is as ideal as it's going to get. He said when the Town Council went to Park City, Utah, one of the stand -outs was the close -in parking they had for guests. He also stated the ski mountain would shuttle guests from outlying parking areas. He said instead of looking at this as an "either /or" situation, look at it as an "addition to" solution. Another positive item is that locals in town could drop -off their guests. He said a skier drop -off should have been placed at Arrabelle or Golden Peak but it didn't happen, so this is the next best solution. Billy Suarez, stated he was representing the west end businesses of the Lionshead Mall. He said it was great that the TOV and VAI were working together to get a skier drop -off site in Lionshead. He said there will still not be a place for the west end of the mall to have parking and it would be best for the west end of Lionshead if 29 spots would be available at night. Brian Nolan, representing the east and west end Lionshead Mall businesses, said everyone needs to come to terms for the skier drop -off as it will be good for all businesses. He is excited that both sides are talking and coming to terms for the skier drop -off. Tom Neyens, representing both east and west sides of the Lionshead Mall wants clarification of what the uses will be for the released skier drop -off area on the North Day Lot. He stated the money is good but that Lionshead needs a skier drop -off on the west side of Lionshead. He said he is skeptical about what uses will really be on this site. He said nine spots are better than nothing. Jeff Babb, of Vail Mountain base operations, stated that the past North Day Lot parking spaces (9) were rarely used for skier drop -off during the past two seasons. He said no local businesses used them. Bob Armour stated that he agreed with Jeff Babb. He said this area does not work for skier drop -off and it was not ideal. He also said employee parking would be great for the site. He was in favor of using the new facility at the Lionshead Parking Structure for a skier drop -off site. Hitt wanted it clarified that if this is about the money, Council should say so. August 31, 2010 Page 3 In addition, the Town Council received two e- mails, one from Geoff Wright and one from Mia Vlaar, Lionshead business representatives, in support of the change of the Lionshead skier drop -off site. Rogers noted that the requirement of VAI to replace the nine drop -off spaces with the 29 parking spaces doesn't appear anywhere in Resolution No. 22, 2010. Ruther said it doesn't need to be as the underlying zoning will dictate what is required. Rogers suggested that the town should amend the resolution to reflect the requirement that the easement area be replaced with 29 parking spaces. Ruther reiterated that Resolution No. 22 authorizes the Town Manager to enter into an agreement with the terms set forth in the staff memorandum, which does recite the requirement that VAI replace the skier drop -off area with parking spaces. Daly agreed with Rogers that the resolution should reflect the requirement of VAI to replace the skier drop -off area with parking. He requested the resolution have the terms of negotiation incorporated into the resolution. Newbury said her concern is complying with zoning; those spaces do not have to be on the North Day Lot. So if Ever Vail is ever approved, the parking spaces could be moved. Rogers agreed. She stated we lose 9 skier drop -off parking spaces and gain 29 parking spaces. Williams stated that it was not the intent of VAI to pay $725,000 to remove a skier drop - off encumbrance on their property only to have it re- encumbered by a parking requirement. Daly made a motion to approve Resolution No-22, Series of 2010 with an amendment that references the requirement of VAI to replace the skier drop spaces with between twenty and thirty parking spaces. The motion was seconded by Margaret Rogers. Donovan asked if the terms of negotiation in the staff memorandum needed to be added to the resolution. Mire confirmed he would add them by reference add an exhibit to the Resolution. Daly clarified that the resolution should be amended to "creation of 30 parking spaces for day parking" and that he did not want the spaces to turn into long term parking. Donovan said it is a great collaboration and this will contribute to Vail being a world class resort. Williams again stated VAI cannot add another encumbrance to the site. Tjossem said adding the language doesn't encumber the site; it just clarifies the underlying zoning. Ruther said unless there are changes to the zoning, VAI would still have to comply with providing the required spaces as the underlying zoning controls. August 31, 2010 Page 4 Foley stated he won't support the motion or the resolution because he would like more skier drop off parking spaces and there was too little money. Cleveland said he thinks the amount of parking spaces is appropriate. He stated he will vote against the motion as well. Cleveland felt that VAI providing skier drop -off on their own property was an important consideration and that it would allow the Town to preserve mores spaces in the Lionshead Parking Structure. He felt that the parking at the North Day Lot would allow some relief and pressure for Concert Hall Plaza. Newbury stated she would support the Resolution because the Lionshead business representatives showed up in person stating they wanted this. Newbury stated that she will be banking on VAI and Ruther's assurance that parking spaces would be constructed on the North Day Lot in place of the nine skier drop -off spaces. A vote was taken. The motion passed 5 -2, Kevin Foley and Dick Cleveland opposed. Foley made a motion to adjourn, 2 nd by Newbury, passed 7 -0. The meeting was adjourned at 4 :30 p.m. Dick Clev n , a or Attest:. L,? eIei Donaldson', Town Clerk CO August 31, 2010 Page 5 h Vail Town Council Meeting Minutes Tuesday, September 7, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Susie Tjossem Andy Daly Members absent: Margaret Rogers ' Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Richard TenBraak, representing the Vail Chamber and Business Association (VCBA), invited the Town Council and community to the Vail Automotive Classic at the Vail Valley Jet Center on Saturday, October 9, 2010. The second item on the agenda was the Consent Agenda. a. Approval of 08.03.10 & 08.17.10 Town Council Minutes and the 08.31.10 special meeting minutes. Foley stated there were a couple of minor changes on the August 17 meeting minutes and the August 31 meeting. Lorelei Donaldson, Town Clerk, will make the changes. Foley made a motion to approve the meeting minutes of August 3, and August 17, 2010 with the minor changes corrected and approval of the special meeting minutes of August 31, 2010, the motion was seconded by Daly, A vote was taken and the motion passed unanimously, 6 -0. The third item on the agenda was the Town Manager's Report. Kathleen Halloran, presented the Town Council with the revenue update for July 2010. 9.07.10 Town Council Meeting Minutes Page 1 The fourth item on the agenda was the appointment of a member to the Planning and Environmental Commission (PEC). After interviewing interested applicants at the work session, the Town Council voted at the evening session to appoint one member to the PEC. Newbury made a motion to appoint John Rediker to the PEC and the motion was seconded by Foley. The motion to appoint John Rediker passed unanimously, 6-0. The fifth item on the agenda was an update on the Conference Center Funds. Kent Logan made a presentation to the Town Council on the background and current update on the conference center funds findings and recommendations. He stated that Stan Zemler, Kelli McDonald, Susie Tjossem, Kerry Donovan and he met with individuals and additional groups over the past 90 days. In the memorandum submitted to Council, he stated there was no big, new instant fix or idea that came up during the meetings. The committee members met with Harry Frampton, Bill Jensen, Rob Katz, Ceil FoIz, Andy Norris, Beth Slifer, Doris Kirchner, George Gillett and representatives of the lodging community and the Vail Economic Advisory Council. The balance available for reallocation is $9.3 million as of the end of 2009 and on April 6, 2010, Council approved the goal to utilize the funds to increase overall economic vitality in the Town of Vail. The key assumption is to use the funds for capital assets, either new or to enhance existing facilities, providing a long term benefit to the Town of Vail. The subcommittee is requesting feedback from the Council on the recommended project list and direction to refine uses and costs on proposed projects within the next sixty days. Logan also asked for direction to move forward with stakeholder meetings to gather community input and to designate a date to return to Town Council with feedback from the stakeholders. He again stated the projects listed were recommendations only. The five recommendations for completing the Renaissance and upgrading facilities to achieve the highest potential of the goals were: 1) Remodel the Golf Clubhouse with the addition of an events pavilion; 2) Remodel and expand the Vail Village Welcome Center to include community space; 3) Town-wide signage/information/guest enhancement system; 4) Expand and renovate the Dobson Ice Arena to allow for more uses; and 5) possibly expand Ford Park fields to create two full scale athletic fields. He also said there is a need to create better platforms and rely on private enterprise, possibly improving physical assets. He congratulated the town on the assets already in place. He suggested the Council move offensively with the use of these funds as the town's 50 year anniversary is coming up in 2012, and the 2015 Championships are coming up quickly. 9.07.10 Town Council Meeting Minutes Page 2 Logan stated there isn't one place where guests can go to access all that Vail has to offer. We need "activity access" improvement and to improve platforms to be brought up to world class status. In his final comments Logan said the time to start is now as the $9.3 million is economic stimulus in and of itself. Construction costs are down; strike now when discounts are significant. This is a window of opportunity for the 50th Anniversary in 2012 and 2015 Championships. The town needs to spend the money productively, not frivolously. Daly said there was a need to include enhancing and improving current communications for all activities, parking, websites, hotel accommodations, etc. He also stated if the town provided physical facilities, the town would look to the private sector to energize the facilities, and add to the enhancements. He said building space for flexible uses in the facilities would need the help of the private sector to help put it together. He stated we needed to leverage assets we have already. Newbury said she spoke to citizens that were excited to be adding space in Lionshead to improve it to world class status. Cleveland stated the committee had eight criteria used to evaluate the concepts brought forward as potential uses: drive increased lodging occupancy; drive sales tax growth as a result of the investment; enhance the experience for those who live, work and play in Vail; the project can be realistically accomplished, including financial feasibility and can meet such requirements as zoning, parking, sustainability, etc.; understand the impacts on neighborhoods; ability to leverage funding sources available; measurable return on investment; and plan for ongoing operational costs. Dick Neal, a member of the Board for the Colorado Ski Museum said they have drawings on how to enlarge the upper deck of the Vail Transportation Center and the ski museum could be used as a welcoming and heritage center and would direct people to go to other activities. Some members of the board will be going to Arches National Park to review their operation and technology. Rayla Kundolf, resident and employee in Vail, said it's important to emphasize the town is not just a resort but a community and the projects should reflect that it's for the community and what the impacts to the community will be on each of the projects. She also stated to keep in mind the town works with the hospital and they need additional space. The Ski Museum also needs better space and standards need to be upgraded. She asked not to forget the community and the cultural side. She said everything needs to go to a vote. Jim Lamont, representing the Vail Homeowner's Association stated it was a privilege to hear the thinking that went into the process. Now there needs to be business plans. He stated there is a need to allocate funds to each proposal so they can be developed further to see if the cost estimates are close to what has 9.07.10 Town Council Meeting Minutes Pag�e3 been projected in the proposal. He said one of the caveats would be to have greater consideration be given to the Cascade site of the former Colorado Mountain College (CMC) learning center, which is currently an unused building. I Co- utilization of that facility (medical or other issues) would be a good use of the funds. The town needs to open up the funding to more than just athletics. He stated other organizations should have a right to those funds; i.e. Vail Valley Medical Center, if they engaged with other parties that operate in a health and wellness center, they could utilize the former CMC building to further a healthy lifestyle agenda. There could be a greater impetus to go to the community to gather more support for the medical center. Logan said he wanted to discuss the Cascade CMC space. In the consideration of what specifically goes into that space, funds are designated to generate business activity. The committee didn't think the limitations of the site, including parking, made it viable. However, this is an intermediate step, not a final step, on how to spend the funds. Daly said this process is an interim step. The challenge will be to narrow down the uses and highlight the possible projects. He said tax incremental financing (TIF) is driven by possible limitations of Amendments 60 and 61 going on the ballot in November. Daly stated financing can be done independently and it won't impact debt capacity of the town and can be repaid by revenues incrementally. Cleveland agreed this was excellent information. This was very helpful and all five projects have potential. The town should be a leader in the renaissance renewal. He said he is completely in support in what the committee has done and in moving forward.' Andy said to place this item on the next work session to discuss what we want to achieve in relation to communication, where to park, activities, etc. The Vail Chamber and Business Association (VCBA), Vail Local Marketing District (VLMD), Vail Local Marketing District Advisory Council (VLMDAC), the Commission on Special Events (CSE) and the Vail Economic Advisory Council (VEAC) all need to come together and focus on leadership in the next phase of development. How are we going to get this done and who will help? i i Tjossem stated the committee did talk about next steps. She said costs need to be looked at more closely to make sure what is proposed can be provided. She said a lot of these ideas need to be bundled together. The Council needs to begin to dig into each of the projects at the next work session. She thanked Logan for his leadership in getting this together for the Council. The sixth item on the agenda was a discussion regarding the 2010/2011 Winter Parking Policy. 9.07.10 Town Council Meeting Minutes Page 4 Public Works Director Greg Hall stated this item was in front of Council on August 7th. The Council specifically asked staff to analyze the 1 -1/2 hour free versus 2 hours free scenario. Greg explained that with the additional one half hour free, the town loses more time and available spaces for other guests. Staff recommends keeping the 1 -1/2 hour time frame free. Tjossem said other resorts have had success with the two hours free. Newbury said Free after 4 P.M. makes sense. Hall stated the 1 -1/2 hour spaces filled up 45 times in Vail Village and 21 times in Lionshead. The upper deck fee is 30 minutes in and out and up to 2 hours is $15. Hall stated the premium priced shopper parking never filled for 2 -1/2 hours (36% of parking guests used the free services and stayed within the 1 -1/2 hour time frame). Cleveland said in Coeur D'Alene, Idaho they have two hour parking and it was plenty of time to do what you wanted. Richard TenBraak, representing the Vail Chamber and Business Association (VCBA) stated they put that question out to their membership. The membership's response was they want one price scale for the whole garage, zero to two hours for free, three to four hours for $10, over four hours for $25. There is no need for short term shopper parking, to keep it simple and they were okay with looking at charging after 3 p.m. Donovan said she hears no complaints from anyone in her age demographics. They adjust to whatever it is, no matter where you set the price structure, people adapt. A straw vote was taken for consensus to raise the time to two hours free. Foley, Tjossem, Cleveland and Daly were in support of the 2 hours free. i Cleveland wants to see what the financial implications will be with proposed changes. Chris Burns, with Vail Resorts Inc. (VRI) said that parking usually becomes available between 2 and 2 -1/2 hours. There needs to be a straight discount for locals, and to keep it simple. 1' For trailhead parking, spaces should be split half and half, half long term and half short term parking. k' Sherry Dorward, a Vail resident, said the Buffehr Creek trailhead parking being half long term and half short term would be great. i 9.07.10 Town Council Meeting Minutes Page 5 N, { p 5 [ 5 k' Adam Sutner, from Vail Resorts Inc. (VRI), stated there are potential carpooling sites. Technology has really advanced and one can go to www.vaii.com website or face book and dialog between VRI and guests in real time. The town or VRI can pass on parking information to guests and recruit carpooling, i.e., any 4 people in vehicle would have a reserved spot until a certain time, and get a free lunch as well. r The Town of Vail's role would be to verify 4 people in vehicle and to hand out lunch tickets or a return ticket for discounted parking. VRI would need to be fed real time parking data. Hall said messaging and getting the information out to other partners of the town as well as the community and guests will be very important. The information could be updated every 30 seconds or 5 minutes. Within the parking structure, a sign would tell the customer how many spaces are available on each level. Hall will check into the technology and cost. Other possible ways to get the information out would be Twitter, Face book and Website and maze lights matching to levels of parking. The seventh item on the agenda was South Frontage Road parking use policy and parking improvement funding discussion. Daly stated that historically, if Vail Resorts, Inc. (VRI) was responsible, they gave the town space for parking. If VRI is responsible, do we approach and get parking from them? If the town is responsible, the town takes on the parking. If VRI is responsible, is the town able to leverage them to get them to live up to their responsibility. If they don't accept it, do we eliminate Frontage Road parking? Cleveland said the more fundamental question is the appropriateness of parking on Frontage Road. Is this something we want to avoid or is it something we want to do? Tjossem said there is metered parking at Park City, Utah, and that worked for them. Donovan stated she doesn't like the appearance of Frontage Road parking. She is not comfortable expanding the width of the road from the Vail Golf Course to Cascade for diagonal parking. She doesn't support Frontage Road parking. Daly said the issues are the narrowness of the road and the fact that the Frontage Road is Colorado Department of Transportation (CDOT) property. He thinks parking on North Frontage Road is OK. Hall stated that three days are allowed in summer and fifteen in winter, for a total of eighteen days of Frontage Road parking. Foley asked if the town wants to look at expansion of the Vail Village or Lionshead Parking structures. He said unless the town takes a stand on the Frontage Road parking, the town doesn't have leverage. Newbury said if it's not the town's responsibility, it may be Ever Vail's responsibility. Daly said the approach to Ever Vail may be long term and it won't solve anything for the next five years. i 9.07.10 Town Council Meeting Minutes Page 6 it i Cleveland asked if the Town Council was saying no parking on Frontage Road over next 5 years. Donovan said she doesn't know if 15 days is realistic. As part of a long term parking solution, the South Frontage Road will be allowed to be used 15 days for winter and 3 days for summer as an initial target. For most of the winter season Council wants structured parking. Council is aware that due to large events taking place, it may result in parking demands to exceed total structured parking. Additional parking is on less busy streets and supported by the transportation system of the town. Tjossem said we have to use the North Frontage Road as outlying parking so it gives us options without pricing residents out of the valley. The possibility of developing intercept lots down valley are options. Newbury, Cleveland and Daly are OK with North Frontage Road parking. Foley stated we are disregarding public transportation and park -n -ride lots and other solutions need to be found such as down valley intercept lots, carpooling, and other combinations. Donovan said parking responsibility needs to be a partnership, such as looking at VRI and others as our partners. Cleveland said everyone agrees we need incremental new structured parking. Council directed Hall not to bring back a Ford Park solution for the South Frontage Road and to take it off the table at this time. There was consensus that parking on South Frontage Road was not a permanent solution. Daly said the town needs a fully developed plan in one year and to implement it in two years. Give VRI until August 31, 2011, to come to an agreement to move forward, then Council can look at a construction time table. Ford Park is a potential solution for summer. $4.3 million is committed from VRI for parking. Daly summarized the discussion that the Town Council agrees parking on the South Frontage Road is not a long term solution to the town's parking issues. The limit for South Frontage Road parking is fifteen days in winter and three days in summer. The Council is comfortable with North Frontage Road as part of long term solution, but need to look at other alternatives such as transit incentives, down valley park -n- rides, a Minturn intercept lot, agreement in general terms of the town's responsibility for summer parking and VRI is responsible for winter parking. The Town is committed to limiting parking to 15 days in the winter after that date unless an agreement is approved with the town with private and public partnerships. There was no public comment. 