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HomeMy WebLinkAbout2012 Vail Town Council MinutesVail Town Council Meeting Minutes Tuesday, January 3, 2012 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 Andrew P. Daly. Members present: Andrew P. Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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 Staufer, a Vail business owner, said he has a lot of relatives and friends in Austria. His brother -in -law told him he watches a lot of ski races on television and said there isn't any mention of Vail in the European media regarding the 2015 Championships. Staufer said if Vail is supporting the 2015 Championships financially, the town should apply for a refund. Staufer said it was his understanding that the 2015 Championships were awarded to Vail /Beaver Creek. He said in the past, Beaver Creek was attached to the Vail brand and now Beaver Creek must not need that connection anymore. He said with the amount of money Vail is contributing perhaps they should be using the ski championship dollars to give it to Red Sandstone Elementary School instead. Jonathan Levine, a limousine company owner, said he just finished working in Vail for fourteen straight days. He said the feedback he is getting from high end clients is there were problems getting cell phone service over the holidays on the ski mountain and in Vail. He said all the cell service providers AT &T, Verizon, Sprint and Nextel said there was no cell service on the mountain and there were problems getting service in town as well. His clients had to walk out of the core village to get cell service. He said after September li this is a very serious issue. The ability to communicate via text and cell phone is critical. He said another issue he saw was a lot of the service people in Vail businesses were unhappy and glum. Even though there was a lack of snow, people need to stay positive. He would like to see the service programs enhanced to help people promote Vail in a positive way. He also said he still has an issue with the Vail Town Council Meeting Minutes of January 3, 2012 Page 1 police department regarding limousine staging and access to the transportation centers. He wants signage for taxi and limousine services. He is upset other taxi and limousine services are on the current sign and with the service he is receiving from the Vail police department. There are communication issues. Daly said the town will look into the cell phone service problems. He pointed out there is a service program already in place within the town. Zemler said he is confident the taxi and limousine issues have been addressed appropriately with the Vail Police Chief. Mike Cacioppo asked the Council to send a letter to the cell phone service providers to provide more cell towers. Zemler said there are additional cell towers being brought in and they are working with three or more providers to get additional service into Vail. Cacioppo said the transportation issues need to be addressed and wants the process to be fair. The second item on the agenda was a presentation to thank outgoing Council members Dick Cleveland and Kim Newbury for their years of service to the town and community. Daly said Newbury was continually upbeat and thoughtful throughout her years of service to the community. She was a serious representative with deep roots and passion for the Vail community. She really distinguished herself during her eight years on Council. He also thanked her children for supporting her through the years as well. Newbury said she changed a lot over the years and the town changed as well. She is proud to be a part of the Vail community. She thanked everybody for their support. Daly said Cleveland was also a strong supporter of the community and spent many long hours committed to the community through countless hours on the Council as well as serving on many boards associated with serving on the Council. Cleveland was diligent and a great consensus builder. Daly also thanked Kathy Langenwalter, Cleveland's wife, for all the support she has given him through the years. Cleveland thanked his wife and said it was nice to be on the other side of the table. He enjoyed serving and is proud of the incredible amount of work that has been done in the past eight years. The third item on the agenda was the consent agenda: 1) Resolution No. 1, 2012, Public Notices; 2) Resolution No. 3, 2012, Mutual Aid Agreement; 3) Resolution No. 4, 2012; Mutual Aid Agreement, 4) Resolution No. 5, 2012, Animal Control Services. Moffet made a motion to approve the consent agenda and the motion was seconded by Kurz. Foley said he would like more sites to be available throughout the town for Town Council Meeting Minutes of January 3, 2012 Page 2 additional display of notices. Daly explained the content of each of the resolutions for the public benefit. A vote was taken and the motion passed, unanimously, 7 -0. The fourth item on the agenda was the Town Manager's Report. There were no items. The fifth item on the agenda was Resolution No.2, Series of 2012, supporting the Red Sandstone Elementary School (RESE) in being kept open by the Eagle County School District (ECSD). Each council member read parts of the resolution into the record for the public to show strong support of the resolution and wanting RSES to stay open as it is a vital part of the community. Foley made a motion to approve Resolution No. 2, Series of 2012, and sending it to the Eagle County School District and the motion was seconded by Tjossem. Public comment was taken. Peter Rosenberg, a resident of Edwards and a non - parent volunteer for the ECSD, said he really likes the Vail community. He said the process of cutting $5.5 million from the budget is challenging. He said during the school district's meeting, many folks spoke during the public comment section. Folks requested their favorite program or school not be closed. There were many schools and programs mentioned. He stated he has had to manage an office through three recessions. He said in order to author a successful budget, sacrifices would have to be made for the greater good. He said this Council as well as other community stake holders needed to come together and take some of the pain. He said it was discouraging to read in the paper that another charter school was suggested to be opened. He asked if it wouldn't be better to join the budget committee and help solve the budget cuts currently in front of the school board. Daly clarified that the Council did offer to help. Rosenberg said the budget committee would like to see someone from Council at the next meeting. He said their help is needed and would be appreciated. Mike Cacioppo said after the salaries were put on line and the community now knows how much money employees are making, he thinks the salaries are shocking. He said Eagle County is second in Colorado in top salaries and this is for 8 -1/2 to 9 month contracts and not working another 3 months of the year. He said they are making huge salaries and benefits. He said to fix the budget they need to decrease salaries by $5,000 to $6000 per person and it would solve the issue. He said they should involve the school staff members to make the budget work. Nancy Ricci, a retired principal from the ECSD, stated she was the principal for last 16 years at RSES and has been a 32 -year Vail resident. She supports the resolution. She Town Council Meeting Minutes of January 3, 2012 Page 3 said there are many avenues that need to be looked at to help solve the budget issues. It can be done. She wants to support RSES staying as it is Vail's school. She said it is interesting that the engine that drives the train is being considered to close. Kim Newbury, Vail resident, thanked the Council for supporting the town's school. She said one thing missing is that Vail has been a partner in the school. She doesn't know of anywhere else where the towns supported the schools. She is 100% behind the resolution. Donovan wanted to propose another whereas in the resolution: "whereas the Town has clearly demonstrated its long -term commitment to the school by our ongoing participation in projects that have been a benefit to the school including securing grants, construction playground improvements, addition of an athletic field and the gymnastic center." Foley amended his motion to add the "whereas" clause as stated by Donovan and the amended motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7 -0. The sixth item on the agenda was a presentation on the proposed municipal site redevelopment project including the key points of the project, the Town of Vail design program, the draft memorandum of understanding (MOU), the financing options, the project schedule, and a series of next steps for advancing the project forward. George Ruther, Community Development Director, said the Council is not being asked to make any formal decisions at this time. Staff and the consultants presented key design program elements, project schedule, financing options, discuss a draft MOU and next steps in the process to keep the approved, prescribed schedule moving forward. Ruther said he has attended a number of homeowner's association meetings around town. He was pleasantly surprised as he spoke to about forty people and most had heard about the project in some fashion. He said there is a net increase of about 2,000 square feet of office space in the new municipal building. One difference in the new development is the center of the site would be approximately ten feet lower so that folks would drive in at grade level. Daly asked for public comment. There was no public comment. Ruther gave out his office phone number for the public to contact him with questions they may have on the project. Ruther said the MOU is not a binding MOU at this time but the topics covered include: a description of project, land value, agreement to subdivide the project, development program for medical and town spaces within the shared parking structure, understanding of site planning and design cost sharing. Michael O'Connor, a representative of Triumph Development, went into further detail of the MOU. He presented the scope of the consulting agreement which includes four Town Council Meeting Minutes of January 3, 2012 Page 4 users of the buildings and three development partners, the schedule and ultimate goal of all partners. The details summarized concluded with a plan that would work for all parties, including the master plan, the schedule and the processes for designing, procuring and constructing new buildings. There are four users, one site and a shared parking garage. The concept is for the Steadman group to buy the land that the medical office building will occupy, along with an agreement on the parking garage that will have a certain number of parking spaces for the medical office building and the municipal site and will be designed according to the town's wishes. Along with the purchase and sale agreement, the Steadman group agree to fund the design costs of the medical center and parking spaces. The land price would be credited to the town building costs. O'Connor asked if the Council had any questions. Rogers said one issue that came up was the relationship between the developer, the town and the hospital. She said the proposal shows Triumph would buy the land and subsequently the hospital and the Steadman group would buy from Triumph. Rogers said the town was not expecting to have the developer in the middle of this process. She wanted to know what assurances the town has that the medical clinic will be the ultimate user of the property. O'Connor said the hospital was agreeable to have a sponsor involved for several reasons. Ultimately, the assurances are that the Steadman group anticipates signing a purchase agreement including deposits and the project is designed specifically for them. Rogers wants assurances in the MOU that the property is being sold to the medical center and clinic and not a developer. Daly said the Council is excited to help this project move forward and to help make the medical centers successful. The Council wants assurances this is what will happen. Another concern is they didn't have time to pass the MOU on to the town attorney for review and comment. Council also wants to make sure the town has the construction costs covered for the town part of the project. The town needs to part of the parking bid process, as well. Council also wants an assurance or some type of reversion clause that the medical building will continue to be used as a medical center in the future. Performance and completion bonds and other requirements also need to be in the MOU. Further discussion ensued and other items discussed were employee housing, the review process and the use of the development will always be for the purpose intended, thus moving the subdivision process forward. Also, the Colorado Department of Transportation (CDOT) will have a significant role in the approval of the project. The town has been working diligently with CDOT. There is concern of what CDOT will approve for the town versus a private developer. Gwen Scapello, a Vail resident, asked about the condominiumization of the medical office building and if that included the real property. She wanted to know who retains Town Council Meeting Minutes of January 3, 2012 Page 5 ownership of the land, including the subdivision of the property and the medical center. O'Connor said the developer would transfer the land to the condominium owners. Scapello wanted to know who will share in the maintenance of the shared portions, such as the parking structures. She also wants to know where the heliport will be located in the future. She said it's important to resolve where the helipad will be now. She also wanted to make sure the medical office building is an office building and not a medical facility. Daly said they asked the town attorney to add a reversion clause to the documents so it continues to be medical offices. Craig Cohn, representing Howard Bergeron, owner of the Evergreen Hotel, said some of their concerns are the traffic patterns, curb cuts, access to the hospital site, and other issues for this area. It could effect future development on the Evergreen site. Daly said the discussions for this project are in four parts: land sale, financing options, master plan issues (including the helipad placement, possible relocation of emergency access from Meadow Drive to the Frontage Road, traffic patterns and other items) and design of the town building. Ruther said the financing options were discussed at the December 20 evening Council meeting. He reiterated that there were five options but only three were viable. He said the Piper Jaffray consultant stated given the schedule and urgency, that Certificates of Participation (COP'S) (or a derivative of COP'S) would be the most effective way to go. Judy Camp, Finance Director, reviewed the options: General Obligation Bonds, Sales and Use Tax Bonds and COP's. The first two require a longer period of time to accomplish and timing would be too late to meet the current schedule.. The COP's act like a lease and are subject to annual appropriation, don't require an election and would allow Council to issue bonds as early as April of 2012 if needed. The cost of COP's are lower than the sales tax revenue bonds. Another option would be to pay cash for the project from the town reserves. The Council is looking at pros and cons between a COP's or cash standpoint. Beginning in 2013, the town will no longer have a $2.3 million debt service payment. Mike Cacioppo said he is concerned this project is being fast tracked. He thinks the COP's is an attempt to not follow TABOR rules. Daly said the town has researched this at length and this is a viable way to pay for essential buildings. Cacioppo stated he didn't think taxpayers were interested in giving prime land for a private business that many people can't afford and to not get a free municipal building out of the deal. He said he doesn't like it and it isn't a good deal for the town. Town Council Meeting Minutes of January 3, 2012 Page 6 Donovan said she wants information from the hospital on their long term planning process to help her and the community see the benefits to the community, besides the economic benefits. She also asked once the hospital moves some of the other medical center spaces out of the hospital, how this affects the hospital in the future. Daly said he wants more information regarding the helipad placement as it is one of the larger concerns of the community about the hospital campus. He stated this is a significant piece that may not preclude other changes that may need to be addressed in the future, including traffic. Rogers talked about the big picture of the project. She said for four years they have been talking about economic drivers, resort and economic development. The health and wellness industry is ideal for Vail. This project is at the heart of wanting to promote health and wellness. She said Vail has the potential to be the "Silicon Valley" of orthopaedic medicine. This project works well to allow Steadman to move to this site and then the hospital can utilize and expand into the Steadman spaces at the hospital. She is offended that Cacioppo suggests the town is on the take. She said this project will be a win -win for the town and the community. She doesn't see any impropriety by the town, staff, clinic or hospital in doing this project. Moffet said the municipal building is extremely obsolete and is costly to run. The town will benefit. This is an insanely good deal for the town. We are all invested in not just the resort of Vail but the community of Vail. The community includes hospitals and medical centers. He stated there is no place in the world that has a medical facility of this caliber in the town of the size of our community. Great planning means taking a long view. He said moving the hospital and medical center away from Meadow Drive is a great idea. He said not committing to addressing the helipad and traffic relocation at this point would not be a great idea. Cacioppo said he wants the taxpayers to vote on it. Rogers said the Council has been talking about this project for months. Peter Noble, town resident and business owner, is in full support of this project. He asks that whatever variances are required for employee housing he wants the same granted to other developers and projects going forward. Rogers said that is fair. Jim Lamont, representing the Vail Homeowners Association (VHA), asked if they were going to see an outline of the master plan. Daly said these issues will be addressed at future meeting dates. He asked to add to the list considerations: loading and delivery, trash management and the larger issue about off -site impacts. He said the hospital, as much as he treasures it, is not the best of neighbors. The hospital has an extraordinary responsibility to perform the basics. This is the last block of property that has major "original sins" to correct. He said yes, we value it, yes, we want to keep the hospital Town Council Meeting Minutes of January 3, 2012 Page 7 here; but we don't want to keep it here at any and all costs. If there is profit to be made in this endeavor, there has to be a requirement to solving some of the original sins. It's not fair to have noise coming from ventilation systems and helipad use. You can't expect neighbors simply sit back when these problems have not been solved. He stated the resolutions were not in terms of the master plan but with specific terms. The hospital has got to make a commitment even if it requires dollars. He wants to see the letter from CDOT regarding the helicopter issue. If we are going to embrace health and wellness issues, some neighbor's quality of life cannot be for a few. He said they need to dot the I's and cross the T's so issues can be fixed. Doris Kirchner, Chief Executive Officer of the Vail Valley Medical Center (VVMC), thanked the Council for all the collaboration and support. She said the key point of the project is that 35,000 square feet will be freed up for the hospital. Master planning for the hospital has begun. She said included in the hospital RFP is the helipad and the emergency area off Meadow Drive. Everyone needs to understand the partnership between Steadman - Phillipon and the VVMC is strong. The hospital looks at them as partners of the hospital and the town. She said the hospital writes off about $12 million a year in Medicaid alone in health care and they don't turn away customers. The Steadman Clinic has three of their surgeons that see 65% of their patients come from other areas. They bring year- around revenue to this community. Ruther said next steps on page three of the memorandum of January 17, 2012, include responding to questions on the MOU, a town budget in more detail, moving forward with the design phase and starting a Request for Proposals (RFP) process for design of the project. Additional master planning issues will be coming forward and be responded to. Staff will return to the next Council meeting on January 17"', at which time the Council will be asked to take action on executing a MOU by and between the partners, selecting a financing option and instructing staff to issue a RFP for design services. Daly said the revised MOU will need to come back to the town attorney and town staff as soon as possible so the town is comfortable with it and doesn't create delays. He said a separate work session may be needed. Tjossem asked if the town project was delayed, would this delay the medical center side. Ruther said this is essentially one site and the town will have to work with the partners to see how this would affect them. A five minute break was taken at 8:15 p.m. Town Council Meeting Minutes of January 3, 2012 Page 8 The seventh item on the agenda was second reading of Ordinance No. 27, Series of 2011, an ordinance repealing and re- establishing Special Development District (SDD) No. 22, Grand Traverse, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow the employee housing requirements of the special development district to be met off -site through the provisions of Section 12- 13 -5, Employee Housing Unit (EHU) Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Bill Gibson, Planner, said the Council had approved another exchange a couple of meetings prior to this request. He stated the Council had approved first reading of this ordinance at their December 20, 2011, meeting by a vote of 4 -3 (Daly, Donovan and Foley opposed). He said the initial development had no employee housing units required, but the developer had requested EHU's be considered and six EHU's were added to the development. Foley stated when he was on Council in 1998, and when this development went through the process, having "lights on" in the neighborhood was a great concern for that Council. Foley said he couldn't support and approve this ordinance as this would take away from this neighborhood having "lights on." Rogers asked Gibson if lights were on in the neighborhood. She said virtually every time anyone has developed an EHU, it has been a give and take for both parties. She said there was no distinction between the Grand Traverse developer and other private homeowner properties that have EHU's when they developed their properties. She said as the town changed, the rules allowing existing employee housing units to have exchanges changed. She doesn't see why this project would be treated differently. Gibson said there are no longer any GRFA limits on square footage in the Grand Traverse SDD. He said a significant public benefit is the exchange unit would be deed restricted and that public benefit hasn't changed. He said two of the six units in the Grand Traverse SDD have a deed restriction; however, four units do not have to be occupied. Moffet asked what the average square footage was of the current EHU units. Gibson said the units were between 400 to 600 square feet each. Dominic Mauriello, Mauriello Planning Group and a representative of the applicant, said the public benefit to the subdivision was a reduction of density. He said not all SDD's ask for the same concessions. He said the original developer, Pat Dauphinais, wanted the ability to cluster the units so the developer gave up some density. At the time of the development, an EHU was not required for the project. He said the developer came to the town and asked to be allowed to have EHU's. Mauriello said the required square footage of an exchange unit off -site is two to three times larger than what the size is for the on -site EHU. Mauriello said ten of the twenty -one units at the Grand Traverse are occupied by locals. Town Council Meeting Minutes of January 3, 2012 Page 9 Daly asked if there was any desire of the homeowners to convert from duplexes to single family units. Mauriello said this request had more to do with design parameters and clustering of the units. The reduced density and tradeoff of design was a positive effect. The unit they are proposing to exchange is approximately 800 square feet. Pam Bailey, one of the owners, said they purchased their residence in 2004. She said they have fourteen family members in the residence now. She stated they want to use the additional space for their growing family. They want to participate in the exchange program as the program will allow for a larger unit to be purchased and utilized for an EHU unit elsewhere. She said their EHU is not easy to rent as it is not in a desirable location and is not easily accessible. It would be a win -win for them and the employees by having the unit elsewhere. Bill Bailey, owner, said in 1998 "lights on" in the neighborhood was a valid concern. He said at a recent homeowner's association meeting, ten to eleven units in the neighborhood have lights on most of the time. He also said they would like to be one of the "lights on" in the neighborhood soon. He said they would like approval of this application. Kurz said he was on the Planning and Environmental Commission when this project was built. He said the developer, Pat Dauphinais, was one of the most concerned developers at the time. Rogers made a motion to approve second reading of Ordinance 27, Series of 2012, and the motion was seconded by Tjossem. Additional discussion ensued. Moffet stated he appreciated Foley and Donovan's points of concern. He said the town EHU program is only 33% effective, which means it doesn't work the way it is supposed to. Moffet said he is voting in favor of approval. Tjossem is in favor of the ordinance as the intent of the ordinance is sound and doubling the size of units when exchanged totally affects employees and the ability to be in the neighborhoods where they want to be and have access to town amenities. She said the exchange allows for the units to have employees in them and not have empty EHU units in town. She doesn't want the Council to backtrack on this issue. She said these were done for all the right reasons and the process is working. Donovan stated she would be voting against approval as she wants to support the intent of the original SDD approvals. A vote was taken and the motion passed 5 -2; Foley and Donovan opposed. Town Council Meeting Minutes of January 3, 2012 Page 10 The eighth item on the agenda was adjournment. As there was no further business, Foley made a motion to adjourn and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7 -0. The meeting adjourned at 8:40 p.m. Respectfully Submitted, Andrew P. Daly, M Attest: ' rI �� / . ,�.,��.. W- Donaldson, - Town Council Meeting Minutes of January 3, 2012 Page 11 Vail Town Council Meeting Minutes Tuesday, January 17, 2012 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 Andrew P. Daly. Members present: Andrew P. Daly, Mayor Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Members Absent: Ludwig Kurz Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Jonathan Levine, owner of Hummers of Vail, said he runs the one of the largest limousine companies in Vail. He said his company gave over 10,000 rides to Vail guests in 2010. He is very upset with how the Vail Transportation Center (VTC) taxi and limousine services are being handled. He said the issues include signage and the location of the signs, access to dropping off ADA clients in Vail Village and altercations and near misses of accidents. He wants the Council to change how the police department interacts with the taxis and limousine services at the VTC, as well as where the taxis and limousines are staged on the upper deck of the VTC. The second item on the agenda was the Citizen's Award to Mike Kloser, Emily Kloser and Jay Lucas. Mark Miller, Fire Chief, presented Citizen's Awards to Mike Kloser, Emily Kloser and Jay Lucas for helping with a June 9, 2011, fire in their neighborhood. He said they each assisted in helping to put out the fire. He read the incident commander's comments into the record. Mike Kloser and Emily Kloser helped to keep the fire from spreading. Jay Lucas helped make sure the neighbors were out of the building. Each person risked his /her personal safety to help their neighbors. The fire department is grateful for their efforts. The third item on the agenda was the Consent Agenda. The approval of the December 6 and December 20, 2011 meeting minutes were on the Consent Agenda. Town Council Meeting Minutes of January 17, 2012 Page 1 Foley said there was one word missing in the December 20 meeting minutes. Donaldson will correct. Foley made a motion to approve the meeting minutes of December 6 and December 20, 2011, and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7 -0. The fourth item on the agenda was the Town Manager's Report. Pam Brandmeyer, Assistant Town Manager, said the Council had discussed going green and paperless over the past month. This is to formally announce it to the community. The agendas and attached documentation will be on the town's website for the community use. Foley thanked staff for their help bringing the Council into the 21st Century. Donovan made a motion to approve the town going paperless where possible, and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7 -0. The fifth Item on the agenda was a request to continue the Ever Vail applications for the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the February 7, 2012, public hearing. George Ruther said a request to continue this item was at the request of the applicant. Foley made a motion to continue these items and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7 -0. The sixth item on the agenda was the appointment of a Newspaper of Record for 2012 for the town's public notices. Pam Brandmeyer, Assistant Town Manager, stated each year it is required by state statute to appoint a newspaper of record for the purpose of publishing town notices. The Vail Daily is currently the only daily newspaper that complies with state statute regulations. Rogers made a motion to appoint the Vail Daily as the town's newspaper of record and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. The seventh item on the agenda was Resolution No. 6 Series of 2012, a resolution authorizing the signing of a Memorandum of Understanding (MOU) to allow for the redevelopment of the municipal site, located at 75 South Frontage Road in Vail. George Ruther, Community Development Director, asked the Council to approve Resolution No. 6 approving the MOU as read. Ruther said on May 18, 2011, the Council directed staff to look into the possibility of redevelopment of the municipal site. Ruther reviewed the project phases the staff and others have been working on the past 90 days and what that included. He went through the key points of the project, design program, MOU, financing strategy, schedule and next steps which were all in the memorandum. Town Council Meeting Minutes of January 17, 2012 Page 2 Ruther said the approval of Resolution No. 6 authorizes the town to enter into a non - binding MOU. He said Judy Camp, Finance Director, will answer any questions on the financing issues. Donovan asked about the helipad moving to another structure and when it would move back to its more permanent location. Ruther said in the Master Planning of the Vail Valley Medical Center (VVMC), it would be appropriate to assign a time frame on the helipad. He said the master planning process is probably an 18 month process. He said it would be appropriate to make sure due diligence is done. He said it would be a challenge to put a timeframe on details until the master plan is completed. He said the Council could outline the town's expectations through the various phases as they come along with expected dates and timeframes. Rogers said she wanted to know what is going to determine the cost and expense for the helipad and who pays for it. Michael O'Connor, with Triumph Development, said the town would be paying for the pad site and not the hospital. Daly asked why the parking space allocations would be determined by an independent third party consultant. Ruther said it's necessary because the property is zoned general use. If there is contemplation on reducing the size of parking, the process requires a review and report provided by a third party consultant for the zoning and development review process. Daly asked if the landscaping would be part of a common project. O'Connor said the surface parking area and underground parking are based on a percentage share of parking spaces. The landscaping of the western portion would be paid for by the medical offices and the eastern side would be paid by the town. Daly said the cost of landscaping shouldn't be part of the MOU as it is not a part of the common costs. Ruther said the off -site improvement landscape (i.e., Frontage Road improvements) would be a shared expense by the parties. Rogers asked why the town was paying for the developer fee that was negotiated between the hospital and the developer. O'Connor said this is a mistake in the MOU language. Additional discussion ensued on the changes that needed to be made to clean up the MOU language, including adding a closing date and a helipad timeframe. Daly asked Ruther to explain why the helipad can't go on top of the medical office building. Ruther said the helipad is currently on CDOT property and cannot easily work at the site after the medical office building is built. In speaking with the medical helicopter pilots, the best place for the helipad would be on top of the VVMC in the future redevelopment of the hospital immediately adjacent to the emergency room. Daly asked there be a time limit on when the helipad gets moved to a permanent site sooner than later. Council doesn't want to see the helipad out at Ford Park in ten or twelve years. Steve Virostek, with Triumph Development, said the hospital wants to be a world class hospital so they also want to get this done sooner. He said it will depend on the master plan process and when it is sequenced in that process. He didn't give a timeframe of when the helipad would be relocated. Mire said the helipad wouldn't be a hospital expense. Town Council Meeting Minutes of January 17, 2012 Page 3 Tjossem asked why the MOU is between the town and the developer and there isn't an agreement between the town and the hospital. Is there a trigger that will include the hospital's guarantee to insure the helipad placement and other commitments. Art Kelton, a VVMC board member, read a letter into the record from the hospital regarding their support and commitment to get the medical office building project built. In the letter, the hospital stated they are excited to be partnering with Steadman - Philippon in the project,to continue to provide excellent health care, have world class orthopaedic care and research, and to grow patient services. At their board meeting January 9, discussions included master plan use including moving emergency traffic off Meadow Drive, utilization of the freed up 35,000 square feet of hospital space that will be vacated by the Steadman group and locating a permanent helipad site. Daly asked about the timeframe for the master plan completion. Kelton said the RFP's for this process were going out the first week in February and a decision would be made by February 10. Kelton said the master planning process would take from twelve to eighteen months to complete. Rogers asked how long the master plan coverage would last. Kelton stated it would be a ten year plan. Daly asked if the hospital board authorized the purchase of the property. Kelton said yes, it was done at the January 9"' board meeting and the 10 -year plan insures making a long term commitment to the property and that it will remain a medical office building use. Any change in use of the building would require returning to Council for approval. The hospital and clinic are tied into this zoning. Kelton said the hospital understands. Cacioppo said he is concerned that taxpayers are footing the bill for a medical building. He said transparency is key and he wants paper packets on the items in front of Council at the back of the room. He said he was out of the room when the Council discussed paperless packets earlier. He feels the town is giving away town property and not at top dollar. He urged Council to table the decision. Daly said this project and process has been going on for nine months. Tjossem said the agendas are posted the Thursday before the meetings on the town's website and at the town offices. She encouraged the public to open up the documents before the meeting. Daly said an appraisal has been done on the property and will be available after today. He said it wasn't released due to negotiations in process. The Council has researched this and there have been two separate phases done with the town and the other parties. He said Council is convinced that principal source of business comes off Vail mountain and the second most important business is the medical business. He said the town is trying to assist our partners to grow the medical business as well as the destination medical business. The hospital is land locked and the town doesn't want the hospital or their partners to leave Vail. This is the best investment Vail can make. The town building is over 40 years old and is in need of replacement. This is an effective way for the town to replace the town hall that will provide more public space and better office conditions and reliable building for operations of the town's business. Town Council Meeting Minutes of January 17, 2012 Page 4 Jim Lamont, representing the Vail Homeowner's Association, said he assumed the town attorney would remind everyone that this is a quasi judicial body and that the Council has specific responsibilities to follow the review processes. There is no guarantee that the project would be approved. The project was a concept until the town had done their due diligence. He said the specifics of the project need to be thoroughly vetted before moving forward. He said the master planning process by the hospital will need to include loading and delivery, trash containment facilities, traffic, employee housing, etc. Peter Milled, a Steadman physician, has been part of this process and thanked the Council for their willingness to look at this proposal. He said the Steadman group is 100 percent fully committed to this project. Cacioppo said he wanted it disclosed that Ruther's wife works for the Steadman group and it appears to be a conflict of interest. Ruther said his wife has been an employee of the Steadman - Philippon group for twelve to thirteen years. Mire said the conflict of interest term is being used cavalierly and there is not a conflict of interest that legally exists. Zemler said he has been to every meeting between the parties and Ruther has represented the town fairly and well and has not expressed any self interest at all. Daly said the project has gone through many phases of discussions and has been in discussion for many, many months. Zemler said turning the property over to a private business needs clarification. He said the building gets segments condominiumized and the hospital is responsible for 40% of the building. This should give the community a level of comfort that the hospital has a significant anchor of ownership and the Steadman group will be staying. Moffet asked if the concerns addressed by Council have been addressed and if the MOU could be approved without further amendments. Daly said there were several items that needed to be clarified including the helipad is subject to PEC approval; the purchase price necessary to cover construction costs for the parking garage would be put in escrow and the rest of the funds released to the town; the fee for construction services to be paid by the town will be negotiated by the town and Triumph Development and adding a closing date. He reiterated that this is a nonbinding MOU. Charlie Craven, Chief Financial Officer with the VVMC, said the intent from the hospital is that they would want a ten -year lease with the Steadman - Philippon. The only tenant is the Stead ma n-Phil ippon Research Institute. He said Howard Head is owned by the hospital. Ruther discussed the finance options that were in the memorandum. He said there were three financing options: 100% Certificate of Participation's (COP'S); 100% cash; or 50% COP's and 50% cash. He said the comments from Council at the January 3 meeting suggested they wanted the minimum amount of time necessary to keep the costs down. Ruther said the COPs /Cash option could be manipulated to different percentages of each. Camp said she would take questions from Council as Ruther explained the options pretty well. She said if the town used cash funding, there would be sufficient funds to protect the town Town Council Meeting Minutes of January 17, 2012 Page 5 from shortfalls in revenue. The town's philosophy is to have 25% of revenue in the general fund balance. Daly said investment opportunities are tight and COPs may be the most appropriate way to go. Tjossem asked what the costs for relocation of town offices will be. Ruther said $850,000 has been allocated to move, rent and move back into the new building. This cost is included in the figures discussed. Rogers asked if the $15 million included a two or three story building. Ruther said it only included 18,000 net - usable square footage within 20,000 gross square feet. The space configurations can be arranged in a number in different ways. The cost for another level with 8,000 square feet plus underground parking required for that space would be an additional $4.6 million or approximately $575 a square foot. Ruther stated the space allocations for meeting space is larger. He said questions asked by Council at the last meeting were answered in the memorandum. Daly asked this topic be on a future work session agenda so the Council can get comfortable about the spaces. Donovan said the solution for the recycling was good. Cacioppo said he believed the meetings held to discuss the sales price were closed meetings. His understanding of the state statute is when purchasing property, going into executive session is appropriate, but when you are selling land, it's not appropriate. Mire cited the state statute that allows for meeting in executive session and every meeting that was held was in accordance with the state statutes. Ruther said they are looking for general direction to find the best financial outcome for the town. Rogers made a motion to approve Resolution No. 6, with the amendments as recited by Daly previously (including the helipad is subject to PEC approval; the purchase price necessary to cover construction costs for the parking garage would be put in escrow and the rest of the funds released to the town; the fee for construction services to be paid by the town will be negotiated by the town and Triumph Development, and add a closing date) and Foley seconded the motion. Foley said the Council will be getting public input from the community. Tjossem asked the community to please sign the letters so the comments submitted could be made part of the record. Daly said the master plan will be a very involved process and will address issues brought up by Lamont. A vote was taken and the motion passed 7 -0. The eighth item on the agenda was adjournment. As there was no further business, Foley made a motion to adjourn and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7 -0. The meeting adjourned at 7:46 p.m. Town Council Meeting Minutes of January 17, 2012 Page 6 bmitted, Andrew P. Daly, Mayor Attest: Donaldson, Town Clerk SR Town Council Meeting Minutes of January 17, 2012 Page 7 Vail Town Council Meeting Minutes Tuesday, February 7, 2012 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 Andrew P. Daly. Members present: Andrew P. Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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 Ordinance No. 1, Series of 2012, an ordinance approving a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a rezoning from Ski Base Recreation District to Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. Daly stated this agenda item was moved up to the beginning of the meeting as it has a lot of community interest and the applicant sent a letter requesting this item be tabled to the February 21, 2012, public hearing. Daly said since the Republican Caucus was also being held this evening, he moved the item up from being heard eighth on the agenda to the first item to be heard so people could get to their meeting. Moffet made a motion to table first reading of Ordinance No. 1, Series of 2012, to the February 21, 2012, public hearing and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7 -0. The second item on the agenda was Citizen Participation. Dominic Mauriello stated he was representing three clients: Timberline /Roost Lodge, the Cascade Residences and Strata Vail project. His clients are asking for an item to be added to a future Council meeting to consider a request to extend deadlines for their approved projects as the deadlines to build are expiring. Rogers asked when the expirations for the projects were occurring. Mauriello stated some of them begin to expire five months from now. Mauriello said the clients would like to request extensions from three to six years. Daly said staff will add it to a future agenda. The third item on the agenda was the Consent Agenda. The consent agenda items included the following: Town Council Meeting Minutes of February 7, 2012 Page 1 1) Resolution No. 8, 2012; Subway Agreement - Matt Mire 2) Resolution No. 9, 2012; Intergovernmental Agreement (IGA) - Bald Mountain Berm /Eagle River Water and Sanitation District (ERWSD); 3) Resolution No. 10, 2012; IGA - Underground Electric /ERWSD; 4) Resolution No. 11, 2012 IGA Amendment - Matterhorn Bridge Replacement/Colorado Department of Transportation (CDOT); and 5) Employee Housing Unit (EHU) Exchange Approval - Nina Timm. Donovan wants a summary report to be attached under consent agendas. Kim Newbury, a representative of the Vail Local Housing Authority (VLHA) said the VLHA discussed the need to change the current policy on bundling exchanges and that the ordinance doesn't currently allow. Moffet made a motion to remove the Employee Housing Unit Exchange (Item #5) from the consent agenda and Donovan seconded the motion. A vote was taken and the motion passed unanimously, 7 -0. Moffet made a motion to approve the consent agenda, Resolution Nos. 8, 9, 10 and 11, Series of 2012, and the motion was seconded by Donovan. Foley said he would be voting against approving the consent agenda due to Resolution No. 8, the Subway agreement because the town was paying too much. A vote was taken and the motion passed, 6 -1. Foley opposed. Further discussion ensued on the EHU exchange. Nina Timm, Vail Housing Coordinator, explained the exchange and why the applicants wanted to bundle the exchanges. She said there are two different exchanges. She said the exchange on 252 West Meadow Drive is totally separate. Tjossem made a motion to approve the 252 West Meadow Drive EHU exchange and the motion was seconded by Moffet. A vote was taken and the motion passed, 7 -0. Timm explained the bundling was done to exchange the non -or- under - performing EHU's and to provide more achievable, performing EHU's. Further discussion ensued as to the square footage exchange and town policies regarding this topic. Moffet made a motion to table the portion of the item regarding bundling of EHU's and the motion was seconded by Foley. Timm asked that the EHU bundling be tabled to the next meeting on February 21, 2012. Rogers said if a delay is causing harm to the applicants she doesn't want to delay the vote. Dominic Mauriello, representing the applicants, said it would create a burden as some of the owners have set other things in motion, i.e.; closings that will be impacted if this item is tabled. He requested the Council move forward with the vote. He said the bundling concept works as the town will get more square footage for exchanges than is currently required. A vote was taken and the motion was tabled, 5 -2, Tjossem and Rogers opposed. The fourth item on the agenda was Proclamation No. 2, Series of 2012, "One Book, One Valley." Daly read the proclamation into the record. Town Council Meeting Minutes of February 7, 2012 Page 2 Lori Barnes, Town Librarian, stated this was a valley -wide reading program initiative called One Book, One Valley which was sponsored and supported by the towns of Vail, Avon, Minturn and Eagle. This will encourage literacy and the shared enjoyment of reading throughout Eagle County. She said the author of "Doc" will be coming to Eagle County in March. Daly thanked Barnes and said she worked with all the Eagle County libraries to get this project off the ground. Moffet made a motion to approve Proclamation No. 2, 2012, and the motion was seconded by Rogers. A vote was taken and the motion passed, 7 -0. The fifth item on the agenda was the Town Manager's Report Stan Zemler, Town Manager, reviewed the current status of the Vail Transportation Center (VTC) and the Shuttle/Taxi /Limousine Services. Council had asked staff to take a look at the use of the limousine (limos) and shuttle /taxi services at the VTC. He said he took an objective look at this issue and did a site visit to the VTC. He said limos play an important role in our transportation services to guests. He said there are thirteen limousine services in Vail that can be used in lieu of taxicabs. There is a great distinction between the two services. Under the Public Utility Commission (PUC) rules and regulations, there are distinct differences in the way each service is licensed and operated. Limos are supposed to be driven by a reservation system in which someone calls ahead prior to the ride. He said there has clearly been conflict between the limo drivers and the competition. It is the town's job to help regulate this particular service. A number of issues have been raised over the past year. There are temporary parking spots to the east of the VTC and there have been nine different spaces designated in the evening for limos. He said one of the requests was to allow for larger limos to be on the top deck in the east area near the information center and they didn't fit well in the designated spaces. There are two opportunities for limos to go to the north and east side of the VTC. Since parking is free after three, there is also parking available inside the gates of the top of the VTC. The town has done a pretty good job finding space for the limo services. The town doesn't have the land to have more spaces allocated for the larger limos. Zemler addressed the issue that Levine raised regarding the guests locating the limos. He said since a reservation has to be made, it's reasonable that the limo company would tell their guests where to go to find the limos. There is also signage to direct people to the limos as well. Over the past year, the town has done a lot to try to help this situation. The sign with the limo companies on it was removed as it didn't have all the information for all the various limo companies. Zemler stated the sign should not go back up as people make a reservation for limo services. Limo companies can give their ridership directions on where to get picked up. Another issue is the conflict between the taxi companies and the limo companies at night. He asked Council if the town should have staff up there to mediate and use town resources or charge for utilization of those spaces. He said there is conflict due to differences of opinion on the rules and regulations between different businesses. The town has done a lot to make this circumstance work and provide opportunities for buses, taxis and limo services to work in a very congested location. Town Council Meeting Minutes of February 7, 2012 Page 3 Daly asked if the town has given the guests enough information to easily have a choice on transportation options from the guest perspective. Zemler said it's not perfect, but over the past year, the town has done a lot to help alleviate the issues. He said the conflict timeframe that covers the issue they are talking about is less than 10% of the time and are the hyper periods of time when there are big crowds during the season. Jonathan Levine, Hummers of Vail limousine owner, said a lot of what Zemler stated was true. He had handed out material to each Council member laying out his concerns. He said it's his company that parks in the parking structure "free after three spaces as the limousines are oversized and have found ways around the rules that have been laid out by the Police Chief. He stated the police department has issued three citations to his drivers regarding where the vehicles were parked by the Information Center. He said he doesn't want to have to train and educate people on where to get a ride in his limos. He also said he doesn't always have a reservation for each of his rides. He went through different signs he created that he wanted to use and scenarios of where to move the taxis so he could pickup guests at the Information Center. Mike Cacioppo said it was clear to him that Council or the Police Chief have no desire to solve this problem. He was happy to see some positive movement on this issue. He said this is a health, safety and welfare issue. Daly asked Cacioppo if he had some solutions. Cacioppo said he did. He said some of what Zemler said was a good start but needs more work. He didn't like the removal of the signs with the limo telephone numbers on it. He said it was absurd that there was a PUC law that doesn't allow for someone to pick a limo or a cab when they need transportation services. It was good that Zemler took the initiative to go out and review the situation. He requested the sign be put back up with all the limos and taxi numbers on it so guests and locals have a choice of who to contact. He suggested that space be made available for taxis since limos and vans have a spot at the Information Center on the VTC. The sixth item on the agenda was the vacancy appointment to the Vail Local Licensing Authority (VLLA). There was one qualified applicant, Michael Hannigan, who was interviewed at the work session earlier in the day. The appointment fills a vacancy left by a member, Cody Kennedy, who moved out of town and the term of the appointment ends May 31, 2012. Donovan made a motion to appoint Michael Hannigan to the VLLA and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7 -0. Foley thanked Cody Kennedy for his service on this board. The seventh item on the agenda was a Council update and request for comments on the revised Ford Park Illustrative Plan in preparation for submittal to the Planning and Environmental Commission (PEC). Todd Oppenheimer, Public Works Landscape Architect, presented an updated plan for Ford Park to Council. He is asking for Council's initial comments to the plan. He said this was a two part approval process. The first part is a Ford Park Management Plan update and then a concurrent development plan submittal for items that are considered to be funded. They will be going to the Planning and Environmental Commission (PEC) on February 27, 2012, for Town Council Meeting Minutes of February 7, 2012 Page 4 additional comments from that board. There was a public open house earlier this evening to get public comments. There was a productive stakeholders meeting earlier in the day with members from the Vail Valley Foundation (WF), Vail Recreation District (VRD), Betty Ford Alpine Gardens (BFAG), Bravo and town staff where the plan was reviewed in detail. The challenge is to balance the structured uses of the park with the natural aspects of the park, including the views, open space and Gore Creek. Staff will be back to Council on March 20, 2012, for a more formal request for approval on this project. Oppenheimer reviewed the power point presentation with Council. He said there was a two day workshop on Jan 8 and 9 with all stakeholders and members of the public to come to a consensus of what should be considered in Ford Park: operationally, aesthetically and functionally, etc. Daly asked how the new plans tie into the 1997 Ford Park Management Plan. Oppenheimer said a lot of things they are talking about were part of the 1997 plan and some of the items have been accomplished (i.e., the route across Manor Vail into the park is now ADA compliant, the route from Vail Valley Drive from the Nature Center into the park is also ADA compliant and the sidewalk from the west parking lot is a paved sidewalk and ends at the Vail Transportation Center. Daly asked what the inconsistencies are from the 1997 plan. Oppenheimer said the main inconsistency is the Welcome Center for the Betty Ford Alpine Garden. In 1997, the location for a garden center was contemplated at the soccer field and since then the BFAG board has moved away from that idea. Daly requested the 1997 plans be e- mailed to the Council so they can review them. Moffet asked the size of the soccer fields. Oppenheimer said they are collegiate lacrosse size fields. Mike Ortiz, VRD Director, said the two fields are 115 feet x 75 feet, which satisfies any level of soccer or lacrosse games, except Olympic size. Jana McKenzie, AECom, said Phase I of the plan is what they want to turn into a development plan. The main components are the fields, placing emphasis on making a nice, attractive entrance, and addressing the drop -off area. She said the team wants to resolve those issues and Betty Ford Way is a key component. The desire was to limit vehicle access to the lower bench. The circulation spine on the Frontage Road is key and will have a better entry for the BFAG Welcome Center. There is a separate path to the lower bench and amphitheater and connects to Betty Ford Way on the lower bench. She reviewed more aspects of the Ford Park plan with Council. Daly asked about a monument at the entry area. Donovan wants to see a low profile of the concession stand on the east side of the VRD fields so it doesn't interfere with the Gore Range views. Jack Zehren, with Zehren and Associates, reviewed the amphitheater portion of the park. He said Jim Morter, with Morter Architects, who is the original Amphitheater architect, is on the design team. He said as the amphitheater has grown over the years, and in the workshop they discussed how they can make the experience better. They discussed how to transition from one part of the park to another, improve the lawn seating, the will -call and ticket area improvements, the east entry area into the amphitheater, an overlook for smaller receptions, expanded restrooms at the east end and the main entry, architectural improvements to enhance Town Council Meeting Minutes of February 7, 2012 Page 5 the space and how to address the service and delivery area. Zehren went into more detail of the smaller reception area for functions that don't require the use of the whole amphitheater. Donovan is concerned they are taking away part of a used public space by moving it into a private area for the amphitheater. Oppenheimer said the space they are talking about is in the leased space of the amphitheater already. Zehren said to alleviate the need for trucks to go down to the lower bench, they are reconfiguring the area to have a turning space for the service vehicles. He also said they were working on creating a series of terraces to alleviate the problem of people sliding down the hill. Donovan said the travel areas on the lawn seating need to be looked at closely as there are so many people weaving through the crowds and they step on other people's blankets. Zehren said they are looking at what is the right balance of this issue. Tjossem asked if more trees were being planted to help with the sound issue between the amphitheater and the softball fields. Zehren said the experts said trees don't really help alleviate this problem. They are trying to balance out the visual aesthetics and the sound issues. Daly asked about the television screens in the amphitheater. Zehren said the idea is to locate them in the existing structure at a height for those in the amphitheater. They haven't gotten too much into the details and they will have to evaluate what works. Additional review of the power point presentation was discussed including Betty Ford Way, access points, the Ford family tributes, Morales sculpture, lower bench lawn, restroom relocation, enhancement of the playground, and use of the basketball court as a bike corral during major bike events, etc. Foley asked about the grading on the east side down to the amphitheater. Zehren said their goal is to be 7 %. Widening the path to accommodate the service vehicles and turnaround will also be recommended. Donovan said they need to be cognizant that building a large structure will take away from the Nature Center experience. Rogers asked about the deletion of ADA parking on the lower bench and how moving ADA guests down to the lower bench would be accomplished. Oppenheimer said this is part of future operational items to review that came out of the workshop. He said currently there are a lot of vehicles that go down into the lower bench. Some are accessing the ADA parking, dropping things off at the garden gift shop or the amphitheater. He said there are a lot of people who have the combination of the gate to get down to the lower bench. The idea to move the ADA spaces was a derivative of what the amphitheater is already doing. They use a golf cart system instead of using the vehicle access to the lower bench. He stated this change has operational costs associated with it. One suggestion is to expand the internal shuttle system and use a 'trolley system. The idea is to expand the services through the summer months and run about ten hours a day. When the total costs are added up, it doesn't seem like a lot of money. The town makes a contribution to all the stakeholders and it wouldn't be out of the question to fund this system with the money already being used to fund Ford Park user groups. He also discussed Betty Ford Way, the central spine entry, the BFAG center building which would be no larger than 2,000 square feet Town Council Meeting Minutes of February 7, 2012 Page 6 and would be a permanent home for the garden offices, and streetscape improvements near Gore Creek. Tjossem asked if they are looking into using Ford Park in the winter and having it be more a year' round experience and have a snow shoe trail in winter instead of just a four month amenity. Oppenheimer said they haven't looked at that at this time but it's a great idea. Donovan said the Gore Creek stream health is of great concern to the Council. There is still vegetation needed in this area and this is a predominant way to improve stream health. Oppenheimer said they have the same concerns. Donovan said they need to be careful about putting this concept into the plans as it may be an assumed approval by the public. Oppenheimer said they are trying to incorporate and expand the temporary art program into the park. They are also trying to expand the garden feel throughout the park by adding more garden areas to the park. Programming for lower bench restrooms and athletic field restroom upgrades and additional maintenance requirements are being reviewed. He said the operational design directives will focus on enhancing and expanding the transit services to the park; the "trolley system" to restrict vehicle access to the lower bench; the lower bench turf area is sacred ground; and an inter - agency management plan on how to manage the park. Tom Braun, Braun Associates, said his job was to work with all the stakeholders and bring the project through the entitlement process. He said they will be proposing an amendment to the Ford Park Management Plan. He said most of the things can fit into the current master plan but the BFAG Center doesn't, so they will be proposing an amendment to add this to the master plan. He went through the schedule for getting this project through the development review process during the next few months. Daly said a few things were not discussed. He said there needs to be a comprehensive master plan update including the VRD offices, tennis support, as well as concerts on the upper east parking lot. He asked what the support is for usage long term and for increased use utilizing existing facilities of the park with convenient transportation. Moffet asked to be briefed at another time on the parking and shuttle system from last summer. He feels parking is highly problematic. Moffet asked how many parking spaces will be used for the helipad at the east parking lot. Zemler said the helipad eliminates three or four spaces temporarily. Daly gave an overview of Council concerns: pathways in the grass seating in the amphitheater; dealing with acoustics between the amphitheater and athletic fields; the size of the television monitors and how they are going to look; dealing with ADA access into the lower part of the park; winter uses; and signage on the northern entry. Council wants to see the inter - agency management agreement and costs and who will be covering what costs. Donovan said she has a list of concerns that include adding public input as a stakeholder at the stakeholder's meetings. She said this is a public use and the public needs to be part of the master planning process. She has a concern of the long term financial plan of the BFAG and Town Council Meeting Minutes of February 7, 2012 Page 7 the addition of a BFAG center as a year' round presence. She wants to make sure the BFAG is viable in the future before adding a permanent garden center to the park. Additional concerns included: on the conceptual drawing it looked like the bus shelter was removed from the drop off; the covered terrace is one too many buildings for an open space park; an additional pavilion may have additional interaction conflicts with other uses. She asked to have existing plans of the park with overlays of proposed changes, particularly in the east part of the park and front entry way. She said there were good ideas as well: the western bathrooms embedded into the hill are great, a Ford tribute is wonderful; and the redesign of the ticket office area is a creative solution. Foley said this is a park and he is song to hear of more buildings being built in the park. The buildings should be integrated into the berms and have as few of them as possible. He would like to see some buffer to lower the noise between uses. Tjossem said she is also concerned about the number of buildings. She said they had talked about integrating uses into fewer buildings and now everyone wants his /her own building. She wants to see less, as there are too many functions trying to be satisfied with too many buildings. She asked if the common park area of the lower bench being sacred ground meant that no tents would be allowed for special events and other uses. Oppenheimer said sacred ground meant that no permanent modifications or structures would be on that area. There will still be opportunities to have tents in that area. Tjossem said a lot of recreation folks think they are being pushed out of the park during the amphitheater special events. She said the bus transportation last year was a great first step. The town needs to ramp up the education of the bus service to the park so that all the users in the park know it's just not for amphitheater events but for all park users. Harry Frampton, board member of the VVF, said trying to alleviate the noise is a huge issue. Buffering the noise between the VRD events and the amphitheater uses is hard to do. The VVF hired good sound consultants who said there is no good solution. There are major noise problems between the 6pm and 8pm time slot for Bravo events. Highway noise is also an issue. There is no good sound solution. Moffet said it is inevitable that parking will be on the soccer fields for the 2015 Championships. He said the design team needs to factor that in when planning for irrigation. He stated the VRD events need a drop -off for their events as well. Oppenheimer said there is a passenger drop -off at the bus drop -off area. Daly asked if there was any public comment. There was no public comment on this item. The eighth item on the agenda was the contract award for the Vail Golf and Nordic Center Architectural Design contract award. Greg Hall, Public Works Director, said there is a recommendation to award the architectural design services for this project. He said the selection committee was made up of four members of the Vail Recreation District (VRD) sub - committee, the VRD staff, Town of Vail staff and Jack Hunn, who assisted in the selection process. They received twelve submittals from local firms, who also had local sub - consultants. The short listing was a difficult process. He said some of the major considerations were if the firms were committed to the remodel and budget; if they Town Council Meeting Minutes of February 7, 2012 Page 8 had previous mountain construction experience; who had experience with designing golf and Nordic facilities; and the design costs. The sub - committee's recommendation was to go with Zehren and Associates with design costs of $273,000. This is a premium of $30,000 more than the next bidder. He said Pierce Architects was in second place. Zehren and Associates has the experience as they have designed three or four golf and Nordic centers. Rogers said she has a problem with the recommendation as she has a desire to use local vendors when possible. She said supporting people living and working in Vail is important and is the right thing to do. She would rather the project award go to Pierce Architects as they have their offices in Vail and their bid is lower. She asked if there are specialized courses that are so unique that it would require an outside architect. There would have to be a good reason for her to approve this recommendation. Moffet said Council spent a fair amount of time on how to create economic vitality and one way is to support local businesses, particularly if they are the low bid. He is perplexed on why the sub - committee picked Zehren versus Pierce. Foley said he was on the committee to pick the architect. He said the committee is greatly appreciative of all the work Pierce has done. It was very clear the Zehren design was a step above. It was a unanimous decision from the subcommittee. They would work with the town to value engineer the project. Rogers said just because they've done it doesn't mean they are better as it isn't as technical as building a fire house. Daly said Zehren has put together a team that had more expertise and a better presentation. Tjossem said it was awkward for her as she was ill that day and wasn't there. Her preference has always been to hire local. However, it would be difficult to interject her opinion when she didn't sit through six hours of presentations. She has to trust the subcommittee's recommendation. Hall said Pierce Architects was bringing in an out-of -state golf architect to help his team. He said some golf club houses are designed wrong and don't function well. It doesn't mean that Pierce's design was not adequate as they used an outside golf architect to help them. Pierce offered a 15% discount on their fees, which makes the cost differential more noticeable. Both finalists had other consultants that helped give them a head start in the process. Zehren's team has two members that worked with the town two years ago on another clubhouse proposal. Pierce had a head start by working on the design prior to the RFP process. Both firms were able to meet the deadlines. However, the deciding factor came down to experience versus fees. Hall said the town will have a better value for their money with Zehren. There are more hours included with Zehren's proposal. Kurz said he has worked with Zehren and Associates on a number of projects and feels they have the knowledge and expertise to build a golf and Nordic center not only as a golf and Nordic center but as a place where other uses can be pursued by the town in the future. Their expertise is something that will be very productive for the town. Bill Pierce, Pierce Architects, stated he recognized his team doesn't have a lot of experience with golf course clubhouses. That's why they teamed with a firm in Atlanta that does golf course club houses around the world. They also didn't have expertise in commercial kitchens so they also engaged Laurie Assmussen, who runs Donovan Pavilion, to help look at all the aspects of a pavilion for circulation, views and other issues that needed to be addressed. The fees Town Council Meeting Minutes of February 7, 2012 Page 9 included all the consultants' time. He said this is really a renovation project, not a new build and is one of his team's specialties. Moffet asked where Pierce's office was located. Pierce said about 100 yards from the golf course club house. Zehren said he expressed his team's interest in the project and the other architects and consultants were in the audience with him. He feels they are part of the community as they have been engaged in the Vail community for many years. The melding together of the different disciplines to do a seamless kind of design is how they approached the project. Function and presentation; including the technical aspects, needed the right team members. This is a project they will put a lot of importance on. He said they have extensive remodeling experience including Manor Vail, which was one of the most difficult remodels they have ever done, where a building was put on top of an existing structure. They would like the opportunity to work with the town. Foley made a motion to authorize the Town Manager to enter into a contract for architectural design services with Zehren Associates for $273,000 for the Vail Golf and Nordic Center project and the motion was seconded by Kurz. Rogers is voting against this motion as the town is a government and there is a responsibility of the town to hire a local low bidder. She feels the price difference is significant. Moffet agrees with Rogers. Daly said he has great personal respect for both principals involved. It's important to have an experienced architect. He said the Council needs to support the vote of the selection committee. Donovan said this was a difficult decision, but will vote for Zehren as they had public support in the community and she can't go against the recommendation of the selection committee. A vote was taken and the motion passed, 5 -2 with Rogers and Moffet opposed. The ninth item on the agenda was a request to continue the Ever Vail major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the February 21, 2012, public hearing by the applicant. Moffet made a motion to table the Ever Vail major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011, continued to the February 21, 2012, public hearing and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7 -0. The tenth item on the agenda was adjournment. As there was no further business, Foley made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. The meeting adjourned at 8:52 p.m. Town Council Meeting Minutes of February 7, 2012 Page 10 itted, Andrew P. Daly, Mayor Attest: Town Council Meeting Minutes of February 7, 2012 Page 11 Vail Town Council Meeting Minutes Tuesday, February 21, 2012 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 Andrew P. Daly. Members present: Andrew P. Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Margaret Rogers Susie Tjossem Members Absent: Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Dick Neal, resident, stated he believes the Council and town staff have the best interest of the town at heart on the Municipal site project but he thinks the process that the project is going through is not in the best interest. He said not having a long range development plan from the hospital prior to the project being approved is backwards. He wants to see a development plan showing where the helipad will be permanently placed is important and the community needs to see it now. Neal said having the helipad on the hospital roof is where it belongs but that idea will bring out the NIMBY's (not in my back yard). He suggested the medical center move to the Timber Ridge site. And he suggested the town offices be moved out to the town's Public Works facility. He would like to see the town municipal site be redeveloped for commercial uses that would bring in more tax revenues into the town. Rich Brown, a general contractor in the Eagle Council area, said he has been here for over 40 years. He said there are known carbon monoxide problems at the Vail Trails Chalets. He has spent 200 hours of his time trying to get the town building department to address this problem over the past two years or so. In 2009, he told Mike McGee, Assistant Fire Chief, about the illegal and dangerous projects that were done without permits being pulled. McGee inspected and found legitimate concerns at the Vail Trails Chalets and in November of 2009, notified the owners that they had to change the venting of all boilers and water heaters. The plan was to be submitted to the town within 30 days. The plans need to be produced and stamped by a professional engineer, licensed and registered in Colorado. In the spring of 2010, the boilers and water heaters were installed without a professional engineer or design. Brown said Building Inspector Martin Haeberle approved the inspection of this project. Brown employed a mechanical engineer to get the town to address his concern that this was not done properly. Matt Mire, town attorney, stated the responses to Brown's concerns are of public record for the timeframe he is addressing. Town Council Meeting Minutes of February 21, 2012 Page 1 Jonathan Levine, owner of Hummers of Vail, handed out an email between Dwight Henninger, Police Chief, and himself. He said he will continue to come to council meetings until he meets with someone from the town to resolve the issues on the limousine and taxis at the Vail Transportation Center (VTC). He said this is a safety issue, not about the regulations of the taxis and limousines. He said he had contacted the Public Utility Commission (PUC), which regulates the transportation rules for limousines and taxis. A representative of the PUC was at the VTC last weekend and did an inspection. Levine said the companies in violation were severely fined. Daly said the town manager has committed to put up two signs and the town will monitor late night evening activities. Council has decided to take no further action until next fall. Levine asked if litigation was his only way to solve this issue. Daly said Levine needs to do whatever he feels is his right. Daly reiterated this issue would not be discussed further until next fall. Stan Zemler, town manager, said the email sent from Henninger was at his direction, as Henninger is his employee. Zemler asked Henninger not to spend more time on this issue. Levine said he would be back in front of Council in two weeks with the PUC report from last weekend. Michael Cacioppo said he wanted to know the process to call an election to overturn any Council decision on the municipal site project. He wants this project to go to the voters to allow the sale of any town property. Daly stated the Council has to agree to an election. Rogers pointed out that Cacioppo is not a resident of Vail. Daly asked if four Councilmembers wanted to direct this issue to the town attorney. There wasn't any support from the Councilmembers to direct the town attorney to move forward on this topic. Daly said the initiative and referendum process is part of Colorado law and any citizen can research and access the information himself. Cacioppo said the other issue he wanted to discuss was the limousine and taxi issue at the VTC. He went to the VTC to review how folks could access the limousines. He said the pickup area for the limousine service was in a terrible place. The second item on the agenda was the approval of the Consent Agenda. The consent agenda included the request to approve the meeting minutes of January 3 and 17, 2012. Foley made a motion to approve the consent agenda with a correction on the January 17th meeting to correct a typo, and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 6 -0. The third item on the agenda was the Town Manager Report. Town Council Meeting Minutes of February 21, 2012 Page 2 Greg Hall, Public Works Director, updated the Council on the Variable Message Signs (VMS) in town. He said the VMS have passed their useful life. Staff will continue to pursue replacements as is or through the Guest Enhancement and Wayfinding process through upgrades. He said software in the two signs at the VTC are not supported and will be turned off. Daly thanked the staff for getting as much use as possible out of the VMS. The fourth item on the agenda was a discussion and request to proceed through the design review process for a Public Safety Radio Tower. Dwight Henninger, Police Chief, requested the Council, acting as the property owner, to approve the use of town land for the proposed location of a new public safety radio tower located in the northeast corner of the police department building and authorize the application to move through the design review process. Henninger said in September 2011, the Vail and Eagle County public safety agencies migrated from the County 800 MHz analog radio system to the State of Colorado digital 800 MHz radio system. They joined the state system to save dollars throughout the County. The changeover resulted in a significant decrease in radio operational capabilities within the densely built -up areas of Vail Village and Lionshead. The system technicians had expected a minimal decrease in service but in- building coverage issues are much more severe than anticipated and have prompted concern for public safety personnel responding to incidents in core area buildings where up to a 48% reduction occurs. The experts have told staff the most effective solution to rectify this situation would be to add a radio repeater site in the Main Vail area and replace the current radio tower. Henninger asked the Council to authorize the proposal to proceed through the design review process to have this tower built. Several user agencies participate in this system. The communication center is at the same corner and will reduce the cost of the system. This is the best proposal for short and long term goals. Foley asked how much will this system cost. Henninger said this will not cost the town anything at this time. The funding will come from the county capital fund. The bids they are reviewing for the tower are currently less than $50,000. They still need to look at the costs for equipment needs and replacement. Kurz made a motion to have the public safety radio tower request proceed through the design review process and the motion was seconded by Donovan. Michael Cacioppo asked if this system will do anything for cellular service in Vail Village and Lionshead. Daly said at the last council meeting the town attorney was directed to work with Crown Castle to get an agreement with them for cellular service to increase the capacity and be ready by next November to dramatically improve the service. Henninger said the public safety radio tower sites are separate from the public cellular sites. A vote was taken and the motion passed unanimously, 6 -0. Town Council Meeting Minutes of February 21, 2012 Page 3 The fifth item on the agenda was the release of four deed restrictions from existing employee housing units, in accordance with Section 12 -13 -5, Employee Housing Unit (EHU) Exchange Program, of the Vail town code. Nina Timm, Housing Coordinator, requested Council authorize the Town Manager to execute the release of four deed restrictions at Crossview at Vail /1460 Buffehr Creek Road, Lot 10, Dauphinais Moseley Subdivision, Lot 6, Block 1, Gore Creek Subdivision /5114 Grouse Lane and Lot 5, Block 7, Vail Village First Filing /126 Forest Road in exchange for the deed restriction of four new units at Vail das Schone, Condominium A- 24/2111 N. Frontage Road, Unit A -24, Vail Wilderness Townhouses, Unit 1/2700, Larkspur Court No. 1, Vail Wilderness Townhouses, Unit 1/2700 Larkspur Court No. 3 and Meadow Creek Condominiums L- 3/2510 Kinnickinick L -3 in the Town of Vail. Timm said on February 7, the Council requested the proposed EHU Exchange be tabled to the February 21 Council meeting to provide the Council time to discuss the proposed EHU Exchanges to release four EHU's. In exchange they would deed restrict another four EHU's in Vail. She said the current square footage was a total of 6,532 square feet. The proposed new EHU units were a total of 6,622 square feet. She the square footage doesn't line up exactly with three units complying and one would not. She said the town wouldn't get as much square footage if each of the units came in separately. Timm said when they adopted the changes to the code last August, the staff didn't contemplate bundling. She said the town attorney has stated these exchanges comply with the town code as written. Timm stated at the January 24 Vail Local Housing Authority (VLHA) meeting, they didn't approve the bundling as the VLHA wanted a policy change and clear direction from the Council. The VLHA believed the bundling was a form of mitigation banking. The town code states no future credits will be given. The exchange units are providing an additional 90 square feet and there will be no credit given. The VLHA asked if Council believes bundling is appropriate and if the exchange is complying with the town code, they need Council policy direction and clarification to not change the code. Timm said staff is recommending approval of the four exchanges as proposed. Daly asked Timm to clarify that staff is recommending the Council make a policy change and not change the code. Timm said they shouldn't be amending the town code if they are complying with the fundamental regulations. Staff doesn't think they should be amending the town code. Tjossem asked if the town considers the number of pillows in the exchange. Timm said this is strictly a square footage program and doesn't consider the number of pillows. The new square footage of the units is much larger than the current EHU's so the number of bedrooms is larger and there are more pillows. Tjossem said it is the responsibility of people interested in the bundling exchanges to bring those exchanges forward. It is not staffs responsibility. Timm said staff would verify the existing EHU continues to comply with zoning and that the proposed EHU also complies with zoning. Donovan asked about the new deed restrictions and the exchange rates. She asked if the four units were unenforceable units. Timm said they are relatively new deed restrictions so staff Town Council Meeting Minutes of February 21, 2012 Page 4 needs to verify that the units are occupied. Donovan said she can no longer support these exchanges in general, as her understanding is this would apply to mother -in -law units or units that they couldn't enforce to comply with the deed restrictions. She feels they are pulling EHU product out of the market that fulfills an important niche in the community. She said they are taking away smaller, entry level units that younger professionals could buy as a permanent residence. She said this is an unintended consequence. Dominic Mauriello, Mauriello Planning Group, stated all his clients appreciated taking part in this process and they have been in the process since November 2011. Mauriello said none of these current EHU's are ever to be sold separately and were only occupied by renters. He stated the new exchange properties could be rented or sold. Tjossem clarified that Donovan was concerned that the ownership of free market units would be reduced for younger folks to buy. They would have deed restricted units on the market instead. Donovan agreed. Steve Lindstrom, a board member of the VLHA, said the changes in the EHU exchange program have been more effective. It has created a mechanism for more owners to take advantage of the exchange and to help get larger units into the occupancy pool. The VLHA realized some would be owned and some would be rented. The VLHA wants as many units as possible to be occupied. The VLHA struggled with the language in the code as sharing of credits was not contemplated the first go around. He asked the Council to give the VLHA clear direction for consideration of future projects. Daly asked Lindstrom what the disadvantages of bundling were. Lindstrom said he didn't know if there was a disadvantage. He said the program was originally "use it or lose it." But now it's just use it. They are getting usable units that are occupied. The VLHA doesn't have a comment on the criteria but they want clear, known policy direction and want clarification on the shift of the credits. Rogers made a motion to authorize the town manager to execute the release of the EHU's as submitted as it is consistent with the code and criteria, and with the appropriate findings on page three of the memorandum. The motion was seconded by Kurz. A vote was taken and the motion passed 5 -1, with Donovan opposed. The sixth item on the agenda was a request for Units 303/306 and Units 402/403 to proceed through the development review process with a proposal to construct and maintain private improvements (bay windows and deck) on the Town of Vail owned Hanson Ranch Road and Chute Road rights -of -way, generally located adjacent to the Mill Creek Court Building at 302 Hanson Ranch Road, and setting forth details in regard thereto. Warren Campbell, Chief Planner, stated the Mill Creek Court Building was constructed in 1965 and the building footprint is less than one foot off the property in multiple locations. There are existing bay windows and decks located within the adjacent right -of -ways. These existing encroachments are located above circulation areas for the first floor commercial and landscaping and do not negatively affect the use of the rights -of -way for traffic circulation. He said Units 303/306 exterior deck extension and bay window will encroach into the town's right - of -way. In Units 402/403 the bay window would also be in the town's right -of -way. He reviewed the memorandum with Council including the survey. He said most decks and windows already Town Council Meeting Minutes of February 21, 2012 Page 5 in place are encroaching into the right -of -way above street level and these encroachments wouldn't affect the walkways either. He said the town's development review process requires all applications to have the authorization of the property owner. Since the subject private improvements are located on Town of Vail owned property, the applicant must obtain the Council's authorization, as property owner, before proceeding with the applications. Kurz asked if any of the encroachments are on ground level. Campbell said no. Daly asked if they had their homeowner's association approval. Campbell said the applicants have the homeowner's association approval. Sid Shultz, GPSL Architects, the applicant's representative, stated Campbell explained the project well. He said these improvements would help improve the building. The "Troy" sign would be relocated to the end of the deck. Tjossem asked when the other bay window was installed. Schultz said it was done in 1988. He said the new bay windows are close to what is presently there. Daly asked if the windows proposed are larger or smaller than what is already there. Schultz said the bay window was seven feet wide and the flankers were three feet. Kurz made a motion to proceed through the development review process as submitted and the motion was seconded by Rogers. A vote was taken and the motion passed, 5 -1, Donovan opposed. The seventh item on the agenda was the first reading of Ordinance No. 1, Series of 2012, an ordinance approving a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a rezoning from Ski Base Recreation District to Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part B of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. Donovan recused herself from this item even though she doesn't have a conflict of interest by definition but is intimately involved with this organization and does not think she could hear this item without being biased. Rachel Dimond, Planner, reviewed the power point and memorandum with the Council. She said on January 30, 2012, the Planning and Environmental Commission (PEC) held a public hearing on a proposed rezoning of the Ski and Snowboard Club Vail (SSCV) from Ski Base Recreation District to Ski Base Recreation 2 District and has forwarded a recommendation of approval for the amendment to the Council by a vote of 42 -1 (Rediker, Pierce opposed, Cartin recused). On February 7, 2012, the Council continued the first reading of Ordinance No. 1, Series of 2012, to the February 21, 2012, public hearing. She went through the basics of the process with Council. Rogers asked if any residential units could be developed on this site now. Dimond stated no residential units could be on the SSCV site now as the Golden Peak Lodge property has all the residential units that were allowed on their site. As a result, Ski Club Vail wants to redevelop and rezone their property, not related to the VRI site at Golden Peak. The applicant approached staff to get guidance on what processes were appropriate to move through the development process. Dimond said rezoning doesn't always have the development plan Town Council Meeting Minutes of February 21, 2012 Page 6 included at the time of rezoning. She reviewed the differences between the Ski Base Recreation District zoning and the Ski Base Recreation 2 District zoning. The property is currently legally nonconforming and with the rezoning they would become a legally conforming lot size. She said the proposal is in line with the development criteria and the master plan. Any other issues, including traffic issues, will be addressed in the future during the development plan review process. Rogers asked why Rediker and Pierce opposed the rezoning. Dimond said Rediker stated he couldn't adequately review the criteria without a development plan. Pierce wanted to see a development plan as well. Tjossem said if the zoning is changed, the applicant will still need to go through the development process and have impact studies done. The zoning is completely separate from the development plan. Daly asked under the current town code, in a situation like this, can the town make a choice to require a development plan as part of the zoning process or after the zoning process. Dimond said it doesn't require the applicant get approvals of the zoning and development plan simultaneously. Daly asked Ruther what the general process has been to require a development plan prior to a zoning change. Ruther said it depends on the size of the development. He said Mountain Plaza came in with thirteen applications. This project is smaller than most. There are a number of factors and it depends on whether the change in zoning affects the development plan. They need to know what is allowed by the zoning district. Rogers clarified that the applicant needs to have the zoning in place so they can comply with the zoning before the development process is done. Daly stated the town received a lot of emails and letters from citizens that were concerned with traffic issues near SSCV and Golden Peak. He said the traffic issue is not going to be resolved by SSCV alone, but will have to be addressed by SSCV, Vail Resorts (VRI) and the town. Ruther said in Sub -Area 10 in the Vail Village Master Plan, regardless of zoning on this property, one of the criteria is compliance with the Vail Village Master Plan. It obligates the owners to evaluate impacts during the development review process. Tjossem asked if the SSCV has any leverage to get VRI to help solve the traffic issues. She said Council should get the partners together and figure out the traffic issues and mitigation of traffic in this area between the town, VRI and SSCV. Ruther said at the PEC meeting it was evident that everyone is aware the master plan needs to have a traffic plan. Ruther said this is a bigger issue to tackle than just for SSCV. He said regarding mitigation of development impacts, SSCV would only be obligated to address their traffic impacts, which is a small portion of the traffic issues in this area. Rezoning the property as suggested by PEC would help direct SSCV to move forward and help mitigate the traffic concerns collectively in the process. Daly said the operational plan obligates VRI to join in the conversation to help mitigate the traffic issues. Rogers wants to know why a development plan is not part of this process. She said this is a critical location. She is uncomfortable with this process. She said if the development plan is approved, it doesn't matter what the zoning is. If they do like the development plan, the Town Council Meeting Minutes of February 21, 2012 Page 7 zoning will be changed to accommodate it. She wants to see a development plan now as this is an important project for the town, community and neighborhood. Tjossem said changing the zoning would force the issue of addressing the traffic issues prior to the development plan. By rezoning, it forces all partners to come together to fix it. SSCV is being forced to spend money on a development plan that may or may not ever be approved if the traffic plan is not approved. Why put the burden on the SSCV at this time. Rogers asked if that is true. Ruther said there is an operation and management plan for Golden Peak ski area. There is enough information forcing this issue to be addressed. Rogers asked if rezoning triggers any process that would require the traffic problem be addressed or would a development plan trigger a need to address the traffic concerns. Ruther said that neither rezoning nor a development plan will force the traffic issue to be addressed prior to the SSCV redevelopment. Tjossem asked why the operation and management plan isn't being enforced. Ruther stated the rezoning will trigger impacts and elevate this to the forefront. Daly said if this rezoning isn't approved, there is a much greater risk that SSCV does not redevelop their property and thus doesn't tee up a discussion on the traffic issues. Additional discussion ensued. Tom Braun, with Braun Associates, and representing SSCV, said whatever happens to this project, the SSCV is willing to participate in traffic discussions and solutions. He said the quirks and nuances in the zoning, without knowing what the zoning is, is a risky operation for a building design. Aldo Radumus, Executive Director of SSCV for ten years, said they began with less than 100 competitors and 15 staff in the 80's. Now they have more employees than they had kids back in the 80's and have 500 kids in club. Growth of the organization has grown as same rate that the population of the county has. Several initiatives have been done with the club house over the years, including a pass through lane. Currently they have completed the first phase of an early training environment at Golden Peak and provide the opportunity for early season training. They also draw teams to Vail to train in November. Over 60 teams have come from around the world to participate. He reviewed several initiatives the SSCV has done and what they want to do in the future. He said the coaching staff, academics and training have all come before redevelopment of the SSCV club house. Daly asked if moving the academy down to Minturn has changed traffic patterns. Radumus said the daily schedule has eliminated one half of the pick up and drop off traffic during the week. There is no change to the traffic on weekends. Tiffany Hoverstein, the Chief Financial Officer of the SSCV, said the SSCV has locker space for less than 15% of the kids (60 out of 500). She reviewed how the SSCV has grown, and that the facility does not accommodate the current needs of the club. She said the SSCV has many positive impacts to the community. Braun said the space is terribly undersized and not adequate at all. They would like to redefine the building program: the lobby entry, assembly room, locker space, modest administrative area and the coach space. The applicant wants structured parking as well as two condominium units Town Council Meeting Minutes of February 21, 2012 Page 8 on the upper floor. He discussed his memorandum in more detail with the Council. This request allows for a new zone district to help stage the next steps of the development process. Braun said there were common themes in the letters received from the community which included the traffic issues and wanting to see a development plan. He said the SSCV facility is located at the base of the largest ski area in the country. There is going to be congestion. They want to be part of the solution. He said changing the zoning is a first step in the process. He referenced the letter from the Vail Village Homeowners Association stating the review process, in practice, requires a development review plan. He said the PEC did not act arbitrarily. He stated several projects were done in the past without a development plan prior to the project being approved. He said some of the comments were misstated. He said he went through past project files and said Timber Ridge, the Evergreen Lodge, Vail International and the Sonnenalp are some projects that were rezoned and reviewed without a development plan. He said approving the rezoning is not a right of the club to be redeveloped. It allows for an opening for the SSCV to see what can be redeveloped on the site. He asked the Council for consideration to approve this rezoning. Jim Lamont, representing the Vail Village Homeowners Association, asked to have the development standards read into the record for this zone district as well as different uses. Dimond reiterated the uses and the differences for this zone district into the record. Ruther said a comparison table and a PEC memorandum describing the development standards for this zone district. Lamont also wanted to have the development standards read into the record. Dimond said these standards are in the memorandum that was submitted. She read the standards into the record for the public. Additional discussion ensued. Lamont said VRI had a comprehensive plan in place that has not been enforced. Daly said the Council is not going to address the Golden Peak comprehensive plan that VRI did at the evening meeting as it didn't apply to the SSCV application. Daly said the project is trying to go through the process and is in diligent hands for review. It will be reviewed to meet the needs and requirements of the applicant and community. Michael Cacioppo questioned who owned the land that SSCV is on. Daly said Golden Peak is on land owned by VRI. Braun said the SSCV owns their property. Stephanie Willitsey, a Vail Trails East owner, and said she is concerned about children crossing Vail Valley Drive to go to Golden Peak due to the traffic issues. Diane Mulligan, manager of Rams Horn Condominiums, reiterated their concerns regarding traffic and the safety of pedestrians. She is concerned there is a master plan in place but it is not being enforced. Kaye Ferry read the letter she sent to Council prior to the meeting stating the traffic is a dangerous problem and safety is a concern. There is too much traffic as it is. Bob McCleary, general manager of Manor Vail Lodge, said traffic needs to be addressed. Not knowing the conceptual idea of what the building will be in height and scale and how it comes together are concerns for the Manor Vail owners, as are pedestrian and traffic impacts. They want to see a development plan of what that building might look like and how high it would be. Town Council Meeting Minutes of February 21, 2012 Page 9 David Viele, board member of SSCV, discussed what the vision of the SSCV is and said the development plan would be costly. The SSCV doesn't want to spend the money for the development plan if they don't have to right now. The SSCV is interested in helping to solve issues in the neighborhood. Jim Lamont, representing the Vail Village Homeowners Association (VVHA) said they want to see the SSCV redeveloped and have a successful program to promote ski and snowboard racing. The community loves the SSCV racers. The VVHA's primary concern is to do the project right. If other people have to put money into the project, then that should be done. Kurz made a motion to approve first reading of Ordinance No. 1, Series of 2012, and Foley seconded the motion. Further discussion ensued. Tjossem said she is voting in favor as it is the only way to get the community together to solve the traffic problem and get this process going. Rogers said she is in favor of SSCV redevelopment as the current facility is very inadequate. She said there will be a lot of opportunities for the community, neighbors, PEC and the Council to have input. Daly said significant issues have been raised. All who utilize Golden Peak will be involved. Kurz made a motion to amend his motion to approve first reading of Ordinance No. 1, Series of 2012, with the addition of the findings in the staff memorandum and the amended motion was seconded by Foley. A vote was taken and the motion passed, 5 -0 -1, Donovan recused. A five minute break was taken at 8:38 p.m. The eighth item on the agenda was the first reading of Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12- 3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner, said the discussion was to introduce the proposed new WT. Final action on the proposed ordinance and resolution will be requested at a future public hearing. This ordinance is a new one this year as the application from last year was withdrawn. He said all properties were platted as townhouse properties, currently zoned High Density Multi - Family (HDMF). The existing townhouses have a lot of nonconforming issues. A work session will be held to reintroduce this project to Council. Most units are nonconforming. The other nuance is there are two types of plats for this property. Some units have been condominiumized and others are individual development sites. Units 1 -6 and 7 -14 are different from each other. There are a lot of inequities and inequalities to this project. Gibson said the three goals for proposing the new zone district are: streamline the development review process by establishing a new zone district to specifically address townhouse properties, which reduces legal non - conformities and the need for future variances; create incentives for Town Council Meeting Minutes of February 21, 2012 Page 10 redevelopment of existing townhouse properties; and preserve the existing residential character of the townhouse properties and the neighborhood. He discussed the changes from the current zoning of HDMF to VVT and discussed the design guidelines. Rogers asked what the difference was from last year's application. Gibson said the difference is that there are design guidelines this time. He said parking is a big part of this application. Rogers asked if getting the parking off the street and into the buildings would mean the units would have to be built taller. Gibson said PEC discussed this possibility but that requirement would change the appearance of the neighborhood. Donovan asked if there was discussion on privatizing the street. Gibson said that is a very complicated issue. He said that would have to be a separate plan review process. Gibson said the guidelines address uniformity and consistency. The building owners need to pick one or the other, either to be different or similar to each other. There needs to be a consistent theme to the buildings. Architectural themes are a perception of units from bottom to top. The goal is to perceive the units as a row house development even if it isn't. He said there is no consistency to these units. A demolition /rebuild is not feasible for most of these owners. Each existing unit allows for an additional 250 square feet. He said in 2004, the gross residential floor area (GRFA) was changed again. He reviewed the purpose of the zone district, development standard changes from HDMF to VVT district and townhouse design guidelines. Gibson asked Council for feedback on this application. He asked the Council to table the first reading of Ordinance No. 2, Series of 2012, and Resolution No. 7, Series of 2012, to its March 6, 2012, public hearing for further deliberation. Daly asked the staff to do the computations between existing and proposed GRFA. Gibson said staff did an as -built condition analysis and proposed development analysis. Further discussion ensued. Tjossem made a motion to table the first reading of Ordinance No. 2, Series of 2012, and Resolution No. 7, Series of 2012, to the March 6, 2012, public hearing and the motion was seconded by Foley. Dominic Mauriello, on behalf of Mr. Galvin, one of the applicants, said the current ordinance is more restrictive and there are four additional options that wouldn't make an impact to those walking by the project. He said most of the lots are around 4,000 square feet. The Vail Trail's East and Vail Trail's West units are on a larger piece of ground. He encouraged the Council to take a look at his handout that shows additional options that could be considered. Models were brought in for the Vail Row Houses as they are now and what it might look like under new regulations. Rogers asked that the models be brought back to the next meeting. Jim Butterworth, one of the owners at Vail Trail's East and Vice President of the homeowners association, said he agrees with Mauriello about insuring access to parking where they park today. He said it would be difficult to redevelop if the properties are under the current zoning Town Council Meeting Minutes of February 21, 2012 Page 11 and can't build because they are legally non - conforming. He said the issue of parking is a separate discussion. John Dunn, representing the Bridgewater's, one of the unit owners, stated they have been part of this process since 2009 and are the only objectors to this rezoning as they are protecting their interests. Jim Lamont asked about the building envelope, GRFA, bulk and mass and design standards. Gibson said up until 2004, GRFA directed how big the bulk and mass were. A vote was taken and the motion passed, unanimously, 6 -0. The ninth item on the agenda was a request to continue the Ever Vail major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the March 20, 2012, public hearing by the applicant. Donovan made a motion to table the Ever Vail major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011, continued to the March 20, 2012, public hearing and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 6 -0. The tenth item on the agenda was adjournment. As there was no further business, Tjossem made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6 -0. The meeting adjourned at 9:46 p.m. bmitted, P. Daly, Mayor Attest: O F • Donaldson, Town Clerk �� • ' Town Council Meeting Minutes of February 21, 2012 Page 12 Vail Town Council Meeting Minutes Tuesday, March 6, 2012 3:45 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 3:45 P.M. by Mayor Andrew P. Daly. Members present: Andrew P. Daly, Mayor Kerry Donovan Kevin Foley Ludwig Ku2 Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Kevin Foley arrived at 4:07 P.M. The first item on the agenda was a discussion regarding naming of the Lionshead Welcome Center community space, setting policy and direction for management of the Lionshead Welcome Center community space including free and discounted use. Pam Brandmeyer, Assistant Town Manager, discussed possible names of the new Lionshead Welcome Center community space. She had a couple of suggested names. Tjossem said she wants a name that has historical significance to Vail as the 50`h Anniversary of Vail is coming up. Daly suggested the town make an announcement at the annual community meeting on March 13, 2012, that the town is looking for public input on naming this space with a historical name and the winner could receive a parking pass or something. Rogers asked if selling sponsorship rights to the name would give the town money for offering the community room to local community organizations for free and have the community room stand on its own economically. Rogers said it could be called "The Founders Room" and a group of founders could put together an endowment fund so iYs totally accessible to local residents. Tjossem said when the Lionshead Center was discussed with Henry Beer, every bench and chair could be purchased. Moffet said in the past the town has engaged firms and it didn't work out so well. Donovan said she is supportive of a community naming process. Kurz said the public naming is the way to go and if someone wants to have the room named after them it could happen. It would be available for naming rights for a considerable donation. Donovan is not comfortable selling the name. Kurz suggested the naming of the room should be for someone that is deceased. Daly said the town could begin using the name and open it to the public for use by the first part of May. Town Council Meeting Minutes of March 6, 2012 Page 1 Brandmeyer said the second part of the discussion was asking Council to set policy and fee schadules for the operations of the community room. She reviewed the memorandum and named the variol�s spaces in town that are rented for group use, managed by the town and by others, i.e. Betty Ford � Alpine Gardens, Vail Recreation District, and the rates for each. Brandmeyer stated that initial calls and inquiries would be used for smaller groups. The town sent out a Request for Proposal (RFP) last fall. The town received one response from Donovan Management (DM). The fees were based on actual use at Donovan Pavilion which is a much larger space. Those fees are out of the range for the community space use. She asked Council to give staff direction on how they want to proceed. They have gathered lots of great information over the years from the Donovan Pavilion as far as a process for free and discounted use and setting a rate structure. She stated there are written policies in place that help direct the management of Donovan Pavilion. The Donovan Pavilion subcommittee consists of Diana Donovan, Laurie Assmussen with the Donovan Management and Brandmeyer. Daly asked about the preliminary budget proposal by DM. Brandmeyer said DM is proposing 50 discounted uses per year at the Lionshead Welcome Center community space. Brandmeyer said discounted fees could mean as an example, a Vail non-profit would automatically receive a 31 % discount. If it's Monday through Thursday, there's another discount. The type of event is also reviewed as to whether cleaning fees and other fees are included. There is a list of criteria used to help determine if an organization qualifies for a discounted or free use of the Donovan Pavilion and that criteria could also be used at this space. Daly said it would be helpful for Council to see the criteria. He said under revenues there were fees regarding paid clients, discounted clients and management fees. He asked why the town would pay Donovan Management $50,000 to manage the space. Zemler stated the management fees for the Lionshead Welcome Center community center is based on Donovan Pavilion fees. Brandmeyer said the Donovan Management contract was negotiated around nine years ago. The proposal for the Lionshead Welcome Center community space was based on Donovan Pavilion's management policies and rates. She stated the Council now wants this community space to be run and priced differently than Donovan Pavilion than when the RFP was sent out. She stated there will be many other public requests for smaller groups to use the Lionshead Welcome Center community space for little to no cost. The Council could look at this space as being similarly used like the Town Council Chambers and the town's administrative conference rooms. Tjossem said the current proposal by Donovan Management should be taken off the table. There needs to be a renegotiated proposal with a different fee structure and operation structure. Daly said the Council that was in place when they approved the Lionshead Welcome Center wanted a proposal to have a break even point. Brandmeyer said that was in the RFP. Tjossem said the base management fee will drive the cost up. Daly said the space shouldn't go over and should generate revenue to cover the costs of running the space. Rogers suggested the town could create a position in-house to manage the space for $50,000. Town Council Meeting Minutes of March 6, 2012 Page 2 Brandmeyer said only one proposal was submitted to the town in November, 2011. Tjossem said . maybe the town should lump the management of the information center on the first floor with the management of the community room. Zemler said the town is trying not to hire full time employees at this time and paying additional benefits. He said if the Council desires, staff could revisit this item and build a case for having Donovan Pavilion Management run this space versus someone else. Moffet suggested Council keep in mind that the town can take this opportunity to hire a local small business to run this community room instead of bringing it in to the town business. If less revenue is being made, the management company needs to make money somehow. He asked staff and Council to take a look at what the objectives and policies are for this space and let somebody else deal with the pricing to effectuate that policy. Zemler asked Council what they had in mind for this space. Rogers gave examples of weddings, Boy Scout meetings and art shows. Brandmeyer reiterated that Daly requested staff have this space be revenue neutral and not to generate revenue. Rogers wants the space to serve the community. Moffet said there should not be conflicting policies. He said to shoot for a reasonable policy and revisit how it's supposed to work financially. Brandmeyer said she is hearing community first and anytime they are able, to fit in revenue producing events in befinreen. She said there could be a block of time during the week, like Monday through Thursday, that is either free or greatly discounted and have the weekends for revenue producing events to achieve a revenue neutral space. Moffet suggested an enterprise district and the district could include the Donovan Pavilion and use the revenue from Donovan to support the Lionshead Welcome Center community space. Judy Camp, Finance Director, said they could accomplish getting a revenue neutral space and offsetting the cost of the Lionshead Welcome Center community space with the Donovan Pavilion revenue without creating an enterprise district. Daly said in the beginning, the town may have to subsidize this space for a while. Foley stated for a small space, $1,200 was steep. Brandmeyer said occupancy loads are still being reviewed. Brandmeyer said she has received good direction from Council and staff will move forward to bring back revised information to Council in the near future. The second item on the agenda was Resolution No. 12, Series 2012, a resolution amending the 2012 Budget for the Vail Local Marketing District (VLMD). Kathleen Halloran, Budget Manager, said at the afternoon session the Council was informed of the VLMD request to amend the 2012 Budget of the VLMD. She reviewed the memorandum with Council. Daly clarified that the $146,000 they requested came from the VLMD and they achieved 70% savings in the budget and there is no additional impact on the town. Moffet made a motion to approve Resolution No. 12, Series of 2012, and the motion was seconded by Kurz. Foley said he usually wants money spent toward special events but the VLMDAC made a good point on how the dollars would be spent and will bring returns to the town. Daly said Council agrees that this will be successful in driving incremental business to Vail. A vote was taken and the motion passed unanimously, 7-0. Town Council Meeting Minutes of March 6, 2012 Page 3 The third item on the agenda was Resolution No. 13, Series of 2012, a resolution allowing for an administrative extension to the lapse of approval for certain approved development project approvals and setting forth details in regard thereto. George Ruther, Community Development Director, said on February 16, 2010, the Council adopted Resolution No. 6, Series of 2012, which allowed for the administrative approval of an eighteen month extension to the approved development plans for four projects. The administrative approvals for these projects will expire in the spring/summer of 2012. The extension, in essence, granted certain exemptions and all these projects are set to expire this spring. The owners have requested the town grant a three year extension with the same terms that were in place and granted at the time of approvals. This resolution allows for all the projects to expire on June 1, 2015, with some minor exceptions. There is an obligation that all the projects would comply with all building codes in place at the time they build the projects. Rogers said the building code standards need to be current to when they are built, not when they received the approvals. The changes are to allow compliance of life safety issues. Foley asked what happens if they come back in another three years asking for another extension. Ruther said it will depend on the sitting Council at the time of expiration. He said there are four viable projects that are in process. Daly asked how does the extension deal with inclusionary zoning. Ruther said employee housing requirements as approved now will still be part of the approvals in three years and the construction use tax exemptions end in year finro. The construction use tax and the on-site employee housing are exempted. Ruther said the inclusionary zoning would substantially change the project if they had to have employee housing on site. Greg Gastineau, with Timberline, thanked the Council for considering the extensions on these projects. He said the first extension was for eighteen months. Tjossem asked why there was a one time eighteen month extension and not three years. Ruther said at the time staff was optimistic about the projects being built and the reality is that it may not be another eighteen months before the projects can be built and so to prevent coming back in eighteen months, staff thinks three years is an appropriate time to allow for the market to catch up. Rocky Cortina, representing the Strata Group, thanked the Council for their consideration. They have spent the capital to get the building up to code. He said in theory, if their group had the capital, they could start building this summer. Mauriello said he represents applicants, Cascade residences, Michael Hecht and Steve Lindstrom, and said the applicanYs are supportive of this as well. Rick Pylman, representing the Cornerstone project, appreciates the efforts of Council and staff in recommending these extensions. Tjossem asked if this timeframe may mean there will be construction disruptions during 2015. Ruther said the expiration date is June 15, 2015. This allows the approvals to begin at the end of ski season and shouldn't be a problem. The start of construction would be in the summer. Moffet made a motion to approve Resolution No.13, Series of 2012, as read and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. Town Council Meeting Minutes of March 6, 2012 Page 4 The fourth item on the agenda was an update on the Lionshead Plazas Streetscape. Tom Kassmel asked Council to provide staff with direction regarding the Concert Hall Plaza Boiler Room and extending the streetscape along East Lionshead Circle. The Lionshead East Mall and Concert Hall Plazas Streetscape Improvement Project is budgeted for this year and is currently out to bid for construction. Two design issues came up during the final design process. The first is that the contemplated boiler enclosure for Concert Hall Plaza was not accepted by the Design Review Board as a stand alone building. The most practical location for the boiler enclosure is to relocate and build it into the base of the south side of the pedestrian bridge stairs. They would have to deconstruct and reconstruct the stairs and snowmelt the new stairs for safety reasons. The second issue is the significant increase in shuttle van use along East Lionshead Circle. In order to accommodate the number of shuttle vans, staff recommends extending the heated walk and a shuttle van pull-off lane along East Lionshead Circle. Both recommendations would require an increase to the project budget. He reviewed the memorandum and power point with Council in detail. Kassmel said the additional engineering costs to build were roughly around $150,000 to $160,000. Additional discussion ensued regarding the additional snowmelt extension and the estimated cost to build and maintain the sidewalks if the snowmelt system was extended. Kassmel said the estimated cost to add snowmelt would be approximately $60,000 to $70,000, plus approximately $2 per square foot for operating costs. Rogers asked if the snowmelt could be added later if they do not fund it now. Kassmel said the base bid is without it being heated. Included in the base bid are snowmelt mains that are stubbed out only. Moffet asked how much it would cost if it is not heated. Greg Hall, Public Works Director, said the cost to shovel this area, if not heated, and has to be hand shoveled and would be expensive. He said there is also a safety factor involved if this area is not kept clear. Kassmel said there is one other issue of the East Lionshead bus stop area. There was not additional shuttle use at the Lionshead Welcome Center bus stop area for the additional vans and shuttles. There has been an explosion of shuttle van uses. There are up to eight to twelve shuttle vans/buses using this site as the new hotels have their own shuttle buses and concierge vehicles. Seeing the influx of shuttles and the congestion, there needs to be a solution. He said in the Lionshead Master Plan, there was a plan for improvements to this area. There could be an extension of the shuttle lane by 230 feet or so to gain room for about eight shuttle vehicles. The cost would be around $750,000 which includes heating and the construction improvements. This could accommodate the existing shuttles. The staff could have discussions with the hotels and others that provide these services to get input and provide better guest services. Kassmel said there were about 173 shuttles in this area from 8:00 to 10:30 a.m. and from 2:00 to 5 p.m. Daly said there were two alternatives that the staff wants feedback on: one is about a$200,000 request and the other is $750,000 request. Donovan said the main goal was to solve pedestrian and vehicle conflict on the western end of the structure. Now the proposal is to line up all the vans on the east end of the new building and crossing the road there. She asked if there needs to be another solution as there is going to be another vehicle versus pedestrian conflict. Town Council Meeting Minutes of March 6, 2012 Page 5 Kassmel said there could be gates added to make people go to the crosswalks to cross the road. The reality is going to be difficult and if we are going to accommodate shuttles, we need to make a space for them. There are a lot of factors to consider including having the shuttles stop elsewhere. Rogers asked why the shuttles couldn't use the drop off in the short term parking inside the garage. Kassmel stated most of the shuttles buses are too tall to go in that area. To have the vehicles go on top of the parking structure doesn't work as the weight bearing load is too much. Donovan asked about the hotel vans dropping off their guests at the top of the new Lionshead Transit Center. Kassmel said the Lionshead Transit Center is about 1,400 feet away versus 900 feet if they drop off on Meadow Drive below. Moffet said he was on PEC when they discussed this issue in years past. He doesn't have a problem having the shuttles go to the Lionshead Transit Center on the Frontage Road. He doesn't want to exacerbate the traffic issues on Meadow Drive. He said the hotels that have sizable shuttles are on the town bus route. This may seem less user-friendly but most hotels are on the in-town bus route. The guests can take the town shuttle and have a shorter walk or take the hotel shuttle and have a longer walk. Rogers said the hotels should get more Suburbans to drop off their guests in the parking structure. She agrees with Donovan, as the whole idea for this area was to get traffic off the street and eliminate to the best we can pedestrian/vehicle contact. She said adding more snow melt encourages them to bring in more vehicles. She is not in favor of having the vans drop off in this area at all. Further discussion ensued. Kassmet said the Lionshead Transit Center is currently used for ECO buses and charter buses, plus future demand. Foley said the guests could use the elevator in the building to shorten the walk as well. Daly asked if Council wants to see a regulatory solution versus a capital solution for this area. Moffet said iYs been the policy to eliminate pedestrian/vehicle interaction and wants to see other solutions. Daly said Council is sending staff back to the drawing board for another look at alternative solutions, either regulatory or capital, for the shuttle accommodation. Daly summarized the three options for the boiler system and Concert Hall Plaza area: 1) take the recommended solution which included a boiler vault underneath the pedestrian stairs, rebuilding the stairs and snowmelting the whole area; 2) redo the Concert Hall Plaza sidewalk, including snowmelt, but not connect to the system to the boiler until a future date; and 3) delay or postpone the renovation of the Concert Hall Plaza sidewalk area until the town knows if we are going to remodel the Concert Hall Plaza building. Kassmel said staff wants to move fonNard with the second option which is to do the paver improvements including installing the snowmelt tubing, building the boiler shelter, but not connecting the system until a future date. Daly said there is another option, which is to appeal the PEC decision. He said staff could move forward with the landscape plan for this area but not move forward with the bus shuttle issue. Town Council Meeting Minutes of March 6, 2012 Page 6 Foley said the Landmark had a small utility building near this area. He suggested the staff could ask Landmark if the town could put a boiler there. Greg Hall said they could look into this option. Daly said there were now four alternatives. Daly directed staff to do more research and come back with more recommendations. The fifth item on the agenda was a Council dinner break until 6:00 p.m. Moffet made a motion to break for dinner and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. Council reconvened the evening meeting at 6:00 p.m. The sixth item on the agenda was Citizen Participation. There was no public comment. Daly reminded the community that the town's annual community meeting will be held next Tuesday, March 13, 2012, from 5:00 to 7:00 p.m. at Donovan Pavilion. He invited the community to attend as there will be several entities involved including Vail Resorts, the Forest Service, Eagle River Water and Sanitation District and the town staff to bring the community up-to-date with current and future happenings in town. Foley expressed the Council's condolences to the Douglas family for the recent loss of Morgan Douglas. The seventh item on the agenda was the approval of the Consent Agenda. The consent agenda included the request to approve the meeting minutes of February 7 and 21, 2012. Kurz made a motion to approve the minutes of February 7, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. Foley made a motion to approve the minutes as amended for February 21, and the motion was seconded by Kurz. A vote was taken and the motion passed 6-0-1. Moffet abstained as he was absent from that meeting. The next consent item was a request to approve an Employee Housing Unit (EHU) exchange. Donovan said she was going to vote against this exchange as she feels this program is having an unintended consequence of removing units from the free market. Rogers made a motion to authorize the Town Manager to execute a deed restriction release and to approve the request for an exchange of employee housing units, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Lot 1, Block 4, Vail Village Third Filing, in exchange for new deed restricted employee housing at Bighorn Terrace Unit No. 22/4237 Columbine Drive (1,500 square feet) and a fee in lieu payment of $1,443.90 (6 square feet x$240.65), and setting forth details in regard thereto. The motion was seconded by Kurz. Foley agreed with Donovan and said the Council needs to take a look at the unintended consequences of these EHU exchanges. A vote was taken and the motion passed, 5-2, Foley and Donovan opposed. Town Council Meeting Minutes of March 6, 2012 Page 7 The eighth item on the agenda was the Town Manager Report. Judy Camp, Finance Director, updated the Council on the town's new finance system with Council. She said it was moving forward at an accelerated pace to facilitate moving out of the current municipal building. She said this has been in planning to replace the system for 2012-2013. The AS400 is the current system and is housed in the lower level of the municipal building. She stated the moving costs and upgrades for the current system would be more than $40,000 and the system would still be inadequate for the town's needs. She said the new financial system will include automated time tracking, reporting capabilities and automated on-line payment capabilities. Daly asked if a request for proposal (RFP) had been done on this process. Camp said the staff looked into a couple of systems and requested the staff do a request for information versus an request for proposal (RFP). Daly asked if there were staff heading up this project. Camp said there are finro project managers: Mike Richards hired to be the consultant on software for the town through the IT department will head up the system and equipment perspective, and the co-project manager for the financial aspects is Kathleen Halloran. The current financial system is antiquated and doesn't meet the town's financial processing needs. The have at least finro systems they can review. She said there were three companies reviewed and one couldn't provide the basic needs of the town. She said there are no cost estimates at this time. The cost estimates and models will be done for hardware and software of the systems in the near future. The project managers will be looking at the whole cost of the finance system over time, including hardware and updates. The ninth item on the agenda was first reading of Ordinance No. 5, Series of 2012, an ordinance amending Section 3-3-2 ("Appointment of Board Members"), and Section 3-3-3, ("Membership; Terms"), of the Vail Town Code, relating to eligibility and terms of inembers of the Art in Public Places Board (AIPP), and setting forth details in regard thereto. Mire said there was a recommendation from the AIPP board and from Council's last meeting, to change the number of board members from eleven to nine; remove the required participation of Planning and Environmental Commission and Design Review Board members; change the qualifications of inembers to an interest or expertise in architecture, architecture criticism, education and history; and the terms from three-year terms to finro-year terms on an overlapping basis to be consistent with other town board terms. Rogers made a motion to approve first reading of Ordinance No. 5, Series of 2012, and the motion was seconded by Donovan. A vote was taken and the motion passed, unanimously, 7-0. The tenth item on the agenda was a request to table Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (V�/TH) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter Vll, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (V�/TH) District, and setting forth details in regard thereto. Warren Campbell asked Council to table to Ordinance No. 2, Series of 2012, the March 20, 2012, public hearing. Town Council Meeting Minutes of March 6, 2012 Page 8 Donovan made a motion to table Ordinance No. 2, Series of 2012, to the March 20, 2012, public �. hearing of the Council and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. Zemler requested a ten minute break be taken as there were many people who wanted to participate in the next three items on the agenda that were not in attendance yet. Daly announced a ten minute break at 6:15 p.m. The eleventh item on the agenda was first reading of Ordinance No. 4, Series of 2012, an ordinance authorizing the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, (the "Town Hall Property") to Vail MOB, LLC, for the purchase price of $5 million, and setting forth details in regard thereto. George Ruther, Community Development Director, said the first reading of this ordinance authorizes the Town of Vail (TOV) to enter into the agreement to sell and the Vail MOB, LLC to purchase a portion of the town municipal site. The TOV, in cooperation with the Vail Valley Medical Center (WMC) and the Steadman Clinic (SC), wished to redevelop and sell a portion of the town's property located at 75 South Frontage Road. To do so, the TOV, WMC and SC signed a memorandum of understanding (MOU), which in part, acknowledges the sale of a portion of town property, approximately one-half acre in size, and transfer that property to WMC and SC for a proposed purchase price of $5 million. The purchase price was established based upon a"value of use" appraisal completed for the property. The appraisal was done in August, 2011. One thing unique is this is based on proposed uses on the site not based on highest and best use appraisal. Pursuant to the terms of the purchase and sale agreement, the title to the property shall not transfer until such time as a building permit for the new medical office building is ready for issuance and a construction loan guaranteeing the construction and a completion bond guaranteeing the completion of the building is secured and ready for funding. He said the ordinance has a condition in it that states the staff will continue to work with the WMC and SC to consider a resolution to authorize the town manager to enter into the agreement. He said the MOU was signed by all parties on January 17, 2012, and it is time to move forward into the design and development phase of the project. Daly said there were two things that were a concern from the town's perspective. Council is positive about the town entering into this transaction for two purposes: the first is to insure that the WMC, the SC and the Steadman-Philippon Research Institute continue to operate within the Town of Vail for many years to come. The economic drivers indicate that the number two business is the medical, health and wellness business. The second purpose is to have the WMC in our community instead of moving down valley. The WMC, SC and the town have come up with a plan to house the SC, Howard Head and the Steadman-Philippon Institute in the medical office building. This project will insure these economic drivers continue to be part of our community for a long time to come. Moffet said this ordinance needs finro readings and a resolution to move forward. Ruther said the second reading is tentatively scheduled for March 20, and the resolution will be after the second reading. The resolution will be in front of Council within sixty days or maybe simultaneously with second reading. This will depend on the parties coming to terms on the purchase and sale agreement. Donovan asked about the decision regarding selling the land versus leasing the land. Ruther said there is a frequently asked questions memorandum (FAQ) packet on the town's website and at the back of the room with most of the questions asked by the community and Council. This FAQ addresses this Town Council Meeting Minutes of March 6, 2012 Page 9 question. He said the town's goal for financial success of this project was based on selling the property versus leasing the property. The goal was to see a successful project. Daly said the town will not have any interest in the medical office building and no interest in their debt. The new town hall will be built from the town's current reserves and the town is not anticipating incurring any new debt. Matt Mire, Town Attorney, said the purchase and sale agreement itself will contemplate conditions that need to be met prior to the closing, which is currently scheduled by March of 2013. Title to a portion of the property will not be conveyed until March of 2013. Lyon Steadman, Chief Executive O�ce of the Steadman Clinic, thanked the Council for their participation, hard work and interest in working with the hospital group. He said they are totally committed to this project and it will make a big difference to their future and allow them to grow. The need to continue the growth they have had to this point. They will have to spend $11 million before a shovel will go into the ground. They are solidly behind this project. Rogers made a motion to approve first reading of Ordinance No. 4, Series of 2012, and the motion was seconded by Moffet and Kurz. Rob Levine, General Manager with Antlers and a member of the Vail Economic Advisory Council (VEAC), said the VEAC is unanimously in favor of this project. He said it is personally gratifying and exciting that the Council has embraced a new idea to insure our future economic success. Daly said several letters and emails from the public, including one from Stephen Connolly, will be added to the final agenda packet to be part of the record. A vote was taken and the motion passed unanimously, 7-0. The twelfth item on the agenda was a presentation of the Town of Vail Municipal Office Design and Construction Document Project Selection Committee's recommendation for the award of a design and construction document contract. George Ruther said included in the packet was a recommendation from the selection committee for design and construction documents. On February 1, 2012, the Town of Vail released a request for proposals for professional design services in an open process to solicit responses for design and construction document preparation services. On February 17, 2012, Town of Vail received nine responses to the request for proposals for the Town of Vail. Following a detailed review and analysis of the responses, three design teams were selected to move forward and participate in an on-site interview process. On February 23, 2012, the selection committee held on-site interviews. Three design teams were interviewed and evaluated based upon the following criteria: extensive design experience with similar municipal office facilities; demonstrated ability to perform in the town's entitlement process; ability to advance sustainable design and energy efficiency strategies; completion of similar projects with similar challenges, solutions and coordination; availability to complete the project on budget and on time; a proven track record of collaboration with multiple stakeholders and teams; a competitive fee for the project; and local preference provided the team is qualified and competitive. He said this was a competitive process and Oz had experience working on similar projects and complexity. The team assembled, the team finishing on time and coming forth with a sustainable Town Council Meeting Minutes of March 6, 2012 Page 10 project were considerations as well. The design selection committee also took into account, from a programming standpoint, doing similar municipal projects. Ruther said the selection committee is requesting the Council authorize the Town Manager to negotiate and enter into a professional services contract with OZ Architecture, in a form approved by the Town Attorney, to design and prepare the construction documents for the new municipal offices of the Town of Vail, located at 75 South Frontage Road, pursuant to the scope of services outlined in the Request for Proposals, dated February 1, 2012, and as maybe amended to reflect the recommendation(s) of the selection committee. The selection committee recommends the Council award the municipal site design and construction document project to the team lead by OZ Architecture. Rogers asked if Zehren and Associates is going to be the architect for the medical office building (MOB). Ruther said Zehren and Associates didn't submit a proposal for the municipal building as the time commitment and availability was not something they could do. Rogers asked who was going to design the parking structure. Ruther said the medical office building architect will design it through communication and coordination with the town's architect. Ruther said assuming the Council approved an architect, there will be a meeting this Thursday with team members from the MOB and the town to discuss next steps and how to move forward. One of the requirements of the PEC submittal process is that this project will go through as one project application, even though it has finro separate owners, buildings and architects. Mark Donaldson, a principal of Victor Mark Donaldson Architects, stated his firm was one of the three short-listed architects. He said he wanted to take the opportunity to speak to the Council and let them know they are local and have over 35 years of experience with commercial projects. He stated he put together a very talented team. He listed many of his firm's experience with commercial projects in the valley including, the Avon Municipal Building, the Vista Bahn Building, The Vail Daily, etc. He requested Council consider using his team for this project as they are local, have local subcontractors, are uniquely qualified and the fees are very competitive. His observation of the process is to consider the local opportunities. Zehren and Associates was selected to work on the MOB and his firm has several years of work connections with Zehren and Associates. He went into detail on how they could accomplish various aspects of the municipal building. He said if they award this project to a firm that is out of town, the costs would be more expensive. Eduardo Ilianes, with Oz Architecture, said thanks for giving them the opportunity to present the vision and goals of the town for the municipal building. He said when you are looking at substructures, there are additional fees to consider plus the time to coordinate all the different systems that are connected to a building like this. They need to consider the community needs and need to make the building last for at least four decades. They have participated in designing other municipal buildings and know how they function. He said they also need to work with the MOB and make them work together. He said the mitigation of risk is also to be focused on and considered. They also need to know how to deal with moving people out of the current building and into the new building. It needs to be seamless. Working with the energy codes, and being sustainable, is also a consideration, as well as looking at managing the budget and schedule. Moffet made a motion to authorize the Town Manager to negotiate and enter into a professional services contract with OZ Architecture, in a form approved by the Town Attorney, to design and prepare the construction documents for the new municipal offices of the Town of Vail, located at 75 South Frontage Road, pursuant to the scope of services outlined in the Request for Proposals, dated Town Council Meeting Minutes of March 6, 2012 Page 11 February 1, 2012, and as maybe amended to reflect the recommendations of the selection committee. The motion was seconded by Donovan. Moffet said he has been vocal about local preferences but he defined local as being from the Town of Vail. Rogers said she feels the same way as Moffet about hiring local people when they can. However, when hiring local, she thinks local is within Eagle County. Rogers asked why they aren't the least expensive and why was Oz chosen versus Victor Mark Donaldson Architects. Ruther said this wasn't a competitive process based solely on fees. The selection committee chose who they considered was the most qualified and familiar with the complexity of the project, as well as other factors and not because of the cost alone. He said this was a unanimous recommendation by the selection committee. Kurz said there were three very capable teams interviewed. He believes all three were qualified. They all spoke with compassion and conviction about the project. He said, speaking as one member of the committee, in general, the committee felt Oz understood the complexities including the moves that needed to be made, better than the other teams. Beyond that, Oz was the only group that offered a potential reduction of square footage, which caught the attention of the selection committee. Tjossem said she also prefers to hire Vail Valley based businesses for the first crack at all town business. She said iYs very difficult to second guess the selection committee as they spent over six hours interviewing and deliberating. She preferred the selection committee award this project to a local firm. She stated she was ready to vote against this recommendation but after listening to the some of the committee members, they have swayed her to vote this recommendation, as this is in the best interest of the town. A vote was taken and the motion passed, 6-1, with Rogers opposed. The thirteenth item on the agenda was the presentation of the Town of Vail Municipal Office Project Management Selection Committee's recommendation for the award of a project management contract for the construction of the municipal building. George Ruther, Community Development Director, said on February 15, 2012, the Town of Vail released a request for proposals for professional project management services in an open process to solicit responses. On February 24, 2012, the Town of Vail received eleven responses to the request for proposals. Following a detailed review and analysis of the responses, five project management teams were selected to move forward and participate in an on-site interview process. On February 28, 2012, the selection committee held on-site interviews. Five project management teams were interviewed and evaluated based upon the following criteria: extensive project management experience with similar municipal office facilities; demonstrated ability to perform in the town's entitlement process; ability to achieve the goals/milestones identified for the project; understanding of the project and what is required to get the job done; completion of similar projects with similar challenges, solutions, and coordination; staff availability to complete the project on budget and on time; ability to develop and maintain professional relationships through effective communication; a proven track record of collaboration with multiple stakeholders and teams; a competitive professional fee based upon the scope and quality of the work required; demonstrated ability to make progress on multiple tasks in a dynamic and ever- changing process; and local preference was again considered, provided the teams were qualified and competitive. Town Council Meeting Minutes of March 6, 2012 Page 12 Ruther stated the selection committee unanimously recommended the Council award the professional services contract for project management to CP Vail. John Bills, Managing Principal, will be responsible for the project from an overall standpoint. Chris Penney, Senior Project Manager, will be responsible for the preconstruction process and the lead during construction. Bryan Carruthers, Managing Principal, will be responsible for quality control to ensure the project is exceeding the town's and community's expectations. Ruther said the selection committee consisted of Andy Daly, Mayor; Ludwig Kurz, Mayor Pro-tem; Stan Zemler, Town Manager; and himself. He said one of the major factors for recommending CP Vail was experience with them on the West Vail Fire Station. He stated he contacted all the references supplied by CP Vail and received very good references from all of them. Rogers asked if this was a unanimous recommendation from the selection committee. Ruther said yes. Daly said they received proposals from eleven firms and the committee chose to interview five firms. He said looking at the cost and familiarity, the feedback from references and looking at inclusiveness of fees, it was a unanimous approval for value and being able to bring the project in on time. Kurz acknowledged all the work that Ruther did to get this process together. He said this was a unanimous decision by the selection committee. He had a conflict in his mind with regard to using a local company to do the job. However, one of the important pieces is to have a firewall that exists befinreen the WMC and the town. He said with CP Vail that firewall would exist. Moffet said he is comfortable with the recommendation. He said the selection committee put in the work and the local firm was more expensive and provided less hours to the project. Steve Virostek, with Triumph Development, said they were part of the process. He said the process was fair and there was a diligent review. He looks forward to working with CP Vail. He said the selection committee made a good choice. Moffet made a motion authorize the Town Manager to negotiate and enter into a professional services contract with CP Vail, in a form approved by the Town Attorney, to provide project management for the development of new municipal offices for the Town of Vail, located at 75 South Frontage Road, pursuant to the scope of services outlined in the Request for Proposals, dated February 15, 2012 reflecting the recommendation of the Selection Committee. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. Daly thanked all those who participated in both the design and project management process for this project. Zemler seconded the acknowledgment by Kurz of Ruther's work in getting the project design and management process done to date. The fourteenth item on the agenda was second reading of Ordinance No. 1, Series of 2012, an ordinance approving a zone district boundary amendment, pursuant to Section 12-3-7, amendment, Vail Town Code, for a rezoning from Ski Base Recreation District to Ski Base Recreation 2 District, located at 598 Vail Valley Drive/part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. Town Council Meeting Minutes of March 6, 2012 Page 13 Donovan recused herself from this item. She stated, as she did at the last meeting, that she has no financial or other conflict of interest; however, she is very involved with the Ski and Snowboard Club of Vail (SSCV) organization and didn't think she could hear this item without bias. Daly said there will be a work session in the near future to discuss the traffic issues and update governing documents and efforts to mitigate the traffic congestion. Based on the tremendous amount of feedback on this item, there will be an evening meeting to address this item. During the first Council evening meeting in April, the Council will have additional public comment to begin developing a framework to address traffic on Vail Valley Drive. He said that is a separate issue from the current zoning application being heard from SSCV. If there is a zoning change for SSCV, there will have to be a comprehensive and detailed development plan which will include mitigation of their impacts. Daly said solving the traffic issues will involve several partners: Vail Resorts, SSCV, the town and several of the properties in that area that are part of that community area. The town has taken to heart the community's comments to address this issue through a collaborative process prior to next ski season. Rachel Dimond, Planner, stated this is second reading of Ordinance No. 1, series of 2012. She said on February 21, 2012, the Council approved Ordinance No. 1, Series of 2012, upon first reading, (5-0-1, Donovan recused), based on the review of the criteria and compliance with the findings outlined in the January 30, 2012, memorandum to the PEC and the evidence and testimony presented. Since the packet was issued there were additional emails sent to Council that will be added to the packet for the record. Kurz said the direction given to the applicant at the last meeting was to do some outreach to the neighbors. He wanted to know what outreach or contact had been done since the last meeting. Tom Braun, of Braun and Associates, representing the applicant, said they talked to a couple of the neighbors and reinforced the message sent to Council and said they are looking forward to working with them to be a part of the solution. He had no formal presentation but was there to answer any questions the Council may have. Daly asked why the rezoning application didn't come with a development plan. Braun said the rezoning doesn't require a development plan as that is the process per the town code. He said a development plan is costly. However once the rezoning is done and gets to that stage, they could supply a development plan. If they tried to do one now, the SSCV could spend thousands of dollars without knowing the code regulations. The applicant needs to know what underlying zoning is in place so they can move forward. Jim Lamont, Vail Homeowners Association (VHA), said he sent the Council a formal reply via email from the VHA asking Vail Resorts and the town to provide overflow accommodation on this site. He wanted the Council to deal with the tra�c issues prior to second reading. He wants neighborhood meetings set up and solutions incorporating tra�c solutions off-site as well as on- site prior to approving the second reading of the ordinance. Daly stated for the record, that this letter is part of the permanent agenda packet. Glenn Davis, President of SSCV, said the SSCV doesn't have the funds to do a development plan. He said a development plan would be cost prohibitive at this time. He said the rezoning needs to be in place to develop a framework. Then they could get a development plan in place when they have funds to move forward. Town Council Meeting Minutes of March 6, 2012 Page 14 Moffet and Daly each stated they had children involved with SSCV over the past years. MofFet made a motion to approve second reading of Ordinance No. 1, Series of 2012, subject to the findings in the memorandum and the motion was seconded by Kurz. Tjossem said she will be voting in favor of this ordinance. She said by approving this rezoning this will start the dialogue for the project. She stated there will be a development plan in the future. She said the town's planning process has served this community very well. Daly said this is just the beginning of a comprehensive process. Council is also concerned about the traffic. This will help move that process forward in discussing existing conditions. This will provide all stakeholders opportunity to comment on that issue and process. The Council is committed to making this a fair and comprehensive process, meaningful, effective and providing relief. He invited the stakeholders and community to continue to plan on attending and participating in this important process. A vote was taken and the motion passed, 6-0-1, with Donovan abstaining. The fifteenth item on the agenda was a discussion of the Ford Park Improvement Program. Todd Oppenheimer, the town's landscape architect, requested Council provide staff with specific direction relative to the Ford Park Improvement Program to be included in the Updated Ford Park Management Plan. Zemler reminded Council the process has evolved. He said the conference center funds ballot question went to the Vail voters in November of 2011 with the recommended disbursal of the $9.4 million in conference center funds. He stated the funding passed for the expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including a multi-use community space; the the field expansion and restroom renovation at the Ford Park Sports Complex; and Ford Amphitheater improvements, including outdoor seating and restroom improvements. The goal of the Ford Park planning effort is to efficiently utilize the funds approved by the voters to develop the intended projects at Ford Park. There is $2.4 million in the town budget already, separate from the conference center funds for the grand entry and improvements to the pedestrian path and the gardens. He said out the $2.4 million in the budget, $600,000 was allocated for the grand entry and the gardens and $1.8 million is allocated for the needed improvements of the pedestrian, bike and loading and delivery vehicle circulation in Ford Park. Zemler stated out of the $9.4 million from the conference center funds, $3.8 million is allocated for the Vail Golf Course Clubhouse expansion/renovation; $3.5 million for the Ford Park field improvements renovation and $2.1 for the Ford Amphitheater. Oppenheimer said some projects that are not currently budgeted fit within a larger vision for Ford Park. Initiated by the Vail Valley Foundation (WF), these projects enhance the overall user experience of arriving at and being within the park. Acknowledging that the larger vision for the park includes park elements that are not immediately funded, along with the public sentiment toward protecting the park and the long term goals of the organizations which operate within the park, it is necessary to evaluate the proposals and update the cuRent Ford Park Management Plan document. Keeping in mind the goal of efficient utilization of available funds, the approval process for the Ford Park projects has been outlined in two steps. Town Council Meeting Minutes of March 6, 2012 Page 15 Tom Braun, with Braun and Associates, reviewed the improvements for Ford Park in the attached power point presentation to Council. He said the guiding document for the park is the 1997 Ford Park Management Plan. He said many ideas and improvements that are already in the management plan are being contemplated, as well as adding some new ones. Oppenheimer discussed the improvements related to the Ford Park Management Plan, what is already included and what improvements are tentatively suggested to be added. He said different plans for the park included the realignment of the athletic fields to allow for three full-size softball fields, finro full-size soccer fields or lacrosse fields and any number of smaller fields. He discussed perimeter fencing, backstop areas, moving the concession area, restrooms, retaining walls, netting usage, space for a tournament director's area, an umpire's closet, a possible covered outdoor seating area for 50 people and bus area. He said he talked to The Wren manager about all the Ford Park athletic field improvements. They still need to address noise and sound conflicts between the fields and the amphitheater. He said there was a lack of support of the television monitors in the amphitheater. Improving the stream walk is included but there is no funding for this currently. He also discussed having a thirteen foot wide platform, even grade and pull outs where pedestrians can move out of a vehicle's way if there are vehicles down in the lower bench of the park. He reviewed the Alpine Garden Welcome Center concept which would be approximately 1,500 to 2,100 square feet, hold the garden o�ces, be open year around, be a multi-purpose space on finro levels that could be located near the existing school house. This concept is being included in the planning process, but it is unfunded. It could be included in the management plan but not in the development plan. Oppenheimer said staff will do more research on the garden welcome center and building with pros and cons, with an independent building and/or combined buildings. Staff will keep this in as a placeholder, but if it moves forward, it will be more detailed. Donovan said she is not in support of any new buildings in Ford Park. Oppenheimer asked Council for support of items to be added to the Ford Park development plan. He presented each question from the memorandum and asked if the Council was in favor of each item. Question one was, "Is the Council supportive of the items listed to be included in the Development Plan application?" Included under this question were the realignment of the athletic fields including: replacement of the athletic field restrooms and concession building, and construction of a new maintenance/storage building with restrooms. Improvements to the Ford Amphitheater including: construction of a new social courtyard, enhancements to the existing restrooms, improved lawn seating. Also, improvements to the park entry points and internal circulation pathways including: Betty Ford Alpine Gardens entry, modifications and improvements to the bus drop-off, passenger vehicle drop-off and parking lot enhancements, improvements to the existing stream walk, improvements to the eastern portion of Betty Ford Way between the east parking lot and the amphitheater loading dock to allow access by semi's and delivery trucks. The park modifications above work within the context of the existing Ford Park Management Plan and would be included in the Development Plan application to the PEC. Zemler said this list reflects some of the modifications that had evolved over the last few weeks. Town Council Meeting Minutes of March 6, 2012 Page 16 Rogers asked if the "spine" is still in the plan. Oppenheimer said yes, but they have backed off on how important the space is to the overall park. He said the park is organized so that the athletic field is on the upper bench and the gardens and amphitheater are on the lower bench. Donovan asked which version of the social court yard is being referenced. Oppenheimer stated the Council shouldn't get bogged down on the details as they will have to take the application to the PEC first and get placements on the management plan. Braun said there will be a description to attach to each element. Council stated they are in favor of all the bullet points in question one. Question finro of the memorandum was, "Is the Council supportive of the above being included in the Development Plan application?" It has been suggested to include the following park improvements in the development application including these that will require amending the existing management plan: A covered area over the amphitheater social plaza; a Welcome Center for the Betty Ford Alpine Gardens that includes offices and an education center; a tribute to the Ford family as an iconic feature in the park; an expansion of the existing AIPP temporary art program to areas throughout the park; and the expansion of the existing restroom/concessions facility. The tribute to the Ford family is an undefined concept and would be a landscape feature and not a building. It would be a monument and is currently not funded and will have a placeholder in the management plan. Council agreed to have a placeholder for the Ford tribute concept. He said there was a concept to expand the existing AIPP art program to temporary places in the park. There could be an AIPP sculpture in the gardens or other appropriate places in Ford Park. He said the flat, lower bench of Ford Park would be off limits to the temporary art placements. Council suggested it be called a summer art program instead of a temporary art program. The current sports field restrooms and concession building would need to be moved and replaced. The new building would include space for the sports directors, covered seating area, and larger concession area. Council was okay with adding a placeholder for this building. Question three was: "Is the Council supportive of including the additional ideas attached in the Updated Ford Park Management Plan and subsequent Development Plan application?" Oppenheimer said over the past weeks several additional ideas have surFaced that require some Council discussion and direction. These included elimination of the proposed pavilion covered area over amphitheater social court yard. Council was okay with this. Donovan said additional discussion would also be needed to discuss the need for the Betty Ford Alpine Gardens to have a classroom and requested building. Council agreed there should be the implementation of an internal park shuttle system to ferry people between the upper and lower benches. Oppenheimer said he is still looking into this idea. Daly asked who would run this service, what the potential costs would be and what type of vehicles would be used. He said golf carts would probably not be the right vehicle to move lots of people in this area. Oppenheimer said two electric vehicles cost approximately $40,000 to $50,000 and have operating costs of approximately $50,000 for around 1,760 hours to operate. Further discussion ensued. Town Council Meeting Minutes of March 6, 2012 Page 17 Council agreed to keep it in the plan for now but said there was no commitment to funding at this time. There was also a concept to include an extension of the stream walk near the south side of Manor Vail and an addition of an aquatic center to the Updated Ford Park Management Plan for future possibilities. The aquatic center was voted down in the past by voters; there is not a location in Ford Park to build an aquatic center, would not be financially feasible and would need more parking as well as this facility would displace current parking. There was a no vote to the unfunded streamwalk idea and an aquatic center from Council. Daly said another important element missing is addressing noise issues in Ford Park, traffic from I-70 and the noise from the playing fields during concerts needs to be addressed by building berms or walls. He said there has to be a compromise between user groups to develop a sound mitigating system. Daly feels strongly that this needs to be in the management plan. Oppenheimer said noise is being studied with the lawn seating redevelopment. Tjossem asked if there is a replacement of the restrooms in the playground area. Oppenheimer said that is an unfunded item at this point. Greg Hall, Public Works Director, said the 5 year Real Estate Transfer Tax (RETT) budget includes this replacement. Rogers said she heard comments at a Bravo! meeting about closing off the eastern entrance to the amphitheater and thought it didn't make sense. She asked what the reasoning was to keep the east gate closed. Oppenheimer said that the changes operationally and eliminating finro locations for a bag check and ticketing were factors as well as trying to keep the focus on people having the whole experience into the amphitheater are driving issues. Rogers said she wants to keep the east entry open unless there is a compelling reason not to keep it open. A single point of entry was a concern for Council. Zemler said Braun and Zehren will put into graphics the results of the discussion tonight for the March 20, 2012, meeting. Daly requested three to four slides be presented at the Community Meeting on March 13. The sixteenth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:50 p.m. Attest: . el i Donaldson, Town Clerk Town Council Meeting Minutes of March 6, Respectf Su itted, Andr , Mayor -�N �F-��- 2 Page 18 Vail Town Council Meeting Minutes Tuesday, March 20, 2012 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:10 P.M. by Mayor Andrew P. Daly. Members present: Andrew P. Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Margaret Rogers Susie Tjossem Members absent: Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer The first item on the agenda was Citizen's Participation. Jonathan Levine, owner of Hummers of Vail, stated he has made several phone calls to the Police Chief and Town Attorney and staff haven't returned his phone calls. He wants clarification on the cost of a sign that was taken down at the Vail Transportation Center (VTC). He said he was not paying for the sign. He said he was talking to attorneys as he continues to feel the limousine/taxi issues at the VTC are not fair. Daly reminded Levine that at the last Council meeting he attended, the Council said they were no longer going to discuss this issue until the fall. He said Levine should move forward with his legal remedies. Daly said the issues and charges are befinreen the Vail Police Department and Levine. Stan Zemler, Town Manager, said Levine should send his check for the sign to the Town of Vail, to his attention. Matt Mire, Town Attorney, requested a copy of any correspondence from Levine as well. Levine said he had another issue with the police department. He said his business was robbed and he has not had a response from the police chief to bring any charges forward. He contacted the District Attorney's office and they said the charges need to be instigated by a law enforcement agency. Levine also said there was a recent incident at the VTC where over 50 people needed transportation late at night. He said someone from Vail dispatch called him and asked him to send vehicles to the VTC to help alleviate the problem. Daly said Council has requested the police chief and his staff monitor this area. Jill Ryan introduced herself and stated she is running for the District 1 County Commissioner seat this fall. She is meeting with various towns in Eagle County to introduce herself and to see if anyone has questions for her. She invited the Council to meet with her in the near future or go on her website which has the topics she cares about. She dropped off her business cards for the Council. Town Council Meeting Minutes of March 20, 2012 Page 1 Paul Rondeau, a Vail resident, said he understands Ordinance No. 4, 2012, is being tabled this evening. He is very interested in the municipal site redevelopment. He thinks the new municipal building should be LEEDs certified. He said he heard at the community meeting on March 13, the community was told this was a joint partnership between the town and the hospital. He then read in the newspaper there was no formal partnership befinreen the town and the hospital. Daly said he may have misspoken at the community meeting and clarified that the town has no financial liability on the Medical Office Building (MOB) site. However, the town will be sharing a parking garage with the MOB. He said the MOB and the town offices will be sharing joint development design coordination. Daly said there is an expectation of compatibility befinreen the buildings. He said the town processes with the Planning and Environmental Commission (PEC) and the Design Review Board (DRB) would not allow two distinct building designs on the one site. Jamie Jones, the new director of the Children's Garden of Learning introduced herself to Council. She thanked the Council for the continued support and use of the building for the Children's Garden of Learning. The second item on the agenda was the approval of the Consent Agenda. The consent agenda included the Lionshead Streetscape Construction Bid Award. Tom Kassmel, Town Engineer, said the East Lionshead Circle contract had three contractor bids on March 9. Staff reviewed the final bids and has chosen B& B Excavating as the contractor. He said there were currently four options. The base bid of $1.6 million does not include a boiler. The second option includes the boiler and provides a preferred location near the bridge for just over $2 million. The third option includes heating the bus loop areas and cross walks with a total of $2.2 million. He said it is within the budget and will be beneficial to the pedestrians, guests, the bus service and removal of snow in those areas. The fourth option is similar to the third option but has an acceleration component. The third option is the preferred and recommended staff option. Staff speculates there will be an additional finro to three weeks needed in the fall to complete the project so they didn't need to add $40,000 extra to the cost. Foley made a motion to award the contract to B&B Excavating in the amount of $2,190,270.70 in a contract form approved by the Town Attorney and signed by the Town Manager, for the construction of the East Lionshead Bus Stop and Concert Hall Plaza Streetscape Improvement Project including the ELHC and CHP Base Bids and Alternates 1,2,3,4,5 and 6. The motion was seconded by Tjossem. Daly said project was being funded by Tax Increment Financing (TIF) funds. A vote was taken and the motion passed unanimously, 6-0. The third item on the agenda was the Town Manager Report. There was nothing to report under this item. The fourth item on the agenda was Resolution No. 14, Series of 2012, a resolution adopting the Town of Vail Strategic Plan 2012 — 2022 and Work Plan 2012 — 2013; and setting forth details in regard thereto. Stan Zemler, Town Manager, said staff incorporated the input received from Council from the meeting two weeks ago and asked them to adopt it and put it in place. Town Council Meeting Minutes of March 20, 2012 Page 2 Donovan asked what the rationale was in adding Fire Chief Mark Miller on as the staff contact for developing future leadership. Zemler said Miller is currently participating in a leadership program in the valley and Police Chief Dwight Henninger has been a trainer and a participate and is involved in leadership programs, both have good skill sets, involvement, contacts and processes for this. Daly said Council wants to have more people participate in town boards and using it as a mechanism to identify future leaders. The Council wants to add advertisements to the process for the board notices in addition to placing our legal notices as required. Tjossem said Donovan suggested in the possibility of seeing if one or more of the board meetings could be changed to meet in the evening to encourage and attract more people that work during the day to participate. Tjossem stated she knows staff is involved and supports these meetings and doesn't want them to spend more time but would like the possibility explored. Daly suggested under Economic Vitality that the room nights suggested is not growth. He asked Zemler to work with Kelli McDonald to come up with more substantial goals for this item. He also stated under the Conference Center Funds staff has specified the beginning dates of the projects but what Council is also interested in is the completion dates of the projects. He asked that the completion dates be added to the document. Kurz made a motion to approve Resolution No. 14, Series of 2012 and the motion was seconded by Donovan. Daly asked if they could add the suggestions he stated. Kurz amended his motion to include the suggestions by Daly, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. The fifth item on the agenda was a presentation by attorneys for Rothgerber, Johnson and Lyons regarding lodging tax paid by Online Travel Companies (OTC's) and current litigation regarding the same. Matt Mire, town attorney, stated the Council was advised by legal memorandum on this item. He introduced Trey Rogers, an attorney for Rothgerber, Johnson and Lyons; they represent the Town of Breckenridge and other municipalities and is here to answer questions. Trey Rogers gave the Council backg�ound on the nature of the case. He said the OTC's are not paying adequate sales and lodging taxes. He gave an example of the OTC process and the hotel selling the product online. When booked online, the consumer pays the tax to the OTC's and then it pays the taxes to the hotel. The town doesn't get paid the tax. This has gone on since 2000. The damages amount to millions of dollars including penalties and interest. More specifically, the litigation pertains to how those amounts are calculated and whether the correct amount of excise and/or sales tax is remitted based on the actual "Retail Rate" of the subject lodging. Based upon information and belief, the OTC defendants have systematically failed to remit the correct amounts to the town and to other Colorado municipalities. The Rothgerber firm has filed a suit on behalf of the Town of Breckenridge based upon this theory and discussed the Town of Vail's legal options to pursue these claims. He asked the town to engage them as attorney's and be part of the class action suit. Daly asked him to explain the potential expenses of the firm, if the firm is successful and what would happen if they weren't successful. Trey Rogers said the town would pay a percentage for the Town Council Meeting Minutes of March 20, 2012 Page 3 attorney's fees if they won, but if they lose, the firm would eat the fees. Mire asked if the town had to go it alone what would the fees be. Trey Rogers said 25%. Rogers suggested the town retain the attorneys for several reasons, financially, and retaining them the town has more direct control over how it proceeds. Rogers made a motion to have the town attorney prepare a resolution to move forward with the class action suit and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 6-0. The sixth item on the agenda was the Golden Peak traffic discussion on Vail Valley Drive. Greg Hall stated Council had requested staff to provide and review what tra�c issues were happening at the Golden peak area. Hall said other than 35 high tra�c days at Golden Peak, the flow of traffic works well. He said high traffic volume happened during the time there are Devo programs, as well as an additional eighteen days; fourteen days are on Saturdays when there are 600 kids in the Devo program. He said the lower lot at Ski and Snowboard Club of Vail (SSCV), processes traffic in finro groups, from 8:30 to 8:45 a.m. beginning around 8:15 a.m. or so. The Devo parking drop off is located at the parking garage. Vail Resorts, Inc. (VRI) staffs the garage and the town runs two buses. There is a ski instructor to greet people. He said there were 50 cars and 135 people that were in that process on Saturday. In the lower lot, there is also a passport club with structured spaces where 140 parking spaces were built. He said it is very rare that all 140 spaces get used. He said 15-20 people get their parking spaces in the pool. There is a valley-wide system between the town, VRI and Mountain Valet. There is an easement in the lower lot that is used for valet and storage at the west lot at Ford Park. There is a long delay at the end of the day during peak times. The town gets 5% of the gross amount from Mountain Valet. The Devo program backs up traffic onto Vail Valley Drive. He said the town used to have hotel shuttles in this area but removed them finro years ago. They also moved the drop off at Golden Peak to the bus lane. Those changes significantly reduced the traffic. The upper lot at the Children's Center is designated for the Children's Ski School. Around 500 kids get dropped off. It's the only nursery in the VRI system that is open on Saturday and/or holidays. At this lot during peak times VRI has three employees regulating and assisting. The worst times are the holiday periods: Christmas, New Years, PresidenYs weekend, as well as Saturdays and finro weekends in March during Spring Break. The Larkspur restaurant also has use of this lot for their patrons for lunch and dinner. The lot is leased to the Vail Recreation District (VRD) in the summer. There are some issues in this area when the Bravo! concerts are happening. During races there are also traffic issue times. Hall explained and reviewed the memorandum of the various components of when peak times are happening and remedies. Manor Vail parking, when it is used as public parking, also contributes to the traffic as vehicles back up outside of their gate and onto Vail Valley Drive. Recommendations are to set up neighborhood meetings and meet in groups to help find solutions to the traffic concerns. Jeff Babb, with VRI, pointed out that they have made tremendous strides over the last finro to three years in this area. He said this is a perception problem and is an issue less than 1/3 of the ski season Town Council Meeting Minutes of March 20, 2012 Page 4 and less than one hour a day. He said the local community doesn't cooperate by not dropping off people in this area. He doesn't believe they will eliminate all the traffic on Vail Valley Drive, but they can alleviate some of the traffic. Tjossem asked Babb if Devo's 50 cars are using the Vail Transportation Center (VTC). Babb said the 50 vehicle number ebbs and flows. He said he is reluctant to make it mandatory that they use the VTC. He said there is a fine guest service line between forcing guests to use the VTC with negative reinforcement and using the park and ride system. VRI routinely hands out flyers, posts on their web site, and talks to guests face to face to alleviate some of the traffic. Tjossem said she heard it is very successful. Babb said it is and this is the third year. VRI keeps finreaking the process to make it better every year. The Devo traffic has been cut in half. Daly asked Hall if there is an opportunity to reevaluate the valet system. Hall said they need to make a decision prior to June 1S`. Babb said he needs to notify his vendor 60 days prior to modifying the contract, which is April 15�. Tjossem asked if there are opportunities in Lionshead with the new drop off area. Hall said staff could look at Lionshead. He said if the town takes away the valet at Golden Peak, parents may drive more. Babb said the Golden Peak valet uses Manor Vail parking as well. Kurz said he spent Saturday on Spraddle Creek watching the traffic with Hall and Babb. He agrees with Babb that there is a one to one-and-one-half hours of peak traffic on Saturday. He said the community needs to have tolerance for this period of time. He is hoping everyone can look at the bigger picture. He said it may be beneficial to have a code enforcement officer at the entrance to the lower lot for the one to one-and-one-half hours. He is impressed with the way VRI and staff understand how things work in this area. Aldo Rademus, CEO of SSCV, said the traffic is a serious concern and the SSCV want to help participate in solving this traffic area. He said there are things they could do better. He said the Devo program process is to start at one time. Of the SSCV kids, up to half of them are athletes and are away at competition. Each kid has to have several skis, plus other equipment. There would be a challenge to get all their gear from the VTC to the SSCV. They are interested in working with VRI and the town to help come up with solutions to this issue. He said there have been significant improvements over the past year. The SSCV redevelopment plan will help address this issue as well. Frank Lorenti, from Minturn, said he wanted to push his idea of a ski lift from Minturn to Vail. He thinks Minturn has an approved ski area in Minturn and wants to connect it to Vail. This will help with the traffic and ski school. Daly said he approached the Town of Minturn around 12 years ago to be included in the Forest Service Plan and the town turned it down. The town would need to work with the Forest Service and change the status with the Forest Service. Peter Knobel said the skier drop off needs to be addressed at Mill Creek Circle as well. Jim Lamont, representing the Vail Homeowners Association, said this was an opportunity to have all the operators give an update on their services. Now dialogue can continue with input with potential options to help alleviate the traffic issues. He spent the last three Saturday mornings at Golden Peak. He said iYs almost like watching a choreographed ballet with the traffic. He said there needs to be a police officer at this area during peak times to help, not just a code enforcement officer. He said the Town Council Meeting Minutes of March 20, 2012 Page 5 process will need to address entitlement issues. He said he observed vehicles stopping in the middle of Vail Valley Drive three or four times. Also, Blue Cow Chute is also an area to avoid backups. Daly suggested Hall, Babb, Lamont and SSCV work together for another 30 days and come back with a recommendation. Foley asked if the town made Vail Valley Drive a one-way street for a couple of hours if that would help. Babb said yes he thought it would; however, they tried this in the past and he has gotten "flipped ofP' by people in the vehicles. Hall said the valet service is an automatic renewal if no notice is given. Daly said staff should give notice to the valet company and then work on more solutions. The seventh item on the agenda was second reading of Ordinance No. 4, Series of 2012, an ordinance authorizing the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, (the "Town Hall Property") to Vail MOB, LLC, for the purchase price of $5 million, and setting forth details in regard thereto. George Ruther, Community Development Director, said the Town of Vail (TOV), in cooperation with the Vail Valley Medical Center (WMC) and the Steadman Clinic (SC), wishes to redevelop a portion of the town's property located at 75 South Frontage Road. To do so, the TOV, WMC and SC signed a memorandum of understanding, which in part, acknowledges the sale of a portion of Town property to WMC and SC for $5 million. The purchase price was established based upon a value of use appraisal completed for the property. Pursuant to the terms of the purchase and sale agreement, the title to the property shall not occur until such time as a building permit for the new medical office building is ready for issuance and a construction loan guaranteeing the construction of the building is secured and ready for funding. Ruther stated the town staff recommends the Council approves Ordinance No. 4, Series of 2012, on second reading, as read. Daly said there are title issues to be cleared up. The Council had an opportunity to discuss the purchase and sale agreement and will have comments to add and make sure this meets the town's long term goals and needs. He said keeping the hospital and Steadman in town for many years is a long term goal. Foley made a motion to table this item to the April 3, 2012, public meeting. The motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was Resolution 15, Series of 2012, a resolution approving the conveyance of a portion of the real property located at 75 South Frontage Road, Vail, Colorado (The Town Hall Property) from The Vail, Colorado, Municipal Building Authority and accepting such property. Daly said this item needed to be tabled to the April 3, 2012, public meeting. Donovan made a motion to table Resolution 15, Series of 2012, to the April 3, 2012, public meeting. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 6-0. Town Council Meeting Minutes of March 20, 2012 Page 6 The ninth item on the agenda was the appointment of inembers to the A�t in Public Places Board (AIPP), Design Review Board (DRB), Planning and Environmental Commission (PEC) and the Building and Fire Code Appeals Board (BFCAB) to fill vacancies on each board. Daly stated the Council interviewed the interested applicanYs at the work session earlier in the day. Four members needed to be appointed to the AIPP; three members to the DRB and four members to the PEC. All the terms are for two year terms, which end March 31, 2014. The Council also appointed one member to the BFCAB, for a five-year term ending March 31, 2017. The Council voted to fill the vacancies for each board as follows: Kurz made a motion to appoint Dorothy Browning, Kaili Chipman, William Pierce and Dan Telleen to the AIPP board and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 6-0. Foley made a motion to appoint Mark Mueller to the BFCAB and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. Kurz made a motion to appoint Rollie Kjesbo, Elizabeth Maio, and Andrew Forstl to the DRB and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 6-0. Rogers made a motion to appoint Susan Bird, William Pierce, Henry Pratt and John Rediker to the PEC and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 6-0. The tenth item on the agenda was second reading of Ordinance No. 5, Series of 2012, an ordinance amending Section 3-3-2 ("Appointment of Board Members"), and Section 3-3-3, ("Membership; Terms"), Vail Town Code, Relating to Eligibility and Terms of Members of the Arts Board and setting forth details in regard thereto. Matt Mire, Town Attorney, stated this is second reading of Ordinance No. 5, Series of 2012. Pursuant to a recommendation from the Town of Vail Arts Board (the "Board"), the Council desires to amend the terms of the Art Board to finro year terms, to reduce the Board's members, to clarify Board member requirements, and to eliminate required participation from persons serving on other Town boards. Rogers made a motion to approve second reading of Ordinance No. 5, Series of 2012, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. The eleventh item on the agenda was a request to table first reading of Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12- 3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (WT') District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (WT) District, and setting forth details in regard thereto. Donovan made a motion to table the first reading of Ordinance No. 2, Series of 2012, and Resolution No. 7, Series of 2012, to the April 3, 2012 public meeting. The motion was seconded by Kurz. Town Council Meeting Minutes of March 20, 2012 Page 7 Foley asked why this item was being tabled. Zemler said this is at the applicanYs request. The motion was amended and seconded to include the date of April 3, 2012 for the next public meeting. A vote was taken and the motion passed, 5-1, with Foley opposed The twelfth item on the agenda was a request to table the Ever Vail applications to the April 3, 2012 public meeting. Donovan made a motion to continue the Ever Vail major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011, to the April 3, 2012 public hearing. The motion was seconded by Rogers. Foley asked why this item was being tabled. Zemler said this was going to be discussed at the executive session but they ran out of time. A vote was taken and the motion passed, 5-1, Foley against. The thirteenth item on the agenda was the Vail Public Library (Vail Library) renovation project. Greg Hall, Public Works Director, reviewed the staff memo with Council. In September, staff talked to Council about combining Phase 1 and Phase 2. Council has taken a tour of the library space. Hall said Council needed to approve this evening to move the project forward. Staff has moved through the DRB and PEC process. The project is ready to go. He said the budget is not where it needs to be; however, to bring the building up to code will cost $200,000. In the final design, all the bids came in significantly higher. Staff has worked with the designers, and continues to value engineer the project. However, continuing to cut items from the budget would not give us a library that would be up to Vail standards. He said the library staff would be moved to the town owned Vail Village Inn space and will open a limited library at a space within Dobson Ice Arena. He said the Vail Library remodel project is a project which has been in the works over the last couple years in different forms. In September of 2011, the Council directed the staff to prepare a project which combines finro previously separate phases into one project. The Town staff believes providing an additional $350,000 to the Vail Library project budget at this time will allow the project to move forward on a schedule which is the least disruptive to the community. It will allow a major upgrade to the Vail Library, similar to the quality and technological upgrades taking place at the other Town buildings, e.g., the Lionshead Welcome Center, West Vail Fire Station and the anticipated New Municipal Building. He said staff requests the Council authorize an additional $350,000 be added to the Vail Public Library Renovation Project to be funded from the Vail Reinvestment Authority Tax Increment Fund Balance and to authorize the Town Manager to enter into a contract with Evans-Chaffee Construction Group to perform the remodel work. The staff, design team and contractor will continue identifying ways in which the quality of the project is maintained, with cost savings to the town. The project will begin demo in the lower portions of the Library the last week of March with the library closing for the week of April 3 to establish a small limited library in Dobson Arena. Staff wanted direction on how to proceed with this project based on the review of the information provided on the Library Renovation Project. This included amending the budget by $350,000, entering into contract with Evans-Chaffee Construction Group and scheduling the closing of the building, moving staff and equipment, etc. out and setting up of a temporary "mini/limited" library during construction this spring in the Dobson Ice Arena. Town Council Meeting Minutes of March 20, 2012 Page 8 Foley asked if the additional $350,000 is the bottom line. Hall said there are contingencies but staff feels this could be a bottom line but can say never. Daly asked how much the town is spending to set up the temporary library at Dobson. Hall said the cost is minimal and iYs mostly for wiring for technology. He said the town is responsible to get wiring into Dobson anyway so this would still be needed. Hall said this is a significant renovation of the library and not a total remodel. Foley asked if this work is being done during ski season. Pam Brandmeyer, Assistant Town Manager, said e-mail stations and the Children's Story Hour, held on the second floor of the Lionshead Welcome Center. She said all their bases are covered. She said having it open by July 4�' is more important for our community and guests. Brandmeyer said the library will be open for business after the first the week in April. Daly asked about the bidding process. Hall said when staff put out the budget in September 2011, the numbers were put together from sub contractor bids and technology needs, or lack there of. The bid process for the subcontractors ended in February. However the general contractor is still Evans Chaffee. Jonathan Staufer, resident, said he is a frequent user of the Vail Library. He said he sees how people use the library and it is an unsung cultural hero of the valley. The library provides communication links for guests and many other services for locals. He said $500,000 or a million dollars is a bargain for this facility and over the long term it is an asset to the town. Judy Gold, another long time resident and library user, said the Vail Library is a gem for the community. The asset it provides to guests is invaluable and reaches people in the resort community as well as the locals. She said the town needs to keep this valuable entity healthy. Dick Cleveland, previous Mayor and resident, said he has been involved since this process began. His is disappointed about the piecemeal approach on this project. He said this is a valuable asset to the town and it needs work. IYs 30 years old, the town has the money and it needs to be upgraded. He said the additional costs are unfortunate, but its time to spend the money. Do the project right and get it ready for 2015: spend the money, bite the bullet, do it now. Daly said this cost is $600,000 more than originally budgeted. Zemler said the direction Council gave finro meetings ago, was to bring it on budget. Staff has worked hard to keep the costs down. He is comfortable with where this has ended up. He said it time to stop cheapening it out. There is $2 million in the Tax Increment Financing (TIF) fund and this project needs an additional $350,000. This is not much for the project. He said other projects that may come up for use of TIF funds are Sundial Plaza and the medians in the road. He said it is important to approve now as it fits in the queue for work projects and if this doesn't get done now, it wouldn't be done for years down the road. Jim Lamont, representing the Vail Homeowners Association, asked if the flood mitigation has been taken care of to help protect the asset. He also asked how far the town would be extending the life cycle of the building with these improvements being done. Hall said flood protection will be done this summer. Hall said the building is structurally sound, the roof has been redone and the project will be doubling the life of the building to another 30 years. Town Council Meeting Minutes of March 20, 2012 Page 9 Lamont said this is well worth the investment. He said the Vail Library defines the community. If they asked for double the cost, it's well worth the investment for the community. This is an integral part of the community. Give them what they need and then some. Foley made a motion to authorize an additional $350,000 be added to the Vail Public Library Renovation Project to be funded from the Vail Reinvestment Authority Tax Increment Fund Balance and to authorize the Town Manager to enter into a contract with Evans-Chaffee Construction Group to perform the remodel work. The motion was seconded by Rogers. A vote was taken and the motion passed,6-0. The fourteenth item on the agenda was adjournment. As there was no further business, Foley made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. The meeting adjourned at 8:20 p.m. Attest: , L ele Donalds , Town Clerk Respectfully Submitted, Andrew P. Daly ayor �:1 OF � � SEAL . . . . . . ., . ,. . ,; ••.....•:, Town Council Meeting Minutes of March 20, 2012 Page 10 Vail Town Council Meeting Minutes Tuesday, April 3, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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's Participation. Dave Kraft read a letter into the record regarding the taxi and limo issues in town and how that has affected his limo business. He feels the issues have severely impacted and financially hurt his business. Mayor Daly requested he send a copy of his letter to the town so it can be attached to the town agenda records. Rich ten Braak, representing the Vail Chamber and Business Association (VCBA), invited the Council and community to a VCBA event at the Holiday Inn on April 13 at 8:30 a.m. Paul Rondeau, Vail resident, said he wanted to discuss an item that was not on the agenda. He read into the record an article he had published in the Vail Daily that questioned the use of the municipal site for a medical office building. He requested Council consider other opportunities for the site. He wants more public input before the Council makes a final decision on the sale of this property. The second item on the agenda was the approval of the Consent Agenda. On the consent agenda was the approval of Resolution No. 16, Series of 2012, the Eagle River Water and Sanitation District (ERWSD) Matterhom Circle Bridge Replacement Intergovernmental Agreement (IGA). Moffet made a motion to approve Resolution No. 16, Series of 2012, an IGA for the ERWSD Matterhorn Circle Bridge Replacement. The motion was seconded by Kurz. Foley asked what the time lines and schedule were for the replacement. Greg Hall, Public Works Director, said the project would begin possibly in July or August. He said staff will come back to Council once this project was out for bid and it gets all federal approvals. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was the Town Manager Report. There were three items under the town manager's report: Town of Vail Meeting Minutes of Apri13, 2012 Page 1 1) Emergency Evacuation discussion. Zemler stated Tjossem has asked for an update on the emergency evacuation plan for Vail due to current fires around the state. Henninger stated not all the news in the media is accurate. He said the people that died in the fire in Jefferson Council were told to leave and they didn't. He said Vail has a good evacuation plan in place. People still need to make good decisions on their own. Henninger said evacuations included hazardous materials, flooding issues and debris flow. The evacuation plan is more comprehensive than just for fires. He said there was a meeting on April 12 for all stakeholders to go over wild land fire issues and get everyone up to speed. There are more meetings scheduled for May 3 and 4. All community relations departments will work with the fire and police departments to educate the community on evacuation plans. He said there is a reverse 911 plan (EPN) which has been in place for the past 5 years. There is also an Eagle County alert system (EC Alert) which is a much better alert system to reach people by text. If people want to sign up to receive EC Alerts, they should go to ECAlert.org. There are also public service announcements that will be done, as well as possibly going door to door and also a hotline telephone number. A large part of the evacuation plan is moving people from the neighborhoods to the Vail Transportation Center (VTC) and then making decisions to move them to other places. Eighty percent (80%) of the community will be moving out of the area in their cars. Part of the plan is communicating whether to tell them to go east or west on I-70. The police department can direct and move 2,000 vehicles onto the on-ramps per hour. They could move quite a few people out of town in a short period of time. Once people leave their homes, they need to put a piece of paper on their door with the porch light on to let emergency personnel know people have left the home. Domestic pets can be transported on buses in an emergency. The Eagle County Animal Shelter will also help with the evacuation. There are limited evacuation centers manned by town staff and a plan for folks who are up on the mountain. He said responsibilities are outlined in the evacuation manual. The manual and policy will be rewritten to include a safe zone called out and re-entry plans and moving the population back into the community. Additional discussion ensued. Henninger said the lodges and hotels have their own evacuation plans in place as well. Ron Braden, IT Director, said any number on the town's system can be programmed to broadcast any message they want. Henninger stated the county and the town's website will both be updated if an emergency occurs. Daly said the information needs to be reviewed and updated with current and accurate information. At this point, Daly informed the public there is a community survey out on the town website and encouraged the community to go online and fill it out. Zemler said another reminder is the Comcast April 17 deadline for people to get digital devices for basic service otherwise they will lose service. Tjossem asked about the number of devices each household can have. Braden said each household get up to three free devices and anything above that number they will have to pay. 2) Lionshead Welcome Center Community Space final discussion on rates. Pam Brandmeyer, Assistant Town Manager, said Council had asked staff to come back with a more detailed rate plan. She reviewed the memorandum and rate schedule with Town of Vail Meeting Minutes of Apri13, 2012 Page Z the Council. She said they plan on marketing this space within existing sites. If Council wants to market it differently, they would need extra funding. Rogers said it looks good. Daly asked for the contact information to be sent to Council so they can hand it out to folks who ask them for it. 3) Lionshead Welcome Center Community Space Naming discussion. Mayor Daly requested the staff form a committee to review the names submitted. The subcommittee should include two Council members and finro staff members to review the names. The subcommittee will then come back to Council with the recommendation of the name. Tjossem said finro community members should be on the subcommittee as well. Donovan and Foley agreed to be the Council committee members. Zemler will appoint two staff members and then those four people will select two community members. He stated a few additional names were submitted after the deadline. Daly asked Brandmeyer to chair the subcommittee. The fourth item on the agenda was first reading of Ordinance No. 3, Series 2012, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Heavy Equipment Fund. Kathleen Halloran, Budget Manager, said this is the first supplemental to the town's budget for 2012. Daly asked about the purpose of the supplemental process and wanted clarification that it is to address items that need to be rolled over or re-appropriated from one budget year to another and other items the Council needs to consider for emergencies and out of cycle requests. Tjossem asked Zemler how staff uses the supplemental process system. Zemler said the first supplemental looks different then other supplementals in the year as this one addresses re- appropriations from the previous year. The fire station falls into this category as they may need to move the project up due to the possibility of using the space if staff moves. The Town will need to fix it prior to the move. Further discussion ensued on various line items including a business systems replacement. The original budget was $175,000 in 2011; however, system costs are higher and now this line item is budgeted for $400,000 which includes the 2011 rollover as it was not used in 2011. Zemler said this is also part of the municipal redevelopment move process as the current system is limping now and is outdated at over 20 years old. Moffet made a motion to approve first reading of Ordinance No. 3, Series of 2012, and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was a discussion regarding the Athletics, Culture and Events (ACE) independent funding initiative request. Mia Vlaar, said she miss-spoke previously when she said they were only a citizen group. The group was formed at the request of the previous sitting Council. She went through the PowerPoint presentation. She discussed the strategic goals, values, mission, governance, funding criteria, tiering mechanisms: i.e., non-profit groups, 50% funding; proven events 30%; Town of Vail Meeting Minutes of Apri13, 2012 Page 3 15% funding opportunity to new or one time events; and 5% available to offset the town's expenses. She discussed benefits to the town: economic development; support and sustain Vail's iconic programs and events; energize Vail and generate sales and lodging revenue; and provide a funding safety net for established events and programs. This will free up $2.1 million from the town's General Fund plus another $300,000 from business license fees for a total of $2.4 million, to allocate to other Council priorities. Vlaar said ACE is requesting Council appropriate up to $15,000 to fund a voter poll to gauge support for the independent funding initiative. Results will be presented to the Council upon completion of the poll at the next available meeting for further input and direction. Rogers asked if the funds are approved by the voters, what would be the role of the current Commission on Special Events (CSE) board. Vlaar said the CSE would be disbanded and there would not be two separate boards. The CSE board members could apply to be on the ACE advisory board. Daly asked what the relationship was befinreen the Vail Local Marketing District Advisory Council (VLMDAC) and ACE. Vlaar said the VLMDAC would dictate who, what, when and how the funds would be distributed. ACE would manage and follow through with the events they chose. Rogers asked if this would require an ordinance to be approved to disband the CSE. Mire stated any boards and commissions have to be changed by ordinance. Rogers asked if the ACE advisory council would be allowed to have a council member on it. Mire said the town charter states that no council member can sit on another town board. Daly asked if the two taxes would create $4.2 million in revenue. Vlaar said it would free up $2.1 million from the town's revenue. Vlaar said it wouldn't be that flexible but that the advisory council would be determining the funding. Moffet said he is concerned about misuse of the funds. He would like a case made for more than doubling the funding. He doesn't see the need for it. On a broader policy basis, this worries him because if we insulate the special event funding process from the political process, the business managers may not care what happens behind the council table. If this goes away where is the incentive? He wanted a more thoughtful analysis of unintended consequences. Mire said you can change the charter but it would have to go to the voters. Daly said from what he has seen, from a competitive standpoint we a�e already out spending the town's competitors. He believes this is far more money than is necessary. He asked why they need more funding. Vlaar said the funds were to help grow events not just to maintain them. They feel iYs important to stay ahead of the curve and not get behind it when it comes to special events. Donovan said they are rushing this process by going out and doing a voter poll. This is currently a tax adverse climate. The School District 3B question was killed last year and a November ballot question would be toxic. She would like to wait and have this discussion in a year to get more information to move forward and have a better climate to ask for a tax. She is concerned the recoil would be bad. Town of Vail Meeting Minutes of April 3, 2012 Page 4 Tjossem said the previous Council asked for this group to get together and this poll is another mechanism to get feedback to gauge if the community wants to move forward. The timing could be delayed and $15,000 to get feedback from one more segment is not inappropriate. Foley said he agrees with Tjossem. Kurz agrees as well. If the aim is to improve the town's economic situation, spending this money is not a big a deal. He is concerned about who will administer the funds and asked if the staff has the time and energy to do this. Zemler said this was a premature question and it should be a Council discussion on how to organize this at a future date. Zemler said the staff use could be a concern. Daly said he hasn't heard a good justification to give ACE $15,000 and doesn't see any urgency to getting this poll done. Bill Suarez with the Vail Chamber and Business Association (VCBA) and Billy's Island Grill said from the outset there isn't enough funding for events because there isn't enough money. From the business community standpoint, he thinks this would be a good thing. He said the lodging community is not totally behind this concept. There will be mixed support. He wants to hear from the lodging community. Vlaar said there is support from the Vail Economic Advisory Council, the Commission on Special Events, the Vail Local Marketing District Advisory Council and some lodges. Rogers made a motion to appropriate up to $15,000 to fund a voter poll to gauge support for the independent funding initiative. The motion was seconded by Tjossem. Foley said this will help to find out if this concept is accepted by the community. Zemler said he hopes the survey will be reviewed by the Council. A vote was taken and the motion passed, 43; Donovan, Daly and Moffet opposed. The sixth item on the agenda was a discussion on an increase of the Ford Park Summer Parking Rates for summer 2012. Pam Brandmeyer, Assistant Town Manager, said this will be the first increase since implementation in 1997. She said there is a$20,000 shortfall for managing the summer parking plan at Ford Park. Staff said this is good timing as 15 additional parking spaces will be removed. Staff has met with all Ford Park "user groups" to discuss raising the in-close parking fees to a level that at a minimum will cover the disparity befinreen revenues and expenditures. $5 in-close parking was implemented soon after the passage of the Ford Park Management Plan in April 1997, but only after the South Frontage Road path was extended from the park to the Village Parking Structure. Almost 50 paid and managed parking days have been identified for the upcoming summer. With the success of the express shuttle from the Lionshead Parking Structure to Ford Park over these days, plus approximately 25 more covering Sunday Farmer's Markets and other assorted special events, staff now suggests that in-close parking should pay for itself and should close the $20,000 gap. An increase of $5 to $10 per event would cover this expense. User groups have been offered a discounted rate ($7.00) to satisfy their direct user's needs. Staff is requesting the Council approve the parking rate increase from $5 to $10 per event day. Moffet asked why the town charges at all. Brandmeyer said this is still revenue neutral and the park needs managed paid parking. Council is supporting a bus system of $100,000 to support this event area. Zemler said over time user groups have been controlling some of the parking spaces for their events. When Council approved the management plan, it was done with the condition there would be equity for every user group. Moffet said he hopes this isn't a town revenue measure. Town of Vail Meeting Minutes of Apri13, 2012 Page 5 Billy Suarez said thanked Brandmeyer as she put in a lot of work into this item. He agrees that $10 is a fair parking fee. He said he wanted to point out and had an objection to making athletic tournament people pay multiple times a day. He said there has to be a way that a family can park and go in and out, if there is a space, without paying again. The multiple charges for one day have to be changed and controlled. Brandmeyer said staff can look at that policy again. The key is if space is available. Suarez said the parking staff at Ford Park deserve sainthood as they deal with many disgruntled people. Kurz made a motion to approve an increase from $5 to 10 for in-close parking at Ford Park per event day, and user groups are discounted as in the past, beginning Summer of 2012. The motion was seconded by Donovan. Tjossem said she is going to vote against this. Foley said he is voting for it to get people to use the transportation centers. A vote was taken and the motion passed, 6-1, Tjossem opposed. The seventh item on the agenda was a discussion requesting the reallocation of funds for the East Meadow Drive Reconstruction. Tom Kassmel, Town Engineer, said staff is requesting to reallocate funds from the 2013 Budget to the 2012 budget in order to expedite the replacement of the heated streetscape within East Meadow Drive. He said East Meadow Drive from the Solaris bus neckdown to the Vail Road bus neckdown reconstruction was completed in the spring of 2005 and then modified in 2008. Since that time, there have been a numerous snowmelt leaks and breaks within the snowmelt tubing. The issue is a saturated sand layer beneath the pavers and not enough drainage. When heavy buses go over, it forces the pavers to be on the tubing and break. Staff believes that the condition of the sand and snowmelt has reached a point where it is necessary to replace the pavement section. Staff recommends replacing the existing pavement section (pavers, sand, snowmelt and asphalt) with a new section consisting of asphalt set pavers on top of snowmelt embedded in concrete. This particular new concrete section has been used successfully at the bus neckdowns at the Austria Haus, Solaris and Vail Road. The 2013 budget is carrying $500,000 for the replacement of this heated paver section. Staff suggests moving these funds from 2013 to 2012 and completing the repairs this spring. Staff recommends supplementing the 2012 budget in the amount of $500,000, and removing the same amount from the 2013 budget and to direct the Town Manager to enter into a contract, in a form approved by the Town Attorney, with B&B Excavating in the amount of $319,008.56 in order to complete the work this spring and ability to construct from 4/15 to before TEVA games on the last weekend in May. The timing is good to get this project done. Rogers asked why staff was asking for $500,000 if the bid was for $319,000. Rogers said she is more than happy to give the money but is frustrated that Council doesn't know what the cost will be. Kassmel said the staff has built in contingencies and that $400,000 would cover it. Kassmel said this request was a function of moving the funding from the 2013 to 2012 budget. Moffet made a motion to reallocate funds from the 2013 budget to the 2012 budget to expedite the replacement of the heated streetscape within East Meadow Drive. The motion was seconded by Donovan. Further discussion ensued. Moffet made a motion to amend his motion to include "up to $400,000" and Donovan seconded the amended motion. A vote was taken and the motion passed 7-0. Town of Vail Meeting Minutes of Apri13, 2012 Page 6 Zemler said he will make sure the details of the funding costs would be in the 2"d supplemental. The eighth item on the agenda was first reading of Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (WT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (V�/T) District, and setting forth details in regard thereto. Bill Gibson, Planner, reviewed the memorandum and power point on Ordinance No. 2. He said the applicant requests the Council approve Ordinance No. 2, Series of 2012, on first reading. The applicant requests that the Council table Resolution No. 7, Series of 2012, to its April 17, 2012, public hearing to correspond to the second reading of the associated Ordinance No. 2, Series of 2012. On November 14, 2011, the Planning and Environmental Commission (PEC) forwarded a recommendation of approval, with modifications, to the Council for the proposed Ordinance No. 2, Series of 2012, and Resolution No. 7, Series of 2012, by a vote of 41-1 (Rediker opposed and Pratt recused). The purpose of the proposed ordinance is to establish a new zone district, the Vail Village Townhouse (VV'T) District; and the purpose of the proposed resolution is to establish related design guidelines as part of the Vail Village Master Plan. The purpose for establishing a new zone district and related design guidelines are as follows: - Streamlining the development review process by establishing a new zone district to specifically address townhouse properties which reduces legal non- conformities and the need for future variances. - Create incentives for redevelopment of existing townhouse properties. - Preserve the existing residential character of the townhouse properties and the neighborhood. Daly asked about the landscaping going from 30% to 20% and why aren't they asking to keep as much landscaping as possible. Gibson said if they kept it at 30%, some of the properties would continue to be non-conforming. Daly wants to keep as much landscaping as possible. Gibson said the guidelines state the property owners need to pick one way or the other to be consistent. Donovan said she has concerns keeping the residential character but the roof value changes don't feel like a residential area anymore. She asked where 43 feet is residential in character. Gibson said this height came from the Vail Village core. Since it's called Vail Village Townhouse District, staff wanted to keep it consistent with the village. Rogers said the town has been dealing with this for years. If they can go to 48 feet, why hasn't anyone done it? Gibson said the practical challenge is the units today are constrained by the existing structure. Once you demo/rebuild the property, owners must comply with the town's guidelines, subsequently losing their square footage. They can't capture floor area by modifying attics and basements. Daly said going to 48 feet would not be feasible for many units. There would be a loss if they rebuilt and some units are over on density. Additional discussion ensued regarding gross residential floor area (GRFA), height and landscaping. Town of Vail Meeting Minutes of Apri13, 2012 Page 7 Dominic Mauriello, with Mauriello Consulting, stated these were built in 1962 and built with 20% landscape area. Befinreen 1970 and 1985, this made all the properties non-conforming for this provision in the code. That's why most of the properties meet the 20% and not the 30%. He thinks what staff has shown is within the design controls in place. The fa�ades never change. It's the back side of the building that changes. This doesn't make a difference to pedestrians on the street side. It doesn't matter if the GRFA is 1.25 or 1.35. Donovan said Vail Trails East could change enormously. Gibson asked if the Council was going to table this item, the applicant wanted to skip a meeting and move it to May 1 S` as Kyle Webb and Dominic Mauriello would be out of town on April 17. John Dunn, a local attorney representing the Bridgewaters, one of the property owners, said they are opposed because of unintended consequences on Lot 11. They are concerned about homes on either side of their property. They want to know how they would be protected and what it would look like. They are concerned about the GRFA as well. They want Council not to adopt this ordinance or change the ratio of GRFA back to the original. Moffet is comfortable with the way the ordinance reads as is. Moffet made a motion to approve first reading of Ordinance No. 2, Series of 2012, and subject to findings on page 5 of the staff memo dated April 3, 2012. The motion was seconded by Kurz. Moffet said they were tormenting people needlessly. This ordinance simplifies the process and gets rid of a lot of processes and accomplishes the town's objectives. Kurz agrees with Moffet and said they need to look at redevelopment in a different way than the past. The market suggests needing to do things differently and to allow property owners to improve their residences. Donovan is opposed as she feels this still needs more work. Rogers and Foley agree with Donovan. Daly said he is also not in support of this ordinance as this is part of the main corridors of Vail. Tjossem is voting in favor as it has gone through finro sessions of PEC and the neighborhood has been involved. The staff has nurtured the process and come up with a great compromise. She asked Moffet to amend his vote to table this item to the May 1 meeting. Moffet moved to withdraw his first motion and Tjossem seconded the motion. Moffet moved to table this item to the May 1 meeting. The motion was seconded by Foley. Rogers said she doesn't get this process and would like to see a new 3D model done by Mauriello to see the differences. A vote was taken and the motion passed 7-0. Mire said that was not necessary to make a motion to table Resolution No. 7, Series of 2012, to the May 1 St meeting. A request was made to delay item number 9, Ordinance no. 6 to later in the evening. A five minute break was taken at 9:08 p.m. After the break the tenth, now ninth item was moved up on the agenda. It was Resolution No. 15, Series 2012, a resolution approving the conveyance of a portion of the real property located at 75 South Frontage Road, Vail, Colorado (the Town Hall property) from The Vail, Colorado, Municipal Building Authority and accepting such property. Town of Vail Meeting Minutes of Apri13, 2012 Page 8 Matt Mire, Town Attorney, stated there was a minor title correction for the real property described in Resolution No. 15, Series 2012, (the "Property") was owned by the Vail, Colorado, Municipal Building Authority (the "Authority"), a Colorado non-profit corporation. The Authority was originally incorporated in 1970 and again in 1985, for the purpose of financing the construction of town facilities on the Property. Pursuant to the Authority's Articles of Incorporation, the Authority was to convey the Property back to the town once all outstanding debt on the Property was fully satisfied. All outstanding debt on the Property has been fully satisfied. On or about March 22, 2012, the Authority conveyed the Property to the Town. The Council, via Resolution No. 15, Series 2012, wishes to approve such conveyance and accept the Property. The Council will then authorize the conveyance of the Property as set forth in Ordinance No. 4, Series 2012. Rogers made a motion to approve Resolution No. 15, and the motion was seconded by Foley. Daly reiterated that the town had set up an organization to own the Property and the debt was paid off years ago and this cleaned up the title to the property. A vote was taken and the motion passed unanimously, 7-0. The tenth (was ninth) item on the agenda was first reading of Ordinance No. 6, Series of 2012, an ordinance reestablishing "temporary business office" as a conditional use within the Lionshead Mixed Use 1 District, and setting forth details in regard thereto. Warren Campbell, Chief Planner, said on November 16, 2004, the Council adopted Ordinance No. 26, Series of 2004. This ordinance created the "temporary business office" land use and established it as a conditional use within the Lionshead Mixed Use 1 District. Within the ordinance there was a provision causing the land use to cease being a conditional use on December 31, 2008. The purpose of the text amendment was to provide adequate temporary sites and locations for existing business offices currently in Lionshead that are displaced for a period of time during construction in Lionshead. On March 5, 2012, the Planning and Environmental Commission (PEC) unanimously fonnrarded a recommendation of approval to reestablish "temporary business office" as a conditional use within the Lionshead Mixed Use 1 District. The PEC recommended the Council approve Ordinance No. 6, Series of 2012, on first reading. The request for a conditional use needs to come before PEC and then Council will hear it in the PEC reports and can bring it up if so needed. It was made very clear that this is an office use that was displaced due to �edevelopment. Tjossem said this has been a win/win situation. Foley made a motion to approve first reading of Ordinance No. 6, Series of 2012, and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. The eleventh item on the agenda was second reading of Ordinance No. 4, Series of 2012, an ordinance authorizing the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, (the "Town Hall Property") to Vail MOB, LLC, for the purchase price of $5 million, and setting forth details in regard thereto. George Ruther, Community Development Director, said this was second reading of Ordinance No. 4, Series of 2012. He stated the Town of Vail (TOV), in cooperation with the Vail Valley Medical Center (WMC) and the Steadman Clinic (SC), wishes to redevelop a portion of the town's property located at 75 South Frontage Road. To do so, the TOV, WMC and SC signed a Town of Vail Meeting Minutes of Apri13, 2012 Page 9 memorandum of understanding, which in part, acknowledges the sale of a portion of Town property to WMC and SC for $5 million. The purchase price was established based upon a value of use appraisal completed for the property. Pursuant to the terms of the purchase and sale agreement, the title to the property shall not occur until such time as a building permit for the new medical office building is ready for issuance and a construction loan guaranteeing the construction of the building is secured and ready for funding. Staff will be coming back on May 1, asking the Council to authorize the town manager to sign a purchase and sale agreement to move forward. The transfer will not occur until such time as the project has gone through the town's PEC and DRB process and a building permit is ready for issuance and a construction loan has been issued. Rogers made a motion to approve second reading of Ordinance No. 4, Series of 2012, with one addition of a"whereas clause" that says, "Whereas the Council finds this will insure the long term presence of the hospital and clinic in the town" and the motion was seconded by Tjossem. Daly said one of his major Council objectives is to insure the hospital and clinic stay in town for the long term. These issues will be addressed during the purchase and sale agreement. This will make sure Council feels comfortable with the process, make sure fiduciary responsibilities will be done and a construction contract will be addressed in a timely basis. Mire point out that the only amendment after first reading was to clear up the title. A letter submitted for the record by Dick Neal will be part of the record. Mark Philippon thanked the Council and staff on behalf of his team. They are looking forward to many years to come in this collaboration. A vote was taken and the motion passed unanimously, 7-0. Tjossem said she is proud of this Council for completing the vision of George Gillette in bringing Dr. Steadman to town. Dr. Steadman said he would like to thank George Gillette as well and he thanked the Council for the vote. The twelfth item on the agenda was the Ever Vail project. Warren Campbell, Chief Planner, said staff requests that the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2012 be continued to the April 17, 2012, public hearing. Moffet made a motion to continue the Ever Vail major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011, to the May 1 st, 2012 public hearing. The motion was seconded by Donovan. The thirteenth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 9:26 p.m. Town of Vail Meeting Minutes of Apri13, 2012 Page 10 .;.� 4 Attest: I ,�1�� �i� � �'-.....'. - Respectfully Submitted, Andrew P. Daly r ��Of. V;4/� �: : . . . . ' A • . � . . . . . . . �''•••......•:'s� Town of Vail Meeting Minutes of Apri13, 2012 Page 11 Vail Town Council Meeting Minutes Tuesday, April 17, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Ke�ry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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 Proclamation No. 3, Series of 2012 recognizing the 100th Anniversary of the Girl Scouts of America, which was read in its entirety by Greg Moffet. The second item on the agenda was Citizen's Participation. Michael Cacioppo stated when he was out of town, the Council sold town property for a medical office building. He is disappointed and believes the citizens should call for an election to have town citizen's vote to overturn the town's decision to sell the town's land. He said selling the land for $5 million to the hospital is a poor decision and Council is not looking out for the community's best interest. The third item on the agenda was the approval of the Consent Agenda. There were four items under the consent agenda: 1) Approval of March 6 and March 20, 2012 meeting minutes; 2) Approval of Resolution No. 18, Series of 2012; a resolution approving the employment of Rothergerber, Johnson and Lyons, LLP as special counsel; 3) Approval and Award of Contract for Frontage Road Shoulder Widening Project; and 4) Approval and Award of the 2012 Slurry Seal Project. Moffet made a motion to approve the meeting minutes of March 6, 2012, and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. Foley made a motion to approve the meeting minutes of March 20, 2012, and the motion was seconded by Donovan. Moffet said he was abstaining as he was not at that meeting. A vote was taken and the motion passed 6-0-1, with Moffet abstaining. Town of Vail Meeting Minutes of Apri117, 2012 Page 1 Moffet made a motion to approve Resolution No. 18, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. Moffet made a motion to approve the contract award to Icon Construction, Inc. for the Frontage Road shoulder widening project and the motion was seconded by Kurz. Donovan said the shoulder drainage means curb and gutter and is not appropriate. Chad Salli with Public Works said there was minimal curb and gutter. Foley said advance warning signs for bicyclists would be helpful. A vote was taken and the motion passed unanimously, 7-0. Moffet made a motion to approve the contract award to Intermountain Slurry Seal for the 2012 Slurry Seal project and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was the Town Manager Report. There were finro items under the town manager's report: 1) Selection of two Council members to the ACE subcommittee to review poll questions and ballot language. Zemler said ACE is requesting finro council members serve on the subcommittee. Kurz and Donovan said they would be happy to serve on this subcommittee. 2) Naming of the Lionshead Welcome Center Community Space. Pam Brandmeyer stated the subcommittee met Wednesday, April 11, to make a recommendation for the naming of the LionsHead Welcome Center Community Space. The committee made up of Kevin Foley, Kerry Donovan, Kim Newbury, Rob Levine, Kelli McDonald and Pam Brandmeyer, also did a site visit of the space. Some conclusions they shared were that the space itself doesn't speak strongly of a particular personality; if named after an individual, the individual should be deceased; rather than just a connection to Lionshead, it seems to pull the two villages together; the name must work on an invitation; is this the time to tie it into the Pioneer Weekend or to the Founders or to the 50th Anniversary or should the town work to better "name" individuals within the framework of public spaces that have already been designated, e.g., Founder's Plaza, Parker's Green/Founder's Garage, etc. After viewing the space and ending up on the western deck, the committee unanimously agreed upon: The Grand View. Since this is a combination of a couple of nominations but not an exact nomination itself, the committee recommends Council put all recommender's names in a hat, and draw for the 2012-13 parking pass. The subcommittee asks the Council to endorse the naming of this space as The Grand View and select a recipient of the 2012-13 parking pass. Rogers and Kurz said it was a good name. Daly said the committee had good rationale on basing the name on the criteria. The Council was unanimous in approving the Lionshead Community Space name to be The Grand View. Foley pulled the name of Wendy Erb for the gold parking pass for 2012-2013. The fifth item on the agenda was Resolution No. 17, Series of 2012, a resolution amending the Ford Park Management Plan and setting forth details in regard thereto. Town of Vail Meeting Minutes of Apri117, 2012 Page 2 Todd Oppenheimer, Public Works Department said on March 5, March 26, and April 9, 2012, the Planning and Environmental Commission (PEC) held public hearings to discuss the various proposed park improvements and the associated management plan amendments. On April 9, 2012, the PEC forwarded a recommendation of approval to the Council for the proposed amendments to the Ford Park Management Plan by a vote of 5-1 (Pratt opposed). Tom Braun, said he was representing the town, the Vail Recreation District and the Vail Valley Foundation in this discussion. He went through the memorandum and power point which included the current 1997 Management Plan for Ford Park and the proposed amendments to the management plan. Various aspects included: the goals of the management plan; vehicular entry changes for access into the park; loading and delivery, parking at Ford Park and Frontage Road parking; a bus stop; pedestrian circulation; financial responsibilities with leaseholders; the illustrative plan; the different user group areas, including the alpine gardens, the amphitheater, the athletic fields, the lower bench, the tennis center, Betty Ford Way and the pedestrian pathways. The amendments to the Ford Park Management Plan are more global big picture plans and guidelines for the whole park over the next few years. Daly said comments to the plan that he had is they keep things in balance. Oppenheimer said that's why they are updating the management plan rather than the master plan for Ford Park. Tjossem said this was a visioning statement and not what is happening. Donovan said they have to be careful because this is giving direction to future Councils. She said if staff adds in placeholders, it seems future Councils will view it as the direction to go and it will have tacit approval. Daly said one of the placeholders in there is managing the noise between the amphitheater and the athletic fields. There is a space left befinreen the fields and the amphitheater that may be open for future mitigation. He said he didn't see anything in the plan to have a policy on how that part of the park is to be managed and that there needs to be a continued balance of utilization. Oppenheimer said that part of the plan has not changed and it is still part of the management plan. Tjossem said the park is currently not being managed that way now. Oppenheimer said that is being worked on to make a barrier that is aesthetically correct and help alleviate the problem. Rogers made a motion to approve Resolution No. 17, amending the Ford Park Management Plan with the findings on page 4 of the staff memorandum, and the motion was seconded by Kurz and Foley. Donovan said she is not supporting this as she can't support additional buildings in the park. Tjossem questioned why this was being passed tonight when there are a lot of loose ends. Oppenheimer said everything in the management plan is at the same level but has been addressed to have things in balance and not to creat additional conflicts. Timing is critical as the plan is to spend the first part of conference center funds on a restroom building and a maintenance and storage building this August. This needs to get into the PEC development plan process to keep the plan moving forward. Further discussion ensued about how the process worked. Sandy Gregorack, with the Betty Ford Alpine Gardens, said she has read the 1997 Ford Park Management Plan, and said the plan currently allows for buildings in this area. Town of Vail Meeting Minutes of April 17, 2012 Page 3 Rogers said this does not alter the fundamental uses of the park, there are no uses being approved and this is a management plan for all the uses. Building an educational center is consistent with what the park is all about. Gardens are about nature so an educational center is appropriate. It is not appropriate to make a big building and intrude into view corridors. This park is much more than about open space. This park needs to be shared by all users. If the Betty Ford Alpine Gardens(BFAG) raises the funds for the building, they would still have to go through the development process approvals. Everyone needs to keep the vision of the plan and not to vote to approve specific structures. They are just going through the process to make the Ford Park management plan updated. Daly asked if the lower bench playground restrooms are anticipated but there are no funds for the structure. Oppenheimer said there have been no funds allocated at this time. Additional discussion ensued about various aspects of the park. A vote was taken and the motion passed, 6-1, with Donovan opposed. Zemler thanked Oppenheimer for all his work on the project. The sixth item on the agenda was second reading of Ordinance No. 3, Series 2012 an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Heavy Equipment Fund. Kathleen Halloran said there were two changes to the ordinance: the general fund was increased by $15,000 for a voter poll on the ACE project and the capital fund was changed by $380,000 for a rebuild on East Meadow Drive. Moffet made a motion to approve second reading of Ordinance No. 3, Series of 2012, and the motion was seconded by Foley. Donovan asked about RETT funds of $50,000 to replace the screen on the bike path at Dowd Junction. Greg Hall said this is for keeping the recreation path open. The current screen is very ripped up right now and the screen is in place for 6-8 weeks. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was second reading of Ordinance No. 6, Series of 2012, an ordinance reestablishing "temporary business office" as a conditional use within the Lionshead Mixed Use 1 District, and setting forth details in regard thereto. Warren Campbell, Community Development Chief Planner, said no changes have been made since first reading. Kurz made a motion to approve second reading of Ordinance No. 6, Series of 2012, and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was Resolution No. 19, Series of 2012 - Fee-in-Lieu for Commercial Linkage and Inclusionary Zoning. George Ruther, Community Development Director, said the Town of Vail adopted Commercial Linkage and Inclusionary Zoning Employee Housing requirements in April, 2007. One of the methods of mitigation is payment of a fee-in-lieu. Annually, the Council adopts the fee-in-lieu amount for Commercial Linkage and Inclusionary Zoning. This is an annual adoption which Town of Vail Meeting Minutes of Apri117, 2012 Page 4 happens at the second meeting in April. He went through the memorandum and this is based on three years prior data. The 2012 fee calculation for commercial linkage is $84,298 per unit and rounded up to the next whole dollar. The inclusionary zoning cost is $137.65 and rounded to the next whole dollar. The formulas set in place the 2012 fee in lieu calculations. Rogers made a motion to approve Resolution No. 19, Series of 2012, and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 7:15 p.m. Attest: �-� Lor I D aldson, T wn Clerk Respectfully Submitted, Andy Daly yor : SEAL : . . . . , �;: •.......•�o. Town of Vail Meeting Minutes of Apri117, 2012 Page 5 Vail Town Council Meeting Minutes Tuesday, May 1, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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 a Proclamation No. 4, Series of 2012, designating the month of May, 2012 as "Building Safety Month" in the Town of Vail. Ludwig Kurz read the proclamation for "Building Safety Month" into the record. Moffet made a motion to adopt Proclamation No. 4, and Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Martin Haeberle, Chief Building Official, thanked Council. He said there will be several events supporting building safety month throughout the month including: disaster mitigation; drought resistant landscaping; fire safety; a tour of the fire station; backyard safety and others. The second item on the agenda was Citizen's Participation. Brandmeyer introduced Shane Gremer on behalf of Safebuilt. Safebuilt is celebrating their 25�' anniversary and is giving back to the community of Vail. They presented a check to Red Sandstone Elementary School Principal Katherine Lange for $1,000. Lange thanked Gremer and Safebuilt for the generous donation. Daly thanked Safebuilt for investing in Vail's community. Chris Moffet, wife of Councilmember Greg Moffet, brought in a cake to celebrate Greg's birthday. The Council and attendees sang happy birthday to Greg. Jeff Layman introduced himself to the Council and the community as a candidate for commissioner for Eagle County. He stated Peter Runyon is term limited and cannot run again. He said he has the knowledge, skill and abilities to serve county residents well. He said he is not a one issue candidate. He said he will remember that Vail is a predominant economic driver in the county. He said the Primary Election is June 26 and the General Election is November 6`h. He asked people to vote at both elections. Town Council May 1, 2012 minutes Page 1 Jamie Duke introduced himself as the new Chairman of the Board for the Colorado Ski Museum. He thanked the town for 37 uninterrupted years of support. He said there has been confusion on what the museum's role is in Vail. He said the board passed a resolution at their last meeting which clarified their role and responsibilities in the Vail area. The intent is to serve local and state ski museum roles. The museum was originally funded by the Town of Vail, Vail Resorts and the Forest service. The museum's site is ideal and as a community and statewide museum. He read the resolution into the record. The Resolution will be attached for the record. Daly thanked Duke for the clarification regarding their important role to the community and the ski and snowboard industry. The third item on the agenda was the Town Manager's Report. Greg Hall discussed the re-zoning of the Golf Course Clubhouse and said the application to the Planning and Environmental Commission (PEC) had been submitted for General Use zoning. If all goes as planned, this project will be in front of Council on June 5, 2012. A text amendment will also clean up the code language. Zemler addressed the replacement of one of the fire trucks. He said the replacement would be a wild land fire fighting truck, which is a Type 7 vehicle. The current Type 6 vehicle will be added back into the fleet. The new truck will truly be a wild land fire truck to enhance Vail's ability to respond to any wild land fire issue. The Eagle River Fire District and Eagle Fire District have these vehicles and this will bring the total up to about 6 or 7 wild land fire trucks that can be utilized across Eagle County. Tjossem asked if a fire is on Forest Service or BLM land, would Vail go after it as if iYs in Vail. Zemler said initially, the Vail Fire Department would definitely strike immediately until other resources arrived. The objective is to contain the fire as quickly as possible. The fourth item on the agenda was a review of the ballot language and voter poll for a proposed tax increase for the purpose of creating, sustaining and ensuring a dedicated funding source for qualified athletic and cultural events and programs in the Town of Vail and supporting operations and infrastructure in the Town of Vail related to special events. Kelli McDonald, Economic Development Manager, reviewed the memorandum with Council. She said staff is requesting the Council review the ballot language and voter poll questions presented by Magellan Strategies and provide direction for the polling scheduled to begin May 7, 2012. At the April 3 meeting, Council directed up to $15,000 be spent on a voter poll to gauge support for a proposed tax increase. Such taxes would require approval by the Vail electorate. The proposed ballot issue of an annual levy of an additional one and one-half percent (1.5%) lodging tax and one-half percent (.5%) sales tax on all transactions the town's existing tax applies to, except for the sales of food for home consumption, is projected to generate $4.5 million annually, commencing January 1, 2013 and expiring on December 31, 2017. In 2012, the Council allocated approximately $2.4 million in funding and $300,000 to in- kind services for a total of $2.7 million for this same purpose. David Flaherty, with Magellan Strategies, discussed the proposed language and the voter poll his company will be doing for this issue. He said due to trends, a cell phone cannot be used to Town Council May 1, 2012 minutes Page 2 poll voters. They have to attempt to call land lines and then cell phones. He proposed a three mode interview approach. The first attempt will be to call land lines for three nights, then attempt to contact registered voters by cell phones (they will comply with federal regulations); and then attempt to contact people via on-line email addresses. A web-based survey will be on- line and they will send emails to registered individual voters. To participate in the online survey, they are requesting the first and last name of the person and their birth year. Once the survey is taken, it's locked in so they can't vote again. He said through the three modalities, they hope to get 300 surveys done. He reviewed the ballot language with Council. Rogers said the ballot language needs to be consistent with what the survey questions are asking. Daly said they haven't had a discussion on how the funds will be allocated relative to existing organizations and to new events. Also, if this moves forward, will approximately $2.1 million be put into special events and other activities, what type of return are they looking for and what is the urgency to get this done now. Kelli McDonald, Economic Development Manager, said this is not the time to discuss how the funds will be allocated as this was discussed previously by Mia Vlaar. Daly said he doesn't want to put the cart before the horse. Rogers said she has the same concerns and wants to know how they will be allocating it. Will it be the same as we are currently doing or will it be different. What if a constituent asks the question, what is Council going to tell them. Tjossem said there were tiers that were part of the original proposal and descriptions of each tier. She said the application process is extensive. She asked if Rogers and Daly would be comfortable moving forward with just the criteria of the tiers. Rogers said the Council hasn't agreed to use the tiered system. Rogers said people don't like to raise taxes. Zemler said this is time sensitive and needs to stay on track. McDonald said the results would be brought to Council at a June meeting. She stated the criteria and details of the tiering method would need to be finalized prior to going on the November ballot in July if they have a positive response from the survey. Donovan said there are a lot of questions to be answered prior to getting it on the November ballot. Tjossem said Council may decide to hold off on getting it on the November ballot. Daly said the model is good but there are already groups that have expectations of the amount of funds they will be receiving. Daly asked if there is a savings to the town, shouldn't there be a property tax refund to the taxpayers. Moffet said the five-year sunset clause on this is a great concern to him. If they reduce taxes, how would the town fund events after the five years. Michael Kurz, Vail resident, said they are listing finrelve events in the poll and most are iconic events. He asked what percentage of these particular events is part of the total events. He said the ones chosen are problematic. He said these are events everyone likes. He wants more balance between iconic events and lesser known events in the poll. He said there is a question about what percentage the town would put in and if the promoters put in less money, are we funding the promoters or should they return money to the town. Town Council May 1, 2012 minutes Page 3 Rich ten Braak, with the Vail Chamber and Business Association (VCBA), said the VCBA members have discussed this issue but they are waiting for the poll results. Michael Cacioppo said the ballot language is too vague. He read the sunset language and said that was the only part of the ballot language that made sense. He said not having sunset language would not get this passed. He asked Flaherty what other projects he has polled in Eagle County. Flaherty said he handled the Eagle River Station (ERS) poll. Jim Lamont, representing the Vail Village Homeowners Association (WHA), asked how the on- line poll would work. Flaherty said they want to link and post the survey on the town's website. They would match the person and their address. Lamont stated the ballot language should say "draft ballot question" as there needs to be flexibility to change the ballot language after the poll is done. This is a time sensitive issue which needs to get it into the process, but they need flexibility on how the language will read. This is an economic development tool. Mia Vlaar, representing the Athletic and Cultural Events (ACE) group, thanked those who participated in the discussion and said they had valid comments. She said the point of this discussion is to get the poll done and see if there is community support for the ballot initiative itself. Tjossem asked Vlaar to explain why a sunset clause was included. Vlaar said this was to take what they are proposing, have a cohesive process to see if it works and then go back to the voters again after the sunset, to see if the community wants to keep it. Donovan said Lamont's comment to add "draft ballot question" to the language is important and is an honest way to proceed. She said Kurz' comments to add more variety of events to the poll survey is valid. Tjossem also agreed with Donovan. Rogers said her concern is the language as is, is too narrow. Flaherty said they have time to put this off in the next two weeks. Daly said the current committee and two council members should meet and modify the language. He feels the best thing to do is to table this item to the ne�ct meeting. Further discussion ensued. Donovan made a motion to make the language more narrow and add "draft" to the survey poll document, and the motion was seconded by Foley. A vote was taken and the motion passed, 4-3 with Moffet, Rogers and Daly opposed. Rogers said she thinks this process is placing the cart before the horse. The fifth item on the agenda was Resolution No. 22, Series of 2012, a resolution approving the sale of real property in the Town of Vail legally described as a part of the Southeast Quarter of Section 6, Township 5 South Range 80 West of the 6�' Meridian According to the Map Thereof Recorded in the Office of the Eagle County, Colorado Clerk and Recorder; and Setting Forth Details in Regard Thereto. Matt Mire, Town Attorney, said a revised Purchase and Sale Agreement was handed out and is at the back of the room for the public, and a copy was placed in front of Council. He reviewed the resolution changes and said the resolution approves the sale of the property. Town Council May 1, 2012 minutes Page 4 Daly asked Mire if they were going to add the language to the resolution to move forward with the sale of the property to encourage the long term residence of the Steadman Clinic and the hospital to stay in Vail. George Ruther, Community Development Director, stated that language was in the ordinance. Moffet made a motion to approve Resolution No. 22, Series of 2012, and the motion was seconded by Rogers. A vote was taken and the motion passed, 7-0. The sixth item on the agenda was first reading of Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12- 3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (WT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (WT) District, and setting forth details in regard thereto. George Ruther said this process has been on going for finro years. Staff identified there was a blatant and clear need that this section of the code needed to be cleared up. He said they have seen about three or four projects come through and this process is very time consuming. He said staff has worked long and hard on a solution that achieves the objectives in an equitable fashion. This ordinance has created an incentive that allows for redevelopment to occur. This will be an easier and clearer process. Creating the design guidelines will maintain and preserve the character of the neighborhood. Tjossem reminded the Council that staff came up with a creative way to solve a problem that the town has been grappling with for a very long time. Rogers said this is a well drafted ordinance, and the process has gone on for over finro-and-a- half years. She asked what the final decision was on the gross residential floor area (GRFA): was it 1.25, 1.35 or 1.50. Council had given a recommendation of 1.25. Campbell said the final recommendation by PEC was 1.35. Dominic Mauriello, representing some of the homeowners, said they wanted the GRFA to be 1.50. He said at that time these were built, there were no design guideline principles in place. Mauriello reviewed a three-dimensional model with Council with regard to the GRFA. Further discussion ensued regarding height, GRFA, setbacks, number of stories, etc. Kyle Webb, Architect, showed another model that tested and maxed out the GRFA. He showed what is allowable under current code and what could happen now but probably couldn't be built. Mauriello said they could get away with not having GRFA but no building could be more than 1.73 GRFA. He said Council should consider not having GRFA. Moffet was concerned about that comment. Rogers is concerned with the height being 43 feet. Town Council May 1, 2012 minutes Page 5 Mauriello said the need for 43 feet is to allow for a ridge and down slope toward the creek. He said this is not noticeable from the street side. Campbell pointed out one of the design standards is that the roofs are pitched and sloping and in keeping with the character of the neighborhood. Rogers is concerned there will be too many tall buildings in town around Vail Trails East. Further discussion on height and setbacks ensued. Tjossem said the other buildings around this area are four and five levels. This is a different scale. The design guidelines preserve the neighborhood and will allow the owners to redevelop. They need incentives to regenerate and upgrade their 1960's buildings. She said staff has done a lot of work in this process and will vote in favor of this ordinance. Kurz said Tjossem explained it well and agrees this area needs to be improved. Council needs to be serious about future economic viability and incentivize to have these redeveloped. Donovan said staff has addressed the concerns of Council and appreciates their efforts. The guidelines encourages the intent. She is not comfortable about the 1.35 GRFA in the ordinance. She could support the ordinance without the 1.35 allowance. Moffet said current successes are key to the ability to adapt. He doesn't see this as damaging. He is fine deleting 12-6j-9, but is okay to keep in if other Council members want it left in. He said Council wants this area to be as nice an investment as the rest of the community. Rogers said getting over the character of the neighborhoods is the hard part for her. She feels this changes the character of Vail. She wants to go with 1.25 GRFA. Kyle Webb said the perception is the same from the street whether iYs 1.35 or 1.25 GRFA. He said other parts of the neighborhood have changed. Owners have put their redevelopment on hold waiting for this ordinance. Mauriello said these units could be condominiumized and become larger. There could be lots of things that can be done that could make it bigger. Daly said what is being proposed dramatically facilitates the development process without penalties. Staff has done a terrific job coming up with guidelines. He is uncomfortable passing this without GRFA. He is comfortable with the staff recommendation of 1.25 even though the PEC recommendation was 1.35. Moffet made a motion to approve Ordinance No. 2 with the staff findings in the memorandum, with a change from 1.35 to 1.25 for the GRFA. The motion was seconded by Donovan. A vote was taken and passed 6-1, Foley opposed. Staff requested the Council table Resolution No. 7, Series of 2012, to its May 15, public hearing to correspond to the second reading of the associated Ordinance No. 2, Series of 2012. Moffet made a motion to table Resolution No. 7 to the May 15, meeting to be heard at the time second �eading of Ordinance No. 2 is heard. The motion was seconded by Donovan. A vote was taken and the motion passed, 7-0. Town Council May 1, 2012 minutes Page 6 The seventh item on the agenda was Resolution No. 20, Series of 2012, a resolution authorizing the Town Manager to sign a Wireless Communications and License Agreement befinreen the Town of Vail and NewPath Nefinrorks, LLC; and setting forth details in regard thereto. Ron Braden, IT Director, said the 4G cellular service is with Crown Castle. He said this agreement is to bring 4G wireless to Vail and revamp the existing wireless network now in place. He said the Council wished to enter into a wireless communications and license agreement with NewPath Networks, LLC to enhance the wireless communications services and to avoid unnecessary disruption and administrative burdens throughout the town. Moffet made a motion to approve Resolution No. 20, Series of 2012, a resolution authorizing the Town Manager to sign a Wireless Communications and License Agreement between the Town of Vail and NewPath Networks, LLC; and setting forth details in regard thereto. The motion was seconded by Kurz. Foley asked if this agreement is replacing Century Link on the WiFi side. Braden said yes, this is a free and working WiFi system that will bring it up-to-date and the town will get much better service. The 4G service parameters are not in this agreement as that will be with various carriers. Daly said there is no way for us to force Crown Castle to ask for guarantees to provide service for a world class resort. There is nothing that guarantees better service and may not get us in a better position. Braden said the carriers will hold Crown Castle to do this. He said technology changes from year to year and is hard to nail down. He said the communication expert reviewed the technical aspects of the agreement and signed off on this agreement. Mire said Ken Feldman looked at this agreement and had some concerns and Mire had questions as well. He said he shares some concerns and wants a work session to discuss the agreement as a 30- year term with no ability to raise standards should be addressed. Rogers asked if it will be free WiFi across the town. Braden said yes. Moffet made a motion to withdraw his previous motion at this time. Kurz withdrew his second of the original motion. Moffet then moved to table this item to the May 15th meeting, and the motion was seconded by Foley and Kurz. Donovan asked for copy of what the coverage areas are, not just the cellular. Braden said the goal is to provide town wide coverage. A vote was taken and the motion passed, 7-0. The eighth item on the agenda was the Ever Vail project. Warren Campbell, Chief Planner, stated staff requests the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2012 be continued to the June 5, 2012, public hearing. Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 to the June 5, 2012 public hearing. The motion was seconded by Kurz. Town Council May 1, 2012 minutes Page 7 Foley asked why this item was being tabled again. Daly said iYs because the developer improvement agreement hasn't been done. A vote was taken and the motion passed, 7-0. The ninth item on the agenda was adjournment. As there was no further business, Foley made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:35 p.m. Attest: ' t ,. ��- - Lor ei onalds n, Town Clerk Respectful Submitted, Andy Daly, Mayor �o •""��•� : :l : . ; SEAL : � •••.......•� : �� ORP�� Town Council May 1, 2012 minutes Page 8 Vail Town Council Meeting Minutes Tuesday, May 15, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Ludwig Kurz Greg Moffet Margaret Rogers Susie Tjossem Members Absent: Kevin Foley Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was the Vail Youth Recognition Awards for 2012. Scott O'Connell, representative for the Vail Valley Exchange and the Vail Recreation District, presented the 2012 Vail Youth Recognition Awards for 2012 to Battle Mountain High School junior Meredith Steinke, and Vail Mountain School senior, Sage Ebel. These awards were created to recognize and award youth in Vail for their excellence in academics and as great role models for their peers. The second item on the agenda was Citizen's Participation. Jim Lamont, representing the Vail Homeowners Association (VHOA), said they have been watching the Ever Vail project being continued for quite some time. They have been looking for the Ever Vail project to be developed and are curious to get an update on where the Ever Vail process will continue. Daly said what has delayed was the negotiation of the Developer Agreement. This should be in front of Council within 30-45 days, then back to the approval process in July. The third item on the agenda was a discussion regarding the water supply and drought conditions in Eagle County by Eagle River Water and Sanitation District (ERWDS) representatives. Diane Johnson, Public Affairs and Communications Director for ERWSD, said they have been notifying and educating as many people as possible on drought conditions in the area and how to handle it. Eagle County is classified as a D2 class or severe conditions area. Overall 95% of Colorado is in drought conditions. The lack of winter snowpack is the cause of the drought conditions in Colorado. She reviewed the power point presentation with Council. She said the peak run day is usually around May 2"�. This year it was finro months early, March 4-8. As of May 14, snow pack is 57% of average. Snowpack is Colorado's primary water reservoir. Town Council Meeting Minutes of May 15, 2012 Page 1 Todd Fessenden, Director of Operations for ERWSD, noted the improvements they have done to create more efficient use of water. He said the Vail Golf Course is a community leader in improving their water system. He reviewed the improvements that have been done since 2002: expansion of capacity; tank capacity; improved intake structures; identification of ground water tost within the system due to leaks was reduced from 30% to 10%; and managing water demand through community actions. The drought management priorities are public safery and health (maintain fire storage and normal indoor use); aquatic health (proactively support stream ecology); local economy (recreation and tourism); and reliability (minimize disruption of service). He said the prevention and coordination will help increase monitoring of water use regulations. They will work with local governments to identify and prioritize through an intergovernmental agreement based on priority needs. ERWSD will coordinate necessary diversions, processes and outreach education. They are working with landscapers and educating property owners. Johnson said there has been a lot of great work done with town departments. They have been working with Fire and Emergency services on wildfire preparedness; protection of critical infrastructure and safety training; working with Public Works to prioritize water use in parks and public spaces and irrigation permit processing; and landscaping requirements with the Community Development Department. They will be focusing on outdoor usage with the community. They are preparing people to make plans this summer when outdoor usage will be restricted. They are educating them on how to be prepared when a notice is issued that water will not be available for outdoor usage. The fourth item on the agenda was the Consent Agenda, which included the April 3 and April 17, meeting minutes. Moffet made a motion to approve the consent agenda and the motion was seconded by Donovan. A vote was taken and the motion passed, 6-0. The fifth item on the agenda was the Town Manager Report. There was nothing to report. The sixth item on the agenda was Resolution No. 21, Series 2012, a resolution authorizing the Town Manager to enter into agreement(s) between the Town of Vail and selected vendors for the purchase and installation of financial systems for the town. Kathleen Halloran, Budget Manager, stated staff reviewed several finance systems. The town staff has chosen New World Systems Corporation for the financial system upgrade. She said this system doesn't meet all of the town's financial system needs but meets most of them. She requested Council approve the Town Manager to enter into an agreement with New World Systems. Overall, staff will keep the project within budget. Daly asked if all four systems that the town has could be done by one vendor and when staff would implement the new system. Halloran said one system for all the needs would be wonderFul. However, there is not an available option, especially for the sales tax component, as there are few municipalities that are self collecting for sales tax like Vail. She said they would move forward as early as June and go "live" in October. Zemler said one of the challenges is the possible move of the municipal building. Halloran said the current AS 400 financial system is directly connected to the Town Council Meeting Minutes of May 15, 2012 Page 2 municipal site and cannot be accessed remotely. The new system is web based and can be accessed from several sites. Moffet made a motion to approve Resolution No. 21, and the motion was seconded by Tjossem. A vote was taken and the motion passed, 6-0. Zemler thanked staff for the tremendous number of hours expended in time, effort and research put into this process. The seventh item on the agenda was the Welcome Center Operations discussion. Suzanne Silverthorn did a historical recap of how this process and discussion came about. She said the Town of Vail (TOV) has historically provided the funding and facilities to operate visitor centers in Vail Village and Lionshead in its role to stimulate economic vitality and prosperity for Vail businesses. For many years, the centers were managed by a non-profit, the Vail Valley Chamber & Tourism Bureau (WCTB). In 2005, a subcommittee was created with representation from town staff and Council to refine a request for proposal (RFP) process for the future operation of the centers based on a set of singular guest service goals, with an emphasis on equal representation of all Vail business license holders. This included elimination of a commission fee for lodging and activities booked within the center, a policy which remains in place today. During the 2005 RFP process, operational bids were submitted by the WCTB, Vail Chamber & Business Association (VCBA) and Vail Info, Inc. The review team recommended selection of Vail Info, Inc., to operate the centers, in part, because its independent status as a for-profit business would align best with the town's vision and goals in providing faimess in representing the business community. Since then, Vail Info, Inc., has been contracted to operate the visitor centers for finro-concurrent three-year terms, plus a one-year extension to allow the town to complete initial phases of the Guest Enhancement Initiative, including the opening of the new Lionshead Welcome Center. The current operational contract with Vail Info, Inc., ends on September 30, 2012. This $206,813 contract provides for 5,784 hours of annual operation ($198,290), plus new services to include scheduling and coordination of the Community Hosts ($8,523). The review team, which included Council members Kerry Donovan and Susie Tjossem, and staff members, JP Power, Krista Miller and Suzanne Silverthorn, evaluated the desired scope of services for future operation of the Welcome Centers which incorporates the Guest Enhancement Initiative programming components of high-touch/high-tech. The review team identified two operational approaches for consideration and policy direction by the Council: 1) Selection of contract operator via an RFP process. The RFP would be issued in May, 2012 with the contract to begin Oct. 1, 2012. (Note: Another alternative is to negotiate a new contract with the existing contract operator, Vail Info. Inc.); or 2) Town-operated function overseen by a Town of Vail guest services manager and guest services specialist with support from TOV seasonal employees and volunteer hosts to begin Oct. 1, 2012. After evaluating the two approaches and the pros and cons associated with each, the review team recognizes inherent conflicts within the recently adopted Town Council Strategic Plan. On the one hand, the Council has endorsed actions to "develop an economic development strategy to encourage small business to remain and to locate in Vail." Another stated goal is to "improve the quality of the guest experience" that will set Vail apart from its competition. After thoughtFul debate and consideration, the review team believes that while both operational approaches Town Council Meeting Minutes of May 15, 2012 Page 3 would contribute to the Council's overriding goal to improve economic vitality, a town-managed operation for the near-term (three years) would provide the greatest benefits. The rationale is as follows: because the Guest Service Enhancement Initiative is in its early stages, a town-managed operation for the near-term allows the Welcome Center programming to evolve more fully with greater opportunities for shared resources and consolidation of effort. Currently a work in progress, the opportunity to test and refine the operations in-house before a fixed contract is assigned would be of great benefit to the town and a future contractor. This pilot arrangement would provide the flexibility for adjustment and adaptation on a daily basis. In addition, after analyzing associated costs, the Review Team has determined a town-managed operation would be comparable in cost to a contracted Welcome Center program. In this scenario, the return on the town's investment would be derived from value-added services through increased coordination and integration as a result of direct day-to-day management of the Welcome Centers. Additional efficiencies are envisioned in the future with the possibility of enhanced guest services at Checkpoint Charlie, the ability to sell parking passes from the Welcome Centers, and potential staffing support for management of The Grand View community space. The town received correspondence from Bobby Bank with Vail Info., Inc., to continue to have a three-year contract. Staff is looking for policy direction from Council. Rogers asked if the staff has investigated if other towns manage this process in-house. Silverthorn said they didn't uncover any entity that operated it as the town did, most were in- house. Daly said he thinks the review team should solicit input and feedback from the community. Tjossem said there were several community members involved in the Welcome Center process. Kurz asked if the RFP would be different from 2005 with the changes and enhancements. Silverthorne said this was an entirely different scenario from 2005. The current contract is static and calls out specific levels of service and no ability to add new services or items. The current RFP could help with add-ons, new programming and would adapt to have active involvement. Tjossem said she was surprised at the number of town departments that are already involved in this process. Silverthorn said even though the current contract is a stand alone third party contract, there are town services provided to Info. Vail, Inc., with a significant amount of interaction from IT, Finance, Human Resources and other town departments. She said because some departments already have active involvement, it makes sense to bring it in house in the short term to figure out how to fine tune the process. Rich ten Braak, representing the Vail Chamber and Business Association (VCBA), asked if funding for the programs existing were tied in to the business license fee. Camp said the information contract is part of a departmental general fund budget. Daly asked if the cost would be the same as now. Silverthorn said it would be comparable and be a salaried employee. One of the "ah-has" in the process was the importance of hiking as an activity. The Vail Local Marketing District Advisory Council (VLMDAC) and the Commission on Special Events (CSE) would need to be consulted on how to staff the centers for special events coming to town and to bring in visitors. Ten Braak said they could reach out to their members to see how they feel about this shift. He said he hasn't heard any complaints. This comes down to finances and he would like to see what is being proposed. There are a lot of components that need to be addressed. He asked if Town Council Meeting Minutes of May 15, 2012 Page 4 the goals and objectives of the community will be addressed. He offered the VCBA services to help with this process. He doesn't see the benefits of changing the current system. Tjossem said there are currently many loose ends to clean up and there is no final product yet. They need to find out who provides different components of the process and who will be responsible for different parts of the process. Bobby Bank, owner of Vail Info. Inc., said his staff has seen 500,000 guests and sold over $1.3 million in lodging to date. He is proud of his staff and company. He stated there is no commission for booking lodging. Staff has tried to courteously greet every guest, meet their every need and help benefit the community. Bank handed Council finrenty-finro letters of support from community members and businesses. Daly said the letters of support will be part of the public record. Bank said the task of promoting various entities has been easy as they don't have an affiliation with any one entity. He said 90% of what they do is guest interactions of where various locations are in town. Ten percent is the bells and whistles type stuff. They have developed a"Vail app" and are excited to see it launched. He thanked the Council for the possible opportunity to continue to provide this service. Donovan asked Bank to give examples of the 90% and the 10% bells and whistles. Bank said getting last minute rooms for guests is 10% of what they do. The other 90% is to provide every other type of service to every guest as needed. They need to keep in mind they are there to help people get what they want. He said by 2014 most lodging will be booked on smart phones and not on computers. Dale Bugby, a local property management representative, said Bank came to him for support. He said he remembered how ugly and contentious this process used to be. He said this process is best done by an independent third party. He doesn't want to see a small business be put out of business. He wants Council to adopt option number three and give Bank another three year contract. Moffet said he and Kurz have scars about the Welcome Center process from previous years when they were on Council. He said Bank advocates for customer service. He was disappointed that this process was designed before great ideas were discarded. He said customer service is not the town's core competency. As a consequence he doesn't feel the town can put customer service first. He doesn't want a municipal product there. He asked who would be hired for three years. He said adding a new department goes against current personnel policies. He can't support staff recommendations. He said Council ought to have Vail Info., Inc., for three more years, with a caveate that in another 3 years there would be a whole new ballgame. Rogers agrees with most of what Moffet said. However, she feels customer service within the town is very high. She doesn't want to lose Vail Info., Inc., by taking what he has developed and then flounder. She said they should expand the scope of his responsibilities and ask him what he thinks would work as he is the expert. She recommended a fourth option to have the review team committee sit down with Bank and talk about expectations, what needs to be done and get his input of what can be accomplished. She said the town can't afford to disregard ideas like the "Vail app." She said they could greatly expand Vail Info., Inc.'s, scope of responsibilities and see if it can work. She doesn't feel the Council has all the information they need to make a recommendation. Town Council Meeting Minutes of May 15, 2012 Page 5 Donovan said the review team tried to remove the current Vail Info., Inc. stuff and to approach and see this process at the 30,000 foot level. The option Rogers recommended was not an option that was discussed within the committee. A discussion with Bank with increased scope of services discussion should be had with Bank. They don't know how some of the pieces will operate. She said the pilot program didn't include a three-year term. She said there may be potential unforeseen synergies to be had if this is brought in-house. Kurz said what the town has currently is not broken and things have gone well. His sentiment is along the lines of Moffet and there will be fifteen months of displacement of staff. He asked if staff should be burdened by this displacement. He is not sure how, after making the recommendation, the committee can work well with Bank and have an outcome of what is expected. The idea is good but the execution will be difficult. No decision should be made tonight as they need more information and feedback. He wants business and community input. Tjossem re-emphasized that Vail is a resort town and not just a municipality. She said this Council adopted a guest service initiative and Council and staff are passionate about it. She said this process wasn't about Vail Info., Inc., or Bank. This was about being neutral and to see what structure was needed to integrate, coordinate and go in a different direction. She said within the scope from seven years ago this is not broken, but the scope and direction needs to change. She said staff already provides a lot of support to the welcome centers now. She stated Silverthorn laid out a great RFP on how to proceed. Daly said there are three alternatives on the table. The issues raised by Donovan to communicate with guests is exciting. The complexities have yet to be understood. He suggests extending the current contract with Vail Info., Inc., for one year and to continue to work it out, and to have one year to continue conversations and to fine tune the process. Zemler said he is concemed with the comment of leaving the process as is because it's not broken. He acknowledged that Bank does a fine job within the scope of services as is in the contract now. The underlining themes of innovation and expansion of being better with technology and having better customer service was the purpose of this process. He said at a minimum he would like to use the RFP as a template. The thrust behind the RFP is to make this operation work better and to reinvigorate the process. There needs to be better integration and advocacy on behalf of the town's initiative. His recommendation is to negotiate and use the RFP as the template. Daly agreed with that recommendation. The core principal is to embrace innovation. Bank needs to change his operations to incorporate this into his operation. Moffet said to remember the primary purpose is customer driven. He said it was incumbent upon the Council to take heed of what the customer is asking for, not what the town wants the customers to want. Tjossem said the community guest service enhancement is high customer touch, high tech and the next wave of what the customer wants. She said "Apps" are what the customers are using. The high touch and high tech has always been the basis of all the review team's discussions. Rogers said a one year contract doesn't work. She wants to incorporate Bobby Banks into the discussions and to consider having his company use the RFP parameters to redefine the operations of the information centers. Town Council Meeting Minutes of May 15, 2012 Page 6 The eighth item on the agenda was Resolution No. 23, Series of 2012, a Resolution Approving a Scope of Services and a Fee for Triumph Vail MOB, LLC for certain development management services related to the Town of Vail municipal site redevelopment; authorizing the Town Manager to execute a Development Management Agreement on behalf of the town for provision of said services; and setting forth details in regard thereto. George Ruther, Community Development Director, stated the purpose is it approve Resolution No. 23, authorizing the Town Manager to execute a development and construction management agreement, on behalf of the Town of Vail, for the completion of the town's portion of the parking garage and required off site improvements. The scope of services generally described in Exhibit A of the resolution will be formalized in the agreement. The agreement shall be drafted in a form acceptable to the Town Attorney. Zemler said the dilemma is to go with either the flat fee versus a seven percent (7%) fee. They don't know what the final cost will be. Rogers said she could live with the 7% but if the cost is more than $4 million, the money starts adding up. She wants to know that before the Council commits to the 7%. She said projects expand and it could be more than $280,000. Daly said it would be up to the Council to control the scope of the project. Ruther said in the parking structure, the greatest risk is how many parking spaces are built in the parking structure and how it is managed. This is the real question of why it's a percentage fee versus a flat fee. Daly shares Rogers concern. They were told a fee of $280,000 was what they had agreed upon. Ruther said this was not true. Daly said this was not what Council was lead to believe at the work session. Tjossem asked if they can build in a"not to exceed" in the agreement. Kurz said he agreed with Ruther that if the town does their job, he is comfortable with the 7% fee. Tjossem is okay with 7% as well. Moffet made a motion to approve Resolution No. 23, with a change in Article No. 2 to change the fee to a 7% fee, and the motion was seconded by Kurz. A vote was taken and the motion passed,6-0. Zemler said staff will commit to Council and to report to Council if they think it will surpass the $4 million cost. The ninth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the determination of the Town of Vail Planning and Environmental Commission (PEC) that the zoning administrator correctly determined an appeal submitted by the Vail Gateway Plaza Condominium Association on January 4, 2012, was untimely, and therefore, could not be heard by the PEC. This determination was made in accordance with Section 12-3-3.3 of the Zoning Regulations of the Town of Vail. The Vail Gateway Condominiums are located at 12 Vail Road/Lot N, Block 5D, Vail Village Filing 1. George Ruther, Community Development Director, said there was quite a bit of material in the packet. On March 26, 2012 the Town of Vail PEC heard an appeal and voted 5-0-1 (Pierce Town Council Meeting Minutes of May 15, 2012 Page 7 recused) to uphold the determination of the zoning administrator that the appeal filed on January 4, 2012, by the Vail Gateway Plaza Condominium Association was untimely, pursuant to Section 12-3-3.3, Appeals, Vail Town Code. Staff recommends the Council uphold the determinations of the zoning administrator and the Town of Vail PEC. The appeal was submitted after the 20 day time limit of the appeal process. TJ Vobril, representing the Vail Gateway Plaza Condominium Association (VGPCA), said the VGPCA wants to have their project reconsidered and the appeal to go back before the PEC. He went through the documentation submitted to Council for consideration. Nancy Adams, a homeowner, said 18 of the 20 owners want this appeal dismissed. She said Council should be aware the condominium association had time to process this and the court denied the request for an injunction. She said the condominium association information was speculation and Judge Thompson's decision is part of the Council packet. She said the judge found the use was consistent with the homeowner's association documents and the town code. He dismissed the restraining order and also found the permit was properly posted. Mire commented for the record, that the court found the association had actual notice of the construction permit and the contemplated use was properly noticed and available at the town for inspection. The letter from Ruther might have been interpreted incorrectly by the association. The code is very clear about when the decision is final. Mire said the determination was made prior to September 21, 2011, and complied with the zoning at the time. Vobril said he represents the homeowners association and Ms. Adams does not. He wants to find out if the association can be heard on the determination from the PEC. Mire pointed out the association had notice and time to have gone to the PEC prior to the deadline. Rogers made a motion to deny the appeal and to uphold the Planning and Environmental Commission decision, and the motion was seconded by Kurz. A vote was taken and the motion passed, 6-0. The tenth item on the agenda was second reading of Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12- 3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (WT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (N�/T) District, and setting forth details in regard thereto. Moffet said a variety of new information has been produced in the last few days. He wants more time to prepare on the subject. He said if the town goes to 1.35 ratio, a sizeable portion of the townhomes will lose square footage. Moffet made a motion to table this item to the June 5�' meeting. Tjossem seconded the motion as there was an inadvertent error. If they are acting on this information, Council needs confidence to know that the information presented is correct. Town Council Meeting Minutes of May 15, 2012 Page 8 Warren Campbell, Chief Planner, said the information in the packet is correct. Unfortunately, there was a typographical error carried forward in the table presented. He said the data in the tables accurately reflects the three goals of the policy. If they want to move forward tonight, they can discuss the difference befinreen 1.25 versus 1.35 and what that means. Daly said Campbell said it was a typo but they had heard it was a miscalculation. Moffet said this was not an intentional error. Campbell said there is a miscalculation on the Vail Trails Chalet and Vail Trails East section of the table. The error would have taken the calculations on the Vail Trails Chalet from 1.22 to 1.33 and the Vail Trails East from 1.17 to a 1.4. Those numbers fall within the acceptable range that were exhibited to the PEC and reflect what GRFA was allowed for those properties John Dunn, representing one of the owners, the Bridgewater's, stated the Bridgewater's have been under this uncertainty for three-and-a-half years. This is now a town initiated ordinance and they urge the Council to adopt the ordinance without further delay. Jim Lamont said this was a sufficiently critical issue and didn't think this was communicated with affected parties sufficiently. He said this is somewhat worrisome. He asked for sufficient time to send out to affected parties in order to formulate a response back to the Council and have public input that is informed. Jerry Orton, representing the Vail Town House Association, supports the Council motion to continue this item and wants Council to hear a proposal to have a broader ratio for these condominiums to redevelop. This needs to be incentivised and will present additional nuances. Dale Bugby, Vistar Real Estate, representing some of the owners of the condominiums, said he supports the decision for Council to table this item. The Council needs to get more input from the condominium owners. These were the first condominiums built in the 1960's. They are concerned about street parking and losing development rights. They want the parking to be their right from the beginning. A permanent right not a revocable right; and they also want to have the 1.50 GRFA ratio. Chris Galvin wants this item tabled as well. He said he has been coming to Vail for 47 years and the calculation error may impact homeowners. He wants the data to be accurate. Dominic Mauriello asked that this item be tabled to the second meeting in June which is June 19�'. Moffet made an amendment to his motion to table to the June 19�' meeting and Tjossem seconded the motion. Tjossem stated one thing not addressed is the diminished development rights and whether that feels right to potentially take away owner's development rights. That wasn't one of the criteria worked under. Donovan asked if the recommendation would have changed if this eROr had not occurred. Campbell said no, the errors still fell in the range based on the town's polices and goals. Daly said he would like communications between staff and Council when issues come up so if Council get calls or people on the streets come up to them, they are informed on the issues. Town Council Meeting Minutes of May 15, 2012 Page 9 A vote was taken and the motion passed 4-2 with Rogers and Donovan opposed. The eleventh item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion assed unanimously, 6-0. The meeting adjourned at 8:33 p.m. Resp ull ubmitted, _ Att st: , L relei Donaldson, Town Clerk Daly, Mayor �����vA��� : • ,, . . • . y. . � . . � . .� . . . . . . . ' '� .. . . .. . . ••....•• ..a Town Council Meeting Minutes of May 15, 2012 Page 10 Vail Town Council Meeting Minutes Tuesday, June 5, 2012 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:20 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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's Participation. Tracy Anderson said she was the new Executive Director of the Eagle Valley Alliance for Sustainability. She thanked the Council for being a progressive municipality and taking sustainable initiatives such as composting, recycling and sustainable construction forward within Vail. The second item on the agenda was the Consent Agenda. The consent agenda consisted of the approval of the May 1 and May 15 meeting minutes. Foley requested these be voted on individually as he was absent for the May 15 meeting. Moffet made a motion to approve the May 1 meeting consent agenda and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. Moffet made a motion to approve the May 15 meeting minutes and Donovan seconded the motion. A vote was taken and the motion passed 6-0-1, with Foley abstaining as he was absent. The third item on the agenda was the Town Manager Report. Kelli McDonald introduced Stephen Long with Vail Mountain Marketing. Long made a presentation and did a demonstration on the new Vail Bike & Hike Application (App) with Council and the public. He said the app will be distributed to Android and Apple stores. He said the number one driver in getting folks to Vail in the summer was hiking. He reviewed the background and concept for the app. The app focuses on being the singular app where folks find their hiking and biking needs; such as hiking and biking trails in the Vail area, directions on how to get there, the exits off the highway to the trails and FAQ's. The app is also updatable, color coded, searchable by difficulty levels of the trails, what to bring and levels of difficulty of each of the trails. Donovan asked if the topographical map was "zoom-able". Long said it is not currently zoom-able. He said Tom Town Council Meeting Minutes of June 5, 2012 Page 1 Griffin is the developer of the app and Vail Mountain Marketing has asked him to make the topographical maps "zoom-able". Adam Sutner, from Vail Mountain Marketing, said Vail Resorts will be leveraging the hiking and biking app on Vail.com. He said hiking was by far the single largest driver of why people come to Vail in the summer. He said there are many different types of hiking trails and levels of di�culty. He said this app is a decent first step and that additional hiking trails on Vail Mountain are anticipated to be added in the future. Rogers said the app needs to distinguish and state this app is for mountain bike trails and not road bike trails. She would like to see road bike trails added in future app upgrades. Long said they will work on adding those as well. Foley asked if the seasonal closures of trails are listed in the app. Long said yes they do have the closures in the app. He said the current version of the app is available on Apple now, but they are working on updating another version. They are still working with the Android market to get this app out to the public. Tjossem asked if the directions to the hiking and biking trailheads could be added to the town's free bus system. Zemler said he would look into adding it to the bus system. The fourth item on the agenda was a presentation of the 2011 audited financial statements. Michael Jenkins, C.A., C.P.A, of McMahan and Associates presented results of the 2011 Town of Vail audit. The town received a"clean" opinion, which means the auditors believe the financial statements are presented fairly in all material respects. The financial statements include the town and its affiliated units: Vail Local Marketing District, Vail Reinvestment Authority and Timber Ridge Affordable Housing Corporation. The town's government-wide net assets as of December 31, 2011, totaled $177.9 million, of which $55.1 million was unrestricted, i.e., available for any governmental purpose. For the full year, government-wide revenue exceeded expenses by $8.3 million. Jenkins pointed out all debt which is the responsibility of the town will be paid off by the end of 2012. At that time, only Vail Reinvestment Authority and Timber Ridge Affordable Housing Corporation bonds, both of which are funded from dedicated sources, will be outstanding. A good benchmark of financial strength cited by Jenkins is governmental fund balances as a percent of expenditures. Across all Town of Vail funds, this measurement is 140%, which implies the town could hypothetically continue at existing spending levels for more than a year even without any revenue. In response to questions from Mayor Andy Daly, Jenkins confirmed the audit team encountered no differences in dealing with management in completing the audit; there were no known or likely misstatements material in nature; and no disagreements with management that could be significant to the financial statement or auditor's report. In conclusion, Jenkins congratulated the town and the finance team on its conservative, consistent practices, conservative budgeting and sound systems and controls, all of which contribute to the town's strong financial position. Town Council Meeting Minutes of June 5, 2012 Page 2 Daly and the Council thanked Camp, Halloran and other town staff for the terrific audit. The fifth item on the agenda was a discussion on the results of the 2012 Town of Vail Community Survey. Suzanne Silverthorn introduced Chris Cares with RRC Associates, whose firm conducted the survey. Silverthorn said during the spring of 2012 the Town of Vail fielded a community survey similar to efforts conducted in the past right before the end of ski season and before the 2012 spring construction season. It consisted of questionnaires completed by full- and part-time residents, property owners and business owners to evaluate opinions on a variety of issues. Using survey techniques that permitted comparisons to past research, the town employed a combination of personalized invitations via postcard mailings as well as open invitations to take the survey online. Respondents were also given a third option to request a mail-back version. The purpose of the survey was to evaluate respondents' level of satisfaction with respect to a full range of services and to gather opinions on selected issues and areas of focus. Similar questions had been posed to Vail part-time and year-round residents on a periodic basis since 1987. The 2012 survey was designed to permit comparisons to past results, as well as to provide new insights on a variety of topics of current interest. Cares reviewed the power point and stated the survey is presented in multiple ways to readily access the data. The full report will be available online. He described the methodology, which was comparable to the 2010 survey process. The postcard invitation had approximately 415 responders and the open link had an additional 265 responders. He reviewed various demographic profiles within the survey, the questions asked and results, the format of the survey, comments received and overall outcome. Cares said the overall response was positive and the respondents felt the town was heading in the right direction. Daly stated he wanted to hear about the areas that need improvement as well as the positive results. Cares said overall, there were more positive than negative comments, but all the comments were in the packet given to Council for this meeting. Donovan asked about the demographics and open link data. Cares said the open link survey respondents were answered by full time residents versus second homeowners. Donovan requested a more detailed report on the full time residents versus registered voters. Cares stated his company will get more detailed information and respond to her request. The sixth item on the agenda was Resolution No. 20, Series of 2012, a Resolution Authorizing the Town Manager to Sign a Wireless Communications and License Agreement Befinreen the Town of Vail and NewPath Networks, LLC; and setting forth details in regard thereto. Matt Mire said the Council had seen the agreement a couple of times before in a work session and a public meeting. He said Sections 5J and 5K were new additions to the agreement. These were specifically added to address concerns about Wi-Fi standards, response times, repair and monitoring. Ron Braden, IT Director, introduced Gannon Sutter, Crown Castle Director of Sales and said he will present a"30,000 feeY' overview of the agreement and process. Town Council Meeting Minutes of June 5, 2012 Page 3 Sutter said thanked the Council for the opportunity to work with the town and forging a wireless infrastructure system to make sure Vail is keeping up with having a world class Wi-Fi service. He said the solution is to have a shared comprehensive wireless system. The system will support capacity and coverage. He also stated Steve Collin and Charlie Weaver from Aspen Wireless were in the audience and are strategic partners for technical and program management. Also in the audience was Mark Chamura who manages the relationships with the wireless carriers like Sprint, ATT, Verizon and Cricket. Sutter said Crown Castle is a publicly traded company on the New York Stock Exchange, employs 1,200 employees, has $2 billion in annual revenue, is the largest shared wireless infrastructure company in the United States with 24,000 towers, 10,000 distributed antenna systems and their only business is operating the shared wireless infrastructure and maximizing the amount of carriers that participate on their system. He reviewed various solutions, including outdoor distributed antenna system, interior antenna system, towers, rooftops, fiber as well as Wi-Fi off load. He reviewed the different types of possible scenarios and solutions. Crown Castle has carrier-grade monitoring systems and they handle every aspect of the systems and are a one-stop shop. Crown Castle pays for all the costs and charges the carriers to rent and ride their system. They negotiate directly with the carriers. He said the ten-year contract is pretty standard in the business. He said the town will review and approve all tower and system locations. He explained the difference befinreen a distributed antenna systems versus a tower system. The system the town will have will improve the capacity and coverage within the town. The cells will be closer to the users and be smaller. Tjossem said the community survey had a section on the cell phone service that is totally inadequate in different sections in town and the response said the service was terrible. She asked how the system will address those areas and issues. Sutter said their company will work directly with staff and do a detailed analysis of each location and test locations to help map out the design for each area that needs to be addressed. They will maximize where the cells go and mainly have the cells on town property versus private property. Donovan asked about the different carriers, ag�eements and how will they work with the carriers. Sutter said they will work with all the carriers to design the system to meet the needs of the various carriers such as AT&T, Sprint, T-Mobile, Verizon, etc. They need to meet their design tolerances as well. Tjossem said there is no guarantee that all carriers will sign with them. Sutter said that is correct. Donovan said they should look to meeting with staff to figure out the management of the data and getting the high peak times and areas for winter and during special events. Sutter said they are gearing up to provide service that meets the needs of the 2015 Championships and they are looking at designing the system for the greatest demand of service. Daly was concerned about the renewal on the contract and the five year options. Town Council Meeting Minutes of June 5, 2012 Page 4 Mire said the telecom attorney has looked at this agreement and is satisfied with the agreement. Daly said this is an automatic renewal after ten years and wants a paragraph included to allow for the town to not renew if they don't like the service. Mire said the renewal term needs at least finro service provider carriers signed on to continue the contract. Sutter said they would need at least finro carriers using 51 % of the system to continue. Mire said in the ninth year if the equipment is outdated, the service carriers wouldn't renew and they couldn't exercise their renewal option. Stephen Collin, with Aspen Wireless, said the system needs to be a good enough quality to attract long term carrier commitments. Sutter said it is in the best interest of all parties to keep the equipment and service at peak levels. Daly asked who is NewPath versus Crown Castle. Sutter said NewPath is a subsidiary of Crown Castle. NewPath is their Colorado company which will be the service provider for Vail. Braden stated the town has other agreements that are ten to finrenty year agreements. Mire said 25 years is standard in this industry. Rogers said she wanted Council to be ultra diligent in pursuing and getting the best senrices for the town due to problems in the past with the performance of Wi-Fi services and the quality of cable television services. She likes that the agreement will be a role model for services to other towns. Rogers made a motion to approve Resolution No. 20, Series of 2012, and the motion was seconded by Kurz and Moffet. A vote was taken and the motion passed, 7-0. The seventh item on the agenda was the appointment of new members to the Commission on Special Events (CSE), Vail Local Housing Authority (VLHA) and Vail Local Licensing Authority (VLLA) boards. Foley stated that all applicants except one were interviewed at the earlier work session in the day. Staff requested the Council appoint one member to the CSE, one member to the VLHA and finro members to the VLLA at the evening meeting. Kurz made a motion to appoint William "Barry" Davis to the CSE and the motion was seconded by Foley. A vote was taken and the motion passed, 7-0. Kurz made a motion to appoint Scott Ashburn to the VLHA and the motion was seconded by Foley. A vote was taken and the motion passed, 7-0. Kurz made a motion to appoint Michael Hannigan and Josh Carbo to the VLLA and the motion was seconded by Donovan. A vote was taken and the motion passed, 7-0. The eighth item on the agenda was a request to continue the Ever Vail major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011 to the July 17, 2012, public hearing. Town Council Meeting Minutes of June 5, 2012 Page 5 Moffet made a motion to continue the Ever Vail major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011 to the July 17, 2012, public hearing and the motion was seconded by Kurz. A vote was taken and the motion passed, 7-0. The ninth item on the agenda was the first reading of Ordinance No. 7, Series of 2012, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of one existing fractional fee club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Bill Gibson stated the applicant wished to have this item tabled to the next public hearing on June 19, 2012. Moffet made a motion to table first reading of Ordinance No. 7, Series of 2012, to the June 1 gtn meeting. The motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was first Reading of Ordinance No. 8, Series of 2012, an ordinance amending the Official Zoning Map to rezone the Vail Golf Course Clubhouse (VGCC) Parcel from the Outdoor Recreation District to the General Use District, located at 1778 Sunburst DriveNail Golf Course Clubhouse Parcel, and setting forth details in regard thereto. Bill Gibson, Planner said this is first reading of the ordinance and there are finro pieces to the project. The Planning and Environmental Commission (PEC) approved the subdivision at their May 14 meeting contingent upon Council's approval of the proposed rezoning. If the Council does not approve the rezoning of the VGCC, the plat will become null and void. The second part of this project is a proposed rezoning of the VGCC. VGCC is part of a 57 acre unplatted parcel and constitutes a majority of the golf course itself. In the early 1970's it was zoned agricultural and then in 1994 that was changed to -Outdoor Recreation zone district. In 1995 the Outdoor Recreation District was applied to the VGCC. The parking lot is located on a separate lot and in a separate General Use District zone district. Currently, the VGCC is located in the Outdoor Recreation District and the parking lot is located in the General Use District. The proposed ordinance is intended to facilitate renovations to the Vail Golf Course in response to the November 8, 2011, election. In November 2011, the Vail electorate approved ballot question #1 which re-allocated conference center funds, in part, for the "Expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community space." On May 14, 2012, the Planning and Environmental Commission (PEC) approved, with conditions, a final plat establishing the VGCC Parcel. This final plat established the golf course clubhouse as a separate development site from the remainder of the unplatted golf course parcel. At that same hearing, the PEC forwarded a recommendation of approval for the proposed rezoning of the VGCC Parcel from the Outdoor Recreation District to the General Use District by a vote of 4-3-0 (Cartin, Pratt and Rediker opposed). Town Council Meeting Minutes of June 5, 2012 Page 6 Gibson said the VGCC redevelopment project is going through the design review process due to last Novembers' election. The town wants the VGCC and the parking lot to be in one zone district instead of finro. The change to the General Use District allows for more flexibility in the project. He said the VGCC is considered a conditional use in the General Use District zoning. The renovations to the golf course would need to have PEC and Design Review Board (DRB) review. The table in the memo highlights the differences in each of the districts. Tom Braun, with Braun and Associates, said he represents the Town in this matter. He presented an overview of the project with Council. He said the reason to change the zoning is to place the parking lot and the VGCC into one zone district instead of two districts. Staff chose the General Use District as it made more sense because of quasi public government use. Most other town properties like the Ford Amphitheater and Donovan Park are zoned General Use. The General Use would allow for uniformity and more flexibility in height of 32 feet versus 24 feet allowed in Outdoor Recreation District. Daly asked why Pratt, Cartin and Rediker from PEC were opposed. Appears they were opposed due to not having a completed development plan and they were concerned about how this affected adjacent property owners. Gibson stated the town doesn't require a development plan at this stage of the process. Debra Webster, an adjacent property owner, said she has lived in that area since 1992. She has her home on the market and she is concerned this will lower the property values. Her home faces the 18�' fairway and green. She said they had the expectation that this area would always be green. She said the new event center would be replacing their golf course view with a parking lot instead of green. She is concerned about property values being affected. She said she had heard they were also moving the 18�' fairway. She stated she and other neighbors are concerned and they have met with Mike Ortiz from the Vail Recreation District last summer. Ortiz was forthright in addressing all their concerns. And they also met with representatives from Zehren and Associates. There were suggestions made to add more landscaping and make it denser around the area. She is also concerned about noise, parking, traffic and other impacts from events at the event center to the surrounding neighborhood. She wants Council to carefully consider the size and types of events that could be in the event center and how that impacts the neighborhood. Jim Lamont, representing the Vail Village Homeowners Association, said he thinks staff has changed the rules of engagement. He said Council has the right, under consideration, during a rezoning to hold the town to a higher degree for a rezoning. He requested the PEC and Council get a development plan prior to approving the rezoning. He said basic issues like transportation, landscaping, parking and such be addressed prior to rezoning. He said with town projects, a level of detail needs to be held to a higher standard than a private developer. He urged Council to require a development plan so the neighbors could review before Council signs off on the ordinance on second reading. Moffet made a motion to approve first reading of Ordinance No.8, Series of 2012, subject to the findings in the staff memorandum dated June 5, 2012, and the motion was seconded by Kurz. Daly stated based on the work session meeting, the definition of what will be allowed hasn't been completely defined. Daly said he is voting against this until more detail is provided. Foley Town Council Meeting Minutes of June 5, 2012 Page 7 and Donovan said they are supporting the first reading of this ordnance but want to see more detailed documentation. A vote was taken and the motion passed, 6-1, Daly opposed. The eleventh item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:30 p.m. Respectf Submitted, Anriraw P 17a� , ayor Town Council Meeting Minutes of June 5, 2012 Page 8 Vail Town Council Meeting Minutes Tuesday, June 19, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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's Participation. Rick Sackbauer stated he lives in unincorporated Eagle County in West Vail. He urged the Council to bring back the Exchange Student Program in Vail with Vail's Sister City, Mt. Buller. He said there is immense value to having international travel available for our youth. He gave the town an Australian watercolor and asked that the Council consider providing a student exchange program for the 2015 Championships. Stephen Connolly noted many naysayers have come out of the woodwork. He said last week a number of people went to the Vail Recreation District (VRD) meeting. There was a lot of citizen input but no comment from VRD was offered. Regarding the 18`�' Green and Vail Clubhouse renovation project, he said Ken Wilson, VRD board member and Mike Ortiz, VRD Director indicated the building at the Vail Golf Course Clubhouse was a town project, not a VRD project and they are the tenant. Connolly stated Debbie Webster said at a PEC meeting these changes to the 18`� green would affect property values and the PEC board's response was that they don't consider property values when reviewing projects. He said no one attended the public meetings at VRD when they were discussing this building. He said there is a communication breakdown. He said Council would best serve the community by having a"time ouY' on this project. He referenced the diagram on the VRD website saying if the community would have seen the diagram earlier, they would have responded sooner. He said many communication notifications are not done in a timely manner and there needs to be a longer period of discussion prior to any decision making. Dale Bugby, a resident and business owner, said he had sent several emails to Council in the past couple of weeks. He hopes Council is listening. He asked if there was a planning process fo� the golf course. Daly said Council has delayed the meeting to discuss the golf course project for finro weeks to allow for homeowners and golfers to provide feedback. Council asked staff to come up with alternatives to the parking and the 18�' green issues. Town Council Meeting Minutes of June 19, 2012 Page 1 ` Jim Lamont, representing the Vail Homeowners Association (VHOA), stated he has provided a photograph with the 18`� green and the homes surrounding this project in it. He said the homeowner he is representing and the VHOA are not happy. He wants the neighborhood polled to see if they want this to be a different open space. He wants the approval processes reviewed as something has gone awry. The second item on the agenda was the Consent Agenda. On the consent agenda was the approval of an easement for the Booth Creek Trailhead Easement for the Eagle River Water and Sanitation District (ERWSD). Moffet made a motion to approve the consent agenda and the motion was seconded by Donovan. Foley stated this allows the ERWSD to clean up the Booth Creek Trailhead area. Daly stated this formalizes the easement and use of this site with the ERWSD as there hadn't been one in place. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was the Town Manager Report. Matt Mire, Town Attorney, stated Council had asked the town attorney to look into reviewing changes in finro areas of the Town Charter: 1) the election date, change to coincide with the election dates of the County and State; and 2) the 50/50 split befinreen sales tax and Capital Projects Fund. He said to have Town elections on the same date as the county and state, removing the words "following the first Monday" would establish the Town's regular election date as the first Tuesday in November. Also, as he reviewed the Charter, there were additional changes that could clear up the Charter as well including deleting the need for an Election Commission which is outdated, make the Charter gender neutral; adopt ordinances at a regular meeting and a special meeting but not at an emergency meeting; change the language to amend and provide that procedural requirements for initiative and referendum shall be established by ordinance, and if no ordinance addresses the issue at hand, by state statute. That allows the Town Clerk to take advantage of the specific signature verification and other procedures outlined in state law, unless the Town Council wishes to prescribe different procedures; Planning Commission and Environmental Commission. Currently, the Charter provides for finro separate commissions, the Planning Commission and the Environmental Commission. Because the Planning and Environmental Commission assumes both of these roles, Council may wish to consider modifying the Charter to establish a single commission. Council agreed that the gender neutrality, election date language change, election commission deletion, procedure to adopt ordinances at regular and special meetings can be done but not at emergency meetings, referendum language updated to be established by ordinance rather than in the Charter, and to combine the Planning Commission and Environmental Commission into the Planning and Environmental Commission. Mire said another item was to update and change the capital program. The language is ambiguous and unclear. This section requires the town manager to create a capital program Town Council Meeting Minutes of June 19, 2012 Page 2 but doesn't state how it is split. The Council should consider deleting this section entirely as it doesn't state it has to be 50/50 split. Daly said it provides for a super majority to approve, and there is merit as it causes Council to make a very conscious decision on how to split the funds. Mire said the five affirmative votes required in the Charter are to approve the budget but doesn't specify the percentage of the split of funds. On November 19, 1985, the voters passed an amendment to Section 9.4 which changed the wording of the section, but did not change the title. That language remains today: "The manager shall prepare a long-range capital program and submit same to the council no less than finro (2) weeks prior to the submission of the budget. Such program shall include a statement as to the application of the sales tax revenues allocated by ordinance to the special revenue fund. Expenditure of these revenues other than for capital improvements and/or open space acquisition or improvements or for the payment of debt service on any obligations of the Town issued to finance the same shall require not less than five (5) affirmative votes of the council." As written, this Section is ambiguous, particularly the use of the phrase "these revenues." The language states that the Town Manager must prepare a capital program, which must include a statement as to the allocation of the tax revenue it does not actually require any particular allocation. From a legal perspective, there is no requirement in this Section that 50% of any revenues to be allocated to anything. Because of the ambiguity of Section 9.4, and because TABOR provides adequate protection of voter intent in the use of tax revenues, Section 9.4 should be deleted in its entirety according to Mire. Daly asked for a straw vote and discussion of this item. Kurz said to keep it the way it is. Tjossem said to clean it up if the intent is to do a 50/50 split. Foley asked that a separate work session be done to go over the background history and the details of how this evolved. He stated he wants to see the split stay 50/50 so infrastructure needs of the town won't suffer. Rogers said she isn't necessarily in favor of the 50/50 split. She wants to know the history as well. She also said there are many different accounts and other resources and revenues for many items and would like to see what pools of money are available to be used for various projects. Zemler said this is not a simple process and he doesn't feel the town can meet the 50/50 split, as the town has evolved, changed and expanded over the years. Saying "do the 50/50 split" without considering all the different funding resources and components is not practical nor is it that simple. The budget process needs some flexibility and can be done by policy. Daly said a separate discussion at a work session is needed. Donovan said she thinks it's important to keep this language in the Charter as it survives various Councils' decisions. She wants to be cognizant of the timing as it will have to go to the voters and on the November ballot. A work session will be done before the July 27�' deadline to the Eagle County deadline to get on the ballot. Zemler said anothe� item under town manager report was Timber Ridge. He said an open Request for Proposal (RFP) was entertained. The town has been approached by Jen Wright and Gary Ao�ier�1, who redeveloped the Ruins in the Cascade area. Staff is interested in extending them an exclusive for three months to look at this project and come up with %ormcw, Town Council Meeting Minutes of June 19, 2012 Page 3 something the town may be interested in pursuing. Zemler said to keep this process simplistic at this point. There were finro conditions to put forward to them: 1) retain the 600 bed deed restriction and 2) get back to the original intent of the town for this project which was to get it redeveloped, flip it and get rid of the debt. Rogers is against giving them a three month exclusive as iYs unfair to other developers that were interested in the project and had previously submitted a proposal. Giving someone an exclusive right to develop Timber Ridge is not the right procedure at this time. She stated she is burned out on discussing Timber Ridge as this project has been going on for five years. She said she thought the Council had decided the town was going to fix it up, fill it up and hold it until the market turned around and not think about it anymore. Moffet wants to hear the proposal and wants to consider creative solutions. Kurz agrees with Moffet stating he doesn't think it would require a lot of staff time. He supported going forward with this proposal. Daly asked if it would require a lot of staff time. Zemler said it will take less staff time than the last year of coming up with one year of financing. He said the town could provide them with proformas and site plans that have been done on the project. Tjossem is comfortable with allowing this ninety day exclusive. Foley is wiling to listen to what they have to offer, but he was not in favor of an exclusive for three months. Donovan agreed with Foley as they haven't extended an exclusive to anyone else. Daly is okay with a ninety day exclusive. Daly, Kurz, Moffet and Tjossem supported moving forward with the exclusive proposal for three months. Zemler said if it turns into something more than anticipated, staff will let them know. The fourth item on the agenda was the discussion on the results of the May 2012, Town of Vail Draft Ballot Measure Survey. David Flaherty with Magellan Strategies reviewed the survey results with Council. He said the Council commissioned a survey conducted by Magellan Strategies to determine the amount of support and opposition for a draft ballot measure that would create a dedicated funding source for qualified athletic, cultural and other special events. If approved, the ballot measure would create finro tax increases, a 1.5% increase to the lodging tax and a 0.5% increase to the sales tax. In addition after five years voters would have the opportunity to continue or reject the tax increases. The survey included an "informed" and "uninformed" ballot test. This approach measures voter opinion before and after being educated about the facts of the draft ballot measure. The survey yielded responses from 260 registered voters in the Town of Vail, Colorado. The interviews were conducted May 7th through May 31 st, 2012, and the survey has a margin of error of +/- 5.89% at the 95 percent confidence interval. The interviews were conducted by calling respondents on their home and cell phones, and online by sending email invitations and posting the survey on the Town of Vail website. The summary of results was outlined in the memorandum and presentation. Flaherty stated 58% of folks polled would reject this draft ballot measure to 37% who would approve the ballot measure at this time. He said there was not any significant movement for support when they educated folks on what this tax would do. When the five year time limit was discussed, there wasn't a lot of movement either. The numbers stayed approximately the same Town Council Meeting Minutes of June 19, 2012 Page 4 throughout the poll. He said 58% opposed the ballot, 35% would approve it, 3% were undecided and 2% refused to answer or didn't know how they would vote. After the Bravo email went out to encourage voters to support the ballot measure, a majority of voters said they would still oppose it. Flaherty said it would be very unlikely that this ballot question would pass in November. The intensity of the no voters would be a strong opposition overall. The sub-group opposed was comprised mostly of male voters (55%) and male voters were not thrilled about this ballot measure. 