9.07.10 Town Council Meeting Minutes Page 7 r= Hall said the long term parking plan was to show how to pay for long term parking. Daly said not to work on that right now. The eighth item on the agenda was Adjournment. Newbury made a motion to adjourn; the motion was seconded by Foley and passed unanimously, 6 -0. The meeting adjourned at 10:10 p.m. Dick Cleveland, Mayor ATT 4eiD , 6naldsorh, Ow N tic L own Clerk � �RADO i x f 8 a 9.07.10 Town Council Meeting Minutes Page 8 Vail Town Council Meeting Minutes Tuesday, September 21, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Kerry Donovan Susie Tjossem Margaret Rogers Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Jason Weingast, resident of Eagle -Vail and owner of a business in Minturn . He has concerns regarding the ordinance regarding solar, the 2 -foot rule stops any solar energy being in Vail. Megan Gilman, Eagle Vail resident and Active Energies business owner with Jason. There is no aesthetic benefit from the 2 -foot rule. Loren with Capital Solar Energy, 1982 installing solar energy. 30 years perspective on solar regulations. This Ordinance is the most restrictive and disabling in the State of Colorado. Once all constraints are addressed, 90% of solar energy availability is gone in Vail. Reconsider the ordinance. Joe Staufer, local business owner, said he is puzzled the lodging community hasn't voiced their opinion on what they want done with the conference center funds since they are the ones that collected it. He disagrees about having astro turf on Ford Park. It is not world class. Extending soccer camp isn't viable as once school starts that is not an option. Leave Ford Park alone. Tom Steinberg, town resident, reinforced what Joe Staufer said. He doesn't want artificial turf. A study 3 years ago stated artificial turf raises the temperature. Don't spend large amounts of money on it. Higher accident rates occur on art. Turf. Town Council Minutes September 21, 2010 Page 1 John Decker, from Eagle Vail, wants the town council to look at all options for parking in Vail, before making a decision. He has an idea that would save money. He wants the council to listen to his idea, it's a green idea and maintains the softball fields. Andy Daly said the reason they are not interested now because they don't want to have structured parking on Ford Park and it is not an option. Hans Schulter, a resident of Vail, said the ordinance regarding solar panels is inflexible and doesn't work. Wants the town council to reconsider reviewing the ordinance. Andy said there hadn't been any submittals for solar panels. There wasn't a process dealing with exceptions. Dick said they have heard from the public and Stan will check with Com Dev on their process. The second item on the agenda was the Town Manager's Report. Stan didn't have anything to report. The third item on the agenda was Resolution No. 21, Series of 2010, a resolution expressing support for congressional wilderness designation of seven separate areas on public lands surrounding or nearby the Town of Vail. Matt Mire, Town Attorney, asked the Council to table, modify or deny Resolution No. 21, Series of 2010. On August 3, 2010, resolution advocate, Susie Kincade, presented to the Town Council a resolution to support seven separate areas on public lands surrounding or nearby the Town of Vail. The Council tabled this resolution to September 21, 2010. It has taken a new form and ask Council to table to another night and bring it back in it's new form or bring it back as this resolution. Andy Daly stated Eagle River Water and Sanitation concerns about someone trying to stop mitigation processes for possibilities like fire and other emergencies. Possible inability to protect the watershed, Hidden gems proposal as it is now is something andy can support. Chuck Ogilby, representative of QQ and .....presented a historical perspective of Vail and Bob Parker worked hard once the wilderness area was passed he worked hard on Creating the eagle nest wilderness area. There were two wilderness proposals when Ford was President. He explained in detail the higher and lower boundaries of the proposals. Ford chose the lower proposal so Denver couldn't do a "gravity feed" project. The wilderness projects saved this valley. Encourages the council to support this important piece of legislation. Steve smith works for the wilderness society and lives in GWS. He is representing Susie Kincade for this legislation and would like to answer any questions. Since we considered this resolution, Jaren Polis has changed this legilation nesa Erickson is here tonight and they are available to speak about any of the 'j Andy Daly made a motion to approve Resolution No. 21, Series of 2010, the motion was seconded by Kerry Donovan and Margaret Rogers. Council had further i Town Council Minutes September 21, 2010 Page 2 I s discussion. Kevin and Dick are not in support of this resolution. would not be voting for it. Margaret is in favor of it. Dick has concerns regarding Spraddle Creek. fi Andy amended his motion to correct the title of the resolution,and item one to 6 items I and Elliott ridge as it pertains to eagle county only. Kerry Donovan 2 nd the amended I motion. A vote was taken and passed 5 -2, Kevin Foley and Dick Cleveland opposing. The fourth item on the agenda was the 2010/2011 Winter Parking Plan. Greg Hall, Town Public Works Director, said each year the council approves the winter parking policy objectives, parking rates, parking pass prices and use rules, outlying parking areas as well as operational changes for the upcoming season. He would like Council to approve the 2010/2011 Winter Parking Plan as is or with modifications. Hall explained the changes to this plan from the last meeting. He took out "shopper parking" as there really isn't a shopper parking. Zero -2 after 3 free, parking passes .; free entry. Shopper value lots, keep some short term parking. Value card discount percent instead of dollar amount. Non peak Sunday through Thursday, 50% off. Eagle county 40% nonpeak period. 20% off for Eagle County residents during peak times. Parking passes the same as last year. Frontage road placard He explained each of the types of passes for Council. Both guaranteed, 80 gold passes were sold last year. Silver passes were limited and sold out 50 to businesses. Silver you have to be a business license holder and get one pass per business. Operational issues, need to make modifications to all entry and exit points for value passes. If you go with paid parking in evening don't have a full self service gate at Lionshead. ($50,000 for operational enhancements to do this at both parking centers. Cost of $15,000 to add service to know when the parking structures are full (text service and web site for real time data to public). 1 -70 doesn't have great data capabilities, won't be accurate from 10 miles out approximately. Interior signage within structure is also a possibility. (would suggest adding to Vail village structure only as cost is high). Margaret says how does the 3 after 3pm work. First two hours after 3pm free at any time. ( at 3 to 5pm or 5p to 7 -pm etc.) over 2 hours pay $3. I' Kim said vail economic advisory council said it would be a disaster to charge the $3 after $3. Susie said the people working during the day already pay for parking and the evening workers don't want to have to pay. Maybe one of the passes could be re- purposed to allow evening workers to park in structures. Maybe Lionshead parking structure is the free after 3pm and Vail Village is the paid parking. She asked if this made it a possibility.' Town Council Minutes September 21, 2010 Page 3 l Public comment: Art Abplanalp, not a Vail resident but represented many Vail residents. After community meeting in March, sent recommendations to Council regarding parking. He has indirect financial interest in this topic. Simplicity was Council's directive. Everyone will be challenged. Issue one: Traffic between here and front range was an issue. Second, how do we keep people in Vail. Give people incentive with a discount on parking to stay in Vail. Suggests providing people with parking discount i.e. $10 discount if they stay from 10 a.m to 6 p.m. signage on entry points. Businesses would benefit. Richard Ten Braak, representing VCBA, recapped what they did when they polled the community. 2 hrs free from 1 -1/2 hrs, charge after 3pm was understood. 2 hrs free wanted to keep. Not a real need for short term shopper parking. Jim Lamont, representing the VHOA, complaint he heard most was the 2 hrs lunch prohibition. Moving from 1 -1/2 to 2 hrs was great. He thanked Art for his innovative solution regarding discounts to folks who stay longer. Shannon Smith, VAC manager, major changes 2 hrs free and $3 after 3pm in support of them. Paying for pink pass for evening workers ok. More equitable for both daytime and nighttime employees. Margaret said her email has been broken. Is not prepared to talk about the $3 after 3pm, loves Art's idea about 11 am to 6pm idea. a Kerry asks everyone if they want 2 hrs free or free after 3. Overwhelming, they wanted free after 3pm. She talked to 75 people. Some people are not supported by the bus system as they work past when buses run. She likes Art's idea as well. Kevin appreciates Art's recommendation, 2 hrs free he can support but don't charge after g' 3pm. Greg's memo regarding staff summer parking analysis. Sell passes at $1 each time someone comes in the parking structures durjing the summer. (greg said there are about 500,000 transactions in the summer. Susie said she has talked to several people as well. She has explained why the charging to offset costs. Business people understood why the charge. She supports $100 -$150 pass to park in evening. There has to be justification to pay for the services. All passes have free parking at night. ` Andy supports 2 hrs free and $3 after 3pm have been mixed. $100 pass for evening parking he will support. All passes would be included in the free in the evening pass. Susie asked again if we could have LH be free and VTC be paid parking. Price sensitive customer provide other alternatives. To manage the supply of parking. Town Council Minutes September 21, 2010 Page 4 s F Did not include any increase of sales tax. $115,000 does not include operational costs. $850,000 surplus in budget and experiment and try to cover costs that way. Summer paid parking is a possibility. Add value card holders to the passes as free after 3pm. 1500 value passes currently. Will have up to 2,500 passes if we go this route. Staff is concerned about layer on top of layer of structuring parking plan. Maybe one step at a time is needed. Staffs ability to communicate different things, may be too much. Dick said in the last 5 years we have steadily decreased our status over parking. This parking message sends a negative message to guests. Isn't supportive of $3 after 3pm. Rewards program incentive so people can get parking discounts as well as other incentiveds. Validation system. Willing to risk the 2 hrs free and keep free after 3 for one year. Value cards on top deck? KISS.... Kim agrees with Dick, if we charge it will be a public relations disaster. Wants to see Art's idea be implemented. Trying to pay debt and operations. Be revenue neutral. Rob deluca, bridge street owner, Currents, people of means and other, are annoyed . perceived value vs perceived annoyance. There are offsets. What is collected in sales tax, repeat business. Needs to be User friendly. Some owners pay for employees passes. Economy not good and this is an annoyance. Wants every business to be allowed to buy one silver pass. Margaret against the pay after 3pm. Don't want to put arts idea off till next year. Thinks it will keep people in town. Wants to take this risk this season. Maintain 3 after 3 come early stay late. Greg said looking at the stats. 20% people are still in structure after 6pm. It may go to 25% you are look at 3 / million in revenue. Give staff time to work on Art's concept. And have council give staff direction on the 2 hrs free and free after 3pm. Susan said what works better, lower cost from $25 to $20. $25 issue old (dick). Take chance on doing the 2hrs free and free after 3pm. Art stated an estimate of 750,000 to 1 million. Translate to / /// Free after 3pm 6 -1 susie against. 2 hrs free 7 -0 unanimous. Andy said to look at Saturday and Sunday discounts only. Also, he wanted to add Town Council Minutes September 21, 2010 Page 5 $65,000 real time funds, upgrade to all value pass access to whole garage, self serve exit lane at Lionshead structure be added and approved. Friday and Saturday are peak days on the value cards. 7 -0 unanimous support for the $65,000. Come back in 2 weeks with final details on parking plan. (October 5th) The fifth item on the agenda was the Strategic Parking Plan Action Steps Presentation by Greg Hall. The Town Council strategic goal was to address long term parking. The town has an agreement with the Colorado Department of Transportation to provide a parking plan by September 30, 2010. Over the past year the council has reviewed presentations on parking demand and supply and possible solutions regarding additional parking options. The staff has worked with CDOT on possible terms on the continued use of the Frontage Roads. The Town Council at the September 7 meeting articulated the direction on the Frontage Road use, as well as an approach to cost sharing to be discussed with our parking partners to implement the plan. This set the groundwork for a recommendation, action steps and next steps to complete a plan. Hall, covered the strategic plan as attached to the agendas. Dick asked if this was an interim solution for 2 -3 years. Greg said it could be 3 to 6 yrs. Ford Park and west vail as first phase within 2 years 2012 and 2013 ski season. Kevin asking where the 11.6 mil coming from. 4.3 from VRI 700,000, charter bus of funds, ford park master plan 2.1 mil includes field work. Money budgeted for parking improvements, and bike lanes at ford park, funding partners. Dick lh charter bus lot and ford park phase 1, would provide reasonable incremental parking for next 2 -3 years. Kim said the parking at ford park doesn't' negatively impact ford park in the process. Thinks it' S a good recommendation and won't break the town's budget and we could do it incremetnaly. Margaret agrees with kim. Chris Jarnot, VRI, first said the town council made great decisions on the free after 3 and 2 hrs free. Also liked art's idea. Would like to collaborate with the town on possibilities. He said this year will be very dynamic this year. BP lot will be used, Arrabelle, Holy Cross lot, valet parking, solaris parking, Construction traffic leaving is great. Limit p;arkign to 15 days in winter time, and 3 days in summer time. What does that mean. i Town Council Minutes September 21, 2010 Page 6 1: Andy said the idea is sto have a goal achieved to limit 15 days. If its consistently exceeded we would stop parking on south frontage road, it's an issue. Find other solutions to be implemented with partners. Intercept lots and down valley solutions. Next 2 — 3 years may include structured parking. What will it trigger if over flow exceeds 3 days next summer? Andy said it will take more than 1 year to work it out. 8/31/11 is the date to negotiate longer term solutions with partners for 2011/2012 winter parking. Will look to VRI for structured parking for future parking solutions. Andy said a key part is working with VRI in developing what makes sense for strategic parking solution. Maybe a task force can be formed to move the process along further by 8/31/11. Chris said he will work with Stan on solutions. How many employees use public parking. Will any spaces be freed up in the public parking areas. No net change this year. BP lot replaces parking for the north day lot and arrabelle too. Gain 100 spots in holy cross lot. Maybe 100 spaces may be freed. Mmore capacity in arrabelle and promoting it more. Solaris may be in a plan, Chris willing to work on it. Not in discussions as of today. Jim Lamont, VHOA, diagonal parking on frontage road inviting an accident. Ford park plan is acceptable. Private sector has to deliver the parking along with the product, not later. Privately owned parking structures will be .... Carefully have to weigh the monopolistic private parking versus public parking. Private parking is being underutilized and now being utilized for public parking. A problematic issue and can drive us down. Chris Burns, charter bus lot is used for rv's, oversized trucks, not just for buses. Next steps, stan says we have a financial model plan, a time table on how this can be implemented, how to keep the momentum going with working group formed, think about the cascade and ron byrne has some spaces. Andy said another piece is frontage road and overflow discussion. (page 2 of memo). Document accurately, council's long term parking strategy. Summer parking ws town's responsibility, VRI was winter responsibility. An agreement needs to be done and approved with VRI, with need to know what happens after 8/31/11 if 15 days is exceeded. Dick said he comment is on ford park, moving tennis courts keeps bringing up. Don't put moving tennis courts as an option. Need tennis courts upgraded. The sixth item on the agenda was the Frontage Road Partial Ownership Transaction Direction and CDOT required plan submittal. Greg Hall, stated staff would like direction on the terms of the partial ownership transaction the town will entertain with CDOT regarding the south frontage road. The Town of Vail per previous agreement with the Colorado Department of Transportation Town Council Minutes September 21 2010 Page age 7 is required to provide a plan of action regarding use of the frontage roads for parking. The Town Council directed the frontage road will be used in various fashions to meet both permanent parking and temporary parking in Vail. Council directed Stan Zemler to send a letter outlining the Town's intent with regard to partial ownership transaction of the South frontage road from the Town Shops to the south west Vail roundabout and the terms of such negotiation. This letter will satisfy the CDOT requirement regarding a plan presentation as outlined in the previous agreement with CDOT. Greg referred to memorandum. Stan said they are engaging CDOT into Vail taking over frontage road. See memo for key points under town interest. Margaret concerned with putting out 1.75 mil for maintenance payment, in case it's more and we can't go back for more. Greg said we are only taking over 4 miles (not the full 11 miles). Formulated in their method, and meets their standard. The number came from them not us. What will it cost us to maintain over the next 20 to 25 years. When doing the analysis, do it for the whole 11 miles. Margaret said we should come up with the number, doesn't' want a number that is unrealistic. Andy said he wants an analysis and go out 25 years. Stan, this has an inherent value of the tov owning. Don't add a number for #2 (2). Stan said we should prbly made some progress on additional parking being added to inventory. Andy made a motion to direct staff to move forward with letter to CDOT, 2nd by Margaret, passed unanimously. 7 -0 The seventh item on the agenda was the Lionshead Transit Center update. Tom Kassmel, said that on August 17th, the Lionshead Transit Center design team presented three design options for the Lionshead Transit Welcome Center based on previous Council input. The discussions regarding the three options, now two options, indicated the 2 -story option was the preferred option and the desire to add the Amenity Space was mixed without having additional information on its function and economic viability. At the September 7th Council work session Council asked staff to come back with additional information on the following issues, prior to making a final recommendation: Operations of amenity space was discussed. Donovan pavilion staff thought they could operate in the black. See management proposal comparison in packet. VRD proposal Town Council Minutes September 21, 2010 Page 8 share in subsidy /revenue. Programmed with community programs. If up community events from 50 to 200 probably have to subsidize approx. $35,000. - Management costs of the Amenity Space -Final layout of the VRD space with VRD consensus - Clarification on design issues; possible warming kitchen, enclosed vestibule space for bathrooms, Amenity space storage. -How the library remodel might interact with this space He requested the Council provide direction to staff to proceed thru the entitlement process and design development for the preferred option. Staff recommends proceeding thru Design Development and Entitlements with the 2 story option with the additional amenity space, based on its efficient design and program layout, compliance to the Lionshead Master Plan, and the ability to provide needed flexible community space at a relatively low incremental cost per square foot in a prime location; albeit with the risk of some operations subsidy, but with the potential to operate in the black depending on management and use. Does this fill a long term need for VRD. VRD said 20 years in Lionshead. He went through the memo /slide. Tom would like direction from Council on the 2 story amenity space model. Susie had a question for Laurie Asmussen with Donovan Pavilion Management. Definitely thinks this could be a great space to draw smaller groups and weddings, and other community meetings, destination type meetings, etc. Dick asked if anyone considered that parking would be paid parking. Laurie said she thinks it wouldn't be a down side to the space. 90 person seated or 140 person capacity standing. Audio /visual is not included in the costs. Maybe provide a screen, it would be an addition depending on what is needed. All glass is to south. Costs for incremental space is approx.. 600 -700 thousand. Bob Lazier, Tivoli and lionshead, talked to lots of people in lionshead. Excited that there will be more activity in Lionshead. And getting it's own identity. Enthused and like the building. Jim Lamont, VHOA, staff has done due diligence, has management capabilities. Avoid leasing off spaced to private entity. Commit space to community meetings, keep it a community meeting space. Due diligents by town is high. Margaret in favor of hybrid and confirms there is a need for it. Proceed as quickly as possible to take advantage of low construction costs now. Look at space that we will Town Council Minutes September 21, 2010 Page 9 i be using for the next 30 years. Maraget made a motion to give staff and 4240 direction to move for ward on hybrid version, 2nd by Kim Newbury. For continuing design and construction drawings, warming kitchen, etc. Kerry thanked staff and community for their work and time on this project. Kerry wanted to state there was a clarification that this is not a 2 story option but the hybrid 3 story option. Susan t Kevin said north side needs to look sharp too not just on the south side. To get people over to the site. Don't know if we want to get rid of booth off of the frontage road. A vote was taken 7 -0 unanimous approval. The eighth item on the agenda was a discussion and direction concerning capital projects which are candidates to be funded with tax increment financing (TIF). Judy Camp and Greg Hall asked the Council to provide direction to staff regarding projects and costs to include in the upcoming TIF bonds. On August 17, the Town Council, acting as the Vail Reinvestment Authority, directed staff to begin work on TIF bonds to be issued in October. Specific costs eligible for TIF financing were discussed in a work session on September 7, at which time Council requested an evening meeting to discuss the projects in more detail. Staff is proceeding to work with our advisers to prepare documents subject to Council's direction regarding projects. Authorization to issue the bonds will be by resolution of the Vail Reinvestment Authority on October 5. To prepare for that resolution, staff needs direction concerning projects and costs to include in bond offering. Staff recommends including $13,525,000 of Lionshead area redevelopment projects in the upcoming bond financing for the specific projects. Staff would like direction on finalizing projects and timelines for the TIF bonds. The final will come before council on October 5 th Lionshead transit and welcome center, charger bus service parking lot, East lionshead portal, west lionshead concert hall plaza, main library remodel $13,525,000 total cost. Andy is fully support of everything except concert hall plaza for $750,000, main floor library remodel not a priority #1, Town Council Minutes September 21, 2010 Page 10 What he sees missing is Dobson ice arena, becomes a multi event type facility. Margaret is to have more projects funded than fewer. However propositions coming up make for First 3 projects include, main floor library remodel, include Dobson. Include all #1 priorities and Dobson if need be. Dobson is further off than 3 years and may not be able to add because there isn't a clear enough plan. Andy said iit is less defined but give us funding source that may nto be availabale if 60, 61 and 101 passes. Kevin wants to know what debt service will be. Judy says $22,1 million over next w25 years. Kim said she is in agreement for priority 1, her concern is in II. Projects... She is concerned that the snow melt is not included. There are maintenance costs. Could be $100,000 ongoing costs to maintain. Kery said would we be having this discussion if 60, 61 and 101 didn't pass. Judy said the discussion would be in 6 to 12 months. Susie, said TIF has shelf life. Money is available for us to use. It's smart to do it out of this fund as it only has 20 more years left. $26 milion in 20 years. Wants Dobson in the mix. Sp;end it out of the right fund. Moving gthe bond issue up 6 to 12 months (andy said). Kim said doesn't' have problem moving this up as we need to upgrade town to world class level for 2015. Stan said if not going in direction to not doing concert hall plaza. Go to phase two and the library 1.5 mil for phase 2 Greg said this does not include soft costs. Judy Can substitute projects down the road. Stan said Dobson falls into that category. If propositions pass could only use $8.6 mil. Library needs work. Needs to be part of this proposal. Jonathan with Piper Jaffrey said 85% of project has be completed in 3 years from time of issuance of bonds. Judy said $15 mil was target funding recommended a few weeks ago so costs wouldn't go up. And Town Council Minutes September 21, 2010 Page 11 Support of not more than $15 mil for TIF bonds. Judy said bonding offering goes on tomorrow. Straw vote Susie kim dick and Margaret in favor. Andy, kim and kevin opposed. Kim wants ongoing operating costs. Andy said spending 2.3 on library leaves him uncertainty. And not doiong anything here to help grow the economy. Has a difference of opinion. Kerry isn't informed or confident of committing to these projects. Kevin said CML sent brochures on 60,61 and 101 and need to pass them out. Dick said We don't have to spend the money. We have to think about the future of the town and take advantage of tif, now is the time to do it. Got the votes for 15m let's go with it. (Margaret) The ninth item on the agenda was adjournment. Kevin Made a motion to adjourn, the motion was seconded by Andy; and passed unanimously, 7 -0. The meeting adjourned at 10:40 p.m. Dick CleVV5rld, Mayor Atte ,�pW.IV O,c` • % S 9 . s Lefelefbonaldson, Town Clerk •; CE •. �. gRgDO, Town Council Minutes September 21, 2010 Page 12 r r Vail Town Council Meeting Minutes Tuesday, October 5, 2010 7:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 7:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Joe Hanlon, Vail Recreation District representative, invited the Council and the public to an open house on Oct 7, 2010 at the Vail Golf Course to review the proposed master plan at 6 p.m. for public comments. James Van Beek, an unaffiliated candidate running for Eagle County Sheriff's office in November, introduced himself to Council and gave a brief presentation about his background and views to Council and wants to give the community personal and more proactive services. Joyce Gedelman- Viers, a Vail property owner, thanked the Commission on Special Events (CSE) for their hard work this past year. She stated she was interested in the vacancy on the CSE but had decided to postpone applying to be on CSE until December when 3 vacancies would be available. She said she heard the Council was going to appoint more people to the CSE than what was published in the notice and said the Council was starting a dangerous precedent in not following what was published in the public notice and not communicating to interested parties what the procedures and process was to the public in advance. She said the Council wouldn't want to undermine their credibility by not following current procedures. The second item on the agenda was the Town Manager's Report. Kathleen Halloran reviewed the monthly Revenue Highlights. October S, 2010 Town Council Meeting Minutes 1 The third item on the agenda was the appointment of one member to the Commission on Special Events (CSE). The applicants were interviewed at the afternoon work session. The Council had a discussion on whether to appoint more than one person to the CSE at this time as there were a lot of good candidates for the CSE. The Council decided to vote to fill the one vacancy at this time, for the three month timeframe as published. A vote was taken and a motion was made by Kim Newbury to appoint Amanda Jensen to fill the vacancy on the CSE; the motion was seconded by Andy Daly and the vote was unanimous, 7 -0. The fourth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town code, of the Town of Vail Design Review Board's approval of a design review application, pursuant to Section 12 -11, Design Review, Vail Town Code, to allow for a change to the approved sidewalk paver blend, located at 141 East Meadow Drive. Michael Suman, the in -house architect for Solaris, sent a letter to Council and will be added to the agenda for the record. He apologized to the Council for not following the guidelines. Solaris owners felt they were doing the "better thing" in changing the color of the pavers. Warren Campbell, Community Development Chief Planner, stated on September 7, 2010, the Council voted to call -up the Design Review Board's (DRB), August, 18, 2010, approval of a change to the paver colors on the north side of the Solaris development. On November 20, 1991, the Town of Vail adopted the Streetscape Master Plan which established the paver design and color blend for pedestrian areas. The paver pattern for pedestrian areas was established to be herringbone and the paver color was a unique "Vail Blend" which was a "charcoal grey with reddish /black accent ". These patterns and color blends were reaffirmed in the adoption of the 2003 Streetscape Master Plan Addendum. The Community Development Department recommends that the "Vail Blend" be utilized for the pedestrian sidewalk on the north side of the Solaris development pursuant to the adopted Town of Vail Streetscape Master Plan and the Streetscape Master Plan Addendum. Newbury stated the she was in favor of upholding the DRB decision. Rogers said she agreed with Newbury and stated the Council appoints various community members to the town boards and relies on them to do their job to which they were appointed. She believes the DRB is doing their job and will support their decision. i Foley made a motion to uphold the decision of the DRB; seconded by Newbury; Donovan said she was not in favor and will not approve as she feels the applicant Y, f October 5, 2010 Town Council Meeting Minutes 2 } needs to follow the master plan. A vote was taken and the motion passed 6 -1, with Donovan opposed. The fifth item on the agenda was a request to provide a one year dispensation to Vail Commons Residential Homeowner's Association required land lease payment to the Town of Vail. Nina Timm, Housing Coordinator, stated in December the Vail Commons Home Owners Association ( VCHOA) asked for a dispensation of the land lease payment. Staff would like Council direction on whether the dispensation should be granted and provide staff direction on how to amend the Capital Projects Fund to reflect any changes Council would make to the VCHOA land lease payment. Pursuant to the request from the Vail Commons Residential Homeowners Association "to defer the land lease fee for the maintenance on capital projects ", staff has prepared a memorandum outlining the terms of the Vail Commons Residential Land Lease as well as the terms for other employee housing developments on Town land. Staff does not recommend providing lease payment dispensation for the Vail Commons Residential Land Lease. She introduced Ethan Moore who represents the VCHOA. Moore said the VCHOA understands the amount requested of $38,000 is not insignificant. The VCHOA feels the dispensation is a legitimate request and is in the town's best interest as well. Vail Commons is a valuable asset to the town, is the largest block of owner occupied residences in Vail and they are requesting the VCHOA have temporary access to land lease funds to improve their project on town -owned land. The funds would be redirected for specific improvements to the common elements of the property. Any work done would not increase any maximum sales price. Rogers asked about the capital projects funds. Zemler stated there were far more projects then dollars to fund them. Newbury asked how much land the VCHOA has leased versus the commercial spaces and City Market. Moore said about half of the land is leased by the VCHOA. Timm said in the fifteen years that Vail Commons land lease has been in effect, the cost has never been increased. Matt Mire, town attorney, stated if the Council approves the dispensation, the Council needs to site a purpose or reason as to why they are approving it or it would be illegal. Rogers wanted clarification on whether the request is for forgiveness or a deferral. Moore stated they wanted it to be forgiveness of the payment. She asked for specifics on what the money would be used for. Moore said the money could be used for roof October 5, 2010 Town Council Meeting Minutes 3 repairs, adding additional snow melt, redesign of some of the roofs, and the windows need to be replaced and sidewalks need to be repaired. Rogers asked what kind of precedent would this set. Timm said part of the reason the VCHOA is coming forward is because they are the only land lease project in Vail. The Vail Commons property cost was $3.1 million. The intent when the land was purchased was to recoup the value of the land. There has been a 42% increase in the value of the units since inception. Cleveland stated that the cost of the $38,000 wouldn't even begin to touch the cost of replacing the windows. He wanted to know if the VCHOA is asking for dispensation for one time or for each future year. Moore asks that the land leases be changed to be more in line with other projects in town. He said quality affordable housing is in the best interest in the town and he wants this asset to be in the best interest of everyone. Newbury asked if the HOA dues were affordable. Carol McKown, a Vail Commons homeowner, said the dues are currently $835 every 3 months ($278 /month) for two bedroom condominiums and $910 for 3 months ($303 /month) for three bedroom units. Michelle Reimer, Vail Commons homeowner, stated the dues include the land lease fees. Daly said when the project was approved the taxpayers believed they would recoup the $3.1 million of the project and interest costs. He also said a more important matter is using this funding mechanism. If an association is not looking for special assessments or additional funds to set aside for projects and replacement reserves, the town is not recovering costs. Daly said he cannot support this request. He said the VCHOA needs a replacement fund. This undermines the idea of affordable housing with land leases. Cleveland does not support this request either. Cleveland said everyone who owns property has fixed costs they have to deal with as a homeowner. Tjossem agrees with Cleveland and suggested the VCHOA come in and renegotiate the land lease. She said that forgiving the land lease to do maintenance projects should not be done. The request was denied and there was no motion to change the land lease or move this issue forward. The sixth item on the agenda was first reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Rachel Dimond, planner, gave a brief overview of the project. There are a number of properties in Vail that would benefit from this new zone district. Several legally October 5, 2010 Town Council Meeting Minutes 4 nonconforming properties would conform to this new zone district, including Vail Trails East, Vail Trail Chalets, Vail Row Houses and the Texas Townhomes. The application went before the Planning and Environmental Commission (PEC) in August and was approved with modifications. The PEC recommends the Vail Town Council approve the first reading of Ordinance No. 15, Series of 2010, with the following modifications: - The gross residential floor area (GRFA) standards should allow a 1.35 GRFA ratio. PEC recommended 1.35 ratio, so they can utilize the full potential GRFA. - The parking standards should include the applicant's proposed language allowing parking in the front setback and street right -of -way. - The setback standards should be 20 feet as recommended in the staff memorandum. Dominic Mauriello, Mauriello Planning Group, representing the applicant, made a presentation to Council and reviewed the background and process of this request. The original application was denied. One of the homeowners at Vail Rowhouses, Mr. Bridgewater, refrained from being included in the Special Development District (SDD). He said there were holes in the SDD and the application was resubmitted for text amendments and the properties that would be included would be Vail Trails Chalets, Texas Townhomes, Vail Trails East, Vail Rowhouses, Numbers 1 -6 and Vail Rowhouses, Numbers 7 -13. Staff sent notices to all 80 property owners and have letters of support from the Vail Trails Chalets and the Texas Townhome property owners. Mauriello then reviewed their memorandum with the Council. Cleveland and Daly had concerns about the "step backs" allowing 48 feet high elevations from the street side of the property and said implementation could be an issue. Rogers said she supports the PEC recommendations. David Viele, a board member of the PEC, said the PEC came to their decision to include all property owners' rights in the process so no one had a "taking" of their rights at the 1.35 ratio and it was the lowest common denominator for equity for all homeowners, streamlined the process, saved staff time and promoted a client - friendly review process. He said saving floor area of 50 % was difficult and that this approval did not allow for step backs that were 48 foot high from the street level. Mauriello recommended the applicant come back with a model at the next meeting so Council could have a visual view of what they are talking about. Viele said it's more important to address removing the 50% floor area versus the 1.35 ratio. John Dunn, an attorney representing the Bridgwaters, who live in the Vail Rowhouses, stated the Bridgewaters have been part-time residents for many years. Their concern is October 5, 2010 Town Council Meeting Minutes 5` about the Gross Residential Floor Area (GRFA) ratio as a matter of public policy. They believe the ratio will change the overall feel of Vail. George Ruther said part of the implementation will be to have a plat map amendment on the collective townhouse properties. This would allow a property owner to redevelop without the multiple variances that would currently be required. Scott Lindall, an architect representing Unit 13 of the Vail Rowhouses, stated they are in support of the Vail Village Townhome District ordinance and the 1.5 ratio and are in support of the amendments except for the side setbacks. He said the front and rear setbacks comply but the side setbacks are almost to the property line. The Vail Rowhouses Unit 3 is the only unit that has 20 feet of side setback. He recommends using three feet as the side setback because Unit 13 would be the only one that can comply. Daly made a motion to approve first reading of Ordinance No. 15, Series of 2010, with amendments; the ratio would be 1 to 1.25 of lot to developable GRFA; the eave height on the street side limited to 35 feet; no split zoning would be allowed; town staff needs to come back with language to provide for not vacating right -of -way and total rezoning of project; parking standards should be 20 feet and comply with the findings of PEC; Newbury seconded the motion. Tjossem said she would support a vote with the PEC recommendations so she would be voting against. Rogers said she would be voting for the PEC recommendations as well. Ruther clarified that the town would not be vacating any right of way. A vote was taken and passed 5 -2, with Tjossem and Rogers opposed. The seventh item on the agenda was Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Rachel Friede Dimond, staff planner, recommends the Council table Resolution 23, Series of 2010 until the second reading of Ordinance No. 15, Series of 2010, so the ordinance and resolution go into effect at same time. Foley made a motion to table Resolution 23, Series of 2010 to coincide with second reading of Ordinance No. 15, Series of 2010; the motion was seconded by Daly; a vote was taken and the motion passed unanimously, 7 -0. The Council moved to the eighth item on the agenda which was Resolution No. 24, Series of 2010, a Resolution Approving an Intergovern mental Agreement Between the g October 5, 2010 Town Council Meeting Minutes 6 Town of Vail and the Colorado Department of Transportation (CDOT)Regarding Highway Maintenance; and Setting Forth Details in Regard Thereto. CDOT is required to maintain state highways including highways extending through a city or an incorporated town. The Town of Vail and CDOT wish to enter into an Intergovernmental Agreement authorizing the town to maintain the highways within town limits, and for the State of Colorado to pay a fee of $120,998.00 for such services. Staff recommends approving the IGA and authorizing the Town Manager to sign and enter into the IGA with the CDOT in a form approved by the Town Attorney. Daly made a motion to approve Resolution No. 24, Series of 2010, the motion was seconded by Tjossem; a vote was taken and the motion passed unanimously, 7 -0. Council moved to the ninth item on the agenda was adjournment. Newbury made a motion to adjourn, seconded by Foley and passed u ani usly. The meeting adjourned at 10:55 p.m. Dick Cleveland, Mayor Atte :SEA Lorelei Donaldson, Town Clerk •.