57% of those polled said now is not the time to raise taxes. He said looking at the school board vote last November not passing, if school board measures don't pass, this would be more difficult to pass as the school board reaches a far broader group of voters. Stephen Connolly said the results go against his gut feeling throughout the survey. He thinks this ballot measure is great if it could be limited to a lodging tax. He said if the visitors will pay the tax and not locals, people would approve it. He thinks there needs to be more specific language and get rid of the sales tax. He said there were only 260 folks who responded to the survey. He said a referendum needs 400 votes. He doesn't feel this is a good cross section of the voters, as the poll was done in May when a lot of people are out of town after ski season. He wants them to look closer at the details and said he thinks a 1% lodging tax would pass. Mia Vlaar representing the Athletic, Cultural and Event (ACE) committee and the Vail Local Marketing District Advisory Council (VLMDAC), said the ACE committee met on Monday. She said they learned over 80% of the people polled loved special events and the economic vitality they bring to town. 58% didn't want the tax but 38% thought it was a good idea and there is something to that number. As a group, the ACE committee wants to see if this is still part of town funding or does Council want them to continue to educate the public. She reviewed the State of Colorado tourism marketing statistics. She asked for Council direction on where the ACE committee should go from here. Rogers said Connolly made some good points. The flaw was in the timing not the survey. This couldn't be a worst time for a poll, and doesn't reflect reality. The real problem was trying to get it on the ballot in November and a compressed time frame didn't allow for educating the public. She suggested educating the public during the next year to possibly get it on the ballot in 2013. Donovan said it's still a sample of the population. She stated this was a strong message from the voters. She respects the poll results and for now, there is not enough support for this. Until it changes significantly, it's not a good use of Council and staff time. Moffet said the politics being what they are; this would be a hard thing to accomplish at this time. He appreciated everything the committee did. Kurz said the result is too great to look at proceeding to a November ballot this fall. He said to move forward with this would do the community a disservice at this time. Vlaar asked if the committee should continue to work on this or not. Kurz said this is a worthwhile effort but the question is when to achieve it. Tjossem said she thinks they should continue to work on it. A lot of good work has been done and the bottom line is that special events are an economic vitality to the community. The question is how to pay for it. Kurz said Council knows economic development is important and that events are an important part of the community. Foley said the survey results were not what they wanted to see but the Town Council Meeting Minutes of June 19, 2012 Page 5 lodging community was supportive of it. He said they should continue to educate the community. Flaherty said he appreciated that May is a difficult time to do a poll. He hoped the results were beneficial to the Council. He thanked Council for the opportunity to work for them. The fifth item on the agenda was an audit update for Comcast Field Operations. Matt Mire, Town Attorney, said the Council was in the middle of a franchise renewal process when they decided to stop and do an audit of the Comcast system. Council passed Resolution No. 18, Series of 2011, which approved a compliance agreement. The agreement would cover what needed to be fixed by December 31, 2011. When it was discovered that they couldn't fix some things until the snow was gone, they moved the deadline to after the spring of 2012 to make sure compliance was achieved and the franchise could be discussed after compliance was met. Compliance was to be achieved after the snow was gone. Braden went out on an audit compliance with Comcast. Mike Trueblood, Vice President of Field Operations for Comcast for Northern Colorado reviewed the audit results with Council per the memorandum attached to the agenda. Rogers asked if Braden and Mire were satisfied with the audit and if compliance had been met. Braden said yes that everything that was identified in the audit had been completed and then some. Mire said the franchise agreement was put on hold and now they can bring it forward to Council. Mire said the franchise agreement will have an eye on the level of service that has been raised to be competitive to other cable services in other cities. Tjossem said she had talked to Trueblood about dropping Universal Sports in the cable system in Vail. That is the only channel that brings to Vail all European ski racing and other international sports. He had told her to write a letter to Comcast stressing the importance of having this channel. She said this is important coming up to 2015 championships. Without that channel guests will be losing out on this event. Trueblood said Comcast is in negotiations with trying to get the multiple sport channels back in the line up. He said it would be important to get a letter of support to the right folks to help give them good reasons to bringing it back on the line up. He would help Council accomplish this. He said there were 250 drop areas versus 140 this year. They are trying to be more diligent and proactive in responding to issues. He introduced Dan Weary, who is the General Manager of the mountain areas of Colorado for Comcast who is working to help clear up issues as they come up. Donovan said since Mike Trueblood came on board they saw a significant change in working with Comcast. Daly said staff can begin negotiations regarding a new franchise agreement with Comcast for a future regular meeting. Town Council Meeting Minutes of June 19, 2012 Page 6 The sixth item on the agenda was a discussion regarding the reallocation of Commission on Special Events (CSE) Event Funds for the later part of 2012. Sybill Navas, Special Events Coordinator, stated the CSE is requesting that Council review the recommendation for reallocation of funds for late year 2012, ask questions and provide direction. On June 6, the CSE reviewed the 12 responses to the RFP that was issued in order to reallocate the funds that have been returned to the budget due to cancellation of Mojo Man. The CSE evaluated each application according to the criteria developed jointly in cooperation with the Vail Local Marketing District Advisory Council. The events were defined on specific criteria and the grid scores were in the memorandum. The allocations amounts are based on how they were scored. The first event, Vail America Days, was given $15,000 to expand the fireworks display. This year, close proximity fireworks will be used in Vail Village for a finrenty minute show along Meadow Drive. They hope this brings more people into town. The second event was the Tour of Vail and Crit Cycling event that received $15,000 to have a time trial that extended a finro-day weekend to three-day weekend. The third event was Season of Song and it was allocated $10,000. This event will bring in many talented singer/songwriters, including proposed concerts in the Ford Amphitheater and it will take place over many days in Vail during the third week in September. The fourth event was the Living at Your Peak which was allocated $10,000 to be held the second week in September; they will work with Season of Song event producers to bring in a headliner for a grander celebration. And finally, the fifth event to receive funding was Vail Rocks! which will receive $15,000. Shannon Foley, producer of the Vail Rocks! event said they are very excited about bringing this event to Vail. This event raises funds for a rock and roll cancer foundation to help save lives. She said to date, they have had several events around the world; Mount Everest, Mount Kilimanjaro, Machu Picchu, and Mount Fuji are some of the places that have hosted this event. The foundation is based in Denver, Colorado. They have been asked to do an event closer to home. They have been scouting potential locations for finro and a half years. They came to Vail and went to the top of Vail Mountain, scouting out various locations where they can play music, hike and other activities. The majority of registrations are currently from Dallas and Austin, Texas and the other hub states are California, New York and New Jersey. The admission fee covers the cost of the hike, EMT's, provide breakfast and lunch. Registrants make a pledge anywhere from $100 to $10,000 in exchange for various gifts from sponsors up to a rock star package, that includes meet and greets, free drinks, etc. based on their pledge amounts. The concert benefits the Love Hope Strength Foundation. Home base for the bone marrow drives is Red Rocks. There are a lot of festivals held around the United States that support this foundation. The result of the Vail event will help the First Children's Cancer Center in Tanzania. The number of children being treated has outgrown the size of the hospital and doctor who treats them. There is a need for additional funding for two more doctors of $80,000 for two years to handle the overflow of children. This event touches both local and global initiatives. They hope to expand the bone marrow drives and are doing them at Spring Back to Vail and Snow Daze. Sybill said the Commission on Special Events (CSE) are excited for this event as Vail Mountain is accessible to a much broader range of people to participate in the event. Shannon Foley said this puts Vail in the echelon group of mountains around the world for hosting this event. Rogers said Living at Your Peak was supposed to do a concert but she heard they are not doing a concert. Rob Levine said the event producers are trying to make it work but it hasn't worked Town Council Meeting Minutes of June 19, 2012 Page 7 so far. They are looking into some other fun ways to have a community focused event to kick off Living at Your Peak. He said there are 120 participants paying $1,000 for a full, general session, including a key note session. There is anticipated to be an additional 300-500 people attending other sessions. There is a possibility to do something other than a concert. They understand that funds were clearly designated for a concert by the CSE. He suggested the CSE could review the proposal again. Shannon Foley suggested that they have musicians from her event that could be used for this event as well. Further discussion about other events, scoring and funding were done by Council. Moffet said he is not voting next year to give out any funding at the last minute as this is inappropriate. Tjossem said she agrees that this has opened their eyes to the inconsistencies. She said there was no communication befinreen the Council, Vail Local Marketing District Advisory Council (VLMDAC) and the Commission on Special Events (CSE) and that some event producers are going to each one for funding. There is no cohesiveness in how funding is delegated. In order to have funding for an event, producers need to have permits in line, get approval in advance for venues being used, and have all their ducks in a row before any funding will be considered. Daly said he agrees with Tjossem and Moffet and it appeared that money was burning a whole in our pocket and this process will not happen again. Some of the events are not well thought through. Council wants the dollars carefully spent and the thought that goes into them are great opportunities for Vail. Rogers agreed and said she can't support the $10,000 funding for Living at Your Peak. She suggested they table the $10,000 pending a reapplication to the CSE for this event and receive their approval for another component. She said events should be well thought out and all their ducks solidly in a row before they ask for money. Some of that was not true for some of the presentations. Rogers made a motion to approve the reallocation request with the modification that the $60,000 be allocated according to the schedule presented and deleting the $10,000 for Living at Your Peak and that money be put in abeyance subject to further CSE review and approval for another component of their event. Donovan said they should not be too harsh on the CSE. As this cancellation was done at the last minute, the CSE had no control over what events or components of the events didn't happen. They have done a great job filling in the month of September, which was identified as a weak spot in the calendar and the town will have great things happening in September. Foley asked about why the MoJo Man event did not happen. Navas said the permit that was applied for with the Forest Service was not approved until late March and they couldn't announce the event until they had Forest Service approval. It was too late to market this event at that late date, as the event was to happen on Memorial Day weekend. There was no second to the motion and the motion died. Foley made a motion to approve the reallocations as outlined in the memorandum and the motion was seconded by Donovan. Town Council Meeting Minutes of June 19, 2012 Page 8 Rogers asked if that included the $10,000 to Living at Your Peak event though the money was for a concert that is now not happening. Donovan stated this was to take the Council out of an administrative position and allowing the CSE to fund this event or not which is in their purview. A vote was taken and the motion passed, 6-1, with Rogers opposed. The seventh item on the agenda was a request to continue Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12- 3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (WT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (�/�/T) District, and setting forth details in regard thereto. Rachel Dimond, Planner, stated the Community Development Department requested the Council grant a continuance of Resolution No. 7, Series of 2012, and the second reading of Ordinance No. 2, Series of 2012, to its July 17, 2012, public hearing to allow the applicant additional time to gather information for the Council's review. Moffet made motion to continue to Resolution No. 7, Series of 2012, and the second reading of Ordinance No. 2, Series of 2012, to the July 17, 2012, public hearing. The motion was seconded by Kurz. A vote was taken and the motion passed 7-0. Foley congratulated Bill and his wife on their new baby. The eighth item on the agenda was first reading of Ordinance No. 7, Series of 2012, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of one existing fractional fee club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Rachel Dimond, Planner, stated one owner wanted to convert from a fractional unit to a whole unit. She reviewed the memorandum and the criteria for this conversion. Staff believes that a unit of this size is typically put into a short term pool. On May 12, 2012, the Planning and Environmental Commission (PEC) recommended approval, with conditions, to the Vail Town Council for a major amendment to Special Development District No. 6. The PEC also approved, with conditions, the amendment to an existing conditional use permit for the reduction in fractional fee units. Should Ordinance No. 7, Series of 2012 be approved, The Sebastian will be permitted to increase the number of dwelling units from one to two and decrease the number of fractional fee units from 50 to 49. Daly asked how this benefits the town by changing from a fractional unit to a whole unit. Dominic Mauriello, with Mauriello and Associates, representing the applicant, said Mike Cuthbertson from Four Timbers Resort and Lance Thompson, General Manager for the Sebastian were in attendance for any additional questions for them. Town Council Meeting Minutes of June 19, 2012 Page 9 Mauriello reviewed the power point presentation with Council. The Sebastian is a community partner and continues to contribute and add money into the community, as well as continuing to add improvements to the property. He said this is the only unit that doesn't have multiple shares in the fractional unit. This will make it more viable to putting it into the rental pool if it is a whole unit. The unit is under contract and the soon-to-be owner wants to add it to the rental pool with the services and amenities of The Sebastian. This unit complies with all the zoning regulations and complies with the criteria for review of a Major SDD Amendment. Daly asked what percentage of fractional units have been sold at the property. Mike Cuthbertson said 40% of the units were currently sold. This is the only unit which has a clean title. Jonathan Staufer, an adjacent property owner, stated he supported this proposal as The Sebastian has made their property one of the premier properties in Vail. This will allow for more hot beds and it is delightful to work with great community partners. Rogers made a motion to approve first reading of Ordinance No. 7, Series of 2012, with the condition and findings per the memorandum, "The applicant shall amend all applicable condominium maps to reflect the change in use and cause said maps to be recorded in the o�ce of the Eagle County Clerk and Recorder within 90 days of approval of the major amendment to the special development district application". The motion was seconded by Tjossem. A vote was taken and the motion passed, 7-0. Zemler contacted Lance Thompson, General Manager of The Sebastian personnel about the garage doors being open. Thompson stated the garage was programmed to stay open for 15 minutes when in use. They have reprogrammed it so it now stays open for seven minutes and when they have substantial deliveries. They are continuing to work on improving this situation. The ninth item on the agenda was second reading of Ordinance No. 8, Series of 2012, an ordinance amending the Official Zoning Map to rezone the Vail Golf Course Clubhouse Parcel from the Outdoor Recreation District to the General Use District, located at 1778 Sunburst Drive/Vail Golf Course Clubhouse Parcel, and setting forth details in regard thereto. Tjossem made a motion to continue the second reading of Ordinance No. 8, Series of 2012, to its July 3, 2012, public hearing and the motion was seconded by Moffet. A vote was taken and the motion passed, 7-0. The tenth item on the agenda was adjournment. As there was no further business, Foley made a motion to adjoum and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:15 p.m. � Town Council Meeting Minutes of June 19, 2 Vail Town Council Meeting Minutes Tuesday, July 3, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Daly welcomed community members to the meeting. As there were quite a few audience members in attendance for the Vail Golf Course issues, he set forth ground rules stating everyone should turn off cell phones, go out in the hallway if they have outside conversations or needed to take a call. He encouraged good dialogue, asked that everyone be respectFul, be constructive and the Council will do the same. He asked that all comments per person be limited to finro minutes. He also asked that folks not repeat what others said but state they agree to what was said previously. The first item on the agenda was Citizen's Participation. Cannon O'Brien, a 19-year old, born and raised in the valley said he had a proposal for the Council to consider. He said he understands there are is temporary vending allowed in Vail but would like to propose setting up a temporary kiosk from November 1 through December 1, 2012, when seven thousand athletes come to Vail to train. He wants permission to have a kiosk to serve food, snacks, beverages, protein shakes and coffee at Golden Peak, from November 1, 2012, to December 1, 2012. He said he would not be competing with Larkspur. Mayor Daly directed O'Brien to contact George Ruther in the Community Development Department to speak with him and guide him through the town's process. Art Abplanalp, representing Glen Hilliard, a property owner adjacent to the 18�' fairway, said his statements are in regard to the Vail Golf Course proceedings. He said there were two separate issues: 1) moving the 18�' hole and 2) the rezoning issues. He said a number of people attended tonighYs meeting to speak on both issues. He heard the Council would be continuing the re-zoning issue to the July 17�' meeting. Because the finro issues are intertwined, he asked that the comments and correspondence from tonighYs evening meeting be attached and made part of the record at the July 17�' meeting when it is considered. Mire said this is not a problem. He said the correspondence and emails from the July 3�d meeting will be made part of the July 17"' record. Town Council Meeting Minutes of July 3, 2012 Page 1 The second item on the agenda was the Town Manager Report. Two items were discussed. The first was the Fire Department Wild land Fire Update. Fire Chief Mark Miller gave an update on the Ready Set Go program which informed citizens on what to do if there is a wild land fire in the area. This program was held at the West Vail Fire Station last week. He said 150 people attended and there was great feedback and the community was grateful for the program. There were handouts on evacuation plans and kits for those in attendance. Miller said the fire departments across Eagle County were participating in hosting five more Ready Set Go events throughout Eagle County. He said all community fireworks in Eagle County have been cancelled. He said they are taking a very proactive stance on issues that may arise out of use of illegal fireworks. Miller also said the National Guard is now participating in the Eagle County fire system and iYs a great resource. He met with Vail Resorts Inc. (VRI) personnel and they have agreed to allow the fire department to use their snowmaking equipment for wild fires if necessary. VRI's snowmaking equipment on the upper half of Vail Mountain is down for repairs. However, the lower half of the mountain snowmaking equipment may be used. VRI staff will also be participating in the First Response team process. He said smoking outdoors within Forest Service and BLM land is restricted to inside a building, a vehicle or a tent. The Town of Vail restrictions allow smoking in urbanized areas, which is defined as an area in public ways as long as you are fifteen feet away from any vegetation and discard the cigarette properly. The state regulations regarding smoking out-of-doors still apply as well. They are working with the Bureau of Land Management (BLM) to be able to access their website program that tracks all lightning strikes in the area. He said there were 7,000 positive and negative lightning strikes in northern Colorado in the last 24 hours. They are hyper-vigilant. He will be on the website to monitor the lightning strikes. Rogers asked if cloud seeding is a possibility. Miller said the cloud seeding process can be hazardous. Daly said between the Vail Fire Department and the Vail Police Department, they are doing as much as possible to make this a safe and uneventful holiday season. The second item on the town manager's report was a discussion by Linn Brooks from the Eagle River Water and Sanitation District (ERWSD). She said the forecast looked good for rain next week. However, she said weather patterns are very erratic and following them is difficult. Currently, the stream flows are well above levels to be concerned with stream habitat. There is still flexibility in monitoring the stream flows. The water regulations are still normal; however, other communities are restricting water usage. This only gets those communities up to Vail's normat regulations which have been in place for 10 years. They are continuing to communicate with excessive users and reminding them their water usage impacts water flows and water storage. She looked into cloud seeding, a method to get snow crystals to form from storms, but for rain it doesn't work well. She said Black Lakes is full and Eagle Park Reservoir is about 95% full and has enough water for all decreed water use release augmentation. Normally, they have Homestake Reservoir in the system but it N°'ll bel nl to be filled at thele d of th s year a d w II be half fu I by n xt chedule and the reservoir g summer. The third item on the agenda was Resolution No. 24, Series of 2012, a resolution authorizing the Town Manager to execute a pre-construction and construction services agreement on behalf of the Town of Vail with G. E. Johnson Construction Company for certain pre-construction and Town Council Meeting Minutes of July 3, 2012 Page 2 construction services related to the Town of Vail municipal site redevelopment, and setting forth details in regard thereto. George Ruther, Community Development Director, said there was a summary table used during the general contractor selection process. He reviewed the steps taken by the selection committee to recommend the town retain G.E. Johnson Construction Co. as the contractor to complete certain pre-construction and construction services related to the Town of Vail municipal site redevelopment. He reviewed the memorandum with the Council. There were five proposals received from the Request for Proposal (RFP) process. The proposals were narrowed down to three teams of contractors. There were approximately fifteen people on the selection committee on behalf of the Town, Vail Valley Medical Center and the Steadman- Philippon Institute. On-site interviews were held with PCL, R.A. Nelson/Haselton and G.E. Johnson Construction Co. The selection committee asked the general contractors to complete pre-construction and construction services questionnaires as part of the redevelopment process. G.E. Johnson Construction Company successfully competed in an RFP process. In the end, the general contractor selection committee recommended G.E. Johnson Construction Company out of the five respondents to the RFP. The selection committee found that G.E. Johnson most closely met the eight adopted selection and evaluation criteria. P�oject scheduling and approach were asked of each contractor and the selection committee reviewed each. The general contractor selection committee recommends the Council approve Resolution No. 24, Series of 2012, authorizing the Town Manager to execute a pre-construction and construction services agreement on behalf of the Town of Vail with G. E. Johnson Construction Company. There were representatives from G.E. Johnson if the Council had questions of them. Rogers said she feels strongly about hiring locally and she felt local contractor R.A. Nelson was a strong contender. She said based on everything she read in the packet, she wants a good reason not to hire locally. She asked if R.A. Nelson teamed with other entities for projects in the past and how that has worked out. Ruther said due to the complexity of the project, the selection committee felt G.E. Johnson was the best choice. He said that particular question did not come up in the selection process. Ruther said there were questions asked about how they would work together and how they would organize it. In the R.A. Nelson bid, Haselton was 51% of the partnership and R.A. Nelson was 49%. Ruther said the contractor chosen will be working together with the medical office building contractor. Having one general contractor puts the responsibility on one entity. Zemler said a follow-up question was asked of all the firms regarding hiring local subcontractors. 70- 80% of work completed on the project would be by local subcontractors. Jim Johnson, President of G.E. Johnson, said he recognized this was a unique project. He stated several of his employees including managers, superintendent, construction executives, craftsman, several employees and subcontractors live in the Eagle Counry area. They have had an office in the valley for four years. Further discussion ensued. Daly said the selection committee including Kurz, reviewed the criteria, requirements and needs during this process. The committee made a decision to have one contractor on site as it served the project best. One of the key concerns they had was to hire locally. He said Haselton was based in Denver and R.A. Nelson in Eagle County. G.E. Johnson has been in this area doing projects continuously for many years. Town Council Meeting Minutes of July 3, 2012 Page 3 Foley made a motion to approve Resolution No. 24, Series of 2012, and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was second reading of Ordinance No. 8, Series of 2012, an ordinance amending the Official Zoning Map to rezone the Vail Golf Course Clubhouse (VGCC) Parcel from the Outdoor Recreation District to the General Use District, located at 1778 Sunburst DriveNail Golf Course Clubhouse (VGCC) Parcel, and setting forth details in regard thereto. Moffet made a motion to table second reading of Ordinance No. 8, Series of 2012, to the July 17, 2012, public hearing. Rogers asked why it was being tabled. Moffet said it was because they needed to address the 18`� hole being moved first, which was the next agenda item, before hearing about the rezoning item. Mire said it was decided that the pub�ic in attendance would be allowed to make comments of record on the rezoning item. Then the rezoning can be tabled at that point and staff can address design issues. The comments on both the rezoning item and the relocation of the 18�' hole agenda items need to be kept separate as they are separate issues and don't necessarily go hand in hand together. Before tabling to another date, this will give the people in attendance a chance to express their thoughts and opinions on both agenda items. Then the Council can make a decision or motion to table after hearing public comment and to allow staff and consu�tants to clear up design issues. Moffet withdrew his motion at this time. Ruther said staff recommended tabling to the July 17 public meeting allowing for the conversation and comments from the public, as they need to be incorporated into the record. This will also allow staff to prepare to come back with a Planning and Environmental Commission (PEC) recommendation and proposals on the rezoning. Zemler said the reason for putting this in alignment where it is now was because they need direction from Council on how the Council and Vail Recreation District (VRD) are interested in proceeding with the whole realignment or not, as it affects how the proposed rezoning moves forward. Moffet said the public should be aware that their comments should be limited to the rezoning at this time and not anything else. Mire stated the relocation of the 18�' hole does not require a rezoning change. Daly said relative to rezoning, this item came up on the June 19 work session and it was agreed staff needed to provide significantly more information before Council could consider the item. Daly said they also have been getting information from adjacent property owners and wanted to give them the opportunity of being heard at a public meeting. Daly stated for clarification purposes, the June 19 meeting was the first time the Council saw the site plan of the redevelopment of the golf course club house and adjacent areas. They were concerned about parking on the 18�' green and directed staff to come back with alternative solutions. During today's site visit, staff shared a new plan with Council which made possible a size in reduction of the VGCC without any expansion of the parking lot and keeping it within the existing parking lot space, except for parameter expansions of landscaping. Daly said staff proposed a rezoning. Due to the design of the VGCC and in order to create a first class clubhouse, this would require an increase in roof height for the VGCC. The best way to address it is through a rezoning. It is clear to Council in conversation from the public there is Town Council Meeting Minutes of July 3, 2012 Page 4 a serious concern about any rezoning that may impact the adjacent areas. Council intends to address concerns as they go through the process. Tom Braun, with Braun and Associates, said the current areas at the VGCC are zoned finro different zone districts, Outdoor Recreation and General Use (part of the parking lot). If the zoning isn't changed, they could bring in the project under Outdoor Recreation which only allows for the building height of 21 feet. This would require a variance and possible conditional use. If it is re-zoned General Use, it allows the PEC to set the zoning standards. The PEC could set the building height to more than 20 feet without a variance. He said this is a procedural step only. Tjossem stated the rezoning is for only for the VGCC and parking lot. Braun said the line is from the 18`�' green to the parking lot. Hall said they would have to go back to PEC to create a new plan if the line is modified. Art Abplanalp said he wanted to keep everything consolidated in order that a single record for both matters could be heard together. He said the problem is that this proceeding is driven by a plat which included the clubhouse, 18�' green and fainnray. Because of this plat, which included moving the 18�' green and adding parking where the 18th green is now, was the red flag that caught people's attention. He said the real issue is that the public notice that went out on the rezoning and the delayed reaction to it was because it was about the rezoning and not the moving of the 18�' green. There was no separate notice regarding the 18`� green being moved in the rezoning notice. The Council needs to go back and get a proper description of what needs to be allowed in the General Use zone district. Steven Chotin, an adjacent property owner, said he is in opposition to the rezoning and the renovation of the 18�' green. He said he reviewed the video of June 5 when this was discussed, where this was described as a housekeeping issue. He said his property values and right to quiet enjoyment would be highly diminished. Another concern is that any future redevelopment would not need to be presented to the community. The neighbors also want to know what types of events will be at the new facility. They should be limited to type and number of uses. He said the General Use zone district uses will devalue properties adjacent to the VGCC. He knows the VGCC needs to be renovated. He wants the project to benefit everyone involved. Daly said Council realized this was more than a housekeeping matter and asked staff to go back and provide more details. Deborah Webster spoke for several neighbors and said with the rezoning being tabled, the neighbors want facts, decisions and criteria of how the rezoning may impact the property owners. They also want to know how special events will be defined, what criteria will be used and how the multi-use community space is used. She wants stringent parameters in place. Eustaquio Cortina, a real estate broker, said he represents five to six families on Sunburst Drive. He said changes within the zoning are acceptable and they need to live with it. However, he said his owners do not feel they were properly notified. Jim Lamont, representing the Vail Village Homeowners Association (VHA), said the frustration that is building around projects that may be zoned General Use district as a catch and is showing a defect. There are expectations and there are standards, setbacks and heights that Town Council Meeting Minutes of July 3, 2012 Page 5 are put in place. This needs to occur in General Use zoning. They need commitments and givens on the part of Council prior to the approval. After approval, standards could be changed. The public needs long term commitments and knowing what they are guaranteed in the future. Dale Bugby said his concern is that the zoning is being taken way too lightly. This is a recreation site, not a convention center site, and the current zoning needs to be kept. He said the Real Estate Transfer Tax (RETT) funds were used to purchase some of the property and he wants to know if this changes the requirements for use of RETT funds. He said if they need a variance for the building, they should ask for it and not change the zoning. Donovan asked staff to address the RETT issue for the next meeting. Darlena Montana, representing owners on the Fairway, stated they are opposed to the rezoning as it will change the area adjacent to their residence. Glenn Hilliard, owner, said he wanted to include that they have invested a substantial amount into their property and don't want the values to diminish. He thanked the Council for hearing their comments and rethinking this issue. Moffet made a motion to table second reading of Ordinance No. 8, Series of 2012, to the July 17�' public meeting and the motion was seconded by Foley. Zemler asked for Council direction on the hole realignment and asked to change to the date of the hearing to two meetings from today. Moffet amended his motion to table second reading of Ordinance No. 8, Series of 2012 to the August 7th public meeting and Foley amended his second to reflect the date change as well. Donovan asked about second reading notification to interested parties. Mire said tabling the item to a specific date allows for that notification. Zemler said a sign up sheet will be at back of the room asking for emails and addresses of interested parties. Staff will make every effort to include those on the list. A vote was taken and the vote passed, unanimously, 7-0. The fifth item on the agenda was a Vail Golf and Nordic Clubhouse Project update including the relocation of the 18th green with participation from the Vail Recreation District (VRD) Board. Daly asked the VRD board members to come to the table for this item. He thanked the VRD members and those members who put in the time on a joint subcommittee made up of finro VRD board members and finro Council members, for their time and energy put into this project as well as the rest of the VRD board members and staff for their time and energy put in to the fine recreation amenities that Vail has enjoyed through the years. VRD board members Bill Suarez, Ken Wilson, Jeff Wiles, Joe Hanlon and Rick Sackbauer and Mike Ortiz, VRD Director, introduced themselves to the public. Zemler said Council was clear at the last meeting to remove the parking lot. There are still items like trash pickup and loading and delivery to address and they are confident they can work through those issues. Zemler said there was a rumor that a tent was proposed in the back area Town Council Meeting Minutes of July 3, 2012 Page 6 due to an old drawing that showed a pad-like area that looked like a possible tent. This proposal includes the same 200 person facility they have been discussing. No tent is involved. Zemler stated Pedro Campos and Dave Kaslak from Zehren and Associates were there to discuss the finro proposed options. Kevin Atkins, a golf design consultant for VRD, addressed the 18�' hole realignment. There are two options: 1) move the 18�' hole 150 yards to the east; and 2) leave the 18�' hole where it is. Also discussed was the creation of an indoor/outdoor event center that serves multiple uses. Staff is asking Council, as the property owner, to give permission to the VRD to realign the 18th hole if the information given is deemed adequate. Campos explained Zehren is a local architectural firm. This is a very important project to them. Their firm is invested in the success of this facility regardless of the 18�' hole project. He reviewed the 115 parking space requirements, the proposed footprint of the clubhouse and a viable event space. There are impacts to the existing landscaping by eight to ten feet but most can be replanted. He reviewed the power point submitted, including entrance and exits, bus turnaround and bus stop. He reviewed the options presented and discussed safety zones for the golf area at the 18�' green and near the clubhouse area. Kevin Atkinson, with Phelps-Atkinson Golf Design, said his firm has been working with the VRD since 2009. His firm has designed and renovated many golf courses around the U.S., Canada and Mexico. He said his firm has won national awards and several awards for their design and renovations of golf courses. They were hired in January of 2009 to do a master plan for the Vail golf course and this was presented at a VRD public meeting in October of 2010. During the development of the master plan process, they spent nine months discussing multiple options as to where the clubhouse should be located. They determined the clubhouse is in the best spot now. He said the clubhouse area is very tight, including the 18�' green and the circulation of the clubhouse and parking are all very tight. They wanted to create more space for safety and flexibility. The master plan and 18�' green placement were approved in October 2010. Golf courses are growing, living things, so during the process, the option to relocate the 18�h green and the safety zone issue was discussed. The concepts were all presented in public meetings. He said developing a new golf green needs to take into account a variety of issues. It needs to have variety, be fun, be memorable, be aesthetically pleasing and have playability. His firm hired Dave Tanner, a specialist on determining the height on how high a golf ball can fly, how far, etc., and that gave scientific data on this location and what the safety concerns are for this hole. He had to design this hole to create a safe scenario in this area and they needed to look at netting. Everything comes down to budget. They have to work within budget constraints given. The various costs are determined by netting which is expensive and that is how budget came into play. He went through the various concepts presented and the cost of each. These concepts were studied extensively in 2009 and given budget and time. The flexible par 4(long or short par 4) can be a new push in the golf industry to create fun and variety. This creates a good golf hole. Campos continued to review the various options. Rick Sackbauer, VRD board member, said Ben Krueger had been his mentor for 25 years and taught him a lot about the Vail golf course, clubhouse and maintenance of the golf course, including how he designed and maintained it. He gave a review of the history of the Vail golf course through the years. He said Krueger wrote a book called "Ben Here." He said the Vail Town Council Meeting Minutes of July 3, 2012 Page 7 Golf Club has a history of compromise. He went through all the changes that the golf course has gone through over the years. He said life safety is the staff and board member's number one concern. Vail cannot afford to miss building the event center and not using the views at the golf course. He said the fund balance was $1.25 million a few years ago and now it is $3.3 million. The property taxes and management have helped to increase it. The district has lost $500,000 the past 2 years due to lower property taxes and will lose $225,000 per year starting in 2013. They are looking for a new way to offset those losses. They are investing $1 million and feel this is an outstanding investment. They need to grow and not stagnate. They can't afford to tread water. Building a competitive event center is what iYs about. Ken Wilson, VRD board member, stated this is his 4th term and 15th year on the VRD board. He stated this has been the most gut wrenching decision for the VRD board. The relocation of the 18th hole does not require a rezoning change. He said the objectives were to stay within budget, add an event center for 200 people and having an outdoor component was necessary, but there needed to be enough parking for golf and the event center. Given the objectives and finro years of scrutiny, making the 18th green a par 4 was necessary. As there has been no increase in taxes or user fees, this made it a necessity. He has been consistent in saying the 18`h green stays the same. However, the decision was made with due diligence and will be beneficial to all members of the community. Rogers asked Atkinson about the safety issues when designing the hole. She was surprised to find that the current alignment of the 18�' hole has safety concerns. She asked what has changed. Atkinson said golf courses are living, breathing, changing entities. When the golf course was originally built, there were no safety guidelines, there were no setbacks. After more and more people realized the dangers, there became a need to have safety guidelines. He said equipment changes have made the golf ball go farther. This is part of the evolution of the sport. Michelle Hall stated she had recently finished her second term on the VRD board. She read her email/letter into the record. She said the voters made it clear on how to use the conference center funds. She said there were multiple public notices during the process on this issue. She doesn't think any of the board members, Atkinson or the Council deserve the negativity of the community. Stephen Connolly said the last three weeks have been incredible and commended the VRD and staff on working to try not moving the 18�' hole. He asked Council to remove the roadblocks for getting this done right. If the VRD needs to build a multi-use facility, then they need Council to fund them. The club house needs to be rebuilt, not remodeled. There needs to be a fully functioning restaurant, parking utilizing a valet service and release of the VRD from the August 6 start date. Gretchen Busse, an adjacent property owner, said she lives on Sunburst Drive. Her big concern is the parking lot and cutting in a berm befinreen Sunburst Drive and the parking lot for a bus turnaround. She said the curve is on a downhill slope and bikers use this area. It would be very dangerous. She said the bus exit is a big concern. Stephen Chotin said remodeling the clubhouse would be a problem. They need tear down and build a new club house and they need more money. He said to fundraise if they do not have enough revenue. He said the house values have gone down. If they continue down this road, it will devalue the property values even more. Town Council Meeting Minutes of July 3, 2012 Page 8 Daly said the golf course is on a small piece of property as it is. Atkinson said bubble diagrams studied show relocation and moving several pieces of the golf course is costly. The cost to redevelop would be around $1.5 million. Beth Slifer said the decision to add the multi-use facility has been popular for many people in town. She is the Chairman of the Vail Local Marketing District Advisory Council (VLMDAC) and said his is fully supported by most of the VLMDAC members, with a couple of abstentions. The improvements will contribute to the economic vitality of the town. Rahl Hammond stated it seems like business interests are overcoming the recreation interest. He said to save the money from moving the 18�' green and put it in getting a better clubhouse. He didn't think moving the 18�' green now is the right time to do so. Gene Henry stated he spends three months in Vail. He plays the Vail golf course every day. If he hadn't known Ken Wilson, he said he wouldn't have known about these changes. He said they need to focus on the range problem and keep the focus on the golfers. Glen Hilliard said he supports the golfers and neighbors. He believes at this location, the VRD is in the business of golf, not events. He said when you take a business into another arena, iYs likely not to be successful. He said take the money and build a world class golf club house. ThaYs an appropriate use, not an events center. Colleen McCarthy, a thirty-four year resident, business owner and former VRD board member, said the billion dollar renaissance is the direction of the golf course. She is offended to have a former elected official reprimand the public for not being involved and not following the process. She doesn't believe the VRD needs to be in the special event business. They are in the recreation business. She agrees they need a new clubhouse and a restaurant as the food is currently non-existent. We need to get back to what VRD is all about which is recreation. She asked the rezoning issue be eliminated. Dale Bugby, a resident of Vail since 1980 and business owner, stated virtually no one got the notice on what was being planned for changes of the 18`h hole. Golf should be priority at the clubhouse and designed for golf first. Designing to accommodate weddings and other events should be second. He said compromise is not a design standard. He said to save hole number 18 is all it takes to avoid legal fees. Art Abplanalp, representing all the owners in the safety zone issue area, said none of the owners living in that area care if they are in the safety zone. They are there to live on the golf course, and have been living there for years. The resolution to golf balls going over the fences is to use lower compression balls. Other issues are restrictive covenants and the ballot question issue. The question wasn't to spend the conference center funds to realign the golf course 18'h green but to use as a multi-use event center. There is no reason to go through the exercise the Council is considering. Peter Woods asked if the Atkinson firm was involved with redesign of hole number 7. Atkinson said no. If the 18�' hole is redesigned to play inside a safety zone, will it be safe in 10 years. Atkinson said he couldn't say as the golf industry is trying to address these issues all the time. He asked Campos if the parking will help sustain the events planned. Campos said yes. Town Council Meeting Minutes of July 3, 2012 Page 9 Hermann Staufer said one thing everyone can agree on is to get a new clubhouse. He was on the VRD for finrelve years. The conference center funds should be dedicated to just the clubhouse. He said government should not compete with free enterprise. He asked why the town and VRD should compete with people collecting sales tax for the town and the VRD. He said the restaurant piece of the club house has not been successful over the years. Why would the VRD be in the convention business? There is no need for it as there are plenty of other places in town to fill that need. Michael Schwartz said he is an avid golfer and plays at the Vail golf course regularly. One of the special things at the Vail Golf Course is finishing the 18�' hole and watching and being watched. Moving the green does not improve the golf course or enhance anyone's golf experience. He wants a full season of golf season to enjoy the golf course before tearing it up for the renovation. It is a great golf course; don't detract from the golf experience. He appreciated everyone's work on this project. Allen Tolk said he hasn't an opinion on whether it should be a par 4 or 5 hole. He has spent most of his life taking care of people being hit by golf balls. He is concemed about reducing the chance of someone being hit from the chest by a ball coming over the fence but increasing the chance of someone being hit in the head from hole 17�' is worrisome. Atkinson said that particular concern has been considered and trees have been added to the 17�' tee and along the creek to alleviate that concern. Daly thanked everyone for their participation. Tjossem said a lot of people have pointed out many things she has been asking herself. She said the driving range is the culprit of many of the issues. She wants to know why it is a sacred cow. The driving range is where the focus should be at this time. Atkinson said low compression golf balls were discussed at length and will continue to be discussed. As far as keeping the 18�' green sitting where it is now will not be a safe setting if the club house is rebuilt where it is now. The 18�' green needs to be relocated. Safety should be considered. He has heard that people do not care but he has been involved in court cases where the decision was different. It cannot stay where it is as it is a significant safety issue as it exists right now. Moffet thanked Sackbauer for the history of the Vail golf course. He said it was important to know the 18�' is not an iconic hole. He was not on Council when a lot of this discussed in the beginning. He said in April 2011 there were some renderings of a clubhouse in winter and interior drawings of the event space. When it came time to discuss conference center funds, this was what was in his mind. When the time came to discuss conference center funds, what was compelling is the public was told there would be a facility to accommodate modest events, including family reunions, weddings and bar mitzvahs. A facility is needed as there is excess demand now. He fought for this ballot initiative for the reason that this was a multi-use facility to increase the Vail economy plus provide a great golf experience. Moffet said he is comfortable with the change of the 18�' hole as the town is on notice that there is a safety issue from the consultant and the needs to be addressed. We fail the voters if there is not an event space Town Council Meeting Minutes of July 3, 2012 Page 10 included. This seems like a bait and switch to the voters if we don't follow through with an events center. Donovan said she is concerned with the process. She was on the conference committee and there was specific ballot language. The voters voted to make the golf course a world class experience and make it an effective community space. She is frustrated with starting out with a narrow focus on the golf course item and Ford Park, too. They have added more and more onto this project and it has spiraled a bit out of the original intent. There is a need to take a step back and look at what the intention was of where the conference center funds are being used. She appreciates the comments, the emails and conversations as there are many diverse reasons to keep the 18�' hole where it is and iYs just not how it finishes. At this time, she can't support moving the 18�' hole. She said they need to gauge down the event center to work with the Nordic center and improved clubhouse. Rogers said she can't speak to the finishing hole but she is a retired litigator and when the town has been put on notice that there is a safety problem and we do nothing, the town can take out the checkbook. She is very concerned about the safety issue and can't take it lightly. She said when Timber Ridge was studied, it was in a high rockfall hazard area. The town had potential legal liability because of the project being in a hazard zone. So the town was forced to do mitigation on the project to protect the town from liability. If the experts are telling Council they can't build a clubhouse, even on the existing site, without moving the 18�' hole, she has to be in favor of moving the 18�' hole. The clubhouse and the 18�' hole are intertwined together when they weren't necessarily intertwined before. Moving this hole has been on the books for three years. She hates that this is making one dependent on the other. She agrees with Slifer that this is in the best interest to create a multi-use facility so many people can use. The event facility will serve many more community members. When she walked into the clubhouse fifteen years ago, the view was the best view in Vail Valley. This is a unique location, a facility is needed and this is an economic driver for the town which is important. She is in favor of moving the 18th hole. Foley said he is on the recreation subcommittee. He apologized that the word didn't get out by not giving enough notice to interested parties to move the 18`h hole. They need to answer many more questions of what needs to be done out at the clubhouse and what will be the actual cost. He said they need to step back, leave things alone for this season and get more input from everyone, including the VRD, consultants, public, staff and Council and make this the best possible project for the town. Tjossem said she is in favor of the event center. She said a lot of voters were not golfers and we sometimes over engineer. If you look at Donovan Pavilion, the patio works well at their location. The event lawn at the golf course may need to be looked at more closely. Kurz said he appreciated the tone of civility during this discussion. He said this was quite different from what had been printed in the newspaper of late, as it had been inflammatory and misleading information. He agrees with having an event center that can be used more than once or finrice. He said with new rules from the Forest Service, some events that we might have in town may use Vail Mountain. Eagle's Nest will draw events away from town. No events on the mountain give revenues to the town. Economic vitality is important and if that is connected to the clubhouse, that is something he supports. He thinks stepping back and taking a closer look will help. Town Council Meeting Minutes of July 3, 2012 Page 11 Daly has been on the subcommittee and been part of the entire process. The process has been an extensive and extraordinary process. He applauds the VRD for their efforts and alternatives as some ideas that have come up need to be looked at. This should be continued to the July 17 meeting to explore other options that may have been overlooked. The town doesn't have $20 million to put into a major move. Fiscal responsibility is a concern for the public and is also the Council's concern. Tjossem asked if the budget is something that can provide wiggle room for the consultants to come up with something. Daly said could they use another million to throw at this. Zemler asked Council for clearer direction. He said staff doesn't have two weeks to move this back if they want to move forward with the start date. It will depend on how far they want to go with the initial analysis. The VRD can look at low compression balls which helps with that one zone outside of the netting. This doesn't change the circumstance of moving the 18th hole. He say they can come back and throw more money at it but they are a bit boxed in as the discussion to move the range has already been discussed and reviewed. They are back to some aspect of keeping the hole but using low compression balls and figuring out a different design at that location. Moving the hole around it doesn't solve the other issues like parking. Daly said the way the clubhouse is designed still leaves safety issues. Zemler said there may be a compromise to figure out how not to have balls go over the range and on to that particular portion. The hole can be moved back a bit farther. But the hole still needs to move. There needs to be compromise. He said short of abandoning the renovation project and not building a new clubhouse is an option. The choices are running out. Rogers asked if there was a deadline. Mike Ortiz said the deadline in order to build the 18�' green to be used next year means the construction would need to be started by August 6�'. This will allow turf in the ground by October 6�hfor the following year. Daly said it comes down to using the existing turf of the 18�' green. Kurz said they should only use low compression balls on the driving range. He asked how the golfers feel about that. Ken Wilson said it would be a warm up range but not a practice range. Atkinson said it would depend on the type of low compression ball used. Other golf ranges use very, very low compression balls, but golfers are not happy using these balls. Zemler asked if there will be another public discussion. Daly said yes it will be another public meeting so the public can participate. Zemler said they will make another attempt at this agenda item and see if they can make the July 17 meeting. Moffet thanked the VRD board for attending the meeting and invited them back to the July 17`� meeting. Daly thanked everyone for participating in the discussion. A three minute break was taken at 9:00 p.m. The sixth item on the agenda was the Matterhorn Bridge Replacement Award. Town Council Meeting Minutes of July 3, 2012 Page 12 Chad Salli, Project Manager, said the bid came in higher than anticipated and said the $100,000 overrun was due to the federal process. Moffet made a motion to approve supplementing the 2012 budget in the amount of $100,000 to cover design and constn.rction costs, and to authorize the Town Manager to enter into a contract, in a form approved by the Town Attorney, with Colorado Constructors Inc. in the amount of $970,068.30 in order to complete the work. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was second Reading of Ordinance No. 7, Series of 2012, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of one existing fractional fee club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Rogers made a motion to approve on second reading Ordinance No. 7 with conditions, as follows: 1) The applicant shall amend all applicable condominium maps to reflect the change in use and cause said maps to be recorded in the office of the Eagle County Clerk and Recorder within 90 days of approval of the major amendment to the special development district application; and 2) The applicant shall ensure that loading and delivery doors be closed at all times when not in use, pursuant to 14-10-10E, Vail Town Code. The motion was seconded by Donovan. A vote was taken and the motion passed, unanimously, 7-0. The eighth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 9:10 p.m. Respe ly Submitted, Andrew P. Daly, Mayor Attest• Lor ei onaldson, Town Clerk `�t�.�F �Vq.� �O. . . • . • . • . . • . . • • S : . , • . . , ��'�••....,•••_cp Town Council Meeting Minutes of July 3, 2012 Page 13 Vail Town Council Meeting Minutes Tuesday, July 17, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Lorelei Donaldson, Town Clerk The first item on the agenda was Proclamation No. 4, Series of 2012, honoring Pepi Gramshammer. Daly thanked Tjossem for reminding the Council of this special event. Each Councilmember read sections of the proclamation into the record. This proclamation declared the Council was making August 6, 2012, Pepi Gramshammer Day in Vail on his 80th Birthday. Moffet made a motion to adopt the proclamation and Tjossem seconded the motion. A vote was taken and passed unanimously, 7-0. The second item on the agenda was Citizen Participation. Michael Cacioppo stated he sent an open records request via email to Police Chief Dwight Henninger on July 5, 2012, and then again on July 12, 2012. He said he had not received a response to his request to date. He said he also spoke with Town Attorney Matt Mire. He didn't like Mire's answers or attitude and felt disrespected by both Henninger and Mire. He said that is why the town gets regularly sued. Daly asked if the town has met the statutory requirement. Mire said the town has met the statutory requirement and they don't get regularly sued. Pat Paris said she has been a resident in and out of Vail for 30 years. She said there had been several markets in Vail village in the 1980's and now there are none. She asked the Council to look into having a market in Vail Village. Daly said there will be a grocery store in Ever Vail when it's built, which will be on the bus route. He asked her to contact Ruther in the Community Development Department and he could take her through the history and challenges of why this has happened in downtown Vail. She said a village should always have a grocery market available in the village. The town and Vail Resorts have always catered to the needs of the community and guests. She is frustrated that this is one Town Council Meeting Minutes of July 17, 2012 Page 1 need that is not being met. She said Ever Vail will still not meet the needs of having a market in Vail Village. Mike Mathias stated he lives in East Vail and is on the board of the Eagle County Fair and Rodeo. He invited the Council and community to the Eagle County Fair 8� Rodeo from July 25�' through July 28th. He said statistics they have show that only 6% of the people who go to the Eagle County Fair & Rodeo come from Vail. He said it was disturbing that the number is so low. He encouraged everyone from Vail to attend. He said it is a great fair and rodeo that everyone could have a good time attending. Jonathan Levine apologized to the Council and others in the room for offending them in the past. He said he had only wanted to be an advocate and the whistleblower. He said there were several people stranded again in Vail over the past few weeks due to no taxi service. He said High Mountain Taxi is not doing their job well. He found out High Mountain Taxi's telephones were not working. He called the police department dispatch and asked if his limousine company could respond in an emergency to a woman and her child stranded at the hospital. He was told not to respond as they didn't have reservations with the limousine service. The police department stated they couldn't assist in helping him break the state laws regarding limousine regulations. He reiterated several scenarios he witnessed of people being stranded. He said one taxi company is not enough for Vail. He said Vail needs to be customer friendly and needs to allow various types of transportation services to respond to the needs of Vail clients. He said this is a safety issue. He said two years ago Commander Wright banned limousines from the village. Henninger then came back and said he would make things right. He said it wasn't done. He wants the rules removed immediately. Daly said the discussion regarding the limousine and taxi services will be done in the fall of 2012. Matt Krause stated he works for Levine at Hummers of Vail, and asked why the Cadillac Escalades used by some of the local hotels have out of state license plates on them. They are speeding through town and are getting away with it. If the Hummers of Vail drivers speed five miles over the limit, the Vail police pull them over. He wants this investigated and stopped. He said he wants to pick up their guests at the bottom of Lionshead and not at the top. Daril Cinquanta, a private detective for 21 years and a veteran of the Denver police department, said he was the investigator regarding Levine's charges in 2004. Daly asked him not to discuss at this time as it did not belong in public participation. The third item on the agenda was the Consent Agenda. On the consent agenda was the approval of the 2013 Budget Timetable and Philosophy and the approval of the meeting minutes for June 5 and 19, 2012. Moffet made a motion to approve the June 5, 2012, meeting minutes and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. Foley stated on the June 19�' meeting minutes there was a misspelling of a name on page three. He said it should be Gorman, not Mormon. Donaldson will correct on final meeting minutes. Town Council Meeting Minutes of July 17, 2012 Page 2 Moffet made a motion to approve the June 19th minutes as amended and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was the Town Manager Report. There were two items under the town manager report: a Fire Department Restriction Update and an Eagle River Water & Sanitation District Water Supply and Drought Update. Fire Chief Mark Miller gave a brief update on the wild land fire restrictions. He said the rain has helped but the BLM and Forest Service will meet tomorrow to discuss changing the fire restrictions back to Stage 1. This is good news. The bad news is the live fuels are so dry they won't recover this summer. If the typical "monsoon season" ends in August, this area will be back to Stage 2 fire restrictions. The Ready Set Go program meetings are going great. The wild land mitigation crew is wo�king hard and is being very vigilant. Diane Johnson with the Eagle River Water and Sanitation District (ERWSD) stated rain brings a respite but that we are not out of the woods. ERWSD provides water from Vail to Edwards. The stream flows are 40% of historic averages and Eagle River is 50% below average. The rain has bought a week to 10 days of respite. The swiftness of the stream flows are what they look at to gauge where they are. The Vail Daily has a drought watch section on the front page and fire information in there as well. The entire state of Colorado is in severe or worse conditions for drought. Eagle County is in extreme conditions. More than 70% is in exceptional or extreme drought conditions. There will be no recovery but the district is hoping to get through to Labor Day. The nation has experienced the warmest weather from last July to this June that has ever recorded since 1895. June in Colorado was the warmest on record and the second driest on record. The community role is the other half of the equation. To that end they are asking people to prioritize water use at homes and cut back just as the Vail Golf Course has done. They are targeting people using water excessively through technology. 