� • oof OrtAQp October 5, 2010 Town Council Meeting Minutes 7' iw f i I i i I i Vail Town Council Meeting Minutes Tuesday, October 19, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kerry Donovan Susie Tjossem Margaret Rogers Members Absent: Andy Daly 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. Dan Corcoran, Eagle County Surveyor, introduced himself and explained he is running for re- election of County Surveyor in this November's election. Mia Vlaar, with the Vail Jazz Foundation, expressed her gratitude for the contributions from the Council and the recognition of the Stone's at a future council session. She requested additional funding from the Commission on Special Events (CSE) for additional summer jazz concerts to be added in July, 2011. Matt Mire, town attorney, stated the ordinance for special events exempts the iconic cultural events from receiving funding from the CSE and they should request the additional funding from the Town Council out of the funds set aside for Council Contributions. He said it's up to the Council to change what account funding would come out of, whether it's from the Council account or CSE funds. The intent of the ordinance was to fund culturally designated events separately from the CSE funds. Zemler said the Council could add more money in the Council account for Council contributions. Tjossem stated she thought iconic events weren't prohibited from requesting additional funding from the CSE. Rogers said she would like Council to fund it and not the CSE. Mire said that was more in line with the intent of the ordinance. Vlaar said they received additional funds last year which made a great Town Council Meeting Minutes of October 19, 2010 Page 1 i difference in what they provided. They want to add all Thursday nights in July to their lineup. Cleveland asked Vlaar to come back to the next meeting with specific funds needed for adding the additional days in July so the Council could discuss in further detail. The second item on the agenda was the Town Manager's Report. There was nothing to report at this time. The third item on the agenda was the Consent Agenda: Approval of the September 7 and 21, 2010 meeting minutes. Foley made a motion to approve with minor corrections, the motion was seconded by Tjossem, a vote was taken and the motion passed 5 -0. The fourth item on the agenda was a discussion of the Comcast franchise agreement. Matt Mire, town attorney, explained the Comcast franchise agreement had expired and Comcast was operating on a month -to -month agreement. The discussion was two fold: to receive public comment and for Council to ask questions of Comcast. Mire said In 1995, the Town of Vail (the "Town ") entered into a cable franchise agreement with TO Cablevision. Several years later, TO was purchased by AT&T and finally Comcast. As part of this agreement, the Town was given a fiber optic network connecting all five of our municipal buildings. At the time, this was an in -kind contribution to the Town of approximately $250,000. The franchise agreement ended on January 4th of 2010. The agreement provides for continuation of service on a month -to -month basis until a new agreement can be agreed upon by the Town of Vail and Comcast. At present, Comcast is the only land based television service provider in Vail. They own the infrastructure and they carry the franchise agreement, which (among other things) provides them right -of -way access for their network. While the Town is more than willing to entertain other entities in this process, there simply are no other companies who have shown interest in buying the system from Comcast. In addition, the town received multiple emails from Vail residents with complaints regarding Comcast service, as well as a letter from Channel 5 with comments and additional requests. These have been included in the council packets to be added to the town records. Janet Rinaldi, Director of Government Affairs for Comcast, and Mark Griffith, local representative from Comcast, were in attendance to answer questions. Tom Carpenter, representing the Village Center Association, said the association remodeled their building three years ago. With the advent of HDTV and Tivo, the residents wanted multiple outlets in each unit. Comcast told them they could have Town Council Meeting Minutes of October 19, 2010 Page 2 f I i i i commercial service if everyone signed up. Comcast also stated the quality of service was up to the quality of other towns such as Steamboat Springs. The agreement presented by Comcast did not have the changes agreed upon, service is intermittent, the quality is poor and he has given up trying to contact Comcast for service issues. He said the Council has an opportunity to make a deal with someone else at this time. Glenwood Springs buys cable services in bulk, makes their own deal and the city makes money. He said representatives from Comcast in Denver that had agreed to contract terms didn't have the authority to make those agreements. Rinaldi stated Comcast has entered into a partnership with CDOT so that on- demand services can be added in the next six to nine months to expand HDTV, before next summer. Rinaldi also stated that Xfinity voice and data packets will include pay per view, and the movies will come out the same day they come out on DVD. The services will also include any services offered in other areas that the town residents don't get currently. All additional services added will be comparable to other cities and will be completed before next summer. J.K. Perry from Channel 5 thanked the Council for their support and programming. He stated he sent the Council a letter and emphasized Channel 5 is important to the town's constituents. He reviewed his letter with Council and would like any new agreement to provide capital improvement funds for Channel 5, in addition to the franchise fees already funded including PEG funding. John Goode, a resident, said he was told the town would get services par to the services in Boston, and we didn't get them. Janet Rinaldi apologized and said she has taken notes and will check into the issues brought up at the meeting as well as the email issues. Rogers said Comcast service is appalling and the bad experiences expressed are not unique. Rinaldi said they are always working to improve services. New Improvements include a service window within two hours and the technicians will pre -call the customer when they are on their way. Touch point surveys are on the service person and their goal is to solve issues immediately. Cleveland said the disconnect of service is between the service representative and the telephone office personnel. The office personnel make comments that are not true. Rinaldi said Comcast has a seven point customer guarantee, in which Comcast credits the customer account if: they are late; if issues are not resolved to customer satisfaction; guarantees customer options to get issues resolved; and prioritize repeat callers. Rinaldi stated the field technicians know the seven customer guarantees; however, at this time she didn't know all of them and the customer service representatives don't know them. Rogers said she is not willing to enter into any contracts until the Council knows what the town is paying for. She wants a comparison done with what other services cities and towns have and what the town has, and to have firm dates and timelines on when upgrades will be done. She also stated there is a need for a technical service Town Council Meeting Minutes of October 19, 2010 Page 3 i s i f t 1 I audit on living up to their contract. Cleveland is not in support of signing another agreement until the audit is done by a third party. Mark Hollenbeck, with Village Center Homeowners Association, said they have service issues, poor audio, intermittent breaks, and were told the expansion of the system was supposed to happen last August, not next summer. He wants a firm and accurate date of when the upgrades will happen. He stated everything on Direct TV is high definition. He suggested the town have the fine print of the franchise agreement looked at in detail. Rogers said they could put penalties in the contract. Pete Defail, deals with Comcast on daily basis. He said the frontline personnel have been in discussion with CDOT for 5 years. He doesn't see first class service with Comcast. Stan Cope, Gemini Management, stated he would like to see the town negotiate a bulk rate as part of the contract. Michael Cacioppo said Comcast has good internet but the television service is poor. He wants public access television increased and wants that to be part of the negotiation, as well as having multiple cameras and mixers available for public television. He feels the customer service is appalling and customer service personnel need more training. Tjossem said she thinks the agreement from the Colorado Department of Transportation (CDOT) has been the holdup. She wanted to know how Aspen was able to get better services when they are so far from Denver. Rinaldi said there is a robust connection that is provided by a third party for the Aspen area and that connectivity doesn't come to Vail. Comcast will use the fiber optic in the right -of -ways that are already in existence. Ron Braden, Vail IT Director, said they have been in a competitive bid process. He stated the bulk of the fiber optics is in the ground. Braden said he doesn't know of any plans to go from Vail Pass and into town. He said fiber optic has been in Summit County for some time. Rinaldi said Comcast has access from CDOT to use the right -of -ways from Golden to Vail. The access doesn't go beyond Vail and Avon. When Comcast adds the additional 100 channels, the local channels will not be moved due to HDTV. Rinaldi said they have taken lots of notes about the issues voiced and will take them back with her to discuss with other Comcast personnel. Mire said if staff gets Council direction on guarantees, service upgrades,etc., he would ask for a motion to direct staff to get an audit done and a date to reopen the discussion. A date of January 4, 2011, was suggested. Kendra Carberry, outside counsel for the town, stated the current agreement will continue on a month -to -month basis. Foley made a motion to have an audit done and have Comcast return on January 4, 2011, the motion was seconded by Rogers. A vote was taken and passed unanimously, 5 -0. Town Council Meeting Minutes of October 19, 2010 Page 4 i j The fifth item on the agenda was a request for permission to proceed through the development review process for use of Town of Vail owned property, adjacent to the applicant's property at 232 West Meadow Drive/ Lot 7, Vail Village Filing 2, to allow an existing bridge and retaining wall, located on Tract B, Vail Lionshead Filing 2. George Ruther, Community Development Director for the Town of Vail, said on April 1, 2009, at the request of Town Council, a Request for Bids (RFB) was released by the Town of Vail. The purpose of the RFB was to solicit bids from qualified professional survey firms to provide surveying services for public stream tracts along Gore Creek and the primary tributaries in the Town of Vail. On May 19, 2009, Town Council authorized staff to proceed with the issuance of a contract in the amount of $55,000 to PLC, Inc. for the surveying of public stream tracts along Gore Creek and the primary tributaries in the Town of Vail. On October 6, 2009, the Vail Town Council directed staff to take a zero - tolerance policy with any encroachments into the stream tract. Further, the Vail Town Council instructed staff to contact owners and work out a compliance strategy for each encroachment. As a result, the applicant, Mery Lapin, was sent a letter regarding his encroachment, which resulted in multiple meetings with staff to discuss options for compliance. On August 17, 2010, at the Vail Town Council evening session, the applicant requested that his request to proceed through the process be placed on a future Vail Town Council agenda. Per the established Vail Town Council policy, staff recommends that the Vail Town Council deny the applicant's request to proceed through the development review process and directs staff to work with the applicant to ensure the removal of the subject encroachments. Rogers asked if the Town of Vail had ever granted permission for the encroachments to be on the public right -of -ways. Ruther said staff couldn't find any permits or anything that acknowledges the improvements on town property. Mery Lapin, property owner, said there was very high water flow through this area. The water was ripping away the trees on the bank and the island (about six trees). He said when Peter Burnett, a past town public works employee, saw this, he came up with the idea to add the riprap and bridge, around the 1972 to 1975 timeframe. He also stated the Trout Unlimited group did a lot of the rock placements. Riprap was built because it was eroding his property. Lapin said the town provided the logs and the bridge came off the Vail golfcourse. He said fishermen were using the bank on his property to cross over. He stated that no one can get by in high water during the summer. Lapin said he improved the bridge four to five years ago. Council asked who initially put up the bridge and Lapin said Burnett and his crew added the bridge. Donovan asked how often people access the bridge to fish. Lapin said in the summer, there can be 10 to 15 fishermen daily accessing the bridge. Town Council Meeting Minutes of October 19, 2010 Page 5 r; i i i Tjossem asked if Burnett put the bridge in, and did that mean it was implied that it was town approved and if the people who discover the bridge, does it have signage. Lapin feels it is a public amenity. Chris Burns, a neighbor, who lives at 212 Meadow Drive, (East unit), which Lapin owns, said there are up to 10 -15 people a day on busy days. He also feels the bridge is a public amenity. Lapin said there will be a lot of trees that will fall down if the bridge is removed. If the riprap is removed, the trees on the island will be destroyed due to high water and on the bank. Mire said it is not the town's responsibility if the bank is eroded. Ruther said the channel that the bridge goes over was dug in and the channel would have to go away and some form of mitigation would have to be replaced with approximately a four -foot wall. Ruther said the timbers look like they were put in place after 1975. In 2009, Council made the determination to have the stream tract for public use and to not have private property owners place improvements in the stream tract. Foley asked if the applicant was allowed to proceed, would it go to Planning and Environmental Commission (PEC). Ruther said potentially it would because the abatement may require modifications and it and would be a certainty to go before the Design Review Board (DRB). Rogers said this needs to be practical. She said if the retaining wall is protecting the stream, she doesn't want it taken down, just to put something else up. Ruther said the channel was dug in and put in purposefully. This is a high water issue and the town has done mitigation on other sites. So it's up to the Council to make a policy decision. Cacioppo said this a classic liberal vs. conservative issue. He said folks bought properties near streams, and then liberals came in and had to have riparian areas. He feels the wall should be grandfathered in. He said some people on the Council are friends of Lapin, and they will find a way to make it work for Lapin. He feels the process should be fair for everyone. Cacioppo said if Chuck Boetcher came in and built something on town land and Lapin paid for something that was not his property, he shouldn't get special treatment. Art Abplanalp, representing Jim Lamont, of the Vail Homeowners Association (VHOA), said for the record, and consistent with the principals the VHOA, urges the Council to protect open space from private entities. Abplanalp said it is up to the Council to make the decision as it's the town's property. Donovan said zero tolerance is as strong as you can get. Rogers said when the policy was made, the land was for public use not for private use and the town needs to control their own stream tract. She would like to see that we don't make the stream worse. When Council says no, the town will enforce the No. Rogers is not in support of Lapin going through the process. Foley asked what happens next if the Council denies the request. Tjossem said the public works staff go out and evaluate the bridge and walls. Rogers said public works and community development did go out to identify stream bank erosions. Ruther said there were 60 plus properties on Town Council Meeting Minutes of October 19, 2010 Page 6 I r I i the list. i Foley made a motion to deny the applicant going through the process, Rogers seconded the motion. A vote was taken and passed unanimously, 5 -0. The sixth item on the agenda was a request for permission to proceed through the development review process to remove trees on town -owned property adjacent to the Gore Creek Plaza Building. George Ruther said on April 28, 2000, Blu's Beanery was granted permission to utilize 139.3 square feet of town -owned property adjacent to the Gore Creek Plaza Building for outdoor seating. A five -year contract was granted and was subsequently extended until December 31, 2010. The applicant is requesting permission to proceed through the development review process to remove three cottonwood trees from the dining area because they are infested with aphids, causing excess residue to form and fall on the outdoor seating area and the trees have outgrown the grate area. Mark Hallenbeck, representing the property owners, said they have had problems throughout the years with the trees, including property damage. The concrete support has been broken in the area and problems with materials from the trees coming off and hitting patrons while they are dining has been witnessed. Cleveland asked if they were going to replace them with anything. Allen said Blu's wanted the trees removed. Ruther said there was some discussion about the town helping to fund the replacement. Ruther asked if the Council approves, will the homeowners pay for the removal or is the town was going to help finance the removal. Hallenbeck said he is a general contractor in town and he has estimates from R & H Mechanical and Gallegos Corporation about repairing this area. Ruther said the regulations state there will be no net loss of landscape in the Village, but this may be an exception. Ruther said if permission is granted, the applicant will need to go through the PEC process and the application for this request to remove the trees would be staff reviewed. Rogers said she is not in favor of foot -by -foot replacement of the trees. However, she likes the ambiance of the trees in the promenade and adding smaller trees would be in order. Ruther said the Council could recommend removing the trees and require the applicant add more trees in the spring of 2011. Rogers made a motion to approve the applicant to go through the process and add three small trees in the spring of 2011, at the applicant's expense. The motion was seconded by Foley. A vote was taken and was passed unanimously, 5 -0. The seventh item on the agenda was a discussion on the recent realignment of roadway striping on the South Frontage Road through the Intermountain neighborhood. Town Council Meeting Minutes of October 19, 2010 Page 7 I l i i I i i i Gregg Barrie, Public Works Senior Landscape Architect, said in May of 2010, the j Department of Public Works, in conjunction with CDOT, realigned the roadway striping on the South Frontage Road in Intermountain. The realignment project had been discussed in recent years in response to the following: 1) Numerous comments and concerns about unsafe conditions from the biking community, 2) Accepted roadway standards recommend against two -way, one -sided bike and pedestrian facilities; 3) Efforts to accommodate numerous user groups in a confined corridor; and 4) Similar alignment in place on Bighorn Road in East Vail for close to two decades. Shortly after the work was completed, neighbors raised concerns that the new alignment was less safe than the original because the south shoulder was narrowed. Additional signs and a painted crosswalk were added to encourage west- bound bikers to ride with traffic per traffic laws, thereby reducing congestion on the south shoulder. The new alignment meets or exceeds accepted roadway design standards. Because the new alignment meets or exceeds accepted roadway design standards, staff recommends no immediate changes to the new alignment. When the roadway is scheduled to be resurfaced, staff recommends minor adjustments to provide additional room on the south shoulder by reducing the north shoulder to the minimum standard. Foley asked how wide the shoulder lanes are in the Bighorn area. Barrie said the lanes were seven feet wide. Barrie stated that in Intermountain, the lanes are six feet and in other areas it's nine feet and is the accepted standard. There is 1,400 feet of guardrail and this may make it feel narrow in places. Tjossem said the size goes in and out on the north side and there may be room to make it uniform. Barrie said the pavement is not in good condition. There are sections that are seven feet wide near Stephen's Park. Sara Newsom, an Intermountain resident, said it's not about bike riders. The major concerns are that it is still narrow. She said the buses barely stay in the lanes and she says safety is a big concern. The Kinnickinick Road to the round -about is too narrow. She would like Council to reconsider the south lane and making it wider. Cleveland asked if the traffic lanes were narrowed. Barrie said they were reduced about six inches. Kay Cheney, resident of Intermountain, said she was delighted, as a bicyclist, now that they have two lanes. Rogers said it is much safer now. She said signage, such as, bikers yield to pedestrians, could be utilized and made clear that the pedestrians have the right -of -way. She is not in favor of changing the new configuration. Donovan said the bus concern has been mentioned to her and maybe they need to notify the bus drivers to be more careful and aware. Foley suggested removing some of the curb and gutter may also be considered. Greg Hall said removal is a concern as there is a retaining wall. Cleveland said this was a perception problem. Tjossem said the bikers said it has a Town Council Meeting Minutes of October 19, 2010 Page 8 i r i i better flow, and to keep listening to the pedestrians. Cleveland is in support of leaving it the way it is. Rogers asked if he was in favor of the signs. He didn't think that was an issue. No action was taken by Council. The eighth item on the agenda was First Reading of Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for ski yard signs, and setting forth details in regard thereto. Warren Campbell, Community Development Planner, said Title 11, Sign Regulations, Vail Town Code, does not address ski yard signs. Until recently, the base areas of Vail Mountain were not located within the Town of Vail. Signs associated with lift ticket booths are also not addressed within Title 11, Sign Regulations. To date, the town has worked with Vail Resorts to develop ski yard sign regulations that meet the intent of the Sign Regulations. The PEC held a work session on ski yard signage at the September 13, 2010, hearing and provided staff with comments that are detailed in Section III of the September 27, 2010, staff memorandum. On September 27, 2010, the PEC recommended approval of the proposed regulations amendments to the Vail Town Council (6 -0 -1, Cartin recused). Warren said Vail Resorts, Inc. (VRI) requested a need to keep the regulations user friendly as technology keeps changing and to provide flexibility for the mountain to change as necessary. A -frame type of signs would replace the signs that are not attractive. In ski yard sign regulations, the signs will not advertise competing signage with businesses in town. Lift lines signs may be digital and as technology changes they want to anticipate changes. Donovan wants ski rentals and ski storage added to prohibited advertising. Foley is concerned about electronic signs and content. He sees it as sales tax draining from the Town of Vail. Rogers said that's why they need to change it to include prohibition of ski rentals. Rogers made a motion to approve on first reading with changes directed staff to prohibit ski rentals and ski storage, including findings on page three of the memorandum, the motion was seconded by Tjossem. A vote was taken and the motion passed 4 -1, Foley opposed. The ninth item on the agenda was Resolution No. 25, Series of 2010, a Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Eagle County Regional Transportation Authority; and Setting Forth Details in Regard Thereto. Gregg Barrie, Public Works Senior Landscape Architect, said in April of 2010, the Department of Public Works applied for a Safety Modification Grant through the ECO Trails Committee. The grant was approved in the amount of 70% of the cost of the project up to $6,340. An I ntergovem mental Agreement (IGA) between the Town of Vail and The Eagle County Regional Transportation Authority is required for the Town Council Meeting Minutes of October 19, 2010 Page 9 9 p S 6 1 grant funds to be dispersed. Once approved, the town can invoice ECO Trails for i reimbursement of the work. Foley made a motion to approve as read, seconded by Rogers. A vote was taken and passed unanimously, 5 -0. The tenth item on the agenda was Second Reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner, said on October 5, 2010, the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2010, by a vote of 5 -2 -0 (Rogers and Tjossem opposed). Gibson asked Council to consider both the 2 nd reading and Resolution 23, Series of 2010, at the same time. He explained how staff came up with the 1.25 and 1.35 numbers and explained in detail the memorandum with Council. The ridge heights and gross residential floor area (GRFA) were the main concerns from Council from the last meeting. The Planning and Environmental Commission's (PEC) recommendation is 1.35. Council said they approved the 1.25. Gibson had charts attached to the memorandum that compared the differences between 1.25 and 1.35 ratios. Rogers asked if the buildings, under the new plan, have room to build the additional GRFA. Rogers said the Vail Row Houses don't have the land to use the GRFA. Gibson said they would have to go up and back of the property. Gibson said the current zoning allows 48 foot height limit. Rogers would like to see an addition to the ordinance regarding height requirements. Donovan asked if there was any urgency in getting this passed now. She does not feel comfortable passing this and would like to table the item. Rogers agrees. She would like to see architectural drawings of what this could look like. Tjossem said she wanted to remind the Council that the PEC went through lots of hours with this and they have recommendations that the Council should listen to and the Council moved the ratio down from 1.35 to 1.25. Rogers asked if there were any buildings that would be non - conforming if built today. Gibson said no. Rogers said the worst would be to limit potential. Tjossem said limiting the size is a significant change for the larger units. Gibson said it's a policy decision for the Council. Mire said the PEC is trying to be fair and not leave anyone out. Cleveland said the biggest concern and impact is giving a blank canvas for a redo. Gibson said there are drawbacks and one of the reasons why the owners haven't demolished the residences and start again is they lose the GRFA. The ordinances' intent is to equalize this for all the owners. Mire said the approval would take a 4 to 1 vote to pass this ordinance. Dominic Mauriello, Mauriello Planning Group, representing the applicants, stated they have been in the process for two years. They have widespread support of most Town Council Meeting Minutes of October 19, 2010 Page 10 i of the owners of these properties, with only Mr. Bridgewater against this proposal. Last time it was approved 5 -2. Foley stated for the record, he would have been more restrictive at 1.15. Mauriello said Council's 1.25 may create some angst among the property owners. He went over the presentation that he gave on October 5 He feels the 1.35 would appease all owners, except Mr. Bridgewater. He gave an analysis of comparisons of the 1.5 to 1.35 and 1.35 and 1.25 ratios of each property to show that the square footage sizes are pretty low. He gave examples of how it would look if they added the square footage per current regulations. The initial eave height limitation of 33 feet is what they are proposing. Rogers and Cleveland still have concerns about stepping the height back. Rogers doesn't want to see a wall of a building and change the character of the neighborhood. Mauriello says the DRB has impact on quality. Rogers said the bulk and mass is through PEC and the DRB doesn't look at the bulk and mass. Mauriello said there is language in the ordinance to control the bulk and mass. Donovan said can they realistically do the 48 foot scenario. Mauriello said they are happy to be tabled if they want to see more detail and information. John Dunn representing the Bridgewater's said there is an issue with the middle row and how it could be built under the current GRFA limitations. Dunn said the Bridgewater's are not against the general concept; however, they have a problem of the history of how they got here and they want to keep the character of the neighborhood. Dunn said in 2009, there was an SDD application for Lots 9 and 10 and a set of plans were available for inspection. The application showed a building of four stories next to a 2 -1/2 story building and there was a common wall between them. The application was not approved by Council at that time. Dunn said they want to know what the goal of the applicant is and what is the appropriate GRFA. The Bridgewaters are not sure what they will see once it is built. They asked if the 1.25 would protect them and would it protect the character of the neighborhood. An August 9 staff memo said each project would be approved on a project by project basis so the town wouldn't end up with something being built that is completely out of character with neighbors. Trying to look at unintended consequences now is in order. Mark Donaldson, Architect, and working with Dunn, was looking at the possible scenarios. Mr. Bridgewater is intent on keeping the character of the neighborhood. The good parts of the ordinance and resolution are creating the additional zone district that is appropriate to this neighborhood with little or no change to standard definitions and simplification of GRFA formulas. Donaldson said there were three objectives: simplifying the review process; preserving the majority of existing development rights; and conserving and enhancing the current eave height. He went over the formulas and said there is a good safety factor with 1.25. The eave height of 33 to 35 foot allows for more height than they were comfortable with. He recommends a 28 foot eave height which still allows for a third story. In reducing the eave height and maximum building height of Town Council Meeting Minutes of October 19, 2010 Page 11 ! 9 e E i I i 35 feet, the new allowable GRFA with basement credits could generally be easily reached and 75 % buried within the lot and would be appropriate to preserve the neighborhood character. Some people would see this as a taking, but it could be mitigated with lower building heights. If you add a 4 th floor, the character changes and adds more people. Some structural engineers said shedding snow may be an issue and snow loads would need to be managed. Party wall agreements may not cover these issues. The object of preserving the character of neighborhoods, the town needs to be careful. The 1.15 to 1.25 ratio more than preserves the development rights and 25 feet to 28 feet on the south elevation would be appropriate. Mauriello stated the 35 foot height on the north side hasn't been an issue. The problem with reducing to the 25 foot height and 35 foot height is no one would zone their property. People will perceive they are losing something. Mauriello suggested tabling this item due to lack of a full board and it will give them time to come back with other suggestions. Rogers said it was a good idea to table and would like to see in the ordinance, a requirement regarding stepping of the units, if they are stepped back. Gibson said the High Density Multi Family (HDMF) zoning didn't take the townhomes into consideration which makes them nonconforming. The ordinance crafted is close. Donaldson said the 45 foot building height is only in CCI, CCII, and CCIII and the they want a more medium density, and the height in the rear of the property could be higher. Tjossem asked what changed from first and second reading. Rogers said seeing what it looked like was a great change and what it will take to maintain the character of the neighborhood. If the character changes, she is not in favor of approving this ordinance. Cleveland said photographs with the heights on it made a huge difference, and it was clear that mandatory step back and eave heights closer to 2- 1/2 stories instead of 3 -1/2 stories is necessary. Foley made a motion to table this item to the December 7, 2010, meeting; seconded by Rogers. A vote was taken and the motion was approved by a vote of 4 -1; with Tjossem opposed. The eleventh item on the agenda was Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner, said on October 5, 2010, the Vail Town Council tabled the final decision on Resolution 23, Series of 2010, to coincide with the second reading of the related Ordinance No. 15, Series of 2010. As the ordinance was tabled, he requested this item be tabled to be heard with the second reading of the related Town Council Meeting Minutes of October 19, 2010 Page 12 i i r I i Ordinance No. 15, Series of 2010. Foley made a motion to table Resolution 23, Series of 2010 to the December 7, 2010 meeting; the motion was seconded by Rogers, a vote was taken and passed unanimously, 5 -0. The twelfth item on the agenda was Adjournment. Foley made motion to adjourn, seconded by Donovan, and passed unanimously, 5 -0. The meeting adjourned at 10:00 p.m. Respectfully submitted, /T Richard D. Cleveland, Mayor Attest: N• op L l SEAL . Lorelei Donaldson, Town Clerk tORA , Town Council Meeting Minutes of October 19, 2010 Page 13 i Vail Town Council Meeting Minutes Tuesday, November 2, 2010 6:00 P.M. Vail Town Council Chambers E 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 Kerry Donovan Kim Newbury Margaret Rogers Susie Tjossem Members Absent: Andy Daly 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. Axel Wilhelmson, Vail property owner and business owner, stated he would like the Council to review the possibility of the Council reviewing and expanding the use of the cameras in Vail. He said someone broke into his retail store ten days ago and he would like the security cameras to be in use for the public's wellbeing. He said he has a petition with approximately 100 signatures on it from citizens that would like the cameras to be used for security purposes. Cleveland stated the Council will revisit the Council's decision to not use the cameras for anything but loading and delivery. All five council members present raised their hands to revisit their decision at a later date. The second item on the agenda was the Town Manager's Report. Kathleen Halloran, Budget Manager, reviewed the revenue update with the Town Council. Judy Camp, Finance Director, updated the Council on the Vail Reinvestment Authority (VRA) Bonds. She said the VRA will issue $11, 940,000 million dollars in tax revenue bonds sold at a premium for redevelopment of the Lionshead projects as previously discussed. She said all the bonds received an A3 rating, which is an upper medium grade and the overall interest rate is 4.2% including all costs. Camp thanked Sherman and Howard, Piper Jaffray and U.S. Bank personnel for all their help during this process. Rogers thanked Camp and all other entities involved for their work on the project. k I p. Vail Town Council Meeting Minutes November 2, 2010 1 The third item on the agenda was first reading of Ordinance No. 17, Series of 2010 regarding the 2011 Town of Vail Budget. Kathleen Halloran reviewed the 2011 town budget with the Town Council. She said the budget is $59.7 million for the 2011 budget year. She said $35,000 for the West Vail fire station staffing is out of the budget and was the only change from October 19, 2010, council meeting. Halloran said the bridge reconstruction is for new road and bridge projects. Tjossem discussed increasing funding for the Jazz Foundation and discussed the Commission on Special Events (CSE) funding. Tjossem recommended the Jazz Foundation receive funding of $45,000. She stated special events are an important economic engine for Vail and they help stimulate the economy. Mia Vlaar, representing the Jazz Foundation, said they have a 2011 budget that includes an additional five concerts in July. She said if the town granted the Jazz Foundation an additional $20,000, the foundation has a donor that would match the donation up to $20,000. The matching donation is not for the original $30,000 that the town funded. The foundation needs $66,750.00 to extend and add the additional five concerts in July. Bill Suarez, representing Billy's Island Grill and the Vail Chamber and Business Association, said the Thursday evening jazz concerts boosts the Lionshead area economy tremendously. Rob LeVine, representing the Antlers in Lionshead, stated the jazz festival is an event that is consistent and is a good use of special event dollars for the Lionshead area. Jim Lamont, representing the Vail Homeowner's Association, stated the image of this endeavor brings a world class event into Vail Vlaar stated concerts would be added on June 30 and July 4th, plus 10 free concerts in 5 weeks will be added with 2 free concerts on Labor Day weekend. Newbury said she would like to take the $20,000 out of the Marketing Fund (collected from the business license fees) fund balance for the CSE. Cleveland said the fund is for projects like this. Rogers stated this is a small amount for this particular event. Tjossem made a motion to approve on first reading, Ordinance No. 17, Series of 2010, for the 2011 budget with an amendment to increase the funding for the Vail Jazz Foundation by $20,000 from the Marketing Fund surplus for a Town of Vail total contribution at $50,000. Rogers seconded the motion. Additional discussion was held regarding adding an additional $100,000 for special events. Newbury said the town earmarked money for the Quizno's pro - cycling event totaling $175,000. Donovan said part of the CSE goal is to get all the special event applications at one time and she is concerned an additional process would be created if additional funds were earmarked separately from the CSE funds. Jen Bruno, a member of the CSE, said if the town is going to set aside funds, then the Council should give back more money to the CSE.' t Rogers made a motion to add $100,000 to the CSE fund account. She feels the CSE has been underfunded and is comfortable with the finance department projections. Vail Town Council Meeting Minutes November 2, 2010 2 Adam Sutner, representing Vail Resorts (VRI), said VRI has upped their investment in Vail for special events. Rich Ten Braak, of the VCBA, stated the more money given to the CSE the better. There is not one event that is a silver bullet but it helps all across the board. Tjossem amended her motion to add $100,000 to the CSE budget, seconded by Rogers. Donovan said she was on the CSE and she is not comfortable adding $100,000 without knowing the impacts. Halloran said she is concerned about the sustainability of this funding level in future years. Zemler said he wants clarification that this is a one time infusion of funds. Donovan is concerned that second year events may be an issue. Tjossem said there are other conversations out there and the sponsorship atmosphere has to improve. Cleveland said originally seed money for events was proposed and then the events would be self sustaining. Cleveland said he will not support adding another $100,000 to the CSE without having a discussion on how they fund events. Tjossem said the CSE has a score card on evaluating each event. Newbury is not comfortable amending the budget by $100,000 to fund the CSE. She said she can't support the proposal tonight and it's premature. Cleveland said they should set aside the $75,000 separately for the bike race. Tjossem said she will remove the original motion and Rogers also removed her motion seconding the original motion. Cleveland stated he would like all council members present to vote on this. Zemler said the staff could look at the 2010 budget to potentially fund $75,000 from surplus in the General Fund. Tjossem made a motion to pass Ordinance No. 17, Series of 2010 on first reading, adding $20,000 to the budget for the Jazz Foundation. The motion was seconded by Rogers. A vote was taken and the motion passed 5 -0. The fourth item on the agenda was Resolution No. 26, Series 2010, a resolution approving a budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District (VLMD), for its fiscal year January 1, 2011 through December 31, 2011. Kathleen Halloran stated the VLMD 2011 Operating Plan was presented to Council and approved on September 21, 2010. She said staff recommends Council approve Resolution No. 26, Series 2010; approving the submitted budget and appropriating $1,999,750 for marketing related expenditures beginning on the first day of January, 2011 and ending on the 31st day of December, 2011. She said $100,000 is included in the budget for the Quizno's bike race. } Newbury made a motion to approve Resolution No. 26, Series of 2010. The motion was seconded by Rogers. A vote was taken and the motion passed 5 -0. The fifth item on the agenda was Ordinance No. 19, Series of 2010, an Emergency` Vail Town Council Meeting Minutes November 2, 2010 3 Ordinance amending Title 14, Development Standards, Chapter 10, Design Review Standards and Guidelines, Section 5 Building Materials and Design, establishing an administrative procedure allowing the administrator to approve an otherwise prohibited design standard upon determination of an eminent peril to life or property and amending the criteria for review of non - conforming roof covering materials; setting forth details in regard thereto and declaring an emergency. George Ruther, Community Development Director, stated on October 19, 2010, the Vail Town Council instructed staff to prepare an emergency ordinance proposing amendments to certain provisions of the adopted Development Standards to provide greater flexibility and the administration of Section 5, Building Materials and Design, Title 14, Vail Town Code and allow case -by -case review of design review applications for structures in town with nonconforming roof covering materials. He reviewed the ordinance and clarified changes to Council. He said there remains a prohibition on changing roof materials on commonly connected properties. The ordinance identifies issues that may make a hardship on property owners who can't comply. The ordinance still requires uniform roof coverings. Rogers asked if the administrator would be the Community Development Director or other planners. Matt Mire said any decision by the administrator can be appealed to the Planning and Environmental Commission (PEC) and the Town Council. Mire stated a neighbor could have standing but the Council would have to determine who has standing. Rogers said the problem is that if you have to appeal this, and staff says no, and it takes 3-4 weeks to get to PEC and then another 3-4 weeks in front of Council, and then it isn't extenuating circumstances. Ruther said any decision staff makes could be appealed. Cleveland says it needs to be an emergency and wants the language to stay same to be consistent across the code. Rogers had another concern regarding nonconforming roof coverage materials. Ruther said the ordinance only applies to shake roofs and wants to keep roofs looking like they match and to limit replacement to imitation roof shake. Ruther said they are seeing the synthetic products coming and going very quickly. Cleveland said he would be comfortable allowing the same roof materials to be replaced and sunset this ordinance to November 30, 2011; to revisit in a year to review consequences. Jen Bruno, owner of the roof in question, said the neighbors and her husband have agreed and approved an asphalt roof. She said the synthetic roof shake would be a financial burden on the homeowners. Rogers asked the fire chief his opinion on shake roofs. Chief Mark Miller said he doesn't support shake roofs. Miller supports the decision the Council made to stay away from wood shake shingles. Ruther said staff thinks asphalt shingles will match better. Another option is to keep working on it. It would still allow for the current owner to move forward.' Vail Town Council Meeting Minutes November 2, 2010 4 Cleveland said the ordinance needs to apply to everyone. Donovan said this issue came up with solar panels. Rogers made a motion to approve the emergency ordinance with modifications to include a provision that the ordinance shall sunset six months from the date it becomes effective. The motion was seconded by Newbury. Ruther asked if staff should continue to pursue options. Ruther said it comes down to the written assurance that the other half of the property will come in and change their roof which would be done in a finite amount of time. Staff would like a binding agreement so staff and the town can have a document to fall back on and have the ability to add