20,000 gallons per month or less is what they are asking people to use. If it's over that amount, they are asking people to cut back their use. She said to call the ERWSD or look at the bill to see what you are using. The fifth item on the agenda was the Vail Golf and Nordic Center Clubhouse Project regarding the 18th hole. Daly asked people to limit their time to two minutes per person, be constructive and respectful, turn off cell phones, and go out of the room if you have to answer a call or have side conversations to lessen the disruptions to the meeting. Daly said on June 19th the Council was first shown site plans for the golf course and that parking was not an appropriate use of the property on the 18�' green. The rezoning change has been sent back to the Planning and Environmental Commission (PEC) to look at reducing the parcel or changing operating guidelines for the club house and remodel. Daly welcomed the Vail Recreation District (VRD) board back to the Council meeting. The VRD board Joe Hanlon, Ken Wilson, Jeff Wiles and Bill Suarez introduced themselves as well as Mike Ortiz, Executive Director of the VRD. Ortiz stated VRD board member Rick Sackbauer could not be at the meeting. Stan Zemler, Town Manager, said they have three things to cover and get direction from Council and the VRD board. They were: 1) get general acceptance to the plan as previously Town Council Meeting Minutes of July 17, 2012 Page 3 submitted as it relates to the club house; 2) get the approval by Council to allow the VRD to proceed with an application for the realignment of the 18�' hole; and 3) the town is withdrawing the current application for rezoning. He said it was likely that staff would be resubmitting a request for rezoning that has conditions attached to it. Before that, they want to hear from all interested neighbors and other parties to make it as friendly to the community and neighborhood as they can. Council directed them to see if an alternative could be produced to address concerns from the last meeting. Kevin Atkinson, an owner with Phelps-Atkinson Golf Course Design, introduced himself and said it was good to be back. He reviewed Concepts A and B, which included netting and is expensive; as well as Concepts C& D, which did not include netting. He reviewed how they reached the decision that Concept F was now the best plan. He reviewed the power point. He stated after the June 19�' meeting, they heard the concerns, comments and passion from the public. They came up with Concept F as the best solution as submitted. He reviewed the changes which would recommend the 18`h hole to be a par 4, keep the patio views from the club house, protect the area with netting, add some berms and trees for landscaping, keep the variety within hole 18, and still be a great par 4 hole. Pedro Campos, landscape architect with Zehren and Associates, stated he has been working hand-in-hand with Atkinson in responding to the impact of the club house facility and the relocation of the 18�' green. He reminded everyone of the goal which was to remodel the facility that needed much improvement. He reviewed the power point presentation from Zehren and Associates which included Concept F. He said the circulation with regard to buses and parking concerns meet the requirements of the town with limited impact to some landscaping around the parking lot which will need to be removed. He said shifting the hole and supplementing with netting, there can be a nice relationship between the interior of the building as well as exterior decks with the 18�' green. They believe this is a balanced solution to the concerns expressed at the last meeting. Rogers asked about the concern about the bus stop issue and the safety of the bicyclists coming down the road. Campos said the bus stop is not fundamentally changing and has asked the transit folks to review it. The transportation folks are the expe�ts and they said this concept was attainable. The bus stop is not moving. Suarez asked if the outside patio is moving. Campos said it is moving a little bit. He said there are trade offs and this concept captures southeastern views. Zemler asked if someone was going to address the net to allow this possibility. Atkinson said they know the height needed based on a study that can be achieved with a baffle concept instead of a straight line net. They are still in an evaluation of which to use. There is enough conversation to get a cost estimate and recognize the challenges with the netting. They recognize the challenges of the netting as it had not been in the conversation to date. Atkinson said it would be an additional 50 feet higher than what is there now. Donovan asked about the memo on page six regarding the loss of range ball fees and instructional fees versus a practice range. She asked if the loss would be very significant. Ortiz said if they use a low enough compression ball so the balls don't go over the net, it is tough to teach. The driving range revenue is $70,000 to $90,000 year which is significant. There would need to be a combination of both the net and balls. Town Council Meeting Minutes of July 17, 2012 Page 4 Wilson said they ordered 600 low compression balls. Many individuals of different abilities use them. When used the low compression balls still got over the net and do not solve the problem of balls over the net on the right hand side. Daly asked what the feedback from guests was using these balls. Wilson said it was very poor. This would clearly be a warm up range if they are used. Suarez clarified that Concept F is to go higher with the net in certain places and not change the balls. Atkinson said yes. His experience is that going to low compression balls is not a great resolution. Daly asked how much the netting would cost. Atkinson said changing the net could be $800,000. Tjossem asked for an explanation on baffles and the step system. Ortiz said the first net would be around 100 feet and then step up to 120 and then 130 feet. Suarez said they have taken a lot of input and this is the fourth reiteration of the plans. He said it was important to solve the safety issues and still have outside seating on the patio. It's important for the whole project to get the 18�' hole the way they want it and then look more closely at the club house remodel. Daly said the safety issue is really an excuse and concern to increase outdoor utilization for the club house. He said it was the redesign including the community function that leads to safety issues. Atkinson stated two weeks ago they had addressed the safety issue with a net. If the 18�' green is kept there is another dangerous situation with the club house and the 18�' green move, as there is a significant issue on the right hand side of the club house. Professionally, he would never recommend keeping the 18�' hole where it is as this is a tight spot. Kurz said after the last meeting he asked for a site visit to see how much work had been done to the 18�' hole and golf course improvements in other areas. He said it was obvious this project was not done overnight. He thanked the VRD board for their foresight and improvements on the golf course. He said low compression balls don't seem to solve anything as people play to see how far they can hit the ball at high altitude. This is counterproductive of what they are trying to accomplish. Wilson said this option became available when Council said they may have to put more money into it. The proposal was not presented earlier as it would be in the path of the golf course. The moving of the 18`�' hole was in a 2010 master plan. Daly asked for public comment. Bob Armour stated he worked at the Vail golf course and commended all the hard work and compromises he has seen. He is concerned with baffling and would not want to lose the driving range. He prefers looking into going up higher with the nets and not losing the driving range. Atkinson said it does narrow the driving range but they are still looking at this part. Rob Levine said he is an avid golfer and when conference center funds with alternatives were approved by voters, it was meant to attract new business. He encouraged everyone not Town Council Meeting Minutes of July 17, 2012 Page 5 sacrifice improvement of the golf course club house and expanded possibilities and to keep the economy in mind. Gretchen Busse, who lives on Sunburst, had a question about the site plan on rezoning and if it included a cut in a berm. Campos said it did but the rezoning is being withdrawn. Hall said on the site plan, a cut was for the bus and bus exit only as this was for professional bus drivers. Daly asked if there is a gate or something to make others not use this area. Hall said that is a possibility. Busse said her concern was about the downhill curve, buses, pedestrians and bicyclists in the same area. She said it would also require five big trees to be removed that her homeowner's association planted. She wants the exit lane for buses to be reconsidered. Stephen Connolly echoed Armour about the changes that have been made. He asked about the low compression balls and the cost about practice versus warm up fees. Atkinson said he can't give a concrete number as it's fiscally hard to determine. When he is warming up, he still wants to find out how far he can hit the ball as well as other things. Connolly asked if they were testing low compression balls. Ortiz said they tried six different types and had a good sampling. Additional discussion ensued about various types of golf balls. Brett Schoenfeld, with the Vail Cascade, said he ran a golf resort in Virginia that was host of nine U.S.G.A. golf events. He is a 5 handicap golfer and said he would not use low compression balls and would not take lessons with low compression balls. He said moving the green forward would make it better for playability, and making it a par 4 versus a par 5 is not a big deal. Golfers play the golf courses to whatever the course is laid out. One of the goals approving the ballot question was to spend money redoing the VGCC and to have a multi-use facility for more events and weddings. He said Vail has a deficiency of sites for having weddings and other events. He believes there are ways to make this work harmoniously. Gene Henry was impressed by the amount of work done so far. He appreciated everybody's efforts and time they have put into this project. Dale Bugby said he manages the Sunburst Condominiums and is a 10 handicap. He said when the parking lot was moved from the 18�' hole site, he thought moving the 18�' hole was not an issue anymore. He said VRD promised him they wouldn't change the 18�' hole, but it is still being moved. He said the only safety hazard is around the clubhouse. A simple solution would be to move the weddings and other events indoors or put them on the roof. He listed several items on why to keep the 18�' hole where it is including: getting the clubhouse built this decade before the town gets sued; golfers want the 18`h hole to stay where it is; the neighbor's won't sue the town; the voters only wanted a new clubhouse; the zoning is for recreational use not for general use; the deed restriction on the golf course specifically prohibits other uses; the safety debate doesn'Y hold water as only one guy has been hit on the 18�' hole; the VRD board never wanted change to 18th hole; and the hoteliers don't support the event center. He spoke with five hotel representatives and they did not sup�ort the event center and felt it would directly compete with their business. He also said if the 18` hole is kept where it is, he would not come to any more Council meetings. Town Council Meeting Minutes of July 17, 2012 Page 6 Deborah Webster said the Pulis deed restriction should have put up red flags to Council with regard to having a multi-use facility there. She also said no one reached out to the neighbors for their input on the changes to the VGCC prior to May 2012. She asked if tents would be allowed on this site. Zemler stated there are no tents shown on the drawings but it could happen at different events if there was a request. She was also concerned about the noise from events. Steven Blanchard read a letter by Stephen Chotin into the record which referenced his previous emails to Council. Glen Hilliard thanked the Council and VRD for working to continue to resolve issues. He said there is a perceived need to have an events center. He said the hotels wouldn't put there funds into something like this. The community does want to remodel the VGCC and preserve the 1 gth hole. He doesn't want an events center in his neighborhood. He said this has been a poor process. We should back up and be thoughtful about what we are trying to accomplish. Art Abplanalp said he represented multiple property owners adjacent to the golf course. He presented a packet of information to Council with a copy of the golf course deed, Council minutes of August 2 and 16, 2011, and an email from Warren Pulis. He said the neighbors were not properly notified and this project isn't fully developed or clearly thought out. The current time constraint doesn't allow for more input. He asked to defer activity on this project for a year to allow property owners and the town to work together on a mutually agreeable outcome for this project and the process to work. Michael Cacioppo stated there have been weddings and parties at the golf course for 30 years. He is not a NIMBY (not in my back yard) person. He doesn't buy the theory that adjacent property owners were losing the property values of their homes by these changes. He said most places he has lived the property values were increased. He respectfully disagrees with the opponents. They all pay taxes and everyone understands the need to be considerate of the neighborhood. If there is sound after 10 p.m. at night, they can get the problem solved. Windows can be added to help with sound. He said as far as the foot print of the building, this language wasn't in the ballot. When his newspaper endorsed this ballot question, they thought they were improving the space to include a multi-use facility to allow wedding and party facilities to help bring in guests as the hotels are booked in the summer. That is what the conference center funds were to be used for. Lee Chapman said we do need a clubhouse and iYs important to everyone. He doesn't feel the multi-use facility is needed and a golf course should be a golf course. He said the whole venue won't work financially. Jim Lamont, representing the Vail Village Homeowners Association, said they need to move beyond the grand standing. He said all sides have valid points of view but they need to move forward to leave the neighborhood in tact. He suggested having a management agreement to address neighborhood issues and have it on paper. He wants staff, Council members and the VRD board members to sit down in a meeting with the adjacent homeowners and arrive at harmonious language so substance is there on what compromise is attained. There also should be money spent to support and resolve these issues in a harmonious way. Town Council Meeting Minutes of July 17, 2012 Page 7 Daly thanked everyone for commenting. Tjossem said she is disappointed to hear the neighborhood was not brought into the process sooner. She said iYs not too much to ask to speak with the neighbors as dialogue is important. She said we do live in a resort community and the town and VRD are not changing the uses of this building but bringing it up to Vail standards. Donovan asked what steps Council is trying to accomplish this evening. Moffet stated the staff recommendations per the memorandum which were to make a decision on proceeding with the building design as previously presented to the Council; provide parking as presented in the revised design on July 3; relocate the 18th hole as per concept F and with final design reviewed by the VRD and Design Review Board; amend the budget as necessary to address the recommended changes and direct staff to withdraw the rezoning application at this time and to be modified for future zoning applications. Moffet said he grew up on the 16�' green of the golf course. They have events and weddings at the club house all the time. He asked that the public lay off the inflammatory statements. He got maRied at the golf course clubhouse. He said Cacioppo's statements were spot on. Rob Levine had salient points with the conference center funds to be used to bring heads in beds, including a club house that accommodates weddings as that was on the ballot. The ballot language expands and renovates the golf course clubhouse. That is abundantly clear. He was disappointed that Warren Pulis was told that an event center was going to be added on the site and it was misdirected information. He is prepared to adopt staff recommendations. Kurz said he agrees with most comments Moffet made. He agrees the homeowners in that area need more attention with some type of management agreement. Golf will not be impacted to the degree they have heard. He suppo�ts the motion to continuing this with a caveat that the homeowners have legitimate concerns that need to be addressed. Moffet made a motion to approve the staff recommendations and the motion was seconded by Kurz. Rogers is in favor except for the amended budget as necessary for changes. She wants to know the cost, what funds should be paying for what things. She wants to make sure conference center funds are spent on the appropriate building. She said they should amend the budget as necessary. She is in favor of the motion. Moffet amended his motion to adopt staff recommendations on pages 7and 8 with the addition that the staff and boards work with the neighbors more closely and any amendments to the budget must have the prior approval of Council. Kurz seconded the amended motion. Donovan asked if this moves the project forward. Mire said the VRD will file an application and go through the process. The PEC has final say on what gets approved. He also stated the town if definitely withdrawing its rezoning application. Zemler said it takes 30 days to engage neighbors before submitting to PEC. So he requested the timeframe be moved to give some level of comfort to the neighbors. Town Council Meeting Minutes of July 17, 2012 Page 8 Rogers said this is a clear message to give VRD approval to move forward on moving the 18�' green, with approval of Concept F, with final design review by VRD and DRB. Joe Hanlon said it went through their VRD board meeting and a majority of the board members approved Concept F. Further discussion ensued. Donovan is supporting the motion as they can call it up in the future and iYs important to get this to an application level to address concerns. Daly agreed with Zemler's suggestion to slow down the process for 30 days and give property owners and other interested parties to add their input into the process and come back to Council at a later date. The 4�' bullet point from staff s recommendation was deleted at this time. Moffet amended his motion to add a delay with building design for 30 days and the 18th hole will still be there for the rest of the golf season. Kurz seconded the amended motion. A vote was taken and it was passed unanimously, 7-0. Zemler said the meeting with the adjacent neighbors will be at the Vail Golf Course Clubhouse next Tuesday, July 24, 2012, at 1:00 p.m. The sixth item on the agenda was a discussion regarding the Vail Shuttle and Courtesy Car Alternatives. Tom Kassmel, Staff Engineer, said the Town of Vail has seen a significant increase in the volume and frequency of shuttles and hotel courtesy vehicles in the past few years as a result of the successful Vail Billion Dollar Redevelopment. Many convenient areas that are within close proximity to Vail Mountain and to both the Lionshead and Vail Villages are now being overused for the drop-off and pick-up of guests. Currently the town does not have any policies or regulations specific to these services. The increase of these services has become problematic for critical portal areas to the mountain and the Village� and other congested neighborhood areas, causing safety issues and congestion. On March 6�', Council directed staff to develop alternatives for solving these issues. The town staff held a public meeting on April 16th to discuss these issues and to receive feedback from the public. As a result of this meeting, input from Council on March 6th, and internal staff discussions, staff presented three draft alternative solutions to the shuttle/courtesy car operators. The alternates were emailed to the operators on June 6th, with an open meeting to discuss the alternates on June 13th. There were three alternates discussed. Alternate 1, which is the staff's preferred alternative, includes a combination of shuttle and courtesy car registration, shuttle scheduling, location restrictions and capital improvements. In general this alternative restricts the number of shuttles arriving at any one location to scheduled times, and to a maximum of three or four at any one time, including the Lionshead Welcome Center (LHWC), Lionshead Transit Center (LHTC), the Vail Transportation Center (VTRC) and Golden Peak. It requires all courtesy cars to use signed skier drop off locations and 15 minute parking zones only, restricts shuttles from the Hansen Ranch Road area and restricts all shuttle and courtesy car activity from the Mountain Haus area. Suggested capital improvements include: modifications to the Lionshead skier drop to allow for a safer and more efficient one way loop with designated courtesy car spaces; extend LHWC shuttle drop-off area by one shuttle length; provide additional signage and RFI readers installed at drop off locations to track usage and mitigate abuse. Shuttles and courtesy cars Town Council Meeting Minutes of July 17, 2012 Page 9 would be required to register and comply with designated policies. It would be expected that the shuttle and courtesy car drivers/operators would assist in policing activities and report issues and abuse. The second alternative and the most restrictive, with no shuttles at LHWC, is the same as Alternate I with the following exceptions: 1) shuttles would not be allowed to use the area in front of the LHWC; 2) all shuttle activity in the east Lionshead area would be required to use the LHTC on a scheduled basis. This Frontage Road drop-off location is 400' longer walk and requires the use of stairs or elevator. This would be almost identical to the walk distance at the VTRC; and 3) the LHWC would be used for In-Town buses only and the current shuttle area would be removed and signed for courier loading and delivery only (FedEx, UPS, USPS). The third alternative is least restrictive and accommodated more shuttles at LHWC and is the same as Alternate I with the following exceptions: 1) shuttles would be restricted to LHWC, VTRC and Golden Peak with no scheduled times; however, scheduling would be implemented on an as needed basis; 2) in addition to the capital improvements noted in Alternate I, this alternate would extend the LHWC shuttle drop-off area by five shuttle lengths as previously presented in earlier Council meetings. He said the majority of user feedback was not favorable to any scheduling. The hotels wait for a full shuttle and don't always go to specific sites. For the courtesy cars in Lionshead, the skier drop-off area can't accommodate the larger SUV's with cargo boxes as they don't fit. Rogers asked where they put guest skis and snowboards. Kassmel said it varies with the vehicles. Rogers asked how many vehicles are affected that can't get into the Lionshead Welcome Center area drop-off. Kassmel said probably 1/3 of the vehicles used wouldn't fit. Further discussion ensued on the Lionshead Welcome Center drop-off and area usage. He also discussed the cost for the alternatives. He said staff preferred Alternative 1 as it allows for scheduling of the shuttles and courtesy cars to alleviate congestion. Rogers said on a powder day this could be a problem as certain lodges will be at a disadvantage if they are scheduled later. Kassmel said they looked at that and said with the shuttles they could provide each operator three slots within an hour. Rogers asked why they didn't figure this out when the Welcome Center was built and how did it fall through cracks. Kassmel said it didn't fall through the cracks. They had always looked at putting the shuttles and courtesy cars on the top deck and in the bus lanes. But everyone says it feels like the drop-off is ten miles away. In 2009, they were regularly seeing 3-5 shuttles. Today they have seen a huge jump in the numbers. There is a big conflict with pedestrians, deliveries and drop-offs at the bus stops. Donovan said Alternative 1 seems like spending a few hundred thousand dollars still doesn't alleviate shuttles going down the chute and in front of the Welcome Center. Kassmel said the shuttle buses would still go down to same location but not the courtesy cars. The current specific task is to alleviate the number of shuttles at one time. They need to maintain finro lanes of tra�c. Work now is to eliminate loading and delivery at the drop-off zone and move them to the Arrabelle loading and delivery area. Only personal vehicles would be allowed at the drop- off. Town Council Meeting Minutes of July 17, 2012 Page 10 Roger asked why the shuttle buses couldn't be at the top of the parking structure. Kassmel said the structural capacity on the top deck of Lionshead is an issue. Every structural engineer staff has spoken to has said no to more weight. Rogers asked if reinforcements could be added. Kassmel said yes, but at a significant expense. Foley said iYs a nice problem to have, getting people on Vail Mountain. He said he agrees with shuttles being down behind the bus stop area but courtesy cars need to be marked and not let down in this area. He said the town has a coming ski season to work out a plan, get it figured out, and the cost to reinforce the southwest corner of structure. The town needs some type of registration and regulations in place. He said work with the hotels and lodges to get this worked out. He said when lodges are down there five times in one hour; the question should be asked is it a necessity orjust a courtesy. Will readers help figure out how to make a plan work. Moffet said instead of spending $150,000 for equipment, use human resources, not mechanical resources, for this ski season. Man the gate and take a season to work it out rather than force a solution. Tjossem said when remodeling, the shuttles were lining up to the east of the bus stop so they wouldn't be able to come all way to the front door. Kassmel said there is enough room for three to four shuttles but when there are ten to finrelve, it creates chaos. There is also a problem when people cross the street wherever the shuttle stops and not at the crosswalk. Jonathan Levine said scheduling is unacceptable. He said if they take into account the flow of the tra�c and staging, it does create a problem. He said that staging vehicles should go away. You load when there are guests and then you leave. If you don't have guests, you leave. Flow is very important. There is only one way out of Lionshead currently. He wants the town to consider opening up access in front of the Dobson Ice Arena and allow them to go east and keep everyone moving. No one is sitting or speeding. He said some of the things that work are to mark the vehicles, keep track of the flow, keep the vehicles moving, and track the offenders this way. He said doing a one way loop down into this area, move the cars east and then loop back from the Frontage Road will work. There needs to be enforcement of this process to make it work. Levine said making a loop through Meadow Drive would allow them to come back, no stopping, no oversize vehicles and keep everything moving. He said offenders would not be allowed to come back. There would need to be enforcement and everyone would need to be held accountable. Michael Cacioppo stated that solution would make all the vehicles go all the way to First Bank on Vail Road. He asked if there was a possibility to have vehicles leave on the other side of the Lionshead Pa�lcing Structure instead of going all the way to Vail Road. He said another obvious solution is get Ever Vail going. Another idea is to park at Ford Park and add a Blue Sky Basin gondola started at Ford Park. Rogers said the town would be removing gates. Jeff Miller, Director of Rooms and Residences at the Four Seasons, has worked with Kassmel on this project and he supports permits and a trial basis of a loop schedule. Define what a courtesy car, van and shuttle are and try this plan out. Also make sure staff is moving people Town Council Meeting Minutes of July 17, 2012 Page 11 along. He offered his time to help Kassmel come up with improvements that can work for everybody. Daly asked Miller about an opportunity to use electric carts on some of the streets. Miller said this limits the lodges and hotels on the capacity of what they can carry and would fill up the streets with golf carts. A shuttle van fits finrelve people and regular vans seat six. This would impact and limit where you could go. Rogers asked if the courtesy cars fit in the drop-off area. Miller said yes. John Sentinel, with the Ritz Carlton Club and Residences, said scheduling time slots does not work after the review of the alternatives. He said the flow and ease of getting customers around requires speedy service for guests and he would like to see Alternative 3 adopted. He likes the human component. It will take all of them to educate guests and clients on how this would work and is the responsibility of everyone. Tom Massa, Assistant General Manager of the Wren, said some guests are on a budget but the guests still expect good service. The Wren prefers Alterative 3. He said scheduling doesn't work. Who would be figuring out who gets priority of the best time slots and sees this will be an issue. The service aspect of their business is important and taking away potential revenues is terrible. The Wren's guests mainly want to be dropped off at Golden Peak but if guests want to go to Lionshead or Vail Village, they will take them there. Bob Lazier, owner of the Tivoli Lodge, said the recommendation for Hanson Ranch Road was for courtesy vehicles only but that is still a problem. They have had a lot of problems with parking in that area. Hanson Ranch Road is becoming more and more a pedestrian area. It is a dangerous spot and it's growing. He would like to see Hanson Ranch Road be a pedestrian area. Just courtesy cars in the area are positive. Rogers asked about not allowing any shuttles near the Christiania area. She said this would eliminate the general public going there as well. She said there was a 10 minute parking sign there that encouraged people to leave their cars. Greg Hall said that was for after 6 p.m. Rogers was not in favor of scheduling as it was not a fair process. She encouraged staff to work with the lodging community to make it work and to use the coming season to see what works. She doesn't want to pay $150,000 and thinks Alternative 3 is the best solution at this time. Donovan said she is leaning toward alternative 3 but with restrictions on Hanson Ranch Road. She said requiring registration of the vehicles may solve more issues and is a great first step. Moffet said there needs to be restrictions on Hanson Ranch Road as it was not designed for a skier drop-off. Foley said registering the vehicles and being able to identify offenders will help. They can also ask them why they are abusing the system. The town has a ski season to work it out. He said requiring visible identification on each vehicle is needed and adding a gate in the Lionshead structure is a good idea. Tjossem said this gives the town an opportunity to look at other alternatives. She said in Zermatt, Switzerland, they require hotels to use electric carts that hold 12 people to move folks around town. Moffet said anything that congests the tra�c near the buses is problematic. Kurz said he would rather spend money on people than infrastructure to make it work at this time. Daly said he also supports using the next season to work this out. Town Council Meeting Minutes of July 17, 2012 Page 12 Daly said he has seen the courtesy cars stop at Meadow Drive and Vail Road and this needs to stop. Kassmel reiterated Council's direction on this matter: Alternative 3, with no scheduling of courtesy cars, vans and shuttles at this time; registration of the vehicles, no transponders; and look into a one way loop in the Lionshead parking structure by adding a gate. Kassmel said the addition of a gate may cost approximately $25,000 to $30,000 to implement. The last item was to spend resources on man power versus equipment. Daly said staff should come back to Council with a budget with the cost of using people versus equipment. Bob Lazier asked if this included removing vehicles on Hanson Ranch Road. Daly said no shuttles will be on Hanson Ranch Road and to add signage in this area. Further discussion ensued. Kassmel will bring back this item to Council with more details on budget costs. The seventh item on the agenda was an update on the Vail's 50th Anniversary. Adam Sutner, with Vail Resorts, said he sits on this committee and they are working on great plans. He said the information presented is representative of the best possible thinking out there. He discussed the details in the memorandum and the power point presentation which included details for the anniversary opening, film premier, concerts and other aspects of the anniversary celebration that occurs throughout this winter season. They will also be launching a new website on August 1St with all the information on the 50�' Anniversary on it. Daly asked about the request for additional funds for $100,000 in the budget supplemental, as the town has already allocated $450,000 to this event. Sutner said this is to get a better A-list musical talent and the additional $100,000 would go for a higher quality of bands. He said normally the talent budget for Snow Daze is $250,000 and for this concert it would be around $600,000 to $700,000. It would give relevance to the 50�'Anniversary and come back strong and enticing. It would send a loud signal that Vail is Vail. This is a modest offset to a vast cost for the headliner. Sutner said the opening of the Gondola Ribbon Cutting will be on December 14�' and the gondola will be open to the public on the 15`�' of December. The eighth item on the agenda was first reading of Ordinance No. 9 Series 2012, and ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Heavy Equipment Fund. This item also includes discussion of off-cycle contribution funding requests. Kathleen Halloran, Budget Manager reviewed the memorandum with Council. She said the off- cycle request did not include $100,000 for Vail 50"' Anniversary. Further discussion regarding various aspects of the budget memorandum and the 50�' Anniversary ensued. Town Council Meeting Minutes of July 17, 2012 Page 13 Foley Made a motion to ap�rove first reading of Ordinance No. 9, Series 2012, with the addition of $100,000 for the Vail 50t Anniversary and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12- 3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (V�lT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Maste� Plan, to include recommendations related to a new Vail Village Townhouse (WT) District, and setting forth details in regard thereto. Moffet made a motion to continue Resolution No. 7, Series of 2012, and the second reading of Ordinance No. 2, Series of 2012, to its August 7, 2012, public hearing with the condition that this is the last continuance and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was a request to continue the Ever Vail major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011, to the August 21, 2012, public hearing. Moffet made a motion to continue the Ever Vail major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011, to the August 21, 2012, public hearing and the motion was seconded by Kurz/Tjossem. A vote was taken and the motion passed unanimously, 7-0. Zemler said staff has had a couple of ineetings with Vail Resorts and they are waiting for a response from last letter sent to them. The eleventh item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 10: 20 p.m. Respe Submitted, Attest: An w P. Daly, M Lo I�i onaldson, Town Clerk �r1��F ,Vq�� ti� : � : 5��, �,, .,,. •� ..... ��o��� Town Council Meeting Minutes of July 17, 2012 Page 14 Vail Town Council Meeting Minutes Tuesday, August 7, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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 the recognition and thank you to Robert "Bob" McKown for his multiple years of combined service on the Commission on Special Events (CSE) and on the Local Licensing Authoriry (LLA), two volunteer boards for the Town of Vail. Foley thanked Bob McKown for his time, commitment and volunteer service on both boards over the years. McKown served on the town's LLA from August of 2005 through June of 2012 and was chairman of the liquor board for the last four years. McKown also served on the CSE from January of 2008 through December of 2011 and was the vice chair of the CSE for the last two years. McKown thanked the Council for the recognition. The second item on the agenda was Citizen Participation. Merv Lapin stated he lives on West Meadow Drive adjacent to the Vail Valley Medical Center (WMC). He said he attended the work session to get a sense of what is happening regarding the hospital remodel. He is concerned about a potential situation that could occur between the neighborhood and WMC, regarding the hospital campus and medical office building (MOB). He said the delivery, traffic and helipad are the three main areas of concem. He believes the helipad placement will be the most fractious. Where the helipad will be located may be unsolvable. The hospital will want it as close to the emergency room as possible and the neighbors will want it as far from their residential area as possible. One suggested compromise would be to have the helipad on top of the new medical office building which will be built where the helipad is currently. He said he has sent finro emails to Council regarding these issues. He suggested that the neighbors, the town and the WMC staff sit down to solve all the issues. If the MOB is built and the town offices get built, they may be removing from the discussions a good compromise of where the helipad could be placed. One of the other problems was that this past year, the town authorized the helicopters to come and go every day, finrice a day, this past winter. This created Town Council Meeting Minutes of August 7, 2012 Page 1 an atmosphere of concem where the neighbors didn't know what was going on. There was no planning or notification process. He researched this issue and said there were only 30 times when the helicopter was required for flight care over the winter. Of those 30 times, only two to three times were times of sensitive life saving issues. IYs important before moving forward to decide where the helipad should go. Other issues will then fall into place. Art Abplanalp, an attorney representing six families and other interested parties that live adjacent to the Vail Golf Course 18�' hole, said his role was to facilitate a resolution. He said there was a meeting on July 24�' with town staff and the neighborhood property owners. He said the meeting and effort was appreciated by the neighbors. He said at the meeting, staff heard the detennination of the adjacent property owners regarding their opposition to changing or restructuring the 18�' hole. They also heard consensus about the traffic concerns and opposition of additional uses at the clubhouse for a multi-use community center. The owners want to keep the clubhouse within its current footprint and keep the 18`� hole where it is currently. He stated the town is going to lose money on this project. The total estimated cost of the project is $7.4 million without the consideration of contingencies or safety measures. The most recent budget shows the town intended to drain the repair budget for 2013 and 2014 to generate $1.675 million to cover the shortfall. He said as far as the perceived safety hazard, in the past 5 years, there was one incident of a person being hit on the 18�' hole. There were three other incidents that occurred at the 6th and 13�' hole, not the 18�' hole. The town should not use additional funds for changing the safety measures. Dale Nelson introduced himself as a candidate for Eagle County Commissioner in November's election. He recognizes that Vail is the economic driver for the county. When he is elected, he wants to work with the town to develop additional ways to collaborate befinreen the town and the county. Jonathan Levine, owner of Hummer's of Vail, said he wants to clarify some confusion that occurred at the last meeting. He said he had a video of the last meeting where Daly told Daril Cinquanta to set a meeting agenda item to discuss Levine's issue in further detail. He wants to know why Cinquanta was told he couldn't get on the agenda as a separate item. Daly said it takes four or more Council members to get it on as an agenda item. Levine said he wants the Council to discuss issues he had with Chief Henninger. Zemler said he is responsible for town staff and it would be not be appropriate for Council to address employee issues. Zemler told Levine he would give him one half hour to address staff issues and to contact him to set up an appointment to discuss. Daly also stated Council does not handle personnel matters. Levine said he woutd contact Zemler to make an appointment to discuss at a later date. The third item on the agenda was the Consent Agenda. On the consent agenda was 1) The July 3 and 17, 2012 meeting minutes. This item was postponed to the August 21 meeting as the meeting minutes did not get attached to the agenda prior to the meeting; and 2) Bighorn Creek Utility Crossing Bid Award; Chad Salli said the new box culvert is designed to meet all the standards; Town Council Meeting Minutes of August 7, 2012 Page 2 3) A request to proceed through the process with a lease for Sweet Basil/Mountain Standard. Donovan said she had a hard time understanding the exterior plan for this expansion outside. Ruther said the area to be expanded for an outdoor dining deck started from the east where Blu's deck is today, to include the area directly west of the deck where Gore Creek Fly Fisherman's space used to be. It would not extend out into the path but would run lengthwise in front of the old Gore Creek Fly Fisherman space which will now be part of Sweet Basil/Mountain Standard's space. Donovan said she was told the drainage in that area goes directly into the creek. Ruther said the down spouts of the roof from that building go into the creek so there is positive drainage away from the building to the grass area. The drainage from the businesses does not go into the creek. 4) Approval of Resolution No. 26, Series of 2012, an Eagle River Water and Sanitation District (ERWSD) Intergovernmental Agreement (IGA). Moffet made a motion to approve items finro, three and four of the consent agenda and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was the Town Manager Report. There were two items under the town manager report: a Fire Department wild land fire restriction update and an Eagle River Water 8 Sanitation District water supply and drought update. Fire Chief Mark Miller gave an update on the wild land fire restrictions. He said all fire restrictions have been lifted in Vail and the White River National Forest at this time. The Vail Fire Department has sent finro crews to Moffat County to fires in that area. In addition, people have asked them what Vail has learned about the other fires in Colorado. He said the Waldo fire near Colorado Springs has not completed their reports as yet. However, the most significant issues were notifications to people and timely evacuations in the area. He said there were system overloads and there was no testing of the system prior to the fires. One of the things that came out is that folks need and desire lots of information of what is happening and wanted to be updated often on what was going on. The °wait and see" attitude of many people was an issue with last minute evacuations and lots of mass chaos. He said nature has the power and there is very little to do as far as preparedness goes. He said horizontal vortices were an issue that is out of anyone's control. The Vail and Eagle County fire departments have done a good job in getting the word out. They had more people sign up for the Eagle County (EC) alert system right after the Eby Creek fire. They also had a 30% call back failure on the reverse 911 system due to people not being home or not picking up. They have done a lot to get the word out via radio, newspaper, emails, meetings, etc. The partnerships that have developed throughout this season has been great as they have many partnerships now because of this season: Vail Resorts Inc. (VRI); other Eagle County task forces; the Forest Service; the National Guard; the wild land mitigation crews; other fire districts; and the Eagle River Water and Sanitation District (ERWSD). This process will be ongoing and he will come to a Council work session to discuss a siren system with a voice activation system proposal. They will also be doing EC alert signups at the town's August 14 community picnic. Town Council Meeting Minutes of August 7, 2012 Page 3 Daly asked what they are doing about defensible spaces in town and befinreen other areas west of Vail. Miller said there are other things the town should be doing. They have downloaded a Google map of the area to find vulnerable areas in town. The most vulnerable area identified was West Vail and the InteRnountain areas. It was determined that some of the land is owned by the Forest Service, as well as the communication tower on Vail mountain is vulnerable. These areas are being worked on but it will take time to coordinate. Daly said it behooves the town to work with the Forest Service to move it higher on their priority list. He asked if the local Forest Service district ranger could come and talk to the Council about the areas of vulnerability and where they consider their priorities are at this time. Miller said he has talked to the Forest Service and they agree that there are vulnerable areas near Vail. Miller said he is also meeting with Jeff Babb at VRI to discuss what they are planning. Zemler will contact them to find out what is happening on Vail Mountain. Jim Lamont, representing the Vail Homeowners Association, thanked them for the presentation. He said his homeowner's have a heightened sense of urgency on fires in Colorado. He asked if the town could look at producing a white paper for this issue. The homeowners want to know specifics and details of what happens if there is a fire in this area as well as media reports. They are concerned about scenarios like smoke filling the valley and having people evacuate sooner instead of staying in their homes. They want to know how the chain of command works and moves from local to the federal level. It has been brought home that this is not an "if , but "when," situation of a fire happening in Vail. He said removing the pine beetle threat and having details of evacuation planning will help alleviate people's concem. Miller said he'd be happy to do a white paper to educate and prepare folks on wild land fire danger. He would also get the Forest Service and other folks together and have a meeting. He said he was disappointed on the Ready Set Go meetings, as they had 250 folks show up and not the 5,000 people they expected to attend. He said they can't do a white paper covering all the scenarios. Daly said people want to know about the worst case scenario and what happens if it occurs in Vail. He thanked Miller for getting the National Guard on board. Diane Johnson, with Eagle River Water and Sanitation District (ERWSD) said the public education going on around the fire updates and drought updates has been great. She said continuing to hold public interest will be hard since we have had rain. Nature has the power. She said Gore Creek got through July okay thanks to the rain. July was wet and around 3 inches of rain fell instead of the usual finro inches, but there was such a deficit to begin with, that it just helped but there was no gain. The little snow pack coming in has made the Gore Creek struggle. The impact of last night's rain helped as there was 21 cfs on Sunday and 19 cfs on Monday, as of Tuesday it was 33 cfs in the creek. However no rain is predicted through the weekend. We all need to get through September to figure out where we stand. She said they are projecting that after Labor Day, residents and guests will slow down their use of water. They are monitoring the air and water temperature on a daily basis. Every rain event helps but they are still speaking with folks that are using more water then they ought to be. She said the drought watch is still on the front page of the Vail Daily. She said Eagle County is considered to be in a severe stage on the drought monitor. Town Council Meeting Minutes of August 7, 2012 Page 4 The fifth item on the agenda was second reading of Ordinance No.9, Series 2012, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Heavy Equipment Fund. Kathleen Halloran, Budget Manager, stated across all funds the supplemental is increased by budgeted expenditures of $1.5 million and the revenues will also increase by $1.5 million. There were changes made from the first reading. Rogers asked about facilities capital maintenance of $30,000 for Community Development. If the building is being torn down, why is this cost in the supplemental. Halloran said this line item was not taken out from the original costs and she will remove it. Further discussion ensued. The Council also requested reducing the supplemental by $10,000 for the removal of the Information Center. Foley said the fire department should use this as a training exercise and tear it down. Moffet made a motion to approve second reading of Ordinance No. 9, Series of 2012, with reduction of $40,000 and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was second reading of Ordinance No. 2, Series of 2012; the Vail Village Townhouse (WT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VI1, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (WT) District, and setting forth details in regard thereto. Bill Gibson, Planner, stated the applicant requested the Council approve Ordinance No. 2, Series of 2012, on second reading. The applicant also requested the Council approve Resolution No. 7, Series of 2012. He said the Planning and Environmental Commission (PEC) had originally approved a 1.35 gross residential floor area (GRFA) ratio. Council had previously approved 1.25 GRFA in the first reading. Rogers made a motion to approve as read and the motion was seconded by Donovan. Further discussion ensued. Tjossem stated she would be voting against this motion as 40% of the property owners will Iose property rights as the ordinance currently reads. She suggested they lower the maximum roof line from 43 feet down to 38 feet and give up calculating the GRFA for this one zone district. She said calculating GRFA uses tremendous staff time. In this one zone district, removing the GRFA will still allow what the purpose of creating this zone district is about. If you read through all the design guidelines proposed by staff, they are so specific. GRFA is something you can do away with and not feel the town is losing control. She has talked to a lot of the owners and they felt this suggestion is something they could agree with and buy into. Rogers said the last memorandum didn't show any deficit or loss of development rights to the owners. She asked Ruther via an email what the impacts would be for the town. She said Ruther was forthright in saying to eliminate GRFA in one zone district is not appropriate. She said this discussion has been ongoing for two years. The difference in the PEC Town Council Meeting Minutes of August 7, 2012 Page 5 recommendation and Council's recommendation on first reading was that Council approved first reading with the GRFA at 1.25 and the PEC recommendation was for approving the GRFA at 1.35. She said the 1.25 GRFA keeps a balance. Moffet said he liked Tjossem's suggestion. He was not in support of 1.25 GRFA on second reading. He doesn't think this changes the balance. Donovan said after reading Ruther's response, she trusts his expert opinion as he knows this process better than she does. She supports the motion and said this will keep the neighborhood interacting appropriately with the surroundings. Foley wants to hold off his responses until he hears citizen comments. Kurz congratulated the rest of Council that has been listening to this item for over finro years. He stated he agreed with Tjossem's comments. He said the cuRent ordinance was like trying to put a 1960's hat on 2010 issues. They need to come to grips that things are changing and things need to change. These changes will have a positive effect for the community. He doesn't feel doing away with GRFA or being 1.35 will be a hard thing. He said he only approved first reading to get it to second reading. He feels it needs to be 1.35 if they don't do away with GRFA altogether. Daly said he supported the 1.25 on first reading as it would preserve the character of the neighborhood. He said walking the project with staff he believes the best altemative is what Tjossem is suggesting of keeping the height to 38 feet. He could support the change. If they preserve the lower roof line, some language balancing the landscape in the front and back is needed and rtot limit it to 30%. Keeping the height to 38 feet would meet the criteria, keep the character of the neighborhood and streamline the process. He said GRFA could be used for inclusionary zoning and for parking requirements but not for bulk and mass. He is in favor of moving forward with the project. Donovan asked what going forward meant. Tjossem wanted to hear recommendations. Rogers wanted to see the impact of the changes and how this would effect the development. Dick Parke� said he is a resident of the first townhouse east of Gorsuch and has been there since 1975. He stated he would be impacted if they approved the 1.25 GRFA. He said they were one of the first condominium associations in the state and in Vail. He said seven town house associations would be affected with the proposed 1.25 GRFA and four would be non- conforming. He said this process was supposed to eliminate nonconforming properties. Every time there was a change in the residences, they had to get a variance. At 1.25 GRFA, he can't redevelop. At 1.35 GRFA, it is on the edge of whethe� he can develop; but if they approve 1.50 GRFA they can develop. The townhome association has strict design criteria and so does the town. If the whole process is aimed at streamlining the process, creating incentives and preserving existing residential character, it needs to be 1.5 GRFA. He said he has been a part of the Vail community for a long time. He tries not to be a problem but this ordinance as proposed is unreasonable. He supported eliminating GRFA and reducing the roofline to 38 feet as it would still preserve the character of the neighborhood and prevent battles from the past and allow everyone to move forward. John Dunn, representing the Bridgewater's, owners of Rowhouse Unit 11, stated he is at a loss at to what he has heard. He said he has heard an email has been exchanged between Ruther and the Council that makes a significant change to the ordinance adopted on first reading. He thinks this may be a violation of the open meetings law. Hearing staff doesn't support what was contained in an email is a major error and the Council supporting staff on a complex matter is not acceptable. Town Council Meeting Minutes of August 7, 2012 Page 6 Ruther said the question and discussion were about GRFA and amendments. His response to eliminating or significantly changing the GRFA policy in eliminating GRFA and amendments to changing GRFA policy in one zone district only and not others is a concem. He said staff needs to address equity issues in this process and apply it throughout the town. He agrees with Rogers and wants to know unintended consequences. If the Council wants to seriously consider amending the ordinance and taking it in a different direction, he asked that the Council affo�d staff and others additional time to investigate what the practical implications will be and identify any unintended consequences. If they find this is beneficial, he would like to streamline the development review process for the entire town and not just for this development. He said Bill Gibson has done a fantastic job on bringing this project through the process. If the Council wants to move forward in a different direction, he would like to have time for Bill Gibson to examine the issues and bring back a more thoughtful response and an idea of how to implement it. Foley state he was against this ordinance on first reading but now will support this ordinance on second reading. A vote was taken and the motion was supported by Donovan, Rogers and Foley. Tjossem, Kurz, Moffet and Daly were opposed. The motion failed. Moffet stated in deference of Ruther and staff concerns, he would like to have staff examine the roofline reduction from 43 to 38 feet limit and no GRFA for this zone district only. Foley agreed. Ruther said they could come back at a future work session with several options and pros and cons of each. Tjossem said she is concerned this would be another delay tactic if it went to a work session. She doesn't want to do delay it. Staff has to understand there are compromises and trade offs. She said the property owners have been put off for two years. Ruther said doing this process wrong could create significant consequences and create additional nonconforming issues. He wants to do this right. He said this has been a well thought out process. Daly said there is no reason not to have a work session and then have an evening session on this item. Donovan asked what the notification process will be. Ruther said they will notice all property owners that will be affected by the change in language as well as place a notification in the newspaper and on the town's website. Daly reiterated that this item will be on the work session and evening session for the August 21 meeting. Moffet made a motion to continue second reading of Ordinance No. 2, Series of 2012; the Vail Village Townhouse (V�/T) District to the August 21 st meeting and the motion was seconded by Kurz. Moffet amended the motion to include a work session and an evening meeting on August 21 and the motion was seconded by Kurz. Daly said Council will allow the public to have input at the work session and the evening session on August 21 gt. Ruther said there are models that show the different height and bulk and will bring them back to Council on the 21 st. Council asked staff to review changing the height from 43 feet to 38 feet maximum with no GRFA in bulk and mass but continue to use GRFA as part of the inclusionary zoning and parking requirements. A vote was taken and passed unanimously 7-0. Town Council Meeting Minutes of August 7, 2012 Page 7 Moffet made a motion to continue Resolution No. 7, 2012, to the August 21, 2012 meeting, and Tjossem seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was Resolution No. 25, Series of 2012, A Resolution Calling a Special Election for November 6, 2012, to be Coordinated with Eagle County, and Submitting Ballot Questions to the Registered Electors of the Town at the November 6, 2012 Special Election. Matt Mire, Town Attorney, stated the Council determined that several changes to the Vail Town Charter were warranted. All amendments to the Vail Town Charter must be approved by the registered electors of the Town at a regular or special election. Mire stated this resolution would clean up the Vail Town Charter on several issues. The list of items discussed were; 1) change the masculine gender references to gender neutral, all Council members were in favor of adding this to the ballot; 2) the town's regular election date should be consistent with county, state and federal elections to allow for coordinated elections in odd numbered years. All Council members were in favor of changing the wording to have "following first Monda�i' deleted. 3) Delete the requirement for an Election Commission to be appointed. This is outdated and the state language covers this requirement. All Council members were in favor of adding this to the ballot. 4) The section stating all ordinances need to be approved at regular meetings be deleted or clarified that they can be approved at special meetings as well as at regular meetings. Daly was opposed. 5) State law regarding initiative and referendum requirements be repealed and the town could follow state law. Moffet wants to understand what we are repealing and what would replace it. Mire will bring back this item with further details. 6) Change the wording of the Planning Commission and Environmental Commission to reflect that these are one board and have been for years. This would change from Planning Commission and Environmental Commission to the Planning and Environmental Commission. All Council members were in favor to add this to the ballot. 7) To change the charter to reflect that there would no longer be a requirement to have a super majority to approve the annual budget if a 50/50 split is not done. Mire said this section of charter doesn't call out or dictate a spec�c split. Judy Camp, Finance Director, said this ballot question would just remove the language from the charter and have the budget approved by ordinance. The Council still has the right to have a super majority and have a say on the 50/50 split. She said it was very unusual to have this language in the charter of a municipality. Mire stated if the Council wants to keep the language in, clarify it so it's in the charter correctly and clean up the language and be clear on what it should say. Daly said he wanted to eliminate this ballot question. Tjossem said she is confused about what is being eliminated. Tjossem said to keep this in the charter will never be a 50/50 split as it isn't realistic. Kurz said to take question off. Rogers said the charter doesn't say what the Council thinks it says. She said either add specific language on the percentages of the split into the charter. Then add specific language to the charter or take it out of the charter and do it by ordinance. She said keeping something that is ambiguous doesn'Y make sense. Moffet agrees with Rogers. He said to leave the question on the ballot. Donovan said she agrees with Rogers and Moffet. She said to keep it on the ballot and take it out of the charter and then have an ordinance to require a super majority. This is a chance to clean this up and there won't be another convenient chance to take it to the voters. Daly said it would be too easy to change by ordinance. Daly said the Council needs to have some fiscal responsibility. Further discussion ensued. Town Council Meeting Minutes of August 7, 2012 Page 8 Tjossem said this item is to change the charter. Daly asked how many Council members are in favor of keeping it in the charter. Daly, Tjossem, Foley and Donovan were in favor. However Donovan said they need to be more specific and clear up the language in the charter to make it work. Donovan made a motion to table Resolution No. 25 to the August 215t meeting and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was adjournment. As there was no further business, Foley made a motion to adjoum and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:10 p.m. Respec ly Submitted, Attest: Andrew P. Daly, yor i or ei Donaldson, Town Clerk ,�OWN ....�� L _; ; . . . . EAL ; . . . . . . . . ���••......••�' �RAD� Town Council Meeting Minutes of August 7, 2012 Page 9 Vail Town Council Meeting Minutes Tuesday, August 21, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Members Absent: Ludwig Kurz 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. Kaye Ferry, Chairman of the Eagle County Republicans, introduced Republican candidates Scott Turner, running for District Attorney (DA) for the 5�' Judicial District, Courtney Holm running for Eagle County Commissioner District 2; and Chuck McConnell, running for Colorado Representative for House District 26. Scott Turner said he has worked in the 5th Judicial District for many years and is running for DA as Mark Hulbert is term limited. He said he has nine years of experience in several D.A.'s offices and has experience and leadership to do the job. He is also on several statewide boards that contribute to his experience that would allow him to be a leader in the D.A.'s office. He thanked the Council for their time. Courtney Holm said she is replacing Shayne Mitchell on the ballot as the Republican candidate for the Eagle County Commissioner for District 2 in November. She is excited and ready to do the job to the best of her ability. Chuck McConnell said he is running for Representative for House District 26 which includes Eagle and Routt counties. He lives in Steamboat Springs and stated he could make a great contribution to District 26. He said small businesses are the heartbeat of the economy and he wants to simplify regulations and nurture small businesses to grow. He said common sense needs to be brought into government. He thanked the Council for the opportunity to speak to them and the community. Dick Cleveland stated he is on the Eagle County Trails Committee. He said the Vail Pass Recreation Path needed to be repaired and the Colorado Department of Transportation (CDOT) Town of Vail August 21, 2012 Minutes Page 1 has been given $1.3 million to do the repairs. Beginning September 4'h, the entire path will be overlayed from the gate in East Vail on Highway 6 up to the Black Lakes. There will be closures on the path from September 10�h to September 27�', Monday through Thursday of each week. The path will remain open on Friday, Saturday and Sunday of each week during the construction process. There will be notices in the Vail Daily and Summit Daily newspapers each day with the construction schedule. The upgrade includes signage from East Vail to the Black Lakes. He asked if could work with the town's communications manager, Suzanne Silverthorn, to help keep folks informed on this project. Rogers asked if they are going to add a wall in a section of the road where water runs off from I- 70 onto the path. Cleveland said there will be some culvert work but there is nothing scheduled. There is no money for this but they are reviewing options. CDOT found money to do this work this year. There may some work on the Summit County side of the pass next year if funding is available. Stephen Connolly said there was a comment missing from Daly Bugby on the July 3 meeting minutes. He said Bugby stated in his study of the Vail Recreation District (VRD) safety records, Bugby read there were three instances where people were struck by golf balls and only one of those was on the 18th hole. Georgene Burton handed out the book, "The Unthinkable", by Amanda Ripley to the Council for their reading on who survives when disasters strike and why. She wants everyone to think about what could happen if a wild fire broke out in the Eagle County/Vail area. She asked if anyone had ever seen a crying baby at a fire site. The answer was no. They get them out as soon as possible. She said the bottom line if there is a fire here is to follow the crying babies out of town and leave when they leave, don't wait. Everyone needs to leam the physical reactions and automatic motions that people have when they react to fires. She said this book helps teach the general population about being better prepared to take care of themselves. She said she would like to teach people how to better react and prepare in case a fire breaks out in Eagle County. She asked a fire fighter what people should do if a fire breaks out and he said to get out of the area as soon as possible. The second item on the agenda was the Consent Agenda. On the consent agenda was the approval of the July 3 and 17, 2012 meeting minutes and the approval of a bridge railing rehabilitation award to the low bidder, Mueller Construction Services, Inc., to complete the project on the Meadow Drive Bridge over Gore Creek in East Vail in the amount of $64,664.00. The project is budgeted and scheduled to be completed by November 15, 2012. Foley, Donovan and Daly gave the town clerk minor language corrections and spelling of names to change for the minutes of July 3 and July 17. Foley made a motion to approve the meeting minutes of July 3 and July 17, 2012 with amended changes. The motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. Moffet made a motion to approve the award for the Meadow Drive Bridge railing rehabilitation to Mueller Construction Services, Inc. in the amount of $64,664.00 and the motion was seconded by Donovan. A vote was taken and it was passed unanimously, 6-0. The third item on the agenda was the Town Manager Report. There was nothing to report at this meeting. Town of Vail August 21, 2012 Minutes Page 2 The fourth item on the agenda was the Vail Golf and Nordic Clubhouse Project Update. Greg Hall said this was an update on the golf course clubhouse project and the purpose of the previous meetings was to collect all the concerns and comments out there from the public and staff made a comprehensive list of the issues. The staff will be coming back to the next two September Council meetings with this item and taking the questions and concerns and addressing each one. The memorandum has a list of the concerns. They will be sharing the answers with the Council and the community. He said a neighborhood meeting was held on July 24 out at the golf clubhouse and staff received more feedback from the neighborhood. During this process, staff will continue to add to the list of concerned topics and items. All the people who asked to be informed were sent out emails of notices of the meeting. Tjossem asked if any new drawings were done based on feedback. Hall said they are in the conceptual drawing stage and they are still drafting diagrams. Some of the concerns for the parking lot have not been added to the drawings as yet. The drawings will be available at the September meetings. They may have some meetings with individuals befinreen now and September 4 and 18. They don't have drawings of the elevations, orientation, activity, lighting, are all items that need to be addressed. He said the September 4�' meeting will be about operational hours, what is allowed and not allowed and zoning process issues. Stephen Connolly stated the flow of information is going well. He thanked everyone for their help. He said an event facility for up to 200 people is too large. He asked how the town came up with the 200-person figure for the facility space. Zemler stated staff is working on comprehensive answers so they are consistent when they supply them. This question will be one of them. Connolly said if this number is scaled back it will reduce light, noise and other impacts to the neighborhood and reduce the patio area and reduce the danger zone and netting height. Zemler said he is referring to Donovan statistics. He said this room will host more than just weddings. Connolly said he wanted hard numbers before they move forward any further. Art Apblanalp, an attorney representing Glen Hilliard, one of the property owners adjacent to the 18�' hole, stated he is also representing many other adjacent property owners west of Sunburst Drive. He said the town has received additional input the message from the input has not been understood. He stated the town intends to convert the clubhouse into an event center designed to accommodate more people than Donovan Pavilion. He said the town's plan is unacceptable to the community. He said changing the 18�' hole and the conversion of the clubhouse violates the Pulis covenants. He read a list of issues changing the 18�' hole, adding an event center, safety issues, and other items in a list into the record. He said depleting funding and resources are a concern. He said the neighbors want a world class golf clubhouse not a hybrid clubhouse/event center. He said if the clubhouse was expanded as is, the neighbors would have no alternative but to take action against this project. What is needed is a world class club house. Tjossem said she wanted to correct some misinformation given by Abplanalp. She read the response from Laurie Asmussen on the numbers from Donovan Pavilion. Abplanalp said this multiuse facility was going to dwarf the Donovan Pavilion. Greg Hall said the space at the golf course clubhouse is approximately 2,700 square feet or less than half the size of the Donovan Pavilion. Daly asked if Abplanalp had reviewed the memo from August 21 St memorandum. He asked Abplanalp to review the list to make sure it is a comprehensive list. Daly said he hasn't Town of Vail August 21, 2012 Minutes Page 3 seen an addition for lighting concerns in evening in the list. Abplanalp said there are three pages of issues and that they cannot be resolved within the current proposal as submitted. He said the Council said the multi use facility was going to be built within the current footprint of the golf course club house. Daly said the Council did not state that it would be in the current footprint. Moffet asked for clarity from Abplanalp about who he was representing, the neighborhood or the community at large, as he kept saying the community doesn't want the clubhouse to have an event center in it. Abplanalp was offended by this interruption and comment by Moffet. Daly said the Council is trying to address neighborhood concerns and the threat from him and the neighborhood owners has been clearly heard. Dale Bugby said he believes there have been changes to this project since the last time he spoke. He said changing the 18�' hole was still on the table. They should leave it alone and raise the netting. He said the neighborhood was heard at a meeting on July 24�', but no one has asked the golfers what their concerns are with this project. He said the town chose to meet with the neighborhood but didn't meet with the golfers and he is offended by that. He said feedback is needed from the golfers as they are not happy with how this project is going. He suggested the town include restaurant owners as well. He thinks they need to add input as to how to make a viable restaurant work there. He said the solution is to save the 18�' hold and do what the town wants with the clubhouse. Tjossem said she attended finro meetings that had many golfers in attendance. The Vail Recreation District (VRD) had meeting with golfers at one of their regular monthly meetings and Jeff Wiles met with a large group of golfers a day or finro after that meeting. She said they heard from many golfers who gave the VRD positive feed back. Tjossem said she wanted to make sure people are hearing other sides of this issue. Mike Ortiz, Director of the VRD, stated the meetings with the golfers were held this past summer. Malia Norbrega said she is the property manager for the Vail Golf Course Townhomes Phases 2, 3 and 4, which are adjacent to the golf course and includes about 61 property owners. She said universally, no one is happy about changing the 18�' hole nor were they happy about an events center being added to the clubhouse. She said 15 homeowners responded to a questionnaire she sent out. Six of them were strongly opposed to moving the 18�' hole and nine of them questioned why the 18�' hole should move. All of them were opposed to any event center. It would be overwhelming to the neighborhood and all of them are worried about it. They want a neighborhood agreement if an event center is added. She went to a neighborhood meeting but they didn't say how this project should look. She hopes there will be more than one meeting with the neighbors. They want some say on what happens there and not be forced to fight with the golf course when issues come up, when there is no parking on the street and have noise issues. They want the renovation but don't want an events center or other large venue at the club house. Rogers asked if she had emails for all these property owners. Norbrega said she does. Rogers asked for those emails so staff could get timely information out to them. Norbrega said they are getting their information from her and she is compiling information as she gets it and putting it on a website she has created. Daly said an operating agreement is being formulated by the VRD and will be coming forward and will be transparent to the community and there will be plenty of opportunity for input. Town of Vail August 21, 2012 Minutes Page 4 Norbrega said if the town and VRD have to rezone this area they want to make sure everything in the current zoning is abided by except for height which may have to be changed. Tjossem asked for the emails from her property owners to give to Greg Hall for the town's records. Norbrega said several owners have looked at the temporary structures and they like them, which is something positive. Bill Pierce, owner in Fall Ridge said he is supportive of this project. He is speaking as a citizen and a person not old enough to golf yet. He said change is inevitable. If we don't adapt, change, improve and modify, we will fall behind as a world class resort. This improvement is necessary and we need to look at ways to improve this and not looking at Donovan Pavilion as far as size, meetings and type of building. Joe Bachelor said his family has owned a Vail Golf Course Townhome for 25 years. He is concerned about the expanded parking. If they are talking about a facility that would accommodate an additional 200 people this is a concern. He said traffic planners figure 2.5 people per car for any event. A space for 200 would need an additional 75 parking spaces outside of golf activities. There are currently about 100 parking spaces and an additional 20 more spaces would be needed. If you look at case studies, they show you will have to limit parking as traffic congestion will occur. He said using the term "event center" is a poor term to use. He said people should use "community center" as it is more like what that space would be. He said if the town and VRD want to get the neighborhood on their side, give them additional neighborhood amenities. Maybe a small grocery store or a wine and cheese shop may help sell this project. Jim Lamont, representing the Vail Homeowners Association, said it may be helpful to give a summary at the end of this discussion so that the public has a sense of where we have been and where we are going with this project as not everyone understands where we are in the process and what subjects are not on the table and will not be revisited. Daly said they will address this at the conclusion of all input. Norbrega asked if this was an event center, a banquet room or a community room. Daly said this is an expansion of the current restaurant space by 18 feet. Zemler said the staff has asked the architects to address the long list that was submitted that need to be addressed and resolved. The architects, through the town's process will have to address these and adhere to the regulations of the town. Many of the things in the PEC process are going to have to answer many of these questions. They have asked the architects if there are alternatives. The town is not stuck today and they are looking at addressing many concerns. The golf course hole has received Council and PEC direction and will not be addressed anymore. The conceptual review of temporary structures will be coming up. Hall said this will go to PEC in September for the temporary facilities that VRD will operate out of while the clubhouse is under construction and being renovated. The site planning and other constructs will be brought back to Council in the next two meetings. Hall said a submittal to PEC is tentatively scheduled for late September or early October to the PEC after consulting with the neighborhood. Zemler said they will be consulting the community and will try to incorporate as much as possible knowing the town will not be able to make everyone happy or satisfy everyone. He Town of Vail August 21, 2012 Minutes Page 5 said the VRD operational plan will be reviewed in the next few weeks as well which may answer a lot of the questions and issues that have been raised. Daly reiterated that Council would like Art Abplanalp, as the property owner's attorney, review the list and add any discussion points or additional items that may be missing and submit that list to the staff to be reviewed and addressed. The fifth item on the agenda was an update on the Vail Valley Medical Center (WMC) Master Planning Process. Doris Kirchner, Chief Executive Officer of the WMC, thanked the Council for the opportunity to provide an update. This is the beginning of many more updates to come. They retained a consultant and three months ago they interviewed key stakeholders such as the doctors, staff and ancillary staff and lease holders within the hospital to begin to find a facility planning firm. A Request for Proposal (RFP) process has begun and the documents will be mailed out in the next ten days and a firm decision will be made by mid-October on which consulting firm will be retained. There are four areas that will be focused on: 1) emergency services and the location of emergency senrices; 2) site and community considerations such as traffic and parking studies, minimizing intrusions in the neighborhoods, locating loading docks; 3) infrastructure and work flow adjacencies, identifying services that can be done off site; and 4) space planning for private rooms, redevelopment of surgical services and expanded critical care services plus others. She said the loading and delivery services could be off site. Space planning will be about a nine to finrelve month process. Then there is a 90-100 day architectural planning phase bringing them into January or February of 2014. Key points are that the WMC is staying in Vail, they will address ambulance services, traffic and emergency services, loading and delivery, minimizing intrusions into the neighborhood, have a traffic study done, etc. They are identifying services that can be done elsewhere. They have moved approximately 40-60 trips away from Meadow Drive as they have sent these services down to the Edwards facility. The WMC will remain a Level 3 trauma center which will require a helipad on site. She said there are approximately six times a month that there is a need to use a helicopter. They don't expect that number to increase. The hospital knows they need to do a better job to address issues the neighborhood has with the WMC. The WMC contributes significantly to the preservation care of the community healthcare. Their goal is to implement the best facility plan that will serve the healthcare needs now and in the near and distant future. They are committed to a thorough study process of each and all the elements to reach their goal. They will keep the Council and the community informed through various meetings, BLOG's and such as they navigate the process. Donovan asked to clear up the number of flights out of Vail was six flights per month and not six fights per day, that have a patient in the helicopter. Kirchner said its six flights per month. Donovan said rumors we�e circulating in town that the hospital has approached the helicopter company to have Vail be their home base and increase flights because this would be where they would park the helicopter everyday. Kirchner said she is dispelling the rumor as they are not considering the WMC to be a base for helicopter services as they would have to provide fuel services. She stated this rumor may have been due to last year's Tri State Air FlighYs service of the helicopter coming in and out of Vail twice a day. That is no longer happening. She said the hospital will only be providing critical care services for transport out of the area for higher service levels in other areas. She said Town of Vail August 21, 2012 Minutes Page 6 there would only be inbound flights picking up patients to take them out of Vail. They won't be bringing critical care patients to Vail. They are a Level 3 trauma center and not a Level 1 trauma center. Rogers asked about the differences were befinreen a Level 1 trauma services versus Level 3 trauma services. Kirchner said Level 1 services consist of 24 hour/7 days a week (24/7) care and the anesthesiologists and trauma surgeons have to be on site 100% of the time and 100% of the time blood transfusions etc. have to be available on site. Level 3 trauma is when the hospital has the capability of providing 24/7 care only to the point of having board certified trauma surgeons on staff and anesthesiologists available in sleep rooms or within 20-30 minutes of the hospital. Also, blood transfusions capabilities are available but not for large events. Daly asked about when the community outreach process starts, how it will look like and when input will be available to the community. Kirchner said they are adding a BLOG on their website that will be in place within the next 30 days; information will be in the newspaper, through intermittent Town Council updates as necessary and they will be hosting community open houses when information needs to be communicated to the community. Once the consulting firm is in place the meetings will be ongoing and the information will be disseminated about once a month or every other month. Daly asked when input from the community and neighborhood begins. Kirchner said at the same time, so they will get timely feedback. Tjossem asked if the hospital process will be lagging behind the behind the medical office building construction about two years. She wanted to know about the options of where the helipad will and can be placed. She said the FAA regulations discourage flight plans of the helicopters in neighborhood. Is this accurate? She said this topic should be scheduled to be resolved earlier in the process so they don't limit their choices down the line. Kirchner said the hospital staff is looking at the helipad issue. There area helipads at Trauma 1 hospitals in Denver that are in neighborhoods. She said there are no statutory regulations on where helicopters can be placed. However, safety is of the upmost importance. Laine Lapin, a neighbor on West Meadow Drive, thanked the Council for the lost speed limit sign on West Meadow Drive that has been replaced. She sent an email of August 19th was on vehicular safety on West Meadow Drive. She said as far as the WMC expansion, she asked the town to provide the process with a record of a formal traffic study prior to this expansion. Daly said there has been no formal tra�c study done while he has been on Council. He said they acknowledge there are pedestrians, vehicular traffic, bicycles, and general recreational use on Meadow Drive. They want to have summer and winter traffic patterns in the study. There will be a traffic study done by a consultant hired by the applicant. He asked that she put her specific request in writing and give it to the WMC to have addressed. Lapin asked for any enforcement action reports from the Vail Police Department that are specific to this area for the past finro years, as the close calls befinreen pedestrians, bicyclists and motor vehicles is very high. Town of Vail August 21, 2012 Minutes Page 7 Zemler said they are talking about finro different things. The hospital is doing a master plan and they are not submitting a traffic study at this time and not submitting anything at this time for consideration. Zemler clarified that Lapin wants to find a base line of what accidents have happened on Meadow Drive to date. He asked Lapin to submit her questions to him, in writing, so the town staff can answer them to the best of their ability. Lapin doesn't think there are any enforcement folks on West Meadow Drive very much. She wants a baseline prior to the WMC expansion begins. She wanted a clarification of what emergent traffic means and where people will access emergency services. Daly stated this will be addressed in future WMC presentations. She will see this information when Council sees it. Kirchner said the hospital has had a request to remove ambulance traffic off of West Meadow Drive. She said they would love to remove all traffic off West Meadow Drive however, they are looking at this. She said emergency traffic will be addressed during this process. Lapin said the speed limit is 15 mile per hour on West Meadow Drive and a preponderance of vehicles think they have an entitlement to go faster on West Meadow Drive if they have to go to the hospital. She wants this issue addressed. Jim Lamont, representing the Vail Homeowners Association (VHA) said Council had a letter dated July 20, 2012, from the VHA stating the VHA is initiating a process to allow them to identify issues they have are important. They are also proposing a schedule for this process and want to have a dialogue with the WMC and the town on this project. They polled an extensive number of people and what they view are issues for the WMC projects. He said one of the big issues is the operation of the helicopter. He gave the staff a copy of the FAA regulations for helipads on hospitals. He said in the FAA rule making, a helipad in a neighborhood is not advised. Neighborhood safety is important, and the WMC need to be in the process of having a helipad in the community not in the West Meadow Drive neighborhood. He said the "back of house" issues are another area to focus on. He said when they do the redevelopment of the U.S. Bank Building there is an opportunity to move the entire loading and delivery function from West Meadow Drive to the South Frontage Road. He went through issues the VHA had which included traffic studies done by the hospital instead of the town. He said the Council has a responsibility to conduct this study instead of the applicant. The next concern is how West Meadow Drive operates relative to traffic flow, pedestrian use, vehicles, skateboards, bicycles, etc. He believes there is a need to build a roundabout off of the Frontage Road to the hospital. The town and the WMC have a responsibility to deal with traffic issues. The most logical place for helipad is to be as close to the hospital as possible and said the helipad should be at the new medical office building (MOB). Donovan asked for clarification on the location of the bus barn, is he suggesting that the medical office building be a temporary or permanent solution. Lamont said it would be up Council to define. Daly said he had a few questions for Lamont. He said the town has a regulatory responsibility and the town is in partnership for the development of the shared parking befinreen the town and the MOB only. Lamont said the town should be responsible to do the traffic study and figure out that maybe a roundabout is necessary. Daly clarified that the WMC process is not well under way and they are just starting the process and are at least nine months away from making any applications to the town. He said the updates will be no less than once every other month and Town of Vail August 21, 2012 Minutes Page 8 having it in writing is a good idea. It will be part of the record and Council will read it ahead of time so they can ask appropriate questions. Lamont said he feels both sides of the WMC projects on each side of the Frontage Road should be considered as one. Daly said they are two distinct projects but they will look at the traffic issues together. Zemler said CDOT will have it no other way. The town and CDOT will have a say in this manner. In the PEC and Council process, CDOT input and the town's process is very apparent. Daly said the town is asking for regular updates from the WMC and will expand help expand to include the input process and this will be as encompassing as possible. From the Council perspective this will be a very inclusionary process. Lamont said there have been other projects that were highly volatile. He said the July 20`�' document included the neighborhood concerns. The VHA is suggesting the WMC continue their dialogue with the neighbors and have a much more collegial and collaborative process. Daly said he has his own copy of the FAA regulations. He asked the rest of the Council to review these as well. In fairness, he said he should disclose his conflict of interest as a neighborhood adjacent property owner. Lamont said his wife owns the home and not him but is has fallen to him to bring to the Council the neighborhood concerns. Daly said the Council is committed to having an inclusive, comprehensive and innovative process. Yvonne Martins, a retired physician and a part time resident since 1984, said she is appreciative of opening this up to the public. She has concerns about the helipad being adjacent to tall buildings and being in a residential area. Her second concern is drawing people from the west of the County and towns to the west of Vail. She wants to know the rationale of bringing them into town when it is already congested. Margy Kell, an Alphorn condominium owner, said she has a bird's eye view of West Meadow Drive. She said something serious is going to happen soon as there are so many different types of vehicles, bicycles, strollers, pets, skateboards and pedestrians on that road. She has never seen a police officer on Meadow drive or vehicles going the 15 mph speed limit. She wants to underscore the seriousness of this issue. She sees close calls for accidents nearly every day. Jerry Worshovski, a Scorpio condominium owner, said most everything has been spoken of, from his perspective, the hospital has taken care of all the walking wounded with the facilities they have now. He sees Vail as a paradise not a business. For this community, the hospital can take care of any needs but they don't need to add additional trauma units. He is against the whole process as he doesn't think this will change anything. It won't be good for the community. It won't do anything for the residents who are here full time or part time. Daly said one question that remains is at the next work session, should they discuss whether a traffic study should be implemented more quickly, be done by the town or the hospital and the hospital should pay for it. Moffet said doing a traffic study on a 15 mph study is tricky. He said historically, the state doesn't recognize those speed limits and that you should be careful what you ask for, as the speed limit could go to 25 mph. Town of Vail August 21, 2012 Minutes Page 9 Zemler said let staff go back and look at what has been done, look at signage and day-to-day functioning. There may not be a need for a traffic study. They do have to be careful what they ask for as it may increase the speed limit as the street might accommodate a higher speed limit not a lesser speed limit. Staff will get back to Council with a report. The sixth item on the agenda was second reading of Ordinance No. 2, Series of 2012; the Vail Village Townhouse (WT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (WT) District, and setting forth details in regard thereto. Bill Gibson, Planner, handed out new copies of Ordinance No. 2 with revisions as discussed at the work session earlier in the day and Resolution No. 7, 2012. These are the most current ordinance revisions. A vicinity map was included to be perfectly clear which properties are included in this ordinance. He went through the amendments with Council. Donovan asked if there was any feedback from people notified in the past two weeks. Gibson said no response was received from anyone that notices were sent to via our public notice process, emails and mail, about a week and a half ago. Further discussion ensued. Gibson said changes to the parking and loading of one space per dwelling unit could be added versus the 1.4 that is there currently. With 1.4 this is rounded up to 2 spaces per unit. Daly and Rogers wanted to keep the status quo and keep it at 1.4 spaces per dwelling unit. Gibson said staff is okay with keeping it status quo. Moffet made a motion to approve second reading of Ordinance No. 2 with the amendments and the exception of parking and loading section to keep it GRFA based and the motion was seconded by Tjossem. Donovan said she is voting against it as supports the ordinance and resolution as read but this is a pretty big switch in direction and doesn't think they have given folks adequate time to respond. Foley said he is voting against as he doesn't think this will keep the character of the neighborhood as it is. Rogers said she did a walk through with Tjossem and Gibson. Gibson answered all the questions she had regarding keeping the character of the neighborhood. The design guidelines are so strict that the character of the neighborhood will be preserved. She will be voting in favor. Daly said kudos to Tjossem and Gibson for pursuing a solution to something that has been in process for over two years. He can support this whole heartedly. A vote was taken and the motion passed 4-2, Foley and Donovan opposed. Moffet made a motion to approve Resolution No. 7, Series of 2012, and the motion was seconded by Tjossem. A vote was taken and passed unanimously 6-0. The seventh item on the agenda was a discussion on the Main Vail Fire Station 2 bid award. Mark Miller said thanked the Council for going on the site visit to the Fire Station 2. Miller said the renovation of Fire Station 2 has been discussed and deferred for many years. Station 2 is significantly beyond its useful life in regards to basic infrastructure and systems and in need of Town of Vail August 21, 2012 Minutes Page 10 substantial repairs and maintenance. There is $1.75 million in the 2013 budget as part of the five year capital plan for renovation of Fire Station 2. Council approved $150,000 in 2012 for design and engineering, etc. Due to several significant projects including; municipal building construction, golf course clubhouse renovation, library renovation, etc., it has become apparent that moving the station renovation to 2012 would be prudent and advantageous for the town. In June, Council gave direction to move forward with final design and construction drawings and proceed with the bid process. Plans and approvals were completed and, staff solicited bids for construction, receiving six competitive bids. All of the bids exceeded the initial "preconstruction" estimates of approximately $1,400,000. Staff determined the lowest qualifying bidder was GE Johnson Construction Company. GE Johnson was asked to provide value engineering (VE) proposals for the town to consider and staff carefully reviewed areas that could lower costs without reducing quality and longevity of the structure. The bid from GE Johnson was $1,619,505. Approximately $35,000 was cut through the value engineering process in the short time frame they had to work with at this point. They are asking for the Council to direct the Town Manager to enter into a contract with GE Johnson for the renovation of Fire Station 2 for the amount of $1,584,505 based on accepted value engineering items and move the $1,750,000 budget in 2013 be moved to 2012, bringing the total project budget to $1,900,000 which is over $150,000 over the original budget amount. There is a six to seven month window of opportunity to get this project done. Donovan made a motion to direct the Town Manager to enter into a contract with GE Johnson for the renovation of Fire Station 2 for the amount of $1,584,505 with the suggested amendments and based on accepted value engineering items and move the $1,750,000 budget in 2013 be moved to 2012, bringing the total project budget to $1,900,000; and the motion was seconded by Rogers. Moffet said for the record, they walked the site and the town has squeezed every ounce of use out of the building. Rogers said moving the timing up to 2012 construction period as it falls nicely in timing with all the other projects so it makes sense to do it now. Daly asked that staff continue to work with GE Johnson to reduce the $150,000 that is over budget. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was an update on the status of Ford Park Budget Phase 1 bid results and a request to award the Ford Park Phase 1 construction contract to R.A. Nelson, Inc. Greg Hall, Public Works Director, stated through the spring of 2012, they went through the development plan for Ford Park. Looking at all the phases, in June they identified that there were budget issues with some of the items. The original budget was $6.3 million, with $3.8 million coming from conference center funds and $2.5 million with existing RETT dollars. Construction drawings were done in the summer and they received four bids and all four bids were higher than the original cost estimates. There have been more RETT dollars identified to use toward this project since the East Vail bike lanes project came in lower than anticipated and RETT funds could be used from that project. Hall said work in Phase 1 includes a west outField wall, setting up the project for moving the restrooms, working on the East Betty Ford Way path from the east parking lot down to the amphitheater, adding a major retaining wall. He said the most costly would be the utility work. He said the utility work is about a million dollars which is a significant change from the budget which was budgeted at $100,000. He said $1.3 million of the cost could be budgeted in 2013 and 2014. Phase 1 would be done in 2012, Phase 2 in 2013 Town of Vail August 21, 2012 Minutes Page 11 and Phase 3 in 2014. Hall said through value engineering, they identified small items to reduce costs; East Betty Ford Way reducing traffic and making it one way. Timing of each phase was discussed, keeping access from at least one way open at all times. Doing work in the fall is best as spring can be very wet. Rogers and Donovan asked about the artificial turf in the softball fields. Donovan said she remembered the discussions about artificial turf and thought they had made a decision not to use it. There were several discussions around artificial turf. She remembered that they said injuries were higher, couldn't hold events on it, the maintenance would be greater and artificial turf wasn't "Vail". Mike Ortiz, Director of the Vail Recreation District (VRD) said they aren't putting in an artificial turf; they are putting in artificial interior fields. He explained the difference between artificial turf and a skinned infield. Ortiz said the whole idea for redoing the fields was to have a multi- purpose field where multiple sports could be played on it. He said we can't have a skinned infield (a dirt infield) and have multiple sports. He said there is a lip from the infield to the outfield and this isn't safe for other sports. When you have artificial turf on the infield, it creates a safety area and the transition is smoother. He said after the La Crosse tournaments play on the fields, the fields are torn up. Then you ask people to play softball on torn up turf and people get hurt. This is dangerous and this is a safety issue. Moffet asked that then the idea is to have a synthetic infield and natural turf on the outfield. Ortiz said yes. Moffet asked if there were other places that had this type of field. Ortiz said there is a complex in Denver that has three fields set up that way. Moffet said he is a fan of synthetic. He asked why you wouldn't do the whole thing. Ortiz said cost is the factor for not doing the whole thing. Rogers asked why you can't do this for the whole field for natural turf. Ortiz said you can't play softball on a whole natural turf field. Further discussion ensued. Zemler said since this is not being done this year, maybe they do a field trip and get more information to Council as there is confusion about the differences. Ortiz said he has pictures, testimonials from people who use it and could do a field trip. Daly said Phase I is where they need to spend their time this evening. He asked Hall to talk about the utilities since this is a big budget breaker. Hall asked Mark Luna to talk about what is existing and what is proposed. Mark Luna with Martin/Martin, civil engineers for the project, said the cost to get a fire services to the Betty Ford Alpine Garden (BFAG) proposed building is $100,000. He said currently there is only one water line into the park at this time. The addition of another line allows for finro water lines into the park. Daly asked why the town is paying for the hydrant for the BFAG if it is directly contributable to the gardens building. Luna said this line also supplies water to other parts of the park. If the current water line goes down, all water service to all parts of the park go down. Hall said this new line would service the new restrooms as well. The line doesn't go down all the way to the BFAG building. The loop completion would be completed when they build the BFAG building. They have phased the water line to be done with the sewer line. The water and Town of Vail August 21, 2012 Minutes Page 12 sewer cost is approximately $500,000 to complete. Further discussion ensued about the sewer lines, water lines and where they need to go, deterioration of current lines, drainage, fitting three service utilities in one pathway, etc. Ortiz said when service goes down in the park for water, due to only having one line that is a real deal. This summer there was a break and they almost lost the turf. Todd Oppenheimer explained the electrical systems, which is the other large cost of utility work. He explained the current electrical services are not up to code and substandard. They will be relocating transformers; they will be adding transformers, adding 50 new lighting fixtures as well as controls to operate the lights. They would like to be able to dim them but this is not added in the costs at this time. The cost for this is about $446,000. The work will be done by Holy Cross and the town will have to pay for it. The two transformers may cost another $200,000. Hall said storm sewer work make up the rest of the cost of $135,000. This is part of the Phase 1 portion and there is also storm sewer costs in Phase 2 as well. Foley asked if we do electrical and water now, would the park have to be dug up again anytime soon. Hall said not for a while, once this work is completed it shouldn't be dug up again until the playground restroom is done. Additional work will need to be done when the Phase 2 and Phase 3 projects move forward. Also there may be some work when the BFAG project and the amphitheater projects are ready to go. The Vail Valley Foundation and the BFAG are doing fundraising for their projects so that may take some time. Daly said the proposed budget is now up from $7.5 million to $8.5 or about 25% for Phase 1. He wanted to know what guarantees will the Council have that this won't happen with Phases 2 and 3. Moffet asked what have we learned so we don't do this again. Hall said utilities were a big issue. Staff is looking at reasonable tie-ins with utilities and with estimates and having a Phase 1 contractor, the plans are further along. There are cost savings by doing all this work now. He said his concern is that in 2013 and 2014, if construction picks up, the cost may go up. He said civil work is still competitive. Moffet asked if there are any additional surprises. Hall said the existing concrete block on field side is not in the estimate and is not in great shape and may be a significant cost. Moffet said to build it in. Daly asked why the town wouldn't get VRD to pay for the artificial turf. Ortiz said the town could ask the VRD to pay for part of it and the VRD could make payments to the town. The town could ask for it if they choose to. Daly summarized the costs and asked the rest of the Council if they are willing to add additional funds in this project from RETT funds. Further discussion ensued. Moffet made a motion to award the Ford Park Phase 1 construction contract to R.A. Nelson, Inc. for $4,737,338 as stated in Option 1 of the memorandum. The motion was seconded by Foley. A finro minute break was taken. Town of Vail August 21, 2012 Minutes Page 13 Zemler stated he wanted to be sure everyone understands by making this allocation today this still is true and whole and within the parameters of what the voters have agreed upon. This fall the Vail Valley Foundation (WF) will start implementing some of their projects. Jack Hunn, with the WF, said their Phase 1 of their project is out to bid now and three weeks out from knowing what the costs are. They are hoping they don't have the same budget challenges as they want to start construction beginning September 24, 2012. A vote was taken and the motion passed unanimously, 6-0. The ninth item on the agenda was Resolution No. 25, Series of 2012, A Resolution calling a special election for November 6, 2012, to be Coordinated with Eagle County, and submitting ballot questions to the registered electors of the Town of Vail at the November 6, 2012 Coordinated Election. Matt Mire, Town Attorney, stated the Council determined that several changes to the Vail Town Charter were warranted. All amendments to the Vail Town Charter must be approved by the registered electors of the Town at a regular or special election. Mire reviewed each of the ballot questions with Council. Additional discussion was had on item number 4, regarding percentages of referendum and initiative needed to add something to the town's ballot. The state percentages would be a lesser percentage than the town's current percentages. Another item was the split for budget requirements for capital projects and the general fund on whether it should be by ordinance versus charter as the charter does not have a specific split in the language. Moffet had more questions on the date of elections. Mire will research this further and take another look at this. Mire said September 4 is the last date that the town can approve ballot questions and submit them to the County by September 7�', to be included in the November election. The other item was to keep the percentages of signatures needed per the existing town charter for initiative and referendums but clean up the language for the procedural items. Foley asked how you get this information out to the public. Mire said that the town a resolution they can adopt to explain the changes. Rogers said the item regarding the split allocation of the capital funds and the general fund should be done by ordinance. It is not a good idea to keep it in the charter as it is not clear about the specific split and cannot be changed except by voters. The Council is still be bound by ordinance to approve the budget. The council has always had a super majority vote on the budget. This could still be done by ordinance. If circumstances change in future, it gives council flexibility to change as they still have the same analysis process. It gives the Council flexibility they otherwise wouldn't have. They would still have to have a super majority. Moffet said this doesn't belong in the charter, it's messy and it's not clear. Mire said the split has been a compilation of various ordinances and discussions through the years; this is not in the charter. Town of Vail August 21, 2012 Minutes Page 14 Daly said he will represent the opposing view. He said there have been things amended through the years in the constitution and it can be appropriate. This concept has served us well. He thinks that a fundamental of budgeting is better not to change things easily. If there needs to be change there are mechanisms in place to allow for that. He said he wants to propose a more conservative approach by considering the foundation that they rely on year after year, are more stabilizing and why they have large budget fund balances now. By changing to make it easier to change percentages will not serve the town. Rogers said the past language doesn't say anything about a 50/50 split. Daly said they have been living by this idea and directed by the charter that split sales tax revenue on a 50/50 basis. Moffet said it was an interesting point, but the language isn't in the charter and the Council is still following the split closely. Rogers said the budget could be approved by super majority. Council is allowing two or three people to hold up the whole process. If there is anything less than a simple majority, there could be blocks if people say don't approve the budget unless you do what they say. Daly said that is a possibility. The cha�ter does provide that the prior budget year stays the same in that case. Further discussion ensued. Moffet he would rather see it in an ordinance. Tjossem said she feels just because we have always done it the same doesn't mean you should keep doing it. She thinks it would be better to go to an ordinance and this is the right time to clean it up so all current and future Council members get this right. It doesn't make sense that this be in the charter anymore. Donovan said generally people want to have the 50/50 reflected in an ordinance. She said there could be five votes for that. She said they are avoiding the option to doing away with 9.4 in its entirety or leaving some language in the charter. She said to strike Section 9.4 entirely, teave as it or change it. Daly asked if there were four people in favor of having this by ordinance. Tjossem, Rogers, Moffet and Foley raised their hands in favor of doing this by ordinance. Daly and Donovan opposed. Further discussion ensued about how to proceed, about whether to strike section 9.4 in iYs entirely, or changes the charter language; find the right balance of language in the charter and by ordinance. Mire will bring back new language at the September 4 meeting in a resolution. Daly reviewed the ballot questions again and Mire will bring back a resolution with the changes. "Safety language" will be proposed that may be added to the charter regarding the capital and general fund issue. The Council has a September 4�' deadline to approve final ballot language questions The tenth item on the agenda was Ever Vail. Staff requested Council continue the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 to the September 18, 2012 public hearing. Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 to the September 18, 2012 public hearing and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. Town of Vail August 21, 2012 Minutes Page 15 The eleventh item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. The meeting adjourned at 9:50 p.m. Attest: ) � rel Donaldson, Town Clerk Respectf y Submitted, Andrew P. Daly, ayor ��N N. �F.� • :< . • . SE • . AL • . • . • . • . • . : .. . � • •• . . , n.•••....•�. Town of Vail August 21, 2012 Minutes Page 16 Vail Town Council Meeting Minutes Tuesday, September 4, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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. Kaye Ferry introduced Kevin Lundberg as the Republican candidate for the Colorado State Senate Seat for the Second Congressional District. Lundberg stated the district has been redrawn and includes several mountain communities including Vail and most of the Northern and Central communities in the front range of Colorado. He stated he will bring the same solid principles he has championed for the past ten years as a state legislator. He said he would continue to work toward lower tax burdens, more reasonable regulations, local control of education, getting people back to work, repealing the federally mandated medical plan and getting rid of more federal policies. He said he was a small business owner and he understood the hardships of over regulation and government intrusion. He wants to preserve individual liberties. He said people can access more information at his website at www.Lundberq2012.com. Ann Fattor introduced herself and said she is running for a seat on the State Board of Education for District Two. She said she has a long history of service to her community and good leadership. She has eight years of service on the Gilpin County Board of Education, four years on the Colorado Association of School Boards and was president of that board in 2002. She has also been chair of the Gilpin County Republicans since 2008. She stated more information can be found at her website at www.fattor4stateboardofeducation.com. The second item on the agenda was the Consent Agenda. On the consent agenda were the approvals of a correction plat for Moraine Drive; approval of the August 7, 2012, meeting minutes; and the August 21, 2012, meeting minutes. Moffet made a motion to approve the consent agenda with minor changes to the meeting minutes and the motion was seconded by Donovan. A vote was taken and the motion passed, unanimously, 7-0. Town of Vail Meeting Minutes of September 4, 2012 Page 1 The third item on the agenda was the town manager report. Under this item was an update on the water and drought conditions from the Eagle River Water and Sanitation District (ERWSD). Diane Johnson, ERWSD representative, stated the main update was in switching processes from how much water is available to meeting the demand to customers. She discussed the main stream flow and senior rights of the creek and how they revise their operations to adapt to the cfs flows and demands to customers. She said they are asking customers to lessen the impact on Gore Creek by letting their lawns go dormant now and reduce their usage of water as much as possible. She encouraged people to button up their sprinkler systems early and not wait until the first frost. The current outlook is that the drought will persist through November. Rick Sackbauer, board member of the ERWSD, stated the district has signed an agreement with Vail Resorts, Inc. (VRI) to move water through the VRI snow making system and put it into Gore Creek. They saw significant changes through this process. VRI is concerned about the water flow levels for snowmaking equipment. This should be a win-win for everyone. Kurz asked him to explain where water is pumped normally. Sackbauer said in the summertime, most of the water is from the Vail end of the valley and interconnects down to Eagle-Vail, Avon and the Edwa�ds area for landscape irrigation. This year, water was moved from the Edwards, Avon and Eagle-Vail area up to the Vail area. He said VRI can take water from Gore Creek and the Eagle River into their snowmaking system. Water is usually not ever released into Gore Creek. He also stated that the Black Lakes at the top of Vail Pass a�e full at this time. The fourth item on the agenda was first reading of Ordinance No. 10, Series of 2012, an ordinance amending Chapter 12-22, View Corridors, and Section 1410-3C, Site Planning, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. Warren Campbell, Chief Planner, said this is first reading of Ordinance No. 10. On July 17, 2012, the Council heard a presentation on the current view corridor regulations and concerns raised by the Planning and Environmental Commission (PEC). After the presentation the Council directed staff to propose amendments addressing the maintenance of vegetation impacting adopted view corridors. On August 13, 2012, the PEC forwarded a recommendation of denial (5-0-0) on proposed amendments to Chapter 12- 22, View Corridors, and Section 14- 10-3C, Site Planning, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation. He said the DRB was concerned about negative impacts. Rogers asked for a more detailed account about the PEC conclusions that were the basis of their denial and how it would have a negative impact. Tjossem asked if the PEC understood the question they were specifically trying to address was about four view corridors. Campbell said he believes they understood the broader policies and that View Corridor #1 was included in their discussions. The PEC comments were focused on stream health and were concerned the mitigation to the vegetation could go to one extreme. He said the DRB has consistently used Section 14-10-3(C) to prevent removal of vegetation for the sole purpose of obtaining a view to a landmark (commonly the Gore Range or the ski mountain). This section of the code reads, "C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased or those essential for creating Town of Vail Meeting Minutes of September 4, 2012 Page 2 defensible space. Mitigation may be required for tree removal." The DRB was concerned about allowing the town to perform an action which is consistently denied for private property owners. Jim Lamont, representing the Vail Homeowners Association, stated he didn't participate in this topic when it was previously discussed. He thinks this is a political issue. The marketing value of having a view of the Clock Tower would be a photo opportunity from the Vail Transportation Center belvedere. He said it was evident that people turn to the iconic view of Vail and it is no longer there due to the trees. Campbell said there are three aspens impacted in View Corridor #1. He also stated all view corridor points are on public property but they do cross over private property. Most of the trees are on private property in the view corridor and do not impede the view as they would have to double or triple in size to do so. Lamont asked more questions regarding various aspects of the ordinance and view corridor issues. Lamont urged Council to re-expose the Clock Tower in View Corridor #1 at the minimum. Rogers asked if the trees could be trimmed or get a variance. Campbell said this type of application isn't what you would get a variance on. Campbell said language has to be passed to let the Design Review Board have the chance to evaluate based on a case by case basis to address issues as they appear. He said on the PEC level, most of the requests would come from the town. Rogers said she understands the concerns of the PEC, but in View Corridor #1, four trees are not going to impact the water temperature of the creek. She asked if the Council could consider an ordinance that effected View Corridor #1 only. Mire said that would be harder to enforce. Mire said Vail is a homerule municipality and they could consider whatever they want. Further discussion ensued. Campbell reviewed the memorandum and ordinance language in more detail to explain how the process would work if the ordinance passed. He discussed the roles of the PEC and DRB in the process. Rogers said there is an issue with View Corridor #1 and she wants to get this taken care of without unintended consequences. Campbell said he understands and believes this ordinance allows the town to reevaluate issues on every view corridor, not just View Corridor #1. Tjossem said she was voting in favor of adopting the ordinance to have flexibility to trim vegetation as it may be necessary. Rogers agreed. Tjossem made a motion to approve Ordinance No. 10, on first reading and the motion was seconded by Rogers. Donovan said she will support approval of first reading. She said she will get more information from someone who sat on the Council in the 1990's to get his/her intent of the ordinance when it was passed at that time. A vote was taken and the motion passed unanimously, 7-0. Moffet said he wanted language added so people couldn't "top" trees. Campbell said he would add to the proposed ordinance on second reading. Town of Vail Meeting Minutes of September 4, 2012 Page 3 The fifth item on the agenda was Resolution No. 25, Series of 2012, A resolution calling a Special Election for November 6, 2012, to be Coordinated with Eagle County, and submitting ballot questions to the registered electors of the town at the November 6, 2012, Coordinated/ Special Election. Matt Mire, Town Attorney, stated the Council has determined that several changes to the Vail Town Charter are warranted. All amendments to the Vail Town Charter must be approved by the registered electors of the town at a regular or special election. He stated the Council has heard the individual items and agreed to most of them at the previous Council meeting. He said there were still two outstanding questions that needed resolution. On ballot question number two regarding changing the language of the date for November elections, Moffet had a question regarding Tabor. He said with federal elections, the state has to coincide the federal elections in even number years to coordinate with state elections. The town wants to have the discretion to have even number years to coordinate a special election with the county and state elections. The second item Mire reiterated from the previous meeting, the Council wanted to preserve the initiative and referendum percentages and adopt state language for the rest of the initiative and referendum section of the charter. He also said that with the ballot question regarding the capital program, there is a reference in the charter now but it does not state it should be a 50/50 split. The ballot language would allow for the capital program to be in the Charter but the split be set by ordinance. A sample ordinance was attached to the Council agenda packet for Council review. He read the changes in the ordinance. Rogers made a motion to approve Resolution No. 25 and the motion was seconded by Moffet and Kurz. Jim Lamont, representing the Vail Homeowners Association, asked Mire about the 50/50 split being taken out of the Charter. Mire said the Charter doesn't reference the percentages, but this change will allow the percentages to be set by ordinance. The draft ordinance doesn't put in a specific split currently. The Council can already change the percentage by ordinance. Mire reiterated there is no charter or ordinance requirement for a 50/50 split. Lamont reiterated that the reality is there is no longer a 50/50 split and there can be an ordinance passed setting percentages now. The super majority vote of the Council can change that at its discretion at any time. He said when the Charter originally addressed this issue, it was to have a balance befinreen operations and capital. The Council has two debates, one, keeping it 50/50 and the rational with changing percentages; and two, how the budget should be balanced. Rogers said the budget process has to be approved every year no matter whether it is by ordinance or by Charter. The Council is suggesting to take it out of the Charter and putting in language by ordinance. Lamont said when it comes to budgeting the Council will change every two years. Rogers said this language cleans up the Charter. Lamont would like the percentages in the Charter where the people vote on the changes in the split. Town of Vail Meeting Minutes of September 4, 2012 Page 4 Moffet said he understands Lamont's concerns, but the bigger pticure is that the Charter doesn't state there needs to be a 50/50 split. Everyone thought it was in the Charter but it doesn't exist. The Council is putting more teeth in the system that the Council will have to adhere to. Daly said his opinion is different. He said the town has been responsible in the past under the assumption that the Council was required to allocate a 50 percent split to capital and 50 percent split to operating over the years. This has resulted in behavior that has been advantageous on how the town has been run. The idea of putting it in an ordinance and requiring a super majority for changing it is not a guarantee that the stewardship and fiscal responsibility will continue and be adhered to in the future. He is a proponent of having additional language of a 50/50 or 60/40 or some allocation split be added in the Charter and not by ordinance. Moffet said if a future Council decided to abandon the percentages, there is still a way for the populace to weigh in on the decision as it could be subject to the referendum process. A vote was taken and the motion passed 6-1, with Daly opposed. The sixth item on the agenda was an update on the Vail Golf and Nordic Clubhouse project. Greg Hall, Public Works Director, stated that staff presented a comprehensive project issues report at the August 21, 2012, Council meeting. This report was prepared based on letters and comments received to date from the community regarding the clubhouse project. Public comment was taken on the list of issues and based on this input the list was refined to include better clarification with regard to concerns about lighting and the overall economic need for the facility. At the conclusion of the August 21 st meeting, it was decided that staff would present responses to these issues at the September 4th and 18th Council meetings. There were thirteen issues regarding the project that were discussed on August 21st. Topics that were discussed at the work session on September 4th included: 1) the re-zoning process, General Use(GU) zone district, etc.; 2) tents; 3) future use of 18th green area once the realignment is complete; 4) the parking lot access; and 5) the driving range netting. He asked the Council to provide feedback to the staff regarding the items presented. This will allow the project team to better respond to the issues which have been gathered and to prepare responses to these issues to be included in a formal application for the project. Staff needed to get Council and public input again. Tom Braun, with Braun and Associates, Inc., said they will have more information in the next few weeks. The project team wants to go into the five topics as they know more about them. He reviewed the process and rezoning item first. In regard to the re-zoning/GU District, the project team's original objectives were: resolve the existing condition of the club house area being zoned both General Use (GU) and Outdoor Recreation (OR) and establish development standards for a development review process that will allow for a building height up to 33' (sloping roofs). The concerns were that any rezoning would need to include a development plan. They are committed to having a development plan included when an application is submitted. The GU would have a broader use than outdoor recreation zoning. This is an awkward situation that should be remedied. The whole project should have just one zone district as it creates more challenges. Town of Vail Meeting Minutes of September 4, 2012 Page 5 Rogers asked if the outdoor recreation zoning requires a specific number of parking spaces as she doesn't want to do something that would require a large parking lot if we make it Outdoor Recreation District versus General Use District. Braun stated that the number of parking spaces required would not be increased with either zoning designation. The one issue in the outdoor recreation district is the 24-foot building height limit. The proposed building has a height of 33 feet. There could be an amendment to the Outdoor Recreation District to change the height from 24 feet to 33 feet, but that may create further complications with other Outdoor Recreation District properties. Further discussion ensued on the merits of General Use versus Outdoor Recreation. Braun reviewed the second topic which was the use of tents. In the powerpoint presentation, they listed that no tents would be allowed for private functions. However, a bonafide community event could have a tent. Rogers asked if the VRD did a financial analysis to make it a profitable enterprise and that was why the tent concept came into play. Ortiz said that is not true. They need outdoor space but they don't necessarily need a tent. Daly said there was a space on the plans so Zehren put "tenY' on it and thaYs where this came from. Braun said it also came from the fact that tents have been used in the past. Tjossem asked about the terminology of what constitutes a"bonafide community event." She said that needs to be defined as it opens this up to lots of various interpretations over the years. Braun said they don't want to preclude a larger event that may need a tent. Tjossem said to use a stronger word to define it. Braun said this will be addressed in the conditional use application. Daly asked to add the location for the tent to the drawings as well. Braun said the third topic was the use of the 18�h green space. If they are committing to this use, define it and program it in the conditional use application. They are still working on the possible uses. Other possible uses that may be compatible with the neighborhood is a putting green, a putting course, badminton, croquet, bocce ball or something else. Moffet said they need to be sensitive to the fact that this space will be right next to a green. Rogers said this is why they need the expertise from the VRD as they know what is compatible and are the experts, not Council. Braun then talked about the parking lot access. He said currently there is 185 to 190 feet of site distance. In the new process, it reduces this to about 130 feet of site distance. Hall studied industry standards and there is a lot of conflicting information. The Ashto Traffic Code Manual, which is the leading expert in this field, suggests there the standard site distance is 170 feet; thus, they made the decision to keep it where it is to be in compliance with the standards. Braun said the last topic was about the netting and Mike Ortiz will be addressing the topic. Mike Ortiz, Vail Recreation District Director, said the VRD board and staff have come to the conclusion, throughout the process, they are not going to pursue putting up the driving range net this fall. They need to put the net up when the ground is dry and spring is not a good time as it is too wet. They plan on installing the netting next fall. They will try to manage the range in 2013 as best they can. They will keep studying where the balls are landing and see if they can do mitigation of balls going over the net. They plan to do this through signage, verbal communication and more staff on the range. A large part of the problem of balls going over the net is due to people doing it on purpose. If they have staff policing this area it will cut down on Town of Vail Meeting Minutes of September 4, 2012 Page 6 the problem. This is a working plan for the summer of 2013 and is not the permanent solution. It will be studied and they will come back to Council and give them the data of how it worked and what they propose. He went through the power point presentation and discussed that the range will be narrowed even more because the baffles will come out into the range and will impact the guest experience. The current range is already narrow. While this could be a solution, it's not optimal. It will impact the guest experience, quality, revenues and operations. This whole project will be a significant impact financially to the revenues and operations of the VRD to be shut down for a year. He discussed in more detail aspects of the poles, netting and site plan. He said there has been a lot of talk with consultants on how to make this work best. A lot of talk has been on why a net needs to be there now. He said all over the golf course they have adjoining fairways and people get hit all the time but they don't always report it. He has seen it happen. When you are on the fairway you are a moving target. When you place it on a green, you are a standing target and the likelihood of getting hit is that much more. Tjossem said she was confused about having to move the 18�' green. She thought it was because of the ball flight concerns and that netting was going to solve it. Now it seems to put off the net test for a year while all the other things are in motion makes her wonder how legitimate the nets were in the first place. She wants to understand the process. The sequence of the process is out of place to her. Ortiz stated there are two ball flights to consider. The first is coming from the driving range hitting into the 18�' hole where people are a standing target. And the second is that the fairway is being moved because it is currently too close to the current patio and clubhouse and balls are hitting people there. Further discussion ensued. Tjossem said she would like to see that all aspects of the Vail Golf Course Clubhouse design and 18�' green being moved discussed at one meeting, including the green, the grill, the patio and clubhouse design. She doesn't want two separate discussions as it complicates the issue. Hall stated there are other issues that need to be considered as well: project costs, netting, design, concerns about the soils and wind load. Daly said at the next meeting they should plan on coming back to discuss the netting to see it in terms of design for play on the modified 18�' green. Also, impacts to the front of the clubhouse, deck and the driving range as it impacts the 18�' green and the new cart dropoff and the grill on the north side of new clubhouse. Ortiz said the operation plan is a working document and the VRD board will be reviewing it at their next Thursday meeting on October 6`�. This is a working document. It will not be a final document that is presented to the Council on September 18th. Zemler said they shouldn't commit to the September 18th meeting for hearing about the operating plan as they won't have all the information necessary until the first meeting in October. Daly said this will be a three meeting process. Zemler said at least three meetings. Daly said the public should limit their comments to two minutes. He asked to have a civil and respectFul process and to take side conversations out of the meeting room. He asked everyone Town of Vail Meeting Minutes of September 4, 2012 Page 7 to stay focused on issues presented tonight to get solid feedback relative to the information provided. Raul Hamlin, a property owner, said we are painting ourselves into corner with a hodgepodge of expensive bandaids. He said it comes down to the 200 person community room. He said the 200 person room space should be lowered as there may be no desire to have this space as there are other new venues on Vail mountain that may suffice. He said Council needs to reconsider the size of the community space, the size of the patio and moving the new green. Cutting the space down will save a lot of money for netting and other expenses. Art Abplanalp, attorney for Glenn Hilliard who is an adjacent property owner, said Mr. Hilliard forwarded an email covering issues that have been identified with this project. All comments were contained in the letter from him and his neighbors. He wants the email sent to Council added to the packet for the record. He said the project is unacceptable at this time. The difference befinreen him and the rest of the neighborhood is Hilliard is the only one who wants to continue discussions. Others don't. He addressed the removal of the re-zoning as a good thing. Tents should not be allowed. The alternative use of the 18�' hole should generate no additional traffic. With reference to the change in the access point of parking, leaving it where it is was a good decision. He said the safety issues are more imaginative than credible. The height issue in the present plan would locate any significant improved area outdoors to the north of the clubhouse. Zemler said they have had many requests to flip the spaces. He asked Abplanalp if the neighbors are saying they want to flip all activity to the north side of the building. Alplanalp said the plan they are suggesting would assume the building would remain in its current area and the kitchen would be in the same place. The difference is that the expanded space on the north side would be for the patio and grill. Sam Maslak, a Sunburst Drive property owner, stated the majority of adjacent property owners said they didn't know this discussion was being held until last Friday, so the next meeting will have better attendance from the neighbors. He said he just recently received the Hilliard letter and he and other neighbors didn't have an opportunity to add to the list. He wants to expand the list of topics besides the 18`h fairway to discuss at future meetings. He said the addition of an event center seems contrary to the purpose of the golf course and asked if the event center was in compliance with the Pulis covenants. He said that if a conditional use permit would allow for tents at public events but not for private events is a concern. He said this process could also be used to allow tents for private events as well. He said if additional revenues are needed to support an event center, this would be an issue and putting up a tent at all is a concern. Deborah Webster, a property owner on Sunburst Drive, said in general there is a sense from the neighbors that they don't understand the dynamics of the town direction. She said they are in agreement that they need a world class club house. However, they view the event center as taking money out of having a world class golf club house. She said everyone should remain flexible and focus on what the voters wanted. She has looked at the Donovan Pavilion said they should compare the two venues. She wants Council to look at the residences in relation to the clubhouse. Peter Cook said he lives in East Vail and has played the golf course many times. He said when the residents voted on this, they only wanted a clubhouse that didn't stink and was worth Town of Vail Meeting Minutes of September 4, 2012 Page 8 having. As it has evolved, it is an event center. He said people have said not to call it an event center but he feels this is an event center. He said if the town and VRD make all the changes as proposed, it will be a lot of money. He said there is no way to make a ROI out of a 200 space event center. He doesn't see how this project can fly financially. Jim Lamont, representing the Vail Homeowners Association, said special events have a voracious appetitie and he doesn't think this will be an acceptable solution. He wants it clarified that all parties consider view corridor protection from residences and from the public street and down the 18�' fairway. He said the views of the building should be reoriented because the neighbors may decide to do forms of guerrilla warfare to make it unpleasant to look at. Whatever uses are put on the vacated green need to be similar to the use as is currently. Rick Sackbauer said he lives in the VRD District, is a VRD board member, but these were his personal comments. He said this information has not been in front of the VRD yet. He said he personally has a different view of tents than many people. He said a tent can be a part of the building that fits the mass, height and color. He stated that operating this current building for the last four years and knowing that Vail has cool evenings, rain and other weather, the tents could expand the golf course functions and would work. He said the Eagle-Vail Golf Course and Red Sky Golf Course both accommodate tents that are used, not often, but well. He said in response to Mr. Hilliard's comments to move functions to the north, the architect has done an excellent job of keeping events away from the golfers and golfers away from the events as I is not compatible to mix those finro functions. Malia Norbrega,with Crossroads Realty, said they represent Phase II, III and IV of the Vail Golfcourse Townhome owners. She said some progress has been made so far and the owners will be happy to hear that the zoning has been removed from the discussions. The comparison with the Eagle-Vail Golf Course should not be compared with the Vail Golf Course as it is not anywhere reasonable for the type of multi-uses being considered with residences that exist nearby. The tent and event center are a big concern of the homeowners. She said if the economic impact is not very successful, this may push the VRD and town to seek to other ways that can change the use of the space in the future. The owners don't want to see an events center there. Doing an economic study will be helpful and she appreciates the work done so far. Daly invited the public to come to the next finro meetings in finro weeks and four weeks to participate and work through this process. The seventh item on the agenda was the appointment of one person to the Vail Local Licensing Authority (VLLA) to fill a vacancy. Staff requested the Council interview the interested applicants at the work session earlier in the day and asked Council to appoint one new member at the evening meeting. The term of the appointment runs from August, 2012, to June, 2013. Daly stated there were finro candidates, Luca Bruno and Chris Parks. Moffet thanked both applicants for applying and for their interest in the town board. The council voted by ballot and Luca Bruno was then nominated to the VLLA. Kurz made a motion to appoint Luca Bruno to the VLLA board and the motion was seconded by Moffet. A vote was taken and the motion passed, unanimously, 7-0. Town of Vail Meeting Minutes of September 4, 2012 Page 9 The eighth item on the agenda was the Century Link Utility Easement, so it is a revocable easement removing it in the future if the town requires it, at the Ford Park Soccer Field. Tom Kassmel, Public Works Engineer, said Century Link replaced a failing utility line at the Northwoods Condominiums this past spring. They completed an underground bore in order to accommodate the new line along the east edge of the Northwoods driveway, and behind their existing entrance sign. Upon completion, it was determined that the new line was actually on town property. Century Link is requesting an easement from the town for this new utility line in order to keep it in its existing location. The existing utility line currently does not impact any town infrastructure or landscape and does not require any further disturbance to town property. This also is contingent upon removing it in the future if the town requires it. Moffet made a motion to approve the draft of the easement to allow Century Link to go through the Ford Park Soccer Field Lot, legally known as Vail Village Filing 7, Block 2, Tract & Lot A& B, in a form approved by the Town Attorney with the requirement that Century Link will remove the line and vacate the easement as necessary at any such time that the town requests its removal or relocation. The motion was seconded by Foley. Rogers questioned whether this should be an approval for a draft of an easement or an approval of the final easement. Further discussion ensued about draft versus final easement approval by Council. Moffet amended his motion to change the wording from draft to final easement and Foley seconded the motion. A vote was taken and the motion passed, unanimously, 7-0. The ninth item on the agenda was a discussion regarding the South Frontage Road improvements and guardrail installation project. Tom Kassmel, Public Works Engineer, said staff requested the Council allocate $396,000 from the Traffic Impact Fee Fund to the 2012 budget and authorize the Town Manager to enter into an agreement with Elam Construction Inc. to complete the South Frontage Road Improvements and to enter into a separate agreement with Ideal Fencing Corp. to complete the guardrail installation project. He said in 2011, the Town of Vail and Colorado Department of Transportation (CDOT) entered into an Intergovernmental Agreement (IGA) regarding the use of the Frontage Roads for overflow parking. The IGA outlined certain safety improvements that are required to be installed by the town at the overflow parking locations. The improvements to be completed in 2012 include shoulder widening of the South Frontage Road from approximately the Vail Resorts maintenance facility to the heli-pad, and guardrail installation along I-70 in finro locations: westbound I-70 from Safeway to Arosa Drive and eastbound in the same location as the above described shoulder widening. Included in the improvements of the South Frontage Road is a CDOT-required westbound left turn lane at West Lionshead Circle. The existing left turn,volumes during the peak hour at this location warrant the construction of a turn lane and the improvements have been identified by CDOT and the town's Transportation Masterplan of 2009. Shoulder widening fees came from Tax Increment Financing (TIF) funds. Traffic impact fees paid by the surrounding new developments of Arrabelle in the amount of $305,000, Landmark Condominiums in the amount of $46,000 and Lions Square Lodge North in the amount of $45,000. These fees were collected for this turn lane improvement. The town publically bid the above projects and received bids on August 28, 2012. Only one bid was received for the Frontage Road improvements from Elam Town of Vail Meeting Minutes of September 4, 2012 Page 10 Construction; and two bids were received for the guardrail installation from Ideal Fencing Corp. and Adarand. Daly asked what the budget for this project was. Kassmel said the engineers estimate was $946,000 and the project is over $100,000. The guard rail estimate is lower than anticipated. Kassmel said staff recommends allocating $396,000 from the Traffic Impact Fee Fund to the 2012 budget for the required turn lane at West Lionshead Circle, and to authorize the Town Manager to enter into contracts, in a form approved by the Town Attorney, with Elam Construction Inc. to complete the South Frontage Road improvements and with Ideal Fencing Corp. to complete the guardrail installation. Further discussion ensued. Moffet asked if consultants and contractors feel the town is difficult to deal with and if that's why the town didn't get additional bids. Kassmel said if contractors are available, they will bid on projects. Daly asked about bid comparisons. Kassmel said it was difficult to do as there were only 6 out of 30 items that were similar in each project. Tjossem asked why do this project now instead of in the spring. Greg Hall stated these are part of CDOT requirements and approval from CDOT. Daly said if CDOT was a significant part of this decision process, the town should go back to them and ask them to pay for the additional premium costs. Further discussion ensued. Moffet made a motion to allocate $396,000 from the Traffic Impact Fee Fund to the 2012 budget for the required turn lane at West Lionshead Circle, and to authorize the Town Manager to enter into contracts, in a form approved by the Town Attorney, with Elam Construction Inc. to comptete the South Frontage Road improvements and with Ideal Fencing Corp. to complete the guardrail installation. The motion was seconded by Rogers. A vote was taken and the motion passed, 5-2, with Daly and Tjossem opposed. Daly would like to see Vail Resorts Inc. pay for 50% of the costs and thinks cheaper prices may be available in the spring. The tenth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:10 p.m. Respec y Submitted, Attest: Andrew P. Daly, M r � � //l� � Donaldson, Town Clerk ,�'"�.1 O�c �'`o'N'.....,, : SEAL : .Cii •••...•�•;;•, Town of Vail Meeting Minutes of Septembe�012 Page 11 Vail Town Council Meeting Minutes Tuesday, September 18, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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. Jim Lamont, representing the Vail Homeowners Association, stated he appreciated Council's emergency alert system discussion at the work session. He requested they look into a simple alert system and how it can be used for wild fire notification in isolated areas of the community and how an additional system can be tagged on to the first system (i.e., Eagle County alert system). He agreed that $400,000 is too much to spend for the system presented at the work session. Shirley Welch, a Vail resident, stated Susie Tjossem had asked her to do a book over two years ago for the 50�' Anniversary celebration. She handed out her book, Images of America, Vail the First 50 years to each of the Council members and the Town Manager, Stan Zemler. Mike Cacioppo said he disagreed with the assessment of the emergency alert system. He recalled when he was on the Town Council many years ago; a vehicle came through town with a tank on it. The Russians were doing maneuvers in the U.S. The former Vail Police Chief, Ken Hughey, stated the town didn't have anything to defend against a tank. Cacioppo said he is not just interested in a fire alert system. He is interested and in favor of any kind of danger alert system for police, fire, roads and parks and recreation, in that order. Cacioppo said he thinks there may be increased terrorist attacks in the future. Kevin Foley expressed condolences to the family of Mark Ristow and Matt Mire for their losses. The second item on the agenda was the Town Manager Report. Zemler stated that speed management and issues will be presented at the October 16 meeting. Town of Vail September 18, 2012 meeting minutes Page 1 The third item on the agenda was a presentation from the U.S. Forest Service (USFS) regarding Bark Beetle mitigation strategies, life safety and hazardous fuel accumulations. Mark Miller said the scaled down version of the alert system presented at the work session could cost around $250,000. Another option that could be considered was a rapid readiness alert system where guests could sign up to be on it for a day. He said there are less expensive alert systems and he will investigate. Miller introduced Dave Neely, District Ranger with the Eagle/Holy Cross District and Ross Wilmore, the East Zone Fire Management Officer (UCR); and Matt McCombs, Deputy District Ranger. Dave Neely said he is a new resident of Vail and is looking fonroard to being a Vail constituent. He stated their first priority is protecting human life against falling trees. He reviewed the power point presentation which included past, present and future strategies and direction for bark beetle and wildfire mitigation. He said much work has been completed by the USFS over the last 10 years relative to pine beetle mitigation in and around the Town of Vail (TOV), including Vail Mountain. The power point showed the progression of ecological and social tolerance and the realities of living in the Wild land Urban Interface (WUI). He explained the various types of cutting and remedies for areas and said this will be based on what they see at the time they enter a particular site. They are in the comment stage of the Piney Project Area as it is being resubmitted. He said living in these systems is like living in hurricane areas in Florida or flood areas in Louisiana. Nature is part of the system. The quality of life we enjoy is part of this system. In his experience, he hasn't seen a better interaction between all the entities involved anywhere. He has been in exercises to simulate responses to incidents that could happen and feels very good on how they are positioned on the response part. Protection of human life is always their highest priority. Wildfires will be managed for multiple objectives. When it is favorable, they will be using fuels to manage the fires. There has been and will continue to be a very positive relationship and collaborative effort befinreen the USFS and the TOV relative to wildfire mitigation and hazardous tree removal. Neely said it was important to discuss pertinent limitations in mitigation efforts, risks and benefits associated with logging vs. managed fire strategies. They requested Council provide direction to the USFS as to what they are comfortable with in regard to mitigation efforts and to discuss issues, options, trade-offs and future collaboration efforts. Further discussion ensued. Daly asked if roadless areas near Vail make it a tremendous risk area. Neely said under the Colorado Roadless Rule, they have ability to do wild land treatment in roadless areas. The slope stability in the Intermountain area and near powd Junction is the least stable in the area. Cutting into this area may make it more susceptible in stability versus a fire issue. They are actively focused on reaching out to communities. Ross McComb reviewed the Intermountain fire above Stephens Park in August 2009. He said several agencies responded and worked well together. He said there were 70 people from different agencies who initially attacked the one acre fire. So the importance of fires in the Vail area is taken seriously. Town of Vail September 18, 2012 meeting minutes Page 2 Daly asked if other areas have used this fire as an exercise for their fire response. McComb said there was a fire in Summit County in March 2012 and a fire in Eby Creek, Eagle, earlier this summer. He said this was the first time working with the National Guard and they helped tremendously. They are working on identifying and integrating National Guard services into their system. Donovan asked about the red slurry fire retardant being safe for the environment. McComb said it was a great question. There was a lawsuit brought against the USFS because they used this product. They are restricted from using this within 300 yards of streams and they have identified species that may be affected by the retardant and where they live. They have to report instances if any areas are affected accidentally. Neely said that question leads into the broader conversation of tradeoffs and values and decision making to protect human life, infrastructure and letting nature take its natural course. Other tools or courses they could do are managed wild fire or a prescribed wild �re burn. Tjossem asked if they have assessed the hiking and biking trails throughout the Vail valley and if they have prioritized working on them. Neely said they can have a conversation about this but they can't make all areas safe for guests using the wilderness. They have prioritized clearing within 100 feet near roads and removing trees as they fall. Daly thanked them for the informative presentation. Jim Lamont, Vail Homeowners Association, asked if the hierarchy of what needs to happen came out of the Governor's office after last summer's fires. McComb said they are talking about two different things. There was a reorganization of the fire services that were placed inside the Department of Public Safety and the Division of Emergency Management. The wild fire response agency was removed from the USFS. The second question is how individual incidents are managed. It boils down to the incidences and the way they are managed and which agencies have jurisdictions. Each agency's line officers are also brought together as an incident management team. They have discussions on what type of team they need and what strategies are to be employed, which agency is in charge, etc. Lamont said the Colorado Springs fire brought to everyone's attention the question when it switches from local to the federal level agencies. McComb said each entity that manages a fire has a voice in the decision making process and how they will work together. The fourth item on the agenda was an update on the Vail Golf and Nordic Clubhouse Renovation Project. Tom Braun, with Braun Associates representing the town, said they were going to focus on neighborhood issues, project design, driving range netting, site and landscape design, tents for "bonafide community events" and architecture design with a presentation from David Tanner about golf course design. Daly said bus access and parking lot access was to stay the same. Zemler said the last meeting left people with confusion on the netting and safety circumstances and the approach. The VRD is doing some mitigation on this and there have been a series of discussions. VRD agreed there needs to be dual tracks. The real solution is to address the Town of Vail September 18, 2012 meeting minutes Page 3 netting and create a safe environment for the grill and the entry point of carts and the clubhouse. There was confusion about ball flight from the driving range and ball flight down the fairway. The town is encouraging VRD to do a dual track and to pursue next steps. He said height and visibility of netting will be addressed. David Tanner has been working with the VRD and the town for awhile and will contribute his expertise to the discussion on netting and ball flights. Dave Tanner, with Tanner Consulting Group, stated he is from Valley Springs, California, lives on a golf course and started his company in 1985. His company has been asked to participate in ball trajectory studies since 1991. Over the years, there was very little data from golf ball companies regarding statistics on ball flight at the time. Netting has been an issue. They have done ball trajectories studies with golf courses all over the world on ball trajectories. They also worked with the Professional Golf Association (PGA) and other golf courses. They do a lot of design review and participate as experts in court proceedings. When they looked at this project, it is challenging when the golf course is already there. However, golf courses tend to change which is a standard in the industry. There are also better golfers today as well as equipment changes. The improvements in equipment have made them better, but property doesn't move. As he looked at the driving range, the statistics show the majority of impacts happen within 180 yards on the right hand side. Looking at the current clubhouse situation, the driving range is too close to the clubhouse. It is traditional to have the driving range close to the clubhouse but the problem is the 180 yard danger zone. The average swing is 90 miles per hour (mph) in Vail. He went into further detail of golf swing speed averages, where the balls go, the net poles and the netting. He said there are options of straight netting along a straight line of existing netting or to use a baffle design of netting. There could be three sections of netting: 100 feet, 80 feet and 120 to 130 feet. By angling in, it's like a back stop and gives them some openings befinreen. Landscaping can be added between the baffles for relief. The life expectancy for netting is about 10 years. Netting is the least expense of the project. Poles and cables will be the most expensive. The 18th green was also a concern in its current location. Most golf courses today have much larger setbacks and they are on larger acreage. The setbacks from the parking lot and property lines are tight. They looked at locations for a new 18`h hole and moving it to where they have placed it is in a wider space. He said they can shorten the hole and adding a putting green or chipping area makes sense. Adding baffle netting gives relief, adds landscape and can help with the safety issue. He has been involved with court cases with seven different fatalities on other golf courses and said being hit by balls does very serious damage. He said this design is a positive step forward. Daly asked Tanner about the reason for moving the existing green, stating it is a hazard to the parking lot and clubhouse due to the green placement. Tanner said the hazard is due to changes in equipment. He said in a new country club, there wouldn't be less then a 200 foot setback. He said the new design is attractive and the finishing hole should be what the golfers remember. Hall said the price from the last meeting is less than one third of the cost as stated previously using three baffles instead of four. Zemler asked Hall what happens next. Hall said there will need to be a final foundation design, soils tests, calculation of wind loads, firm up prices and come back to Council and then go to Design Review Board. Tanner said the color is a satin black finish which holds up well to UV Town of Vail September 18, 2012 meeting minutes Page 4 rays. They have tried green and end up painting them black. Once poles are installed, the color tends to disappear. Also the lower 10 feet can be removable for snow loads in winter. Daly said there was significant concern about moving the 18th green and shortening it from a Par 5 to a Par 4. As they look at rebuilding the clubhouse and adding 2,000 square feet to it, there is a concern of the Council on risk management and safety. He asked if Council and the VRD should consider leaving the green where it is or is it foolhardy and asking for tragedy to strike. Tanner said they would be asking for a tragedy by keeping the 18"' hole where it is. At the new tee location, the hole could stay a Par 5 and a final shot onto the green would be a short iron shot which is more controllable. Ku2 asked if there were finro poles per baffle. Tanner said there were three poles per baffle, with fifty feet on center and a total of 100 feet in length for the baffle. Tjossem asked in regard to the studies of hazards: what was more hazardous, a driving range or driving down the fairway. Tanner said the driving range due to varying levels of expertise and lots of balls being hit. He said someone always tries to purposely drive the ball over the net. Raul Hamlin stated he thought there was a misconception. He said the end of the shot or the last 30 yards are the ones where the curvature takes place and would affect the clubhouse. Tanner said by moving the hole back, thus shortening the approach shot, the turn point is when people are trying to get on the green in finro strokes and spraying into the clubhouse area. Trees do not protect anyone from the balls. A lot more public is entering from the parking lot and the proximity would be much safer than where it is currently. Donovan asked if this was a short or long Par 5. Tanner said the new change is still a fairly long Par 5 but a bit shorter than what is there now. Compared to other courses, iYs still a long Par 5. They don't worry about the golf professionals or the super star golfers. They worry about the golfers that have the drinks and try to put it in another county. That shot is hardest to control and more dangerous. By shortening it, it makes it easier to control the shot. Donovan asked if shortening the course makes the 18�' hole less memorable. He said the course is rated a 71 and will remain a 71. He said he has seen the plans and this particular green is being enhanced, making it a larger surface. This particular green is currently a small surface and wears out more. This will make it more manageable for the maintenance staff. A�t Abplanalp, representing the property owners near the golf course, said he has played this course and shots going into the parking lot are due to people not knowing what golf club to use and has nothing to do with technology. The balls go into the parking lot because people shoot it there. He said this is going to be a Par 4 not a Par 5 and will not be rated a 71. He said he believes Tanner was brought in to tell the Council and public what they want to hear. He said Council should listen to their community and not this outside person. Tanner said he is coming up on 28 years of experience and has specialized in golf safety and been an expert witness in many trials. He said it's nice to be involved in a project that hasn't been involved in a lawsuit prior to trying to make it better. He said he disagreed with Abplanalp, and that the tees will be set back and this hole will still be a Par 5 and not a Par 4. Town of Vail September 18, 2012 meeting minutes Page 5 Malia Norbrega, representing the Vail Golf Course Townhomes, asked what studies have been done and if the rest of the golf course has been studied for safety issues. Tanner said he wasn't asked to do the rest of the course, just the 18`�' hole and driving range. Stephen Connolly said the safety issue is a tough one. He said moving the 18th hole will also create issues. He asked what will happen when equipment advances again. Daly said there wasn't any discussion about safety until a comprehensive look was done and until the clubhouse remodel came to light. Tanner said golfers are moving around the course by foot and on a cart versus people sitting at the clubhouse or attending a wedding and sitting still. They become more of a target. Their studies are improving all the time and are upgraded as new equipment gets better. Some of the older golf courses by themselves are fine on 80 acres. This course is 105 acres and it has become to some to be considered stagnate. However, Augusta changes their golf courses all the time, moving bunkers, moving greens around, taking bunkers away and improving them for safety and for technology. They can only deal with what is in front of them today to make this a safer facility. Steve Blanchard said he is not a golfer but said he doesn't understand why it's only focused on this hole. If they are talking about the safety of golfers, then shouldn't they be looking at the whole golf course? Tanner said there is certainly some known risk when playing golf. There is the term "fore" which golfers use when a ball is hit toward someone and for etiquette. The rest of the golf course has been in play for many years and there haven't been repetitive shots being hit. The problem is that more people will be where they could be hit. This will help to prevent them from being hit. Sam Maslak said the risk being created is due to expanding the golf clubhouse. Tanner said the fact there will be improvements doesn't change the risk. The risk is already there. The golf course industry has taken a 40% hit in downturn. He lives on a golf course and enjoys it. He thinks adding a community space will be a wonderful asset. This area is such a picturesque place for everyone and adding this space to a golf course clubhouse is commonplace. An expansion of the clubhouse and modernization is badly needed. The final outcome is that events could be held there and the improvements will make it a safer facility, which was the goal from the beginning. Braun said four applications will be submitted. He reviewed the power point presentation in further detail. Pedro Campos, landscape architect with Zehren & Associates, said there were three goals he had for this evening: to demonstrate current design improvements; the design response from input received from the public; and that this clubhouse isn't just about golf but has a Nordic ski component which has been dismissed and needs to be addressed as it is in use from Novembe� through April of each year. He asked the public to consider the Nordic component since they are trying to achieve multiple uses for the clubhouse. He reviewed the power point presentation about the past ideas and how it has now evolved to what is being proposed. From day one, they wanted to capture the views, separate the uses, concentrate on golf and Nordic staging, as well as other components including the baffle netting. They are working to keep the 18�' hole outside of the 200 foot danger zone per David Tanner's analysis. Town of Vail September 18, 2012 meeting minutes Page 6 David Baum, with Zehren and Associates, continued the power point presentation to discuss the current building design and what they are proposing. He said golf, Nordic and event user groups currently all use the building and come in at the same entry point. One of the things they want to do is have a separate, dedicated the entry for each group. They are increasing the sound coefficient and mitigating sound and light going into the neighborhood and down lighting will be utilized. All spaces will be improved safety-wise with the baffled netting feature. Braun said they plan on coming back for continued discussion of next steps at the October 2nd meeting. They will follow-up and continue to update information from the September 18th meeting, review the operations plan, parking management plan and scale of the facility. Zemler said there are discussions on the economic evaluation of the building. Hall said the next step is to submit an application to PEC next week. Daly said they wanted to extend to this discussion to the October 16�' meeting. Tjossem asked Tanner which was more dangerous for safety, the