an additional layer of surety. He said both parties would sign an agreement and this ordinance is needed for non - conforming issues. By getting the adjacent property owners to sign an agreement, they will conform within a time frame. Ruther said the staff recommendation was to deny this ordinance. A vote was taken, Rogers and Tjossem vote to pass the ordinance; Cleveland, Donovan and Newbury opposed, the motion failed, 2 -3. A 5 minute break was taken. The sixth 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 (PEC) approval of a request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract E, Vail Village Filing 7, and setting forth details in regard thereto. Bill Gibson, Planner, stated on September 27, 2010 the PEC approved a request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract E, Vail Village Filing 7, and setting forth details in regard thereto. On October 13, 2010 the appellants Susan P. Johnson and Vail Mortgage Trust, represented by Sherman & Howard LLC, filed an appeal of the PEC decision on October 25, 2010. Staff received a phone call from the appellants' representative Jim Wear, Sherman & Howard LLC, requesting that the Vail Town Council table this appeal to a future hearing to allow the appellants additional time to obtain information about lightning shelters at other golf courses. Mire explained the appellant has the last word. Jim Wear with Sherman and Howard, representing Susan P. Johnson and Vail P 9 Mortgage Trust, stated the shelter is too close to the Johnson home, and is within 50 feet of their backyard which diminishes the value of their house. The staff and PEC could mitigate this issue and move the site of the shelter. The appellant suggests Vail Town Council Meeting Minutes November 2, 2010 5 moving the shelter to the tee box of Hole Number 4 of the Vail golf course. The appellant would be willing to pay the costs of relocating and landscaping the relocation of the shelter. Rogers asked if the appellant's position is to not have any shelters at all or at this particular site. Jim Wear said if the shelters are constructed with the materials of what is recommended now, then they should not have them at all, but the primary concern is where this particular shelter is currently located. Gibson said the PEC did not hear or discuss the consideration of the safety of the shelter. Cleveland asked why the proximity was negative. Wear said the shelter is right outside their back yard, and impedes their privacy and enjoyment of their property. He said there isn't a lightning shelter this close to any other property in Eagle County. Ned Gwathmey, a local architect, said he designed the Johnson house and the house next door. He said staff has been cooperative in mitigating issues and if the shelter is necessary, he would like it moved eight feet. He said the footprint is 16 feet by 16 feet with no closed walls. Rogers asked if the Johnsons' had requested the walls be taken off and if the relocation would impact other homeowners. Wear said "yes" but the impact would not be as much as the Johnsons. , Bill Gibson stated all the criteria were in the attached PEC memorandum. David Viele, a board member from the PEC, stated he was the dissenting vote. He said the number four green is a separate application and separate review process from the number three green. Tjossem asked Viele why he voted against it. He said primarily because the homeowners bought their property with open space next to their property with the expectation that it would stay open space. Secondly, an opportunity existed to have the owners and the Vail Recreation District mitigate the issue and possibly moving the shelter to another site. Rogers said the Council's role is to determine if the PEC properly applied the code. Viele said there is some discretion that the PEC can use. Newbury said the shelter was a conditional use. Viele said there was an expectation that the view would stay open space. Rogers asked Cartin if the setback violated any code requirements. Cartin said this seemed to follow the code as prescribed. Per the town code there is no black and white and PEC could make a decision. Jim Wear said the criteria affects surrounding properties and didn't take into account how it affected this particular property. Tjossem stated there was a lot of subjectivity and grey area. She said on the site visit` the shelter was too close to the house and was an undue burden on this homeowner. Rogers said her concern sitting as the appellate board, is whether or not the PEC applied the code properly. There is no citation of a violation of the code. Mire said the appellant can appeal to district court. Tjossem said she would feel better by asking this item be sent back to the PEC. Cleveland asked if the applicant has to have more than one location to consider. Wear said yes. VRD is looking for the best decision for the town. r i Vail Town Council Meeting Minutes November 2, 2010 6 i Rogers doesn't see any reason to not uphold the PEC decision. Joe Hanlon with the VRD wants to be a ood steward of ' the e town s interest and wants to work with the appellant. Mire said they could table and have the parties work on the issue and still retain the right to make a decision. Jim Wear said his clients would be willing to work on solutions with the VRD. Scott O'Connell, with the VRD, said the VRD would have to go through the PEC process again if the shelter is moved to another site. Rogers said she was in favor of tabling this item so the parties could work it out. Ruther asked for a continuance to the December 21, 2010, meeting. Newbury made a motion to continue this item to the December 21, 2010 meeting. The motion was seconded by Rogers; a vote was taken and passed 5 -0. The seventh item on the agenda was a request for permission to proceed through the development review process to utilize Town -owned land located in the West Vail, Stephens Park area for the purposes of a community garden project. Megan McDonald, Vail Community Garden Committee, the Community Garden concept gained new interest in 2010 when town staff published a request for interested parties in the Vail Daily and received over 30 responses from citizens who support the project. Of this group, the West Vail Community Garden Planning Committee was formed. The Committee is requesting permission to proceed through the development review process to obtain a conditional use permit for the garden as an active outdoor recreation area pursuant to Section 12 -16 -1, Conditional Use Permits Purpose; Limitations, Vail Town Code. Outdoor recreational activities are defined in Section 12 -2 -2, Definitions, Enumerated, as activities "which involve organized or structured recreation that is associated with recreational facilities, excluding buildings." McDonald stated the committee wanted Council approval for the partnership to use the land and the town would supply the water to the property. She said the community garden members would do everything else. Donovan said concerns are $2,300 dollars to get water which was supplied by town staff and asphalt millings and mulch are in kind services and there was no mention made for elk or deer fencing. McDonald said they want it to be simple and cost effective. The community garden would have perimeter plants that deter the pests without fencing. Donovan said guidelines need to be airtight on what's allowed, from crops to materials. She also asked if there would be funding in place if the community garden is not supported in future years to get it back to its original state. Newbury suggested Donovan should be part of the community garden process. Nick Courtens, an Intermountain resident, said he really wants to see the garden in his neighborhood. Ann Saten, a 17 year resident, said this will be a great thing for the community. Vail Town Council Meeting Minutes November 2, 2010 7 Newbury � ry a motion to allow permission of the applicant to proceed through the development review process; the motion was seconded by Donovan. A vote was taken and passed 5 -0. The eighth item on the agenda was Second Reading of Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, establishing regulations for ski base area signs, and setting forth details in regard thereto. Warren Campbell, planner, stated on October 19, 2010, the Vail Town Council approved, with modifications, the first reading of Ordinance No. 16, Series of 2010, by a vote of 4 -1 -0 (Foley opposed). The Community Development Department recommends the Vail Town Council approves Ordinance No. 16, Series of 2010, upon second reading. He said staff has done a more critical review and made changes to the ordinance. The purpose was to clear up vagueness, provide consistent language, and to make changes. Working with partners, including Vail Resorts, Inc. (VRI), the overall intent was to create clear process. Rogers made a motion to approve on second reading, Ordinance No. 16, Series of 2010; the motion was seconded by Tjossem. Jeff Baab, from VRI, thanked Council for taking time to review this ordinance and commended the town staff for spearheading the discussion on taking ski yard signage to fruition. He said in the long run, this will streamline the process. He said this was indicative of the collaborative efforts of town staff in getting this done. He thanked the Council for their support and time. A vote was taken, and the motion passed, 5 -0. The ninth item on the agenda was Resolution No. 27, 2010, a resolution approving an intergovernmental agreement between the Town of Vail and the County of Eagle regarding recycle drop off site; and setting forth details in regard thereto. George Ruther, Community Development Director, said the Town of Vail Community Development Department is operating and maintaining a community recycling drop off site in the municipal parking lot located west of the Community Development Department building. The town is contracted with Waste Management, Inc.; to provide material haul off, site maintenance, and public education services. Eagle County, the operator of the regional materials recycling facility (MRF) has agreed to fund annual haul off services. Pursuant to the Agreement, the County will reimburse the town $190 for each container hauled to the MRF. If approved, the County's financial assistance will save the town approximately $34,000 annually through the town's participation pursuant to the Agreement, i Vail Town Council Meeting Minutes November 2, 2010 8 Ruther said staff recommends the Vail Town Council approve Resolution No. 27, Series of 2010 as read. If approved, the Eagle County Board of County Commissioners will consider the Agreement at their November 9, 2010, meeting. Newbury made a motion to approve with the correction of the sixth "whereas" and deleting the animal control item; the motion was seconded by Tjossem. A vote was taken and passed 5 -0. The tenth item was a Town Council "Call -Up ", pursuant to Section 12- 3 -3(C) Vail Town Code (the "Code "), of the Planning and Environmental Commission (the "PEC ") decision of September 27, 2010, affirming staffs interpretation regarding the ability of a property owner to establish a development site comprised of multiple lots of record and the process required, if any, by the Code. Matt Mire, Town Attorney, in response to a request by a resident, on September 27, 2010 the Town's Zoning Administrator issued a letter pursuant to Section 12- 3 -3(A) of the Code explaining what he believed to be the Town's process for combining two lots in a residential subdivision to create one "Lot or Site" as defined by 12 -2 -2 of the Code. Subsequently, on September 27, 2010, at the request of the Administrator, the PEC considered the issues addressed in the Administrator's letter. At the hearing, the PEC Commissioners expressed legitimate concerns with regard to the Administrator's findings and determination, as well as with the lack of clear direction provided by the Code. In addition, the PEC requested that the Town Attorney continue to research the issues involved. Ultimately, however, and based largely upon staffs recommendation, the PEC did vote to "affirm staffs administrative determination." After the PEC hearing, the Administrator discovered a relevant section of the Code which was not considered in his initial letter and which was not presented to the PEC. The Town Council called his item up at their regular meeting on October 5, 2010. Mire said this item was called up because of a procedural issue. He said what Mery Lapin is proposing doesn't meet the definition of subdivision. Mire said the Council didn't have all the information before them. He said this is a legal and administrative issue and not a Council issue. Rogers made a motion to overturn the PEC decision, and directed staff to make a process that applies; the motion was seconded by Newbury. A vote was taken and the motion passed 5 -0. The eleventh item on the agenda was adjournment. Tjossem made a motion to adjourn, and was the motion was seconded by Donovan. A vote was taken and the motion passed 5 -0. The meeting adjourned at 9:25 p.m. l Vail Town Council Meeting Minutes November 2, 2010 9 f Respectfully submitted, Richard D. Cleveland, Mayor Attest: 4 A SEAL, Lorelei Donaldson, Town Clerk ; f{ Vail Town Council Meeting Minutes November 2, 2010 10 Vail Town Council Meeting Minutes Tuesday, November 16, 2010 7:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 7:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem 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, with the Vail Chamber and Business Association (VCBA), said he would like the Council to discuss the possibility of consolidating the Vail Economic Advisory Council (VEAC), Vail Local Marketing District (VLMD) and Commission on Special Events (CSE) funding next year. He would also like to have Council collaborate with the VCBA on how to spend some of the surplus money the town may have in 2011. Scott Bluhm, with the Vail Valley Foundation (VVF); said the VVF is in process with the Community Development Department to upgrade and change the sign at the Vail Roundabout with 2015 Championship information. Jim Lamont, with the Vail Homeowners Association, asked when the Art in Public Places item will be heard this evening. Cleveland said under the budget discussion. The second item on the agenda was the Town Manager's Report. There was nothing to report. The third item on the agenda was the Consent Agenda and approval of the October 5, 2010 and October 19, 2010 meeting minutes. Rogers made a motion to approve the October 5, 2010, and October 19, 2010, meeting minutes; the motion was seconded by Foley. A vote was taken and passed 7 -0. Town Council Meeting Minutes of November 16, 2010 Page 1 The fourth item on the agenda was a presentation on the fiscal and economic impacts of the proposed Ever Vail project. Cleveland said the Ever Vail project has been postponed and rescheduled to the December 7, 2010, Town Council meeting due to adverse weather conditions. The fifth item on the agenda was first reading of Ordinance No. 18, Series 2010, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and the Debt Service Fund of the 2010 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Kathleen Halloran, Manager of Budgets and Financial Reporting, said the ordinance will adjust the 2010 budget per the memorandum. Daly pointed out there is a correction that needs to be made under the police line item that is a duplication. Halloran said she will correct prior to second reading. Daly made a motion to approve on first reading Ordinance No. 18, Series of 2010, and the motion was seconded by Newbury. A vote was taken and the motion passed 7 -0. The sixth item on the agenda was Second reading of the 2011 Budget Ordinance No. 17, Series 2010. Kathleen Halloran said the budget was adjusted by $20,000 to include the Vail Jazz foundation additional funding. She said the totals did not include the $75,000 for the Quizno's bike race and the $95,000 for relocation of the Moroles art sculpture. She said the Council will have to add those funds in if they want to approve them. Lamont with the Vail Homeowners Association (VHOA) said he has an issue with the review process about locating a piece of art in Ford Park. Ruther said staff tries to keep art out of the Design Review Board (DRB) process and this item will be part of the Art in Public Places (AIPP) review process. He said there is a management plan for Ford Park and the Town Council review should be final review. Lamont stated he sees a conflict of interest as the town is owner of the art work and is also the review board. He said there is a need for a public review process for neighboring properties so there is a more participatory process for art work. He has a fiscal issue as well. He said there are other vendors and institutions that may also qualify for Real Estate Transfer Tax (RETT) funds as well. He said there is a proposal out there proposing certain uses for the same site at Ford Park as the art work proposed. The VHOA is requesting a comprehensive master plan for Ford Park as incremental items like this will change the whole plan for Ford Park. He said an analysis of a new master plan and other changes need to be addressed. He said other organizational relationships need to be considered Town Council Meeting Minutes of November 16, 2010 Page 2 as well, such as the Nature Center and Alpine Garden. He requested that before the town starts making any permanent improvements, the town should revisit the master plan. He also wants the Council to have a discussion on how AIPP manages AIPP funds. Cleveland stopped Lamont at this point and reminded him this was a budget discussion. Lamont said this lends itself to the budget as funding for this placement could affect the budget and he doesn't want this hidden in the budget. Cleveland asked if he is representing the VHOA and Lamont said yes. Cleveland asked what other organizations Lamont represents. Lamont said he doesn't represent any other organizations. Newbury said the funding of $75,000 for the Pro - Challenge Cycling Race should come from the General Fund and not the CSE funding. She said $100,000 will come out of the VLMD funding and $75,000 should come from the general fund. Cleveland said he supports having the $75,000 out of the CSE funding. A show of hands from the Council showed everyone, except Cleveland, supported taking the $75,000 out of the general fund surplus and not CSE. Rogers said there were misconceptions about the $95,000 being requested out of the RETT funds. She said the RETT funding requirements are very limited and this item qualifies. She said the budgeting in Vail is very conservative and there is money in RETT for this art piece. Rogers made a motion to approve on second reading, Ordinance No. 17, Series of 2010, for the 2011 Budget with the addition of $75,000 for the Pro - Challenge Cycling Race out of the surplus general fund and $95,000, taken from the RETT fund for relocation of the Morales art piece. The motion was seconded by Newbury. Further discussion was held. Daly has an issue with the money for the Ford Park Master Plan, and said it is premature. Foley said the 39% rate for full -time employee benefits is not fiscally responsible. A vote was taken, and the motion passed 5 -2, Daly and Foley opposed. The seventh item on the agenda was first reading of Ordinance No. 20, Series 2010, Mill Levy Certification. Kathleen Halloran said assessments must be certified to the County for collection annually and this ordinance authorizes certification. Staff requested the Council approve Ordinance No. 20, Series 2010, on first reading. Newbury made a motion to pass first reading of Ordinance No. 20, Series of 2010, and was seconded by Rogers. A vote was taken and the motion passed, 7 -0. The eighth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of an administrative action, affirmed by the Town of Vail Planning and Environmental Commission, approving a request for a minor amendment to Special Development District No. 6, Village Inn Plaza, pursuant to Section 12- 9A -10, Town Council Meeting Minutes of November 16, 2010 Page 3 Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to increase site coverage and reduce the side setback (east side) to facilitate an expanded chimney for a new restaurant, located at 100 East Meadow Drive, Unit 602/ Lot 0, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Rachel Dimond, planner, said on June 9, 2010, a minor amendment to SDD No. 6, Village Inn Plaza, was administratively approved and upheld at the June 28, 2010, PEC hearing. The minor amendments included expansion to site coverage and a reduction in the side setback to accommodate a new hibachi restaurant. On September 23, 2010, a second minor amendment was administratively approved and upheld at the October 11, 2010, PEC hearing. The amendment included further increase to site coverage and a reduction in the side setback to allow for the addition of access ladders to the approved chimney chases to meet building code requirements for access and maintenance of rooftop mechanical equipment. Staff requested the Council uphold, overturn, or modify the approval of the minor amendment to Special Development District No. 6. Mire stated that the appellant has the burden of proof. Michael Suman, representative of Solaris, said Solaris is in support of the new restaurant; however, they are concerned about the smoke and smell coming from the currently proposed filtering system. Suman stated Solaris is not supportive of the current exhaust system. He said the applicant's system does not address smoke and smell, just grease. The size is not an issue and they would support additional site coverage if they will use a system that addresses smell and smoke. Solaris is concerned about these issues and wants the exhaust system done right. He stated that when Crossroads was torn down and Solaris was built, they did exhaust mitigation on this site and want this applicant to do the same. Solaris representatives met with the owners of the Vail Village Inn (VVI) and Community Development Environmental Health Officer, Bill Carlson. He said Carlson said their concerns with smell and smoke is legitimate. He also stated Solaris let the applicant continue to do construction through the appeal process. Suman asked the Council to uphold the approval and not only the grease filters be installed but the smoke and smell filtration system be installed and regular maintenance schedules be maintained. Rogers asked if they were willing to share the cost. Cleveland asked where the PEC erred in approving the staff approval. He said there was nothing in the criteria that called out specifically to have the smell and smoke filters in place. Ruther said the criteria was on site coverage and there was not a distinction regarding restaurants versus other uses. This was not a variance or conditional use for the basis on which this can be appealed. Ruther said the Council has to base their decision on whether the PEC erred in the nine criteria items in approving the project. Cleveland is concerned the Council is asked to decide on something that isn't addressed at PEC. He said there is nothing in the criteria which the PEC approved that was not Town Council Meeting Minutes of November 16, 2010 Page 4 i i addressed. Mire said there are criteria the Council can use and the PEC looked at the same criteria. Jonathan Staufer, representing the WI, Inc., stated Solaris is addressing an issue that hasn't even occurred yet. He said the owner, Rick Woo, has tried to address the issues from Solaris by using filters that are nine times the cost of regular filters. He has looked at removing the chimney and relocating, but that couldn't happen. He said this project is in compliance with all applicable zoning and building codes. Rogers asked about the three chimneys in use and why the kitchen vent couldn't be vented to either the south or north chimney. Staufer said the amount of square footage needed isn't there. Rick Woo, owner of the restaurant, said they tried to reroute the kitchen exhaust to the south side but they can't meet the slope requirement. He said they made an effort to correct and change the filter with a filter that is a high efficiency solar filter and cost nine times more than regular filters. He said each filter costs $180 each, or around $5,000 (25 filters are needed). He said this project was approved 2 -1/2 months ago by the PEC and Community Development. He stated there are mixed uses in many buildings in Vail that include restaurant, retail and condominiums. Sushi Oka has three areas of exhaust which are 112 feet to the west, 110 feet to the south, and 40 feet on the east side away from the Solaris condominiums. He said there shouldn't be a problem between Solaris and the east side of the restaurant as there are many trees that make a natural barrier. He stated the alley between Solaris and VVI has the wind to take the smoke and smell to Meadow Drive. He said Japanese kitchens burn very clean. He said he and his wife were in front of Solaris, and they could smell cooking scents from one of the Solaris kitchens from the street. He asked if this is the trend where restaurant smells become an issue, everyone will go elsewhere. He said they were asked to do more than what is required by existing codes and laws and all the businesses should be treated equally and fair. All restaurants should be required to add the system if they were asked to do so. Rogers asked Mire if Council was the right forum for this issue. Mire said the bottom line is Council is not the final deciding vote of building codes and approved plans. Rogers asked Mire if there is a remedy if a noxious odor does occur. Mire said the town could use the nuisance section of the code to address this issue. Suman asked if there was a place for public comment. Stan Cope, Gemini Management, managing agent of Solaris Condominium Association, is strongly objecting to the closeness of the exhaust system to Solaris to the east side of the restaurant. If the variance is approved, he requests a condition to approval that filters are inspected annually. His client wants the restaurant to happen but wants everything to be done to the best interests of the neighborhood. Lamont said he has many residents that have an interest and if there is a deficiency in the code then the code should be modified. Town Council Meeting Minutes of November 16, 2010 Page 5 Mire said if the town has qualitative issues there is the nuisance code and submits the town has the ability to retroactively address future issues. He stated in the immediate neighborhood, there is a vendor that has an open BBQ in summer and has never heard any complaint coming from the town's constituency about the odor. Ruther said the Solaris site doesn't have any encroachments in the west setbacks. Newbury stated she wanted to be clear that the Council is not ruling on a use but ruling on whether the encroachment was utilized properly. She asked if the smoke and smell was considered in the approval. Ruther said yes, as the Market Place on Meadow Drive uses two BBQ grills in the summer and it was considered in the staff analysis. Newbury made a motion to uphold the PEC decision based on the findings in the memorandum; the motion was seconded by Foley. The appellant has not supported the burden of proof and the Council doesn't find any clear error by the PEC. Rogers stated that other remedies can be sought if there is a problem. A vote was taken and the motion passed, 7 -0. The ninth item on the agenda was Resolution No. 28, Series of 2010, a Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Matterhorn Bridge Replacement; and Setting Forth Details in Regard Thereto. Greg Hall said the town has been awarded a federal grant for the replacement of the Matterhorn Bridge which is shown in the bridge inspection reports as structurally deficient. At a total project cost of $1,035,000, the bridge grant award total is 80% of the project total or $828,000. The town is responsible for a 20% local match of the total estimated project costs. This Intergovernmental Agreement (IGA) is for the design phase of the project. Staff has requested the Council approve the IGA, and authorize the Town Manager to sign and enter into the IGA with CDOT. Newbury made a motion to approve Resolution No. 28, Series of 2010; the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7 -0. The tenth item on the agenda was adjournment. Foley made a motion to adjourn, the motion was seconded by Tjossem; passed unanimously, 7 -0. The meeting adjourned at 7:35 p.m. R 7 �ectfIly submitted, A- Richard d, Mayor L i onaldson, Town Clerk SEA r e Town Council Meeting Minutes of November 16, 2010 Page 6 Vail Town Council Meeting Minutes Tuesday, December 7, 2010 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kevin Foley Kerry Donovan Kim Newbury Margaret Rogers Susie Tjossem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk The first item on the agenda was Citizen Participation. Danny Padnick, resident of Vail, said he read in the Vail Daily that Council had banned Medical Marijuana. He said Teak Simonton shared the results of the last election, precinct by precinct, which was in favor of having medical marijuana and 62% of the Vail voters were in favor of it. He passed out results of the Eagle County election results from November 2, 2010; with the Town Council. He asked the Council to reconsider the resolution they passed in July. Jerry Olson, previous resident, offered himself as a resource on medical marijuana issues if the Council wants more information on the subject. Jim Lamont, Vail Homeowners Association (VHOA), invited the Council to attend the VHOA annual meeting on December 29, 2010 from 4 p.m. to 6 p.m. in the Town Council Chambers. Michael Cacioppo asked about the status of the Comcast franchise agreement and asked the Council to get additional cameras, switchers and other equipment necessary to bring their system up to speed in Vail. Cleveland stated a third party has been hired to do an audit of the Comcast system. The second item on the agenda was the Town Manager's Report. Kathleen Halloran, Budget Manager, reviewed the revenue update memorandum that was included in the Council packet for November 2010. Judy Camp, Finance Director, gave an update on the budget for Timber Ridge for 2011. Camp said the 2011 budget is cash positive. Daly asked why the rent figure dropped 44 %. Camp said the drop was due to fewer units being master leased. In response to a question from Daly, Camp stated Corum Vail Town Council Meeting Minutes of December 7, 2010 Page 1 Real Estate Group is paid a flat fee to manage the property. Daly recommended future management agreements should include incentives for occupancy rates being met. Foley wanted to add seasonal leases as possibilities for leasing the units. The Third item on the agenda was a discussion and update on the 2015 World Championships. Ceil Folz, President of the Vail Valley Foundation (VVF), made a presentation to the Council regarding the 2015 World Championships. Folz stated six months ago Vail /Beaver Creek was awarded the World Cup Championships for 2015. Vail has hosted the 1989 and 1999 Championships and the VVF campaigned a third time as this benefited the area by being a worldwide resort area and opened us to the world. She said back in 1989 Vail only had 1% international guests. She explained how the sport has changed and what challenges the VVF is facing with the 2015 Championships including television costs, stadium replication costs, and operating costs. She said every decision made needs to be the best solution for the whole event. She explained that Beaver Creek would have the races and Vail would be celebration central hosting street parties, free ski central, and race feel where two to four days could host qualifying races at Golden Peak stadium. She presented a brief video on the 2015 Championships. Daly congratulated the VVF on the Birds of Prey event. Daly said he is delighted the Championships are coming back to Vail in 2015. He said Vail's heritage is ski racing and Vail was looking forward to technical races being in Vail. He asked how Vail's heritage fit in and what the implications will be for 2015. He said when the base of the Vista Bahn was completed, Council was told it would be a finish area for world championships. The Council wants the VVF to look into what it would take to allow Vail to have part of the championship races in Vail. He said that would give the Council some comfort on where this leaves Vail. Jerry Anderson, a FIS member, said it would be very expensive to add a stadium in Vail and twice as expensive to have journalists cover the championships. He said FIS and the journalists don't want two stadiums as it is cost prohibitive. Folz said the VVF has been trying to get the Women's World Championships to come to Vail. Daly asked who will be racing in the qualifying races. Folz said rules will be changing and some U.S. skiers and most of the other countries would be skiing in the qualifying races. Folz said the VVF will control television as they have to pay for it. They also have to provide a bundle of packages for sale to other countries and she said the Vail Council will participate with the VVF and come up with how Vail will participate in these packages. Cleveland wanted clarification on how Vail fits into the picture for the two weeks the Championships are here. Folz said most big sponsors would stay in Vail and Solaris is being looked at for the awards area. She stated the branding is "Vail /Beaver Creek" and that won't change for the next four years. She said both Beaver Creek and Vail are better together. Rogers asked how many people will be here. Folz said there was 69% occupancy during the 1999 Vail Town Council Meeting Minutes of December 7, 2010 Page 2 championships and this would be hard to predict. She said some of the goals are to have free never -ever skiing and to get young kids exposed to skiing. Newbury asked about transportation between both communities. Folz said it will be an enormous task. She said the VVF will be in partnership with the Denver Sports Commission and bring in a plethora of buses to have direct routes between Vail and Beaver Creek. Donovan stated she was at the races last weekend and there is a neat buzz about the 2015 championships and the racers, sponsors and others were excited about Vail and Beaver Creek having the championships. Tjossem said Daly spoke for everyone on the Council about how proud we are for last week's races and 2015 championships. Mike Cacioppo said he is trying to understand how this is a benefit for Vail. He said the headquarters for VRI is in Broomfield, and if the races for 2015 championships will be in Beaver Creek, where does that leave Vail residents. He said having the number one ski resort in the world, Vail, give funding to Beaver Creek, and give away the races to its competitors makes no sense. He wanted to know how much Vail residents will have to pay to support Beaver Creek. Caccioppo stated Vail can negotiate a deal with NBC, ABC, CBS, Fox Sports, ESPN, to wire Vail Mountain for free and they would jump at the chance with caveats. He said the idea that Vail can't have the races because it's too expensive for the television folks is not acceptable. The fourth item on the agenda was a presentation to the town council on the findings and recommendations of the Fiscal Impacts and Economic Analysis Report completed by Economic Planning Systems, Inc. (EPS) of the proposed Ever Vail project. George Ruther stated the Council instructed staff to contract consulting services from EPS to conduct a fiscal impact and economic analysis report of the proposed Ever Vail project. The reports are to address the projected fiscal impacts to the delivery of municipal services as a result of the development of the proposed Ever Vail project and model the economic impacts that may be realized to shift market share within the Town, projected sales tax collections and other economic affects of the project. He said it is important to note the applicant is proposing to change the land use. Andy Knudtsen and Brian Duffany, with EPS, made a presentation to the Council regarding the fiscal impacts and economic analysis of the Ever Vail project. Knudtsen went through a summary of their findings in the report. The role of EPS is to give the Council accurate data and bracketing and this analysis is supplemental to other criteria that will be used to evaluate the project. Their focus has been fiscal. The methodology was broken down in phases, annual performance at build out and stabilized occupancy, ongoing revenues, expenditures, parks, street and bus service, one time expenditures, etc. Duffany reviewed the range of fiscal impacts in all areas of town funds and responsibilities of each entity involved. He stated Ever Vail could be built out to about one half the size of Lionshead. The retail was reduced about 53,000 square feet from the original plan and would include a 14,000 square foot specialty food store, for a total Vail Town Council Meeting Minutes of December 7, 2010 Page 3 of approximately 700,000 square feet of retail space, if all of the proposed space is built out. Rogers wants to make sure the figures used are realistic and that cannibalization is not occurring. Rogers said the parking is a perennial problem and wanted to know what the impacts on loss of parking is to the town due to Ever Vail parking. Knudtsen said they can run scenarios but currently don't have data on it. He asked what parameters the Council wants tested. Ruther said the next step is a Planning and Environmental Commission (PEC) meeting in January of 2011 and staff will be getting more information to the Council by a memorandum which includes details on explanations of new revenues versus old revenues with assumptions made, gross revenue figure and net revenue figure. The fifth item on the agenda was second reading of Ordinance No. 18, Series 2010, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Health Insurance Fund and Debt Service Fund of the 2010 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Kathleen Halloran, Budget Manager, stated staff recommends approval of second reading of Ordinance No. 18, Series of 2010. Daly made a motion to approve Ordinance No. 18, Series of 2010; seconded by Rogers. A vote was taken, and a motion passed 6 -1. Daly opposed. The sixth item on the agenda was second reading of Ordinance No. 20, Series of 2010, Mill Levy Certification. Kathleen Halloran, Budget Manager, said mill levy assessments must be certified to the County for collection annually and this ordinance authorizes certification. Newbury made a motion to approve; seconded by Tjossem. A vote was taken and the motion passed 7 -0. The seventh item on the agenda was the presentation of Chamonix Commons design, cost estimates and construction phasing plan for civil engineering. George Ruther, Community Development Director, stated staff needs direction from Council on the next steps, if any, Council would like to take toward the construction of new employee housing units at Chamonix Commons. Vail Town Council Meeting Minutes of December 7, 2010 Page 4 In April, 2010, the Council authorized the expenditure of $50,000 to complete the design, cost estimates and construction phasing plan for the civil engineering at Chamonix Commons. On October 5, 2010, the Council provided staff with clarification regarding proposed site plan modifications. Based upon the input, the civil engineering plans for Chamonix Commons have been completed with five duplexes (10 units) taking access off Chamonix Lane and the interior connecting road and utilities designed to service either five buildings (40 units) or six buildings (48 units). The addition of up to 58 new employee housing units at Chamonix Commons is a high priority action identified in the Employee Housing Strategic Plan and will help ensure the town achieves its stated goal of having deed restricted housing for at least 30% of Vail's workforce within the Town of Vail. Ruther explained the details of the memorandum to the Council regarding the two phases of the project. Phase I includes the duplexes (five) on the north side of the project. Phase II is a multi - family project (44 units) which is on the south side of the site. Ruther requested the Council give staff direction on next steps. Rogers said before they commit dollars to this project, a marketing study will need to be done to make sure there is a need for this project. Ruther said the market analysis and proforma should be done before a Request for Proposal (RFP) is requested. Cleveland stated the town has another housing project out there without answers, Timber Ridge. He is reluctant to spend money on a new project when a current project will need funding and he wants to wait until answers on Timber Ridge are completed. Daly said Phase One may be done by pre -sales to employees from other partners like the hospital or the water district and may be doable, but Phase Two may be harder to get done. Newbury wanted to know if the market study would be done for just Phase One or the whole project. Ruther stated the whole project would be done. Council directed staff to do a market study and proforma in sixty days. Steve Lindstrom, a Housing Authority board member, said this is a better, improved site plan. The Phase II site could be changed into duplexes or whatever the market study recommended. He said the Housing Authority supports moving forward incrementally if need be. The eighth item on the agenda was a discussion on Town of Vail policies for public parking on private property. George Ruther, Community Development Director, gave Council a brief presentation and discussed the goals, objectives, policies and action steps of the staff memorandum and asked Council to provide direction to staff. He said staff has seen increased action in the private sector to participate in parking in the town; parking clubs have shown up, Vail Town Council Meeting Minutes of December 7, 2010 Page 5 private parking structures have been constructed, and parking issues are continuing to rise and need to be addressed. Zemler said the staff wants to help facilitate this issue and how to make it work for all parties. Cleveland said are we dancing around the "hawking" issue. Newbury said the town needs to do what is best for the guests and everyone needs clarity on the regulations. Donovan said its how we direct the guests to parking areas in a world class resort. Tjossem said Council encouraged private developers to add parking to their projects. She said the town needs to be proactive and help developers recover the costs. Zemler said they need to work through this issue via signage; there is a difference between the staff coordinating parking and private entities having someone out on the streets directing people to their private garages. Zemler stated there are currently several entities that are doing this, including, Solaris, Manor Vail, Cascade, and Arrabelle. Daly said to keep the end in sight. It's how we communicate the parking with our guests. He suggests putting together a group of people including Vail Resorts, Solaris, and other interested parties and get input from those people who will be most innovative to help modify our codes. Rogers said the issue is confusion not competition. She said the signage doesn't distinguish between private and public parking areas. Zemler said the town is producing information regarding location and type of parking in town. Rogers said they need to distinguish between municipal parking lots versus private parking lots and signage may need to change for municipal lots. She also said she had no problem with someone out on the streets with a sign. Ruther said if a person has signs that say what their prices are it would help. Zemler asked to start with the "hawking" piece and asked if Council is comfortable with people with signs out there. Ruther said if the stakeholders were to come together, they would like to have Council give parameters and what they don't want, that would help. Cleveland said it has to start with signage and asked how many council members want people standing out on the streets. Tjossem said that could work for grand openings. Donovan said she was concerned that the signage would then flow to other businesses wanting signs out on the streets as well. Newbury said last year the number one problem was parking and private developers are trying to help that issue. She wants staff to come up with ideas for a win /win situation for everyone. Peter Knobel, developer of Solaris, said there are 318 parking spaces under Solaris. He said through Vail Resort advertising, at peak times, 100 people have found their garage. He said Solaris plans on having a Santa Claus stand outside and direct guests to park at Solaris starting Friday. He said the sign code needs to be changed. He said he wants someone out on the street getting people in the Solaris garage. Ruther said the time frame, including talking to the stakeholders, going to the Planning and Environmental Commission (PEC), and two readings of an ordinance to Council will Vail Town Council Meeting Minutes of December 7, 2010 Page 6 be a minimum of sixty days out. Zemler asked what can be done in the next 60 -90 days to improve this situation. Ruther said Solaris can add signage. Tjossem asked if a special event promotion permit may be used. Brandmeyer said the permit allows a business to have a special promotion for three days, a maximum of four times a year. Cacioppo stated there is a simple solution to have two simple signs for all the parking garages so people have a choice. Jeff Babb, with Vail Resorts, Inc. (VRI) said one of the town's priorities was reducing parking on the Frontage Road. Adam Sutner, with VRI, said real time parking has begun on the VRI website. He said educating people about this website is the easiest solution for parking choices via website, face book, and letting people know what the options are through joint collaborative efforts and marketing. He said there currently isn't a communication plan in place. Lamont said there are two levels of discussion, using the internet and variable message signs and to have uniform signs. Zemler suggested the town do nothing at this time. He said it's not the town's job to get guests into private parking structures. He said unless the town amends the regulations, the town should do nothing. He said that we need to ramp up education and get people into various parking garages. Ruther said if the town is looking for a solution, an emergency ordinance can be approved and then the town can work with the stakeholders to help put it into place within 14 days and keep the integrity of the current ordinances. The Council instructed staff to draft an emergency ordinance to allow directional signage for public parking on private property and bring it back for the December 21, 2010, meeting. Zemler emphasized the town staff will continue to administer the current code. The ninth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Design Review Board denial of a minor exterior alteration application to allow for the installation of special event banner poles in the street right -of -way generally located at the intersection of East Meadow Drive and Willow Bridge Road, and setting forth details in regard thereto. Bill Gibson, Town Planner, requested the Council grant a continuance of this appeal to the Town Council's December 21, 2010 public hearing. Newbury made a motion to continue to the December 21st meeting, the motion was seconded by Andy Daly. A vote was taken and passed 7 -0. The tenth item on the agenda was second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Vail Town Council Meeting Minutes of December 7, 2010 Page 7 Bill Gibson, Town Planner, requested the council continue the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's December 21, 2010, public hearing. Newbury made a motion to continue to the December 21, 2010 meeting; and Daly seconded the motion. A vote was taken and passed 7 -0. The eleventh item on the agenda was Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. This resolution is being reviewed in association with the proposed Ordinance No. 15, Series of 2010. Bill Gibson, Town Planner, requested the Council continue Resolution No. 23, Series of 2010, to the Council's December 21, 2010 public hearing. Daly made a motion to continue Resolution No. 23; Series of 2010 to the December 21, 2010 meeting, Tjossem seconded the motion. A vote was taken and passed 7 -0. The twelfth item on the agenda was adjournment. Newbury made a motion to adjourn; the motion was seconded by Foley. A vote was taken and passed 7 -0. The meeting adjourned at 10:15 p.m. Respectfully submitted, S /2 50 '" W E 66 91 • 00 Richard D. evela , Mayor A ttest: '•••••''• CP COIORP Yy f, ( turei� Donalds n, Town Clerk Vail Town Council Meeting Minutes of December 7, 2010 Page 8 Vail Town Council Meeting Minutes Tuesday, December 21, 2010 7:00 P.M. Vail Town Council Chambers i i The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Pro -Tem Kim Newbury. Members present: Kim Newbury, Mayor Pro -Tem Andy Daly Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Members Absent: Dick Cleveland, Mayor Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Susie Tjossem arrived later in the meeting. The first item on the agenda was Citizen Participation. Joe Staufer, business owner, said he is upset and concerned because he read in the Vail Daily the races for the 2015 Championships would be in Beaver Creek and not in Vail. He said when the Front Door project was built, he was told no more races would be held in Vail because there isn't enough room. But then he was told by Vail Resorts personnel that wasn't true and the Vista Bahn could be moved. He said the races were awarded to Vail and Beaver Creek, not just Beaver Creek and he wants some of the races in Vail. Mitch Whiteford, resident, wants to have some of the 2015 Championship races in Vail and doesn't think it's too late to get some of the races in Vail. Rich Ten Braak, Vail Chamber and Business Association, said he wanted to say the timing might be right to look at changing the Vail Local Marketing District Advisory Council marketing funds to have other uses including events outside the Town of Vail. The second item on the agenda was the Town Manager's Report. There was no report. The third item on the agenda was the Consent Agenda. Kevin said he was abstaining from approving the November 2, 2010, meeting minutes as he was absent. Rogers Town Council Meeting Minutes for December 21, 2010 Page 1 i I made a motion to approve the November 2, 2010 minutes and seconded by Newbury. A vote was taken and the motion passed, 4 -0 -2, with Foley and Daly abstaining. j Foley made a motion to approve the November 16, 2010, meeting minutes, and the motion was seconded by Daly. A vote was taken and the motion passed 6 -0. The fourth item on the agenda was a recognition and thank you to Dave Chapin for his 13 year's of service on the Local Licensing Authority (LLA) and the Commission on Special Events (CSE), two volunteer boards for the Town of Vail. Sybill Navas, Special Events Coordinator, stated Dave has been an exceptional volunteer. She stated he was on the LLA as chairman for eight years and five years simultaneously on the CSE. Bob McKown, Chairman of the LLA and co -chair of the CSE, presented a plaque to Dave Chapin for all his years of service and excellence on the two boards. Chapin thanked McKown for the plaque and said you don't volunteer for the recognition or the money but to contribute to the community. He said he is only one of many members on each board and they each contribute to the community. The fifth item on the agenda was Ordinance No. 23, Series of 2010, an emergency ordinance amending 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, and declaring an emergency. George Ruther said on December 7, 2010, staff facilitated a discussion with the Vail Town Council regarding the town's parking policies for public parking on private property in response to several citizen inquiries regarding the ability to advertise and promote their parking. Staff recommended that the Sign and Zoning Regulations be amended to facilitate public parking on private property. The Council instructed staff to draft an emergency ordinance to allow directional signage for public parking on private property. He said staff incorporated what was best for the guest, consistent and clear to the public, identifying pricing structures of each facility, identifying an enforcement strategy, and clearing up any confusion between public and private parking areas. He reviewed the emergency ordinance with Council. He stated portable signs would be used so they would lessen the confusion of what parking is available. The signs are not for advertising of the businesses; it's a traffic control sign and for daily use only. This ordinance is intended for properties already approved for daily use of parking, (i.e. Solaris, Arrabelle, and Manor Vail and a few other places) which have conditional uses or agreements already in place. It also allows for the administrator to review the possibilities of parking at other places and to allow for flexibility, where the signs could be located, size of signs, and directions, price and parking availability. Other special provisions are the signs would only be displayed when daily use of space is available to the public. The daily rate must be communicated to the public and be current at all Town Council Meeting Minutes for December 21, 2010 Page 2 times. The penalty for violating the regulations would be to revoke the approval of use and removal of signs would be immediate. Section three of the ordinance shall be effective immediately until February 15, 2011, when the ordinance becomes void. This gives staff time to come back with more permanent solutions. This is not intended for business promotion purposes. Ruther said the rate can change to hourly, not just daily. Daly asked if the sign didn't have business information, how guests would tell others where they would be parking. He thought a name of the project is for identification, not for advertising. Ruther said staff wanted consistency of the signs and only to identify parking and not the business. Daly said there are two points, one to differentiate public versus private parking and consistency. Ruther said Greg Hall reminded him that the Colorado Department of Transportation (CDOT) may not allow any advertising. Donovan said the target audience is new guests and said blue and white signs are a more standard parking sign. Tjossem said she would like to see a recognized parking symbol. Ruther said that could be added. Lamont, representing the Vail Homeowners Association (VHOA), stated the terms need to be clarified. He said this is public parking on private property and wants to make sure the temporary sign format will be similar to what the permanent format will be and said the symbol would be useful. Daly made a motion to approve Ordinance No. 23, 2010 as presented. Further discussion ensued. Rogers said she agreed with the valet concept, stated the hourly or daily rate is important, but she doesn't think the symbol or the advertising of the business is important. Foley said he is concerned there would be too many portable signs around town. Tjossem said she is not in favor of this ordinance. She wants consistency and current regulations allow for signage. She said Vail Resorts (VRI) has parking information on their web site. Donovan said the emergency ordinance is not appropriate for Vail. Newbury said Council asked staff to come up with a solution and they need to stop putting obstacles in front of people who are trying to help with the parking. Daly made an amendment to his motion to approve the emergency ordinance with the business name on the sign, add valet parking, the hourly or daily rate be added, the "P" symbol is optional; and the sign should be blue and white. Foley said he would be voting against this ordinance. Rogers said the more the private sector helps provide parking, in the long run the town benefits because the town may not have to build more levels to the parking structures. She feels it is encouraging signs in a direction Vail is trying to move away from. Tjossem said the Solaris signs are already in place. Newbury said she is in favor of the ordinance as it is temporary. Daly, Newbury and Rogers were in favor and Donovan, Tjossem and Foley against. The motion failed. Town Council Meeting Minutes for December 21, 2010 Page 3 i The sixth item on the agenda was Ordinance No. 24, 2010, an emergency ordinance amending the Town of Vail's Health Insurance Fund budget for 2010; making supplemental appropriations thereto; and declaring an emergency. Kathleen Halloran, Budget Manager, stated on December 17, 2010, town staff became aware of significant medical claims in excess of those previously projected by the town's insurance consultant. She said because these claims will occur in 2010, they must be paid from 2010 funds and approval of the emergency ordinance is needed to maintain compliance with state statutes regarding the budgetary process. She said an increase of $320,000 to the health fund was needed as invoices were just coming in. She has budgeted approximately $200,000 in revenue coming in to cover some of this expense. Foley made a motion to approve; Daly seconded the motion. A vote was taken, and the motion passed 6 -0. The seventh item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's (DRB) denial of a minor exterior alteration application to allow for the installation of special event banner poles in the street right -of -way generally located at the intersection of East Meadow Drive and Willow Bridge Road, and setting forth details in regard thereto. Bill Gibson, planner, stated the majority of the DRB was concerned about the location and the banners being vertical banners versus horizontal banners. The south side of the street was designated as the side to hang the banners. On October 20, 2010, the DRB denied an application to install special event banner poles in the street right -of- way generally located at the intersection of East Meadow Drive and Willow Bridge Road. On November 2, 2010, the Vail Town Council called -up (i.e. appealed) the DRB decision. In accordance with the requirements of Section 12 -3 -3, Appeals, Vail Town Code, a hearing of this appeal was scheduled and noticed for the Council's December 7, 2010, public hearing. On December 7, 2010, the Vail Town Council granted a continuance of this appeal to its December 21, 2010, public hearing. Rogers asked what the DRB would have approved. Tom DuBois, a DRB member, said a banner across the streets would block the views and cheapened the look of Vail. Those that voted for it thought it would add to the vitality of Vail. Tjossem said the two -sided banner is what was denied. She said the majority of the board would have voted for a single vertical banner. Newbury asked about the time limits for the banners being up. Sybill Navas stated she represented the Commission on Special Events (CSE) and was the applicant. She said the banner reservations are on a weekly basis unless there are no other requests. The CSE was hoping to get a third banner site that provides for the same dimensions as the other two banner sites. She said the flagpole system can be Town Council Meeting Minutes for December 21, 2010 Page 4 C used three ways: across the street, flags or vertical banners. She said the skating show at Solaris was great and this banner site would identify events in that area. She said the vertical banners in the roundabout are dictated by the Colorado Department of Transportation (CDOT) and do not allow for location information. Rogers said the horizontal banners usually do not identify the location. Navas said the banners are usually placed where the events are held and this site could help alleviate multiple requests at the same time. Donovan asked how many weeks a year banners are up in the village. Navas stated most of the year there is a banner up. She said the vertical banners would be to the scale of the roundabout banners. Steve Virion, La Bottega owner, wants to make sure the banners would be for community events and not private events. Tjossem asked if the DRB would have approved if it was only a vertical banner. DuBois said yes but the applicant will now have to go back to DRB for that approval. Navas said the CSE was trying to alleviate a specific issue and didn't think they would come back for a vertical banner site approval only. Rogers made a motion to uphold the DRB decision and the motion was seconded by Daly. Newbury said she will be voting against the motion. She said the design guideline is broad and she didn't have a problem with a horizontal banner and said it was discretionary. Foley agreed with Newbury. Donovan said she would vote in favor of the motion. Tjossem said she would vote for the motion and thought the vertical banner would work and said they should go back to the DRB for that approval. A vote was taken and passed 4 -2, Newbury and Foley against. The eighth item on the agenda was first reading of Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow for digital format entertainment signs and menu box signs for theaters, and setting forth details in regard thereto. Bill Gibson, Planner stated a site visit was done in the afternoon with mock ups to show what the signs would look like. Gibson said on November 22, 2010, the Planning and Environmental Commission (PEC) held a public hearing to discuss the proposed amendments to the town's sign regulations. The PEC forwarded a recommendation of approval, with modifications, for the proposed sign regulation amendments to the Council. The staff and PEC recommends the Council approve Ordinance No. 22, Series of 2010, on first reading. Donovan said she wanted clearer information on sizes. Gibson explained the differences between movie theatre signs versus a movie rental business. Daly asked Town Council Meeting Minutes for December 21, 2010 Page 5 i about the recommendations, noise, other business restaurant signs, motion, copy, etc. Gibson said this would be a discussion at a later date with the DRB, PEC and Council. There is a need for more broad policies in place. He said the movie signs would be off between 11 p.m. and 7 a.m. Daly made a motion to approve Ordinance No. 22, Series of 2010, on first reading, and the motion was seconded by Tjossem. A discussion about whether turning off the signs at 11 p.m. was agreeable with Cinebistro. David Kempner, manager of Cinebistro, stated they were okay with the sign going off at 11 p.m. and didn't think the signs being on after 11 p.m. would draw any more business. Ruther said staff can come back in the first quarter of 2011 to discuss the other electronic signage. A vote was taken and passed, 6 -0. The ninth item on the agenda was Resolution No. 29, Series of 2010 a Resolution Approving an Intergovernmental Agreement between the Town of Vail and Eagle County Regarding Animal Control and Setting Forth Details in Regard Thereto. Matt Mire, Town Attorney said the Town of Vail (the 'Town ") and Eagle County wish to enter into a yearly Intergovernmental Agreement (the "IGA ") which outlines the terms and conditions of the animal control services that will be provided to the town. The Council's approval of Resolution No. 28, Series of 2010 is required to enter into an IGA. Rogers asked whether Eagle County takes care of baby eagles or wild animals. Shawn Markland, Eagle Council Animal Control Officer, stated the Department of Wildlife (DOW) would be called in to handle that situation. Rogers asked if there is a bear issue, who handles the call. Dwight Henninger, Police Chief, said the police department will respond due to the nature of the issue, and they call the DOW if it is necessary. Foley stated a couple of years ago, there were concerns about handling of the animals at the animal shelter. Henninger said there are no current concerns about the animal shelter that he knows of and said this is the best $40,000 spent by the Town of Vail. Foley made a motion to approve Resolution No. 29, Series of 2010, and was seconded by Daly. A vote was taken and passed 6 -0. The tenth item on the agenda was Resolution No. 28, Series of 2010, a Resolution Approving a Lease Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Parking Along the Non - Travel Lanes of the Interstate 70 Frontage Roads Located within the Limits of the Town; and Setting Forth Details in Regard Thereto. Town Council Meeting Minutes for December 21, 2010 Page 6 Greg Hall, Public Works Director, said the Town of Vail (the Town) and the Colorado Department of Transportation (CDOT) entered into a Lease Agreement (Lease) which included a permit parking program utilizing the Vail Frontage Roads for the 2009 -2010 ski season. On September 30, 2010, the Town Manager sent a letter to CDOT outlining the terms of a Lease to use the Premises for the permit parking program as well as overflow skier parking for the 2010 -2011 ski season. Vail Resorts will be contributing $20,000.00 for the lease payment. The Town and CDOT wish to enter into a one year j Lease. Staff recommends the Council approve the Lease Agreement and authorize the Town Manager to sign and enter into the Lease with CDOT. Hall said this was similar to last year's lease agreement. Foley asked what the timetable is. Hall said there has already been one meeting and another is scheduled for the second week in January, with another in February is already scheduled and a strong commitment on both sides. Daly said a cost analysis is important to add to the discussions. Foley said the community is concerned there isn't enough lighting on the Frontage Road in front of Middle Creek and safety standards need to be added to the discussion. Newbury stated 300 permits are issued and wants to know if Four Seasons employee parking is being used near Middle Creek. Foley thanked VRI for stepping up and paying $20,000. Daly made a motion to approve Resolution No. 28, Series of 2010 and the motion was seconded by Rogers. A vote was taken and passed 6 -0. The eleventh 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 approval of a request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract E, Vail Village Filing 7, and setting forth details in regard thereto. George Ruther, said both the applicant and the appellant have requested a continuance of this item. He asks the Council to grant a continuance of this item to the Council's January 4, 2011 public hearing to allow the parties additional time to obtain information. Daly made a motion to continue this item to the January 4, 2011, meeting, the motion was seconded by Foley. A vote was taken and passed 6 -0. Town Council Meeting Minutes for December 21, 2010 Page 7 The twelfth item on the agenda was adjournment. Foley made a motion to adjourn, the motion was seconded by Daly. A vote was taken and passed 6 -0. The meeting adjourned at 7:35 p.m. Respectfully submitted, *Kriimewbury,lMayor Pro -tem Attest: OV Lorelei Donaldson, Town Clerk' Town Council Meeting Minutes for December 21, 2010 Page 8