driving range hazard or the fairway hazard. Tanner said the driving range. He said safety is the reason for moving the green. Tjossem wanted clarification on why they want to move the 18�' hole. Tanner said the driving range netting is what fixes the driving range issue. The clubhouse improvement and people being at the clubhouse is another safety issue as massing of people at the clubhouse is a safety issue when it is close to the 18�' hole. She asked if this was theoretical versus real. Tanner said the designer is very good at his work. He said statistically, they know what will happen if the 18th hole isn't moved. Tjossem asked Campos about the schematic regarding sense of play and a path near the patio for a wedding. Campos said it was a walking path and an access path and not a golf cart path. They are keeping as many trees as they can that are currently there. This area is more unstructured. Kurz asked about screening so it's compatible with everything else and limiting use to just weddings. If iYs screened so heavily, they will lose the view of Gore Range and photo opts. Campos said they would have to go north and east to the golf grill for the photo opts. Mike Cacioppo said the plan he has seen tonight is terrific. He objects to the opponents using "adding an event center" as this plan is not adding an event center. IYs already been an event center for years and has held many events. They are improving the event center space that is there now. He said moving the 18th green is a terrific improvement and moving the green away from the homeowners should be terrific as well. The baffled netting will allow for additional terrific improvements. He doesn't care what par the 18�' hole is as long as everyone plays by the same rules. He said all Town of Vail tax payers have paid for these improvements and they all need to be taken into consideration. The conference center funds were transferred to these projects to keep heads in beds. All of these improvements will do that. Raul Hamlin said event center was the term he thought the Town of Vail used to push the project. He said it's still a good idea but it has gotten out of hand. Why go through all the expense of oving the green if there is a conflict and it is limited for just 60-200 people. He said they need to look at the economic part of this as well as the golfers concerns. Town of Vail September 18, 2012 meeting minutes Page 7 Daly said an economic study is being done. Stephen Connolly said this isn't only about golf but golf is the economic generator for the VRD. This will impact all the VRD services if they get it wrong so we have to be careful. He thought the view was supposed to be of the Gore Range and not the neighborhood. Sound inside being mitigated is good but what about outside sound. They need to look at unintended consequences. Determining the size of the whole building is what should be looked at first. Design as close to the footprint of what is there now. The community space there is already at 120 people so adding space to accommodate 200 isn't that far to go. Colin Callahan said his family has a home on Sunburst Drive. He reviewed what he thought was happening with the plan. He said Donovan stated the green isn't being moved to improve the clubhouse. They are moving the green because of safety issues identified prior to this process in 2009. Council was informed about the safety issues of the 18�h hole and the clubhouse remodel simultaneously. Callahan asked if the existing foundation is being used to save money. Zehren has done studies out there and they have been trying to reuse as much of the current building as possible to be cost effective. The expansion of fourteen feet would be a new expansion. They need to get in with a structural engineer to see if keeping the foundation as it currently is, is feasible and possible. Daly said a homeowner has asked to flip the grill and the community space. Dave Baum said the background information they used stated it was important to keep those uses separate and by flipping it, it didn't allow for that. Art Abplanalp, representing several adjacent property owners to the golf course, said the town has received a lot of comments from the neighbors and community. He said it was 66 to 4 against relocating the 18�' hole. He said moving the 18�' hole was driven by the configuration of the clubhouse renovation. He referred to a design by a local architect that was drafted and configured on the north side and this worked for the neighbors. He said moving the events center on the north side does separate the users and does keep it from the neighborhood side of the building. When you look at the town's mission statement, destroying the 18�' hole doesn't support the mission and values of the town. There were about a half dozen issues that still need to be addressed from a workshop that was done. It's becoming evident that the use of the facility is going to be a greater problem then before. The neighborhood said they are entitled to peace and quiet. He said the neighbors don't want more than four events a month. He said this is in direct opposition of the profit and loss analysis. He said the safety matter on the 18�' green is nonexistent. Spending a million dollars is not a good use of public funds. Donovan said the public should go on to the VRD website for the VRD master plan, backup information and review the study and plan from 2010. Jim Lamont said he was in the dark. He asked Abplanalp about the building plans that were created for the neighborhood from a different architect to show a different project design using the north half for use of an events facility. Lamont said it would be helpful if the public has full disclosure of what was submitted to Council from the neighborhood. He wants the plan at the next meeting for public review. Donovan said the architect said it was confidential and to talk to Town of Vail September 18, 2012 meeting minutes Page 8 Abplanalp to get it. Lamont said this should come from the Council. Daly said they will make sure the plan is at the next meeting since a lot of people haven't seen that plan. Lamont asked Pedro about the placement of the community center where windows and sound baffling can be built where greater security can be given to the neighborhood and community event users that can be handled with sound screening for outdoor sound. He sees efforts are being made by consultants and staff to address issues the neighborhood. Some progress has been made. There is a concern that is not being listened to. From a policy standpoint about when a redevelopment project is done to this extent, usually all of the earlier sins are corrected. He said there should be some degree of area for a setback required from the property line and separation from neighbors. He said they could angle down the retaining wall roof structure and add grass and trees on the south side of the parking lot so neighbors see landscaping and the golf course doesn't lose parking spaces. Daly asked Pedro Campos to check if that section of the parking lot meets setback requirements. Braun said the parking requirements said it needs to be a 10 foot setback. This wall is considered a nonconforming legal use so they will leave it as is currently. Rogers said she would like to see what the cost would be. Braun said he would look at it as an alternative. Steven Blanchard asked if the kidney shaped area could be moved to the east instead of south which keeps it farther away from neighbors. He asked if the community space would require additional parking. Braun said the PEC would have to determine if additional parking would be required. Rogers said the Council can call up and overrule PEC decisions. Blanchard said the houses are closer on Sunburst than residences near ponovan Pavilion. Noise from events is a big concern. He said regardless of objections, the most important criteria seem to be generating income that is greater than the golf and neighborhood concerns. He said the obvious solution is to keep the community space the same size as it is now and leave larger events to the Donovan Pavilion. Daly said a look at the economic side will be looked at in four weeks and invited the public back to that meeting. Moffet said he keeps going back to the ballot language which was approved by the voters in Vail. He read into the record the ballot language from the 2011 Town of Vail election which included "expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community space." He said this ballot language and project was passed by Vail voters 801 versus 122. Donovan asked if at a future meeting, staff could show the Council how the outdoor spaces could be used in winter. As there was no further discussion on this item, a five minute break was taken at 9:12 p.m. The fifth item on the agenda was the Eagle River Water and Sanitation District (ERWSD) request for a utility easement on Tract C along Potato Patch Drive. Town of Vail September 18, 2012 meeting minutes Page 9 Tom Kassmel, Engineer with the Town of Vail introduced Todd Fessenden with the ERWSD to discuss the easement. Kurz recused himself on this item as he sits on the ERWSD board. Todd Fessenden said they are asking Council for permission on their plan to design the repairs in the Potato Patch area. He reviewed the PowerPoint presentation. He said the ERWSD is planning on upsizing the water lines that run along Potato Patch Drive next year. In order to do so, they must realign portions of the sanitary sewer main. This project will be an extremely challenging project due to the narrow width and access constraints along Potato Patch Drive. In order to reduce some of the construction time and impact to the residents, as well as cost, ERWSD is requesting to run a portion of the sanitary sewer main through Tract C, which is owned by the Town of Vail, in order to short cut one of the long switchbacks along Potato Patch Drive. He asked them to review and approve the requested easement with the condition that a restoration plan be approved by the Public Works Department and the Design Review Board. Daly said the general conclusion was to provide the easement with the caveat to do what they say they are doing including planting 12-foot trees and vegetate the area with a guarantee on the revegetation, as well as winter snow shedding and avalanche issues since its over a 60% slope. Fessenden said the only thing that could be a challenge is to get the trees and vegetation to take on the steepness of the slope. The Council expectation is to come back with a landscape plan and a geodic study that says this makes sense. Fessenden said they hope to proceed with their design with a landscape plan. Council was not opposed to approving this easement. Donovan asked why they would consider doing this on a slope this steep. Fessenden said it was a much shorter section to cut and there will be unknowns, however, this section is fairly short. The ERWSD wants to reduce long term maintenance. When weighed out, this is not ideal but is a better, more do-able project and saves two weeks construction time. The sixth item on the agenda was first reading of Ordinance No. 11, Series of 2012, an ordinance extending amendments to Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, to November 19, 2013, and setting forth details in regard thereto. Warren Campbell, Chief Planner, said he applicant requests the Council approve Ordinance No. 11, on first reading. Ordinance No. 11 is intended to extend the effective date for temporary regulations allowing informational and directional signs for public parking on private property from November 19, 2012, until November 19, 2013. No other change to the regulations is proposed. Extending the effective date of these regulations will allow the town to explore opportunities for incorporating these signs into a broader guest services enhancement program which includes signage and wayfinding enhancements. Donovan said there was language on directional signs but is there language staff can turn to for the rest of the signage. Campbell said they can add additional language. Moffet made a motion to approve Ordinance No. 11, Series of 2012, on first reading and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7-0. Town of Vail September 18, 2012 meeting minutes Page 10 The seventh item on the agenda was second Reading of Ordinance No. 10, Series of 2012, an ordinance amending Chapter 12-22, View Corridors, and Section 1410-3C, Site Planning, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the maintenance of adopted view corridors impacted by vegetation, and setting forth details in regard thereto. Warren Campbell, Chief Planner, said staff was back for second reading of the ordinance and that the language preventing the topping of trees is already in the code and already addresses it. Rogers made a motion to approve second reading of Ordinance No. 10 based on the findings in the memorandum, and the motion was seconded by Tjossem. Jim Lamont, representing the Vail Homeowners Association, said one of the view corridors being discussed that needs manicuring is the view of the Clock Tower and mountain near the Ski Museum. He said if we top trees is that acceptable for aspens. Campbell said this includes the topping of any trees in any of the view corridors. That has not been acceptable for any trees. He said an application to the PEC will need to be submitted and reviewed at the time of the submittal. �;;�,`� Moffet said he wants the language in the ordinanCe�fo �pecifically state "topping of the trees." It needs to be explicit. Campbell said the review process'I�as been around for a long time and it would be addressed on a case-by-case basi�. "�tl�f �nrouldn't allow any topping of trees during the process or feel it is appropriate. Furthet°discussion ensued. Campbell stated the DRB has not allowed topping of trees in the past. �Foley said it was in the memorandum finrice. Moffet said the memorandum is not the law. He said someone could interpret that differently. Donovan said the town would be presenting these proposals and if a staff member proposes they top a tree, there are bigger problems. Rogers said every possible scenario can't be in place and DRB is there to help enforce this process. Jim Lamont said if the public wants to opine on the subject, they can go to the DRB meetings or appeal to Council. And Council will decide if topping is allowed. Campbell said the appeal process would be in place to be used. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was a request to continue the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011, for Ever Vail to the November 6, 2012 public hearing. Warren Campbell, Chief Planner, requested the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011, for Ever Vail be continued to the November 6, 2012 public hearing. Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011, for Ever Vail to the November 6, 2012 public hearing and the motion was seconded by Donovan. Town of Vail September 18, 2012 meeting minutes Page 11 Daly said he suggested they don't go past Nov. 6�' as they are not making process. Further discussion ensued regarding timing and continuing the project. Campbell said they are continuing these ordinances and resolution as they are working on the DIA and a conditional use of the gondola and put the parking to rest. If they don't continue this project they would have to start over. Further discussion ensued. A vote was taken and the motion passed 6-1, with Foley opposed. The ninth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjou�n and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 9:50 p.m. RespectFull bmitted, Attest: Andrew P. Daly, Ma L lei onaldson, Town Clerk �I N O,c � ,�p .......... :' '•9� ; < . . . SEA ; . . . . . : : cOCOR •DO: A Town of Vail September 18, 2012 meeting minutes Page 12 Vail Town Council Meeting Minutes Tuesday, October 2, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Ludwig Kurz Greg Moffet Margaret Rogers Susie Tjossem Members absent: Kevin Foley 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. Jeff Layman introduced himself and said he is a Republican candidate running for Eagle County Commissioner. He said he would appreciate everyone's support in the November election. Interested parties can reach him via email at Jeff4EaqleCountv aC�.4mail.com or by phone at 970-376-7004. He will talk about any issues they think are important. Folks can also review the three candidate forums they have done so far on Channel 18. Mark Mueller said he has dealt with the fire matrix for 30 years and when it was initially produced, there was no sprinkling requirement. He explained how this challenging process evolved over the years. He said the final outcome is a good one for the town and he appreciates the legislation brought forward by the fire and building department. Jim Lamont, representing the Vail Homeowners Association, said he was told by people who lived in town that the bike race held on Sunday impacted their ability to get to their homes. He said this was not a good idea and wants this resolved in the future. Donovan said she heard a hotelier in Vail say how great the race was and it was a good time of year to bring it to Vail. The second item on the agenda was the Consent Agenda. On the consent agenda was the approval of Resolution No. 27, Series of 2012, the adoption of the Eagle County Pre-disaster Mitigation Plan Donovan asked about the list of hazards in the plan for Vail, if Vail was having to commit to doing the mitigation and spending lots of money now and but not be eligible for FEMA grants in the future. Kassmel said this plan was for FEMA and that Eagle County and Vail provide a list every five years to FEMA so they can try to gauge various disaster scenarios in Eagle County Town Council Meeting Minutes of October 2, 2012 Page 1 and other counties and to plan for possible circumstances. He said FEMA personnel review the reports to understand what various communities have done to be preventative and mitigate various situations in their area. Moffet moved to approve Resolution No. 27, and the motion was seconded by Rogers. Moffet made an amendment to the motion correcting the amount from $30,000 to $300,000 in the resolution and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 6-0. The third item on the agenda was the Town Manager Report. Stan Zemler stated the Vail Golf Course Clubhouse redevelopment application was submitted to the Planning and Environmental Commission (PEC). The PEC is set to consider the application at their hearing on October 22, 2012, to get an initial reaction from PEC on conceptual designs and to see if they have significant concerns or issues and to get their feedback as this is not a final design submittal. Art Abplanalp representing adjacent property owners, asked if an application will be filed. Zemler said an application was filed with the PEC today, October 2, for an October 22"d PEC public meeting. Abplanalp asked if there were three applications or one application that included a zone district amendment, zoning text amendment and a conditional use. Mire said he believes the application covers all three. The PEC hearing on October 22"d is only for conceptual review. Daly said there is a letter from Glenn Hilliard in the agenda packet with a proposed alternative clubhouse plan. Zemler said work has started on economic impacts, liquor license issues, viability, operational and impact issues. Interviews with others that operate similar facilities will also be added to the operating plan. There will not be very much information in two weeks as this is not on a fast track. Staff will continue to report to Council as this project progresses. Mire confirmed with Greg Hall that an application has been filed with the PEC that includes the zone district amendment, zoning text amendment and a conditional use permit as well as a conceptual development plan. The fourth item on the agenda was First Reading of Ordinance No. 12, Series of 2012, an ordinance adopting the 2012 Building Codes with amendments. Martin Haeberle, Chief Building Official, said the Building and Fire Appeals Board (BFCAB) held public hearings monthly over the last nine months reviewing the changes from the adopted building codes and amendments to the 2012 Building Codes for the purpose of recommending the adoption of the 2012 Building Code by Council. The BFCAB has eliminated many of the amendments in the town's current building codes that are now within the body of the uniform building codes or out of date with current technology. The BFCAB has also added provisions that address construction practices that are unique to Vail. He said public input has been a key factor in these changes. Daly said extensive time was spent at the earlier work session to review this information. Town Council Meeting Minutes of October 2, 2012 Page 2 Rogers made a motion to approve first reading of Ordinance No. 12 and the motion was seconded by Kurz. A vote was taken and the motion passed 5-1. Moffet opposed. Moffet said he believes the drafters of the building code have strayed into other areas they shouldn't. Rogers said if the public has questions to contact Mike Vaughan or Martin Haeberle. Vaughan said their contact information is on the town's website at www.vailqov.com. The fifth item on the agenda was second reading of Ordinance No. 11, Series of 2012, an ordinance extending amendments to Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, to November 19, 2013, and setting forth details in regard thereto. George Ruther, Community Development Director, said Ordinance No. 11, Series of 2012, is intended to extend the effective date for temporary regulations allowing informational and directional signs for public parking on private property from November 19, 2012, until November 19, 2013. Extending the effective date of these regulations will allow the town to explore opportunities for incorporating these signs into a broader guest services enhancement program which includes signage and wayfinding enhancements. Moffet made a motion to approve second reading of Ordinance No. 11, and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 6-0. The sixth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 6:23 p.m. Respec Submitted, Attest: Andrew P. Daly, M i� elei onaldson, Town Clerk .���r1 OF � �� ............:9/� : • . • : • ' SiEAL � . - . • . • . . . • . . ., .:. . c�� ORP00 Town Council Meeting Minutes of October 2, 2012 Page 3 Vail Town Council Meeting Minutes Tuesday, October 16, 2012 6:00 P. M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:10 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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 Proclamation No. 5, Series of 2012, honoring the service of the Volunteers in Police Service and declaring the Third Week of October as "Volunteers in Public Service (VIPS) Week." Mayor Daly read the proclamation into the record and proclaimed the third week of October as "Volunteers in Public Service (VIPS) Week." Council and the public congratulated all the VIPS in attendance. Police Chief Henninger also thanked the VIPS for their valuable contributions and volunteer efforts. The second item on the agenda was Proclamation No. 6, 2012, National Friends of Libraries Week. Council member Rogers read the proclamation into the record and proclaimed October 21-27, 2012 as "National Friends of Libraries Week" in Vail. Lori Barnes, Town Librarian, thanked the volunteers of the Friends of Libraries. The third item on the agenda was Citizen Participation. Jeanne Reid-White, representative of Bravo! Vail Valley Music Festival (Bravo!), thanked the Council for the past season's funding efforts for Bravo! and introduced their new Executive Director, Jim Palermo. Palermo said he looked forward to working with the Council and other community members. He invited guests, locally, nationally and internationally, to come and participate in the 2013 Bravo! season. He thanked the Council for their continued support of Bravo! Kristen Bertuglia, Environmental Sustainability Coordinator, recognized all the teams who participated in the Sole Power Challenge. The teams logged over 23,000 gas green miles and encouraged everyone to participate next year. Town of Vail Council meeting minutes of October 16, 2012 Page 1 The fourth item on the agenda was the Consent Agenda. There were six items on the consent agenda as follows: 1) Approval of September 4 meeting minutes and September 18 meeting minutes; 2) Resolution No. 28, Series of 2012 - Holy Cross Easement for Vail Golf Course; 3) Resolution No. 29, Series of 2012 - Summit County MOU for the Provision of Emergency Dispatch Service Staffing; 4) Resolution No. 30, Series of 2012 - TOV approval of 2013 VLMD Budget; and 5) MJG Trust License Agreement. Moffet made a motion to approve the consent agenda and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was the Town Manager Report. Stan Zemler, Town Manager, discussed the timing on the renovation for the Ford Park softball fields. He said the renovation has begun on the softball field and the amphitheater. Part of the renovation of the softball fields that add turf that was planned in 2013, but it is being moved back and is scheduled for the summer of 2014 as they need sufficient time to establish the turf. Dwight Henninger, Vail Police Chief, discussed the Bicycle Dismount Zone in Vail Village at the end of Bridge Street and Gore Creek Drive. He said this could be accomplished without any additional legislation. Daly said the Council needs to discuss this item further. Zemler said they will schedule it for a discussion at a future work session. Greg Hall, Public Works Director, discussed the Winter Parking Program and Rates for the 2012-2013 winter season. Zemler said the parking rates haven't changed from 2012. Daly said he doesn't see why the silver pass is restricted. Hall said they never sell out each year and it is limited to one per business. Daly said every business should have the ability to buy one and to get rid of the limit of 50 silver passes per village. The final item under the Town Manager's Report was a discussion on a two-month vacancy on the Commission on Special Events (CSE). Zemler asked for the Council's preference for approving a process for the two-month vacancy. Either forgo the normal process of posting and publishing, as has been suggested by the CSE, and make an appointment from the most recent applications for previous vacancies from applicants that submitted letters of interest from June 2011 to June 2012 that are still interested; or leave the position vacant until the position comes up for renewal in December, 2012. Zemler said telephone calls have been made to all the applicants on the list from 2012. All the applicants expressed interest, except for Sarah Franke who has time constraint issues and Janyce Brandon, who had not responded at this time. Dave Chapin and Jeff Andrews also indicated their interest as of last Friday after the agenda packet was sent out. Sybill Navas, Special Events Coordinator, stated two funding meetings were to take place on November 7 and 15, 2012. Foley stated Dave Chapin was very familiar with the CSE process as he was on the CSE for many years in the recent past. Foley made a motion to appoint Dave Chapin for the finro month period and Kurz seconded the motion. Further discussion ensued regarding having someone that knows the CSE process and the necessity of needing to be up to speed on the funding process and issues. A vote was taken to appoint Dave Chapin to the CSE two-month vacancy and the motion passed unanimously, 7-0. The sixth item was a request to enter into a license agreement with David & Alexandra Ransburg for existing private improvements, a patio 8� water feature, on town-owned stream Town of Vail Council meeting minutes of October 16, 2012 Page 2 tract (unplatted), adjacent to 463 & 473Beaver Dam Road/ Lots 48�5, Block 4, Vail Village Filing 3, and setting forth details in regard thereto. Rachel Dimond, Planner, said a duplex was built on the subject property in 1988, with no encroachments onto Vail Resorts-owned adjacent property shown on the plans. In 1990, the applicant was granted permission to subdivide the property into three parcels, including one parcel for each side of the duplex and a common parcel. In 1990, Vail Resorts and the applicant submitted a number of documents to the town stating an encroachment agreement would be executed or said the encroachments would be removed. The encroachment agreement was never executed, but the encroachments remain. In 1999, Vail Resorts deeded the subject stream tract to the town. On July 19, 2011, Council unanimously approved a zero tolerance policy for encroachments into town-owned stream tract in order to improve the health of Gore Creek except where encroachment have been approved by the town. Because the town approved the encroachments in 1993, the Community Development Department recommends the Council approve this request, with the following condition: "The license agreement shall include a clause that allows the license to be revoked by the Town of Vail at any time for any reason." Rogers asked if this agreement approval could hurt the stream. Dimond said the existing pond helps the stream with pond filtration. Rogers said damage to the stream has been an issue, but if this is helping the stream she is in favor of it. Donovan asked how far these improvements are from the stream. Jack Hunn, representative for the Ransburgs, said it is 270 feet from the stream. Donovan asked if ponds are subject to senior water rights. Mire said this is not precedent setting. These are considered on an individual case-by-case basis. Hunn said this issue came up when an improvement location certificate (ILC) was done or they wouldn't have found this issue. He said Dave Ransburg and his attorney were in attendance, as well, as and Jim Wear was also in attendance representing the purchaser of the property. The Ransburgs appreciated staff's recommendation. They requested a more permanent easement and asked to remove the clause that states it can be revoked in the future. He said their circumstances are unique. The Ransburgs did all the right things. He said the Ransburgs signed an agreement in the past but they can find no document that the easement was signed by Vail Associates (now Vail Resorts) or of the document being recorded. He handed out a letter from Gerry Arnold, paralegal to Larry Lichliter who was an Executive Vice President with Vail Associates at the time, stating that Vail Associates, Inc., was going to approve the easement. He also handed out a diagram with the easement information which is to be added to the evening's record. He requested the Council consider approval of this easement without the condition: "Only revocable for some public purpose by the town." Further discussion ensued. Rogers made a motion to approve the easement with the change that it be allowed to be taken back only for public purpose. Moffet asked to read and refine the motion to read "the town grants to the Ransburgs and their successors in title to 463/473 Beaver Dam Road, a license that permits the encroachments to exist on the tract until such time as the town requires use of the portion of the tract upon which the encroachments are located and so long as the encroachments are properly maintained and not enlarged." Rogers amended her motion to use the language Moffet read into the record. Moffet said this language is more restrictive and is what the applicant wanted. Moffet seconded the motion. Mire asked that language to the motion be added, "that the license agreement is to be approved by the Town Attorney." Rogers amended her motion to include the language. Moffet seconded the motion. A vote was taken and the motion passed 6-1, Donovan opposed. Town of Vail Council meeting minutes of October 16, 2012 Page 3 The seventh item on the agenda was the Colorado Department of Transportation (CDOT) Project Update regarding chain stations along Interstate 70 in Vail, Colorado. Greg Hall said the chain station in East Vail was at capacity and has safety issues. They are looking at what is the best solution for this area. CDOT is looking at four alternatives and is in the public input stage. CDOT did a mass mailing. He said East Vail residents were invited to a public meeting approximately four weeks ago at the Grand View to give their input. Michelle Hansen, an Engineer from Stouflous and Associates, said CDOT has contracted with her firm to study and identify improvements to increase the capacity of safety for the chain up and chain down stations in Vail along I-70. She reviewed the power point presentation with Council. She said they are currently gathering input from the public. They are also looking for input from Council. She explained the goals, alternatives, lighting, chain stations alternatives and pros and cons of each alternative. Further discussion ensued regarding the alternatives and pros and cons of each. Rollie Kjesbo said he was an East Vail resident on Lupine Drive and a local contractor in the valley. He said the first he had heard of this discussion was last Sunday afternoon. He said there is a breakdown in communication with folks who have mail boxes versus having mail delivery to a street address. He said the chain up station used to be adjacent to Booth Creek Drive and the diesel fumes would go down into this residential area. Then the chain up station was moved to an area where there are no residences. He is concerned about moving the chain station near the residences because of the fumes. Greg Hood, representing the owners of 3110 Booth Creek Drive, said they object to the proximity of the chain up station at mile marker 179.3 because of the fumes. Bob Reed, a resident of East Vail, wants to have more public meetings before this is final and believes it would be worthwhile to continue discussions with the public. He asked what constitutes capacity of the current chain up station and how many days they were at full capacity. Hansen replied the capacity is about twenty four spaces. Tjossem asked what the target number of spaces should be. Hansen said they have not determined that number and are trying to improve what is there now. Christy Hanson, a resident on East Gore Creek Drive, said she has objections due to lighting and fumes. She said residents in East Vail were not notified of the CDOT meetings regarding this issue. She asked how many times a year or in an average season this particular chain up station reached capacity. Hansen said last season it was about 10-12 times but it was a mild winter. In previous seasons, iYs much more due to weather patterns. Hansen said there hasn't been any mention regarding any environmental studies. She also said the east end of the chain up station usually has open lanes and all the trucks are jammed in the west end of the chain up area. Moffet asked Hansen if an environmental impact study has been done. Hansen said that would have to be done prior to any changes. Jurgen Henz, a Booth Creek Drive Resident, said no one he has spoken to has received a letter from CDOT about getting public input on this project. He said putting a chain up station west of Dowd Junction is the most acceptable solution. If they expand the chain up station in Vail, Vail Town of Vail Council meeting minutes of October 16, 2012 Page 4 will be a lit parking lot. He said he has seen the western end of the chain up station congested while the eastern end is vacant. Hansen said conditions don't tend to be bad enough to require chain up activity near pown Junction. Rogers said Dowd Junction snow conditions are typically similar to Vail. Pat Larken said she represents a Booth Creek Drive property owner and they support making the chain up station near the golf course larger and extending it in the golf course area to the west. She said they just heard about this topic this weekend as well. Jim Lamont, representing the Vail Homeowners Association, said they have been through this process again and again over the years. CDOT had made a promise there would be no more lanes on I-70. The community needs to say no to more lanes on I-70. If they expanded this area, he said constructing berms or sound walls will be the next project. He stated the management plan limits the number of trucks going eastbound at Dotsero, when chain-up stations are used. He said there isn't a capacity issue as they can stop them at Dotsero. There are systems in place to access all this information. They also stop trucks going west at Copper Mountain and west of Vail. There is no need for Vail to absorb any more impact from I-70. He said it is time to draw a line in the sand and go to the Governor and say no to expand the chain up station in Vail. Martha Miller, Resident Engineer with CDOT, said some good ideas were mentioned by Lamont. She handles capital improvements in this area. They have been successful in getting funding to continue fiber optic from Vail to Dotsero. There could be an opportunity to use ITS smart systems. They were also given money from the Intermountain TPR in the amount of $500,000 for safety improvements. She is aware that truckers have concerns about moving toward the east side of the chain up stations and not knowing if there are openings there. There is a risk in them doing this. She is an advocate to provide a new lighting design to take an unsafe situation and improve it. Rick Sarchet, Region 3 Traffic and Safety Engineer, said signage is used at mile marker 12 west of Grand Junction to display weather and road conditions when the chain law is in effect. There are 20 truck spaces at Dotsero and the trucks are released 20 at a time incrementally during storms. They can store up to 800 trucks at Dotsero and sometimes they go over that capacity. Council is concerned about adding lanes near residences in East Vail, so the possibility of moving the chain up stations down to Dotsero or past Dowd Junction should be considered. They also want to know more about lighting impacts and making sure local residents are given advance notice about the next public meeting. Further discussion ensued. Daly asked CDOT representatives if they can return and have another discussion with Council and the community at the November 20, 2012, public hearing so Vail residents can attend. CDOT will return on November 20, for a public discussion. Council asked to have lighting impacts and all other information from CDOT available prior to the next meeting. CDOT will give the information to Greg Hall and the town will post it on the town's website prior to the November 20, 2012, meeting. The eighth item on the agenda was second Reading of Ordinance No. 12, Series of 2012, an ordinance adopting the 2012 Building Codes with amendments. Town of Vail Council meeting minutes of October 16, 2012 Page 5 Martin Haeberle, Chief Building Official, said they are back for second reading of Ordinance No. 12. Donovan said there were a handful of emails regarding the sprinkler system requirements. She said it seemed there were valid concerns on this issue and the concerns should be addressed. Haeberle said he saw two emails. The sprinkler system requirements haven't changed from 2009. They were only presenting them to improve how the standards were being utilized by the fire department. The important aspect is that nothing changed from what they have been doing already in the ordinance. He said these were minimum national standards and are the basis of determining whether a building is built to standards with the current technology available. He will be working with companies in the industry so they all understand the code updates and changes. Jim Lamont asked if the town is adopting the code changes without a very thorough evaluation. He wants to know if there are consequences that haven't been discussed and need addressing. Rollie Kjesbo said he is a contractor in Vail, and is on the Building and Fire Code Appeals Board (BFCAB). He said he is confident the board and staff reviewed the code and went a long way to simplify what was put in the code. He said the town should be confident of Haeberle's ability to run the building department and to interpret the codes appropriately. Daly thanked Kjesbo for his work on the BFCAB, this project and the Design Review Board (DRB). Tjossem asked if they needed to change the language to make it easier to read. Further discussion ensued. Haeberle said the Uniform Building Code (UBC) states all single family homes shall be sprinkled. The BFCAB, fire and building staff thought this was too restrictive. He said there is a perception issue and the fire and building department will need to communicate what, when and if a sprinkler system would be required. Haeberle said the ordinance provides the legal language so the UBC could be enforceable. He recommended the Fire and Building Departments hold a series of open houses and community forums to make the community aware of whether there are impacts. Kurz made a motion to approve second reading of Ordinance No. 12, with amendments and the motion was seconded by Donovan. Moffet said he would be voting against this ordinance due to social engineering by the UBC board members desiring to try to achieve perfect safety regardless of the cost. A vote was taken and the motion passed, 6-1, with Moffet opposed. The ninth item on the agenda was first reading of Ordinance No. 13, Series of 2012, an ordinance amending the construction sign provisions and repealing the temporary site development sign provisions of Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto. Bill Gibson, Planner, reviewed the memorandum with the Council. He said this ordinance addresses two different signs: the construction signs and temporary development signs. They are trying to avoid defacto real estate signs. The �ecommendation from PEC included one modification in which the sign size be reduced in a residential zone to eight square feet. Town of Vail Council meeting minutes of October 16, 2012 Page 6 Moffet made a motion to approve first reading of Ordinance No. 13, with the condition added to limit residential signs to eight square feet. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was first reading of Ordinance No. 15, Series of 2012, an ordinance amending Title 7, Vail Town Code by the Addition of Chapter 10 Regarding Commercial Transportation Regulations; and Setting Forth Details in Regard Thereto. Dwight Henninger, Police Chief, stated at the July 17, 2012, Council meeting direction was given on managing the transportation organizations in town to reduce congestion. He reviewed the memorandum with Council. He said they modeled the ordinance after the Eagle County Airport ordinance, which had a lot of input from transportation and lodging folks when it was drafted. He stated this would make it easier as one set of rules would then be followed in Eagle County. The airport rules and regulations are stricter than the town staff wanted, so they made Vail's more lenient and less expensive to implement. Rogers asked if it the cost was $50 fee per vehicle or per company at the airport. Henninger said it was per vehicle. He said the permitting system will help track violations. Currently, there are no fees paid to the town. Henninger also reviewed problem areas, drop off areas, definition of different types of vehicles, vehicle sizes in different areas and where each would be permitted. Council asked about regulations on Hanson Ranch Road, possibly capping the price to $50 per vehicle and up to $500 or $1,000 per company total. Henninger said he looked at the Public Utility Commission (PUC) regulations at Eagle County Airport and Denver International Airport (DIA) with limousines and taxis. He said hotel shuttles don't pay any PUC fees. Further discussion ensued. Henninger said the funding structure was suggested to recoup management costs. Donovan asked why notifications couldn't be done by email versus regular U.S. mail. Mire said violations run into issues of penalties by a graduated fee scale and general penalty clause which is up to six months in jail. It is not appropriate to serve someone if they are facing jail time by serving them via email. Mire said they could work it in if there isn't a penalty of jail time. Warnings and monetary fines may be able to be done via email. He will research this further. Rogers said section 7-10-3 needs to be clarified that each operator pays a fee of $50 for each vehicle. Further discussion ensued. Greg Hall said hotel shuttles can use West Meadow Drive and 80% can go underneath the Lionshead Welcome Center. Those who don't fit will go on top or during busy times they can use the bus lane on the Frontage Road. Staff will be monitoring this issue this winter. He said the transit stop on top of the Frontage Road was not well received from a high-end guest service standpoint. Daly said other drop off areas were near Solaris, Meadow Drive and Check Point Charlie. Henninger said they try to limit use in those areas. Courtesy cars go into Check Point Charlie and turn around. Meadow Drive is not a drop off area and is not allowed, as well as Solaris and courtesy cars on Vail Road. They will look into providing a space at the Main Vail Fire Station. Jonathan Levine, owner of Hummers of Vail, said he hasn't had an opportunity to provide input on this subject for over nine months. He said he was given three days notice to participate in Town of Vail Council meeting minutes of October 16, 2012 Page 7 this discussion. He has done a lot of research and is disappointed with the costs, Big Brother tactics and the intricacies suggested that can be handled differently. He said the issues that need to be addressed are the individuals who misbehave, the high volume areas at certain times of the day and the crunch on hotels. He said the requirement to allow this model to work requires surveillance, which they have at the airport which is why this works there as every offense is documented with a picture. He wants this ordinance to apply for the winter season only and not apply when there isn't anyone in town. World class customer service is necessary. The restrictions at the Vail Transportation Center don't work. If they allow access, it needs to be time based. He said to tweak last year's program, evaluate it, have severe penalties to stop offenders and have them be accountable. Donovan clarified that this ordinance was requested by Council not staff. Farrow Hitt, General Manager for Simba Run Condominiums, said this has been a problem for a long time. Everyone knows where people want to go. He said the Council should not entertain drop offs at the Lionshead Transit Frontage Road area for guests. This is taking the guest farther from the lift and is not acceptable. He said Council needs to address this issue with Ever Vail so guests have easy access to the mountain. If Vail is truly about world class guest services, restricting time and places at drop offs must be reconsidered. The plan is too restrictive and may have unintended consequences. Lamont said some of the problems can be solved with Ever Vail. He asked about the permit system and types of vehicles allowed at certain locations, without respect to numbers. He asked if this can this be implemented during peak periods instead of all the time. Daly said there is currently no regulation and they would like some regulation. The town will see how this works through the Christmas holiday and revisit the issue. Lamont doesn't want to lock this in place with an ordinance. He said enforcement with television cameras is good. Jeff Babb, VRI, asked if an ordinance was needed to try something different. A majority of vehicles have logos. He said it would be simpler to require every vehicle to have a logo and a number to regulate. Henninger said enforcement without an ordinance would be hard to enforce. Some vehicles are prohibited to have logos on their vehicles, such as luxury limos. Mire said the town could try something without an ordinance, but there is a need to pass an ordinance to be able to enforce it. Brian Kelso, with High Mountain Taxi, said it was great that the town is trying to enforce this problem. He said the insurance requirement should be kept consistent with the PUC insurance requirements and enforcement of the PUC laws. He said putting stickers on the windshield of a vehicle is unreasonable as they replace windshields often in winter. He requested that the stickers not be in the front of the car but possibly in the back window. He said the requirement of having workman's compensation for employees doesn't apply to taxis. In the taxi business, the drivers are independent contractors and workman's compensation is not required for independent contractors. Moffet made a motion to approve first reading of Ordinance No. 15, and the motion was seconded by Kurz. Further discussion ensued. Council is willing to move forward with the ordinance and will review the outcome after the holidays. If there are obvious flaws, the town can address them, tweak the ordinance as necessary and direct staff to find workable solutions. Mire will address and review the suggestions and issues that were raised and will provide information at the second reading of the ordinance. Town of Vail Council meeting minutes of October 16, 2012 Page 8 Foley said he will be voting against approval as he wants the onus to be on the operators. The town should continue to monitor the situation before adding an extra layer and cost to the transportation providers. Mire said this ordinance, if passed on second reading on November 6, would be effective five days after second reading, which is November 12, 2012. Rogers said thirty days is not enough time to revisit this issue. Donovan suggested the Council revisit this issue after PresidenYs weekend. Henninger said he could have a meeting with users in January and report back to Council in February to review. A vote was taken and the motion passed, 6-1, with Foley opposed. The eleventh item on the agenda was Resolution No. 31, Series of 2012, a resolution repealing and reenacting the Town of Vail Employee Housing Strategic Plan. Rogers made a motion to continue Resolution No. 31, Series of 2012, to the special work session on October 23, 2012, at 4:00 p.m. The motion was seconded by Donovan. A vote was taken and the motion passed, unanimously, 7-0. The twelfth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 9:10 p.m. Respec y Submitted, Attest: Andrew P. D , Mayor � � 'j� � ���, *! � . . . . �o N,OF� = •�. : . : SEAL � . . . . : • . . `�: �ORP,� Town of Vail Council meeting minutes of October 16, 2012 Page 9 Vail Town Council Meeting Minutes Tuesday, November 6, 2012 4:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet 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 the Consent Agenda. On the consent agenda was the approval of the October 2 and 16, 2012, meeting minutes and approval of Resolution No. 32 and No. 33, which were both Colorado Department of Transportation (CDOT) leases for the Frontage Roads. Rogers made a motion to approve the October 2, 2012, meeting minutes and the motion was seconded by Tjossem. A vote was taken and the motion passed, 6-0-1, with Foley abstaining as he wasn't at that meeting. Foley made a motion to approve the October 16, 2012, meeting minutes and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7-0. Donovan made a motion to approve Resolution Nos. 32 and 33, and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. The second item on the agenda was the Town Manager's Report. There was no report. The third item on the agenda was the Mill Creek Property appeal at 303/305 Mill Creek Circle. Warren Campbell, Chief Planner, stated the Design Review Board (DRB) approved this with conditions. Campbell said the DRB felt the landscaping was adequate. Council asked about the distance from the bike path, adequate landscaping, the retaining wall, grading and the length of the wall, and the encroachment on the stream tract from the patio. Pam Hopkins, a local architect and Planning and Environmental Commission (PEC) member, stated she was representing two owners, the Berkowitz' and William's. These property owners are adjacent property owners to the 303/305 Mill Creek Circle property. The owners are concerned about the encroachment of the swimming pool onto the setback. Town of Vail Council meeting minutes of November 6, 2012 Page 1 Donovan said she disagreed with DRB's findings regarding the placement of walls and fences. Rogers said the town boards do a thorough analysis. She said it would be easy to override the DRB's decision but the findings by the DRB were unanimous. She is not going to override their decision. Rogers made a motion to uphold the DRB decision based on the findings in the memorandum. Tjossem seconded the motion. Further discussion ensued. Kyle Webb, Architect, reviewed the power point presentation with Council. He said the neighbors didn't have any issues with the house. The conditions of the approval with DRB have been addressed and the grade of the wall is being raised only in the middle portion of the wall. A vote was taken and the motion passed, 4-3, with Daly, Donovan and Foley opposed. The fourth item on the agenda was the Lionshead Welcome Center Sign Package appeal at 395 East Lionshead Circle. Warren Campbell, Chief Planner, stated on October 3, 2012, the DRB unanimously approved, with conditions, an amended sign package for the Lionshead Welcome Center. The approval included the condition that the information "i" proposed for the north and south sides of the tower element was not included in the approval. The DRB recommended the Council uphold the DRB decision based on the findings in the memorandum that was attached to the agenda. Donovan asked about the sign above the entry way and drop off signage and asked if they can made a decision based on necessity and not following the town's codes and DRB findings. Campbell said he understands that the Council can speak to the uniqueness of the building and maybe make findings that no error was made but that a need to get people to the building is necessary. Tjossem said the Council was told in previous meetings that a tower with a beacon of light would be part of the building: there were multiple meetings with merchants and community members stating the building would be well signed. She was frustrated that the tower was reduced five feet and now the building can't have an "i" on it. In the future, she wants to know what the findings are from the PEC and DRB before the Council funds a building. Donovan said the intent was to pull people down to Lionshead. Zemler stated he was provided current information on the number of guests visiting the Lionshead Welcome Center. He said they should address the appeal first and then have an additional conversation on how to get people to the facility. Rogers agrees with Tjossem and feels that Council was victim to a bate and switch. She said locals know where to go, but guests do not. Moffet said he agreed with Donovan and said the DRB didn't go out of their approval process. Moffet says if they apply the law as written they need to uphold the DRB decision. Tom DuBois, chairman of the DRB, said they don't usually see the signage until after the initial approval. This was the second application for signs on this building. He said he drives past Lionshead twice a day and says there is signage to help folks find their way to Lionshead. You can't see the "i" from the west. There is a new wayfinding program that will help direct people in this area. Also this is the newest building in Lionshead and draws people to the building on its own. He said the town has a very effective sign program. Town of Vail Council meeting minutes of November 6, 2012 Page 2 Moffet made a motion to uphold the DRB decision and the motion was seconded by Kurz. Further discussion ensued. Council members want to revisit the site and find other alternatives that may work at this building and to review sign standards as they are inadequate to address information centers. A vote was taken and the motion passed, 6-1, with Rogers opposed. Further discussion on the town processes with a"looping system" when the town is the developer and when the project is modified through the PEC and DRB process ensued. If the project is modified after Council approves it, changes and information need to get back to the Council. Zemler said they need to find out what didn't work and should not jump to conclusions or second guess the process. He wants to look at trip points and not just guess at what happened. He said the numbers have doubled from moving the booth from the Frontage Road to the new space. He said if Council wants a better solution, staff will come back to Council with alternatives to consider. The fifth item on the agenda was a Council dinner break for one hour. Council took a dinner break until 6:10 p.m. The sixth item on the agenda was Citizen's Participation. Nicola Ripley, with the Betty Ford Alpine Gardens, Wendy Rimel with the Vail Veteran's Program and Traci Flowers with the Vail Symposium requested Council declare December 4, 2012, as Colorado Gives Day. They read the declaration and the twenty nonprofits taking part in Colorado Gives Day in Eagle County into the record. Moffet moved to declare December 4 as Colorado Gives Day in Vail, and the motion was seconded by Donovan. Further discussion ensued. It was determined that the proclamation would be read into the record and approved at the November 20, 2012, meeting prior to Colorado Gives Day. The seventh item on the agenda was a recap of the four Ever Vail development applications and the action taken on the master plan amendment. Mire said they are continuing all the applications to the December 4, 2012, meeting for decisions and approvals for first readings. Warren Campbell, Chief Planner, recapped all the applications and approvals to date on all the reviews and what still needed to be addressed. He also reviewed the memorandum and power point presentation with Council. Campbell requested Council continue the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011, to the December 4, 2012, public hearing. Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8 and 9, to the December 4, 2012, public hearing and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was first reading of Ordinance No. 16, the 2013 Town of Vail Budget. Kathleen Halloran, Budget Manager, stated the budget appropriates a total of $55.3 million across all funds for 2013. She discussed the sponsorship for the U.S. Burton Open, Birds of Prey and benefits and salaries in more detail. Daly said the budget is approximately balanced. Town of Vail Council meeting minutes of IVovember 6, 2012 Page 3 He said if they intend to provide money to the U.S. Burton Open they would have to tap the general fund balance. Daly wanted to address compensation as staff has proposed a 4% increase. He asked Krista Miller from Human Resources to address this item. Miller stated regression charts were included in the agenda packet. She stated these were actual wages paid by both the town and the other entities. She reviewed the charts in further detail with Council. She said staff compared with the usual comparison groups as they have done in the past. The Town of Vail was also compared with Mountain States Employer survey statewide with both public and private sector entities. The figures are actual annual based wages paid to specific people in organizations. She said they balance out with folks that are at entry level and people who have been working for the town for years. Daly asked if certain positions are capped. Miller said every position is capped except those that report directly to Council. Miller says once they are capped they cannot get a base pay increase. They may get a bonus and that has to be approved by the Town Manager. She said 5-10% of staff is capped. She said the charts were for salary only and didn't include benefits. She said a five-year history was asked for and in 2007 Vail paid slightly higher than the average payer. However, in 2012, the town is a below average payer, and across all the other payers there is about a 3.0% to 3.5% difference. Miller said Vail evaluates, tracks and compares other mountain resort communities. She said the comparisons show Vail below by about 4% and this is why staff is asking for a 4% increase. Six out of eight entities identified what they are proposing for next year. Vail is about a one percent premium on retirement benefits and below average for health benefits. She said trying to get a true apples-to-apples comparison is difficult. The town is targeting a wellness-based health program. There is only one health program next year and that has a wellness component attached. Daly stated he has asked members of the Colorado Association of Ski Towns (CAST) at their last meeting for their salary figures on what they have and he will have comparisons at the next Council meeting. Daly said that he also checked with the Town of Gypsum, which has a 3% increase; the Town of Eagle is giving no raises and is struggling; and the Town of Avon is getting their salaries to their 2010 levels (which is an increase) but plan no increases beyond that figure. He also said Eagle County has a 3% merit pool this year. Zemler said in fairness, only one of those towns is Vail's peer group. If Council is looking at shifting direction, staff needs to know this. Daly said in a six year salary history, staff has done well with salary control, but he wants more background information. Rogers said rather than having a 4% merit increase, she prefers splitting it and using 2% merit increase and a 2% bonus. She wants high performers to be rewarded accordingly. Foley wants 2012 actuals. Halloran says there have been vacancies throughout the year so there are savings. Moffet said he wants to compare figures to Vail's competitors. He said Vail is not like regular municipalities. He stated he already feels town staff has higher exemplary performances and interaction with customers that you don't see in other municipalities and other entities. Staff is also challenged with higher housing costs and transportation. Most of the staff have to drive or take a bus to get to work in Vail and have to pass other municipalities to work here. They could go work at other places. It is important to maintain a culture of high performance employee behavior. The Council needs to be mindful of those challenges. Donovan agreed with Moffet. She said the 3.5% to 4% will be on par with places that Vail compares itself to. She is comfortable with the base salary increase of 4% to get back to being competitive. Kurz agrees Town of Vail Council meeting minutes of November 6, 2012 Page 4 with Moffet and Donovan's assessment and believes the success the town has had is in part, due to the town employees. He is comfortable with the 4% increase and feels it is appropriate. Daly said the general fund is approximately a 61/39 split and will require a super majority split that has been in place for the past five years. Rogers doesn't feel enough money has been given to special events and wants more money allocated to them. She said the easiest way is to change the allocation from a 61/39 split to 62/38 split. Moffet said he is not opposed to the idea but the CSE has a special event budget and he is not convinced they need more. The Council should be circumspect about additional spending. If the Council is comfortable that marginal spending will pay for itself, fine, but if not, they need to be confident this is the way to go. Rogers said the CSE has done an analysis and they will always have event producers who want funding. The CSE assesses the value of all the events and does a detailed analysis of what works and what doesn't. She said marketing the events well is what it takes to have a successful event. Tjossem agrees that special events don't have enough money and they are the economic driver of the town. She wants to tap into the town's reserves to pay for additional special event funding. She wants the same percentage for CSE as the Vail Local Marketing District (VLMD) to grow special events. However she acknowledged that the VLMD has a permanent funding source to use and special events do not. Daly said another way to fund special events is to build in additional revenues, have a bigger surplus and allocate more to special events. Moffet said money is seductive. He is inclined to budget to a baseline for special events and permit luxuries incrementally when they outperForm the baseline budget. The special events need to continue to out perform best guesses and the Council needs to be confident this will work. Daly said to keep in mind they are reducing reserves by $875,000 for iconic events such as the 2015 Championships and U.S. Burton Open. The Council still has very big funding choices ahead that will impact the reserves. Further discussion ensued. Daly asked to get a report from CSE and Adam Sutner and get suggestions on how they can spend what they have now and what events the CSE would use additional funds on. Zemler said instead of giving carte blanche to the CSE for funding, in the past, the Council has set aside a set amount of money for other possible events that may have value in the future. Then the Council can allocate those funds. The Council can change the split in the future. The simple way is to budget a set amount of money to set aside and the CSE can bring an event to Council to see if they want to fund it. Foley said additional marketing dollars for special events should come from the VLMD and not from the CSE. Peggy Wolfe, representing Highline Sports, gave a presentation on the U.S. Burton Open request and what the benefits are for the community. She said this event is for Vail Mountain and the snowboarding community. The funds would make this a lifestyle event and have more parts of the event in town and off the mountain. They are showcasing this event and it has a 360 degree approach. There would be kid's snowboarding lessons and a terrain park at Solaris; a live feed of the competitions in Solaris and also brings events and activities into the town. This would get people involved in what snowboarding has become. Rogers asked what the total budget was for this event. Wolfe said the total is $3.5 million, which includes the request of $500,000 from the town. Vail Resorts, Inc. is contributing $100,000 cash and $668,000 of in-kind services. The dates of the event are February 25-26, Town of Vail Council meeting minutes of November 6, 2012 Page 5 2013, for practice and February 27-March 2, 2013, for the competitions. Currently, the sponsors are Mini Cooper, Nokia, Pepsi/Mountain Dew and Paul Mitchell. Donovan said U.S. Burton Open is the premier, proven snowboarding event in the world. Additionally, it would provide a slope style event and half pipe event which would start to get equal time between alpine skiing and snowboarding. She said the staff recommendation of $250,000 for the first year is reasonable. She asked if this event would be broadcast internationally and nationally. Wolfe said yes. Rogers said the biggest success televised for Vail was the U.S. Pro Cycling event. Council asked if in-kind services have been requested. There will be daytime events and two concerts at Solaris Plaza so there will be in-kind services requested. Donovan asked about the ROI with Stratton Mountain. Moffet said marginal room nights will be up and which raises revenues for the town so he wants to be careful. He is inclined to be as reasonably supportive as possible. Wolfe will come back and address what the town gets for a$250,000 contribution versus a$500,000 contribution, plus she will give a detailed account of what in-kind services will be requested. She said there will still be events in town regardless of the contribution amount. Additional 2013 contribution requests, capital projects funds, RETT funds, heavy equipment fund, VLMD funds and conference center funds were discussed. Further discussion ensued regarding funding of the Betty Ford Alpine Gardens (BFAG) at a higher level. Ripley stated the town doesn't fund the BFAG to the degree other municipalities fund their gardens. Gwen Scapello, a member of the BFAG board, said the gardens could possibly be funded at a higher level through Real Estate Transfer Tax (RETT) funds. The BFAG is specifically a destination draw to Vail for several organizations and individuals. It has a unique and singular national plant collection of Colorado alpine plants. Horticulture Magazine is highly recognized in the botanic garden community and this garden has received awards. They are growing and improving, open twelve hours a day, seven days a week. Operating costs will increase to cover transportation costs to get people back up to parking due to the construction in Ford Park. Daly, Donovan and Kurz stated they didn't want to fund operational expenses for the BFAG. Moffet made a motion to approve first reading of Ordinance No. 16, and the motion was seconded by Donovan. Daly stated the budget may be adjusted after the Council hears the CSE funding requests at the November 20, 2012, hearing to see if the special events budget would be amended and if the split may be amended. Moffet made a motion to amend his motion to have second reading at the December 4, 2012, public hearing. The amended motion was seconded by Donovan. A vote was taken and the motion passed, 6-1 with Rogers opposed. The ninth item on the agenda was first reading of Ordinance No. 14, an ordinance repealing and re-establishing Special Development District No. 34, Flaum — The Valley Phase V. Bill Gibson, Planner, summarized the memorandum stating they want to change the EHU exchange in the SDD #34. Dominic Mauriello, with Mauriello Consulting Group, representing Jim and Cookie Flaum, stated the objective was to comply with the employee housing exchange program. However, it was based on old formulas and was inequitable. The dual purpose of this request is to correct the Town of Vail Council meeting minutes of November 6, 2012 Page 6 exchange program and have additional gross residential floor area (GRFA). He reviewed the applicant's power point presentation with Council. If the GRFA is taken off, it would be 787 square feet over allowable GRFA. The 15% lot area is still less than the 18% that is average in this neighborhood. Donovan asked how many properties are affected. Gibson said three properties, but only one is affected by the EHU, the Flaum residence. Gibson said this does not change the net in floor area. Further discussion ensued. Kurz made a motion to approve first reading of Ordinance No. 14, and the motion was seconded by Moffet. A vote was taken and the motion passed, 7-0. The tenth item on the agenda was second reading of Ordinance No. 15, an ordinance amending Title 7, Vail Town Code by the addition of Chapter 10, regarding commercial transportation regulations and setting forth details in regard thereto. Mire explained the changes from first reading and stated Dwight Henninger, Police Chief, was there to answer any additional questions from the Council. Robert Lazier, owner of the Tivoli Lodge, said he was concerned with the loading area on Hanson Ranch Road. He wants to limit the width of vehicles in this area to be no more than 80 inches wide (dual tires) be allowed in that area. Henninger said there are signs stating no vehicles over 80 inches in width or more than sixteen passenger vehicles are allowed. Jonathan Levine, owner of Hummers of Vail, said significant changes at the transportation center have occurred in last two days. He was assaulted on Sunday evening. He wants to provide safe customer service to guests. He wants to be able to use his larger limousine vehicles on the upper deck after midnight. Jim Lamont, representing the Vail Homeowners Association (VHA), said traffic congestion problems are what the VHA are concerned about at the transportation centers. There is concern about trying to experiment with a system to control permitted public conveyances. He doesn't want to create an issue where certain conveyances are allowed and others not. He said the town is beginning to regulate transportation in town when they should stay out of it. Donovan asked about the AVI transponders. Henninger said the time, place and number of the vehicle are what the AVI transponders record. Henninger said this is in the ordinance now so they could use the transponders in the future. Rogers made a motion to approve second reading of Ordinance No. 15, and the motion was seconded by Kurz. Further discussion ensued. A vote was taken and the motion passed, 6-1 with Foley opposed. Daly said Council would review how this is working in January, 2013. The eleventh item on the agenda was second reading of Ordinance No. 13, an ordinance amending the construction sign provisions and repealing the temporary site development sign provisions of Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto. Town of Vail Council meeting minutes of November 6, 2012 Page 7 Bill Gibson, Planner, stated on October 16, 2012, the Council unanimously approved the first reading of Ordinance No. 13, with the PEC's recommendation of limiting the size of construction signs to no more than 8 square feet in areas within Vail's residential zone districts. There have been no modifications to the proposed ordinance since first reading. Moffet made a motion to approve second reading of Ordinance No. 13 and the motion was seconded by Rogers. A vote was taken and the motion passed, 7-0. The twelfth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:30 p.m. Attest: L ele� onaldson, Town Clerk �V; J v � 'v���~ .� J• •• : :�: : . , :�EAL: . . . . . : •• • c ••....... :� . Respe ully Submitted, Andrew P. Daly a o Town of Vail Council meeting minutes of November 6, 2012 Page 8 Vail Town Council Meeting Minutes Tuesday, November 20, 2012 4:05 P. M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:05 P.M. by Mayor Pro-tem Ludwig Kurz. Members present: Kerry Donovan Ludwig Kurz, Mayor Pro-tem Greg Moffet Margaret Rogers Susie Tjossem Members absent: Andy Daly, Mayor Kevin Foley 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 the Consent Agenda. On the consent agenda was the approval of Resolution No. 34, a resolution deferring the regular meeting of the Vail Town Council from January 1 to January 8, 2013, due to the holiday and Proclamation No. 7, declaring December 4 as Colorado Gives Day in Vail. Moffet made a motion to approve Resolution No. 34 and the motion was seconded by Tjossem. A vote was taken and the motion passed, unanimously, 5-0. Rogers read into the record Proclamation No. 7, Colorado Gives Day on December 4, 2012. Moffet made a motion to adopt Proclamation No. 7, 2012, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 5-0. The second item on the agenda was the Town Manager's Report. There was an update on the traffic at the Golden Peak area. Kurz stated a memorandum was attached to the agenda outlining concerns and solutions to the traffic in the Golden Peak area. Tjossem said she was concerned that the town, Manor Vail and Vail Resorts, Inc. (VRI) have come up with solutions but that Ski Club Vail has not committed to participating in finding solutions from their property. She said she hopes Ski Club Vail will participate in resolving traffic solutions with the other partners. Kurz asked Chris Jarnot about premier reservations and passport spaces for valet parking. Jarnot said VRI is partnering with an outside vendor for the passport spaces and valet area in the Golden Peak lot and lodge and the parking was limited. He said the Devo drop off will occur at the Vail Transportation Center (VTC). He also stated the instructors will also be at the VTC and not at Golden Peak to meet up with the students from Devo. This is a major change in operations but VRI is willing to provide this service to alleviate traffic at Golden Peak. Town of Vail Council meeting minutes of November 20, 2012 Page 1 Jim Lamont, representing the Vail Homeowners Association, said this is an improvement on the traffic issues and believes with cooperation between all parties this solution can be successful. He said unwanted or illegal drop offs will still need to be addressed. Commander Daric Harvey stated staffing models have been reviewed and an additional code enforcement officer will help address keeping traffic flowing and managing the drop off issues. Zemler said the additional CEO position is proposed in the 2013 budget. The third item on the agenda was a request to proceed through to development review process with a proposal to construct a new education center building for the Betty Ford Alpine Gardens (BFAG) located at Ford Park, 540 South Frontage Road EasUunplatted, and setting forth details in regard thereto. Bill Gibson, Planner, said the Betty Ford Alpine Gardens (BFAG) development review process needs owner approval before they can proceed. The town, as the owner, needs to give permission to allow the BFAG to submit an application to the town for a new education center. This is not an approval of the project; just permission to proceed with the application process. Rogers made a motion to approve the request to proceed through the development review process. The motion was seconded by Moffet. Donovan said she would be voting no because private office space is an inappropriate use for a public park. Kurz said the Council was concerned about the size of the building and the potential amount of office space in the building. He said BFAG needs to keep this in mind as they go through the process. Tjossem said there is community concern about putting buildings in park spaces. She requested BFAG should stake out the building area so people can visualize the impact of the building in the park. She said the bigger discussion is about the BFAG honoring Betty Ford. It is fitting that the town honor her through enhancing the BFAG. She wants a separate meeting on how to implement and enhance the BFAG at a future meeting. A vote was taken and the motion passed, 4-1, with Donovan opposed. The fourth item on the agenda was Resolution No. 31, Series of 2012, a resolution appealing and reenacting the Town of Vail Employee (TOV) Strategic Plan. Nina Timm, Housing Coordinator, said this item was a follow up to work sessions regarding the TOV employee strategic plan. She said the goals of the plan were discussed with achieving 30% deed restricted housing and there were a couple of changes requested. Timber Ridge financing has been removed and the town manager residence was moved out to a later year, to 2016. The infrastructure for the Chamonix project coincides with employee housing units (EHU's) in 2013. Council was concerned about various aspects of the resolution. Including the language in the resolution changing "should" to "strive" regarding the 30% deed restricted employee housing within the town limits; they don't want a time frame in the document as this will be dictated by the economy. They don't want the document to put handcuffs on future Council budgets. Also, the cost of redevelopment of the town manager residence at $750,000 seemed high. Council wants this removed at this time and to be determined at a future date. They also want dollar amounts out of the strategic plan as this is a document to guide the town and shouldn't have numbers in it. Timm said the million dollar amount is not in the budget any sooner than the 2017 budget. The town manager residence cost is based on $250 per square foot. Further discussion ensued. Town of Vail Council meeting minutes of November 20, 2012 Page 2 Zemler said he heard Council say to take out the numbers; the 30% goal should be reconsidered; the timing and reasonableness should be reconsidered; commercial linkage and Inclusionary zoning should be addressed; and that staff should come in annually to discuss. Council wants the words of the document to reflect the intent better. Moffet made a motion to table Resolution No. 31, Series of 2012, to the December 18 public hearing and the motion was seconded by Rogers. Steve Lindstrom, a member of the Vail Local Housing Authority (VLHA), said when this process was started several months ago, the VLHA thought they had clear direction to provide a road map with specifics to Council. Now he is hearing that they want them to go back to more general wording. Tjossem said 30% of the work force should be in deed-restricted housing and the interpretation is being questioned. She said having people live in town is the goal. Donovan wants a road map on how they get 30% of employees to live in town. A vote was taken and the motion to table to December 18`h passed, 5-0. The fifth item on the agenda was the Lionshead Parking Structure Entry Improvements Design Contract award. Tom Kassmel, Town Engineer, said the town put out a Request for Proposal (RFP) and they received two proposals back. The costs of the project are in the budget for 2013 and 2014. He said staff recommends awarding the contract to Zehren and Associates. Tjossem asked why only two proposals were received. She also asked why the wayfinding and entry project timing were so different. She said she wants to slow down the process so everyone is on the same page. Kassmel said he was also surprised the town didn't receive more proposals but didn't follow-up with other contractors as to why they didn't apply. He said the Stantek and way finding project is different as this is more of an operations project. Moffet made a motion to approve and direct the Town Manager to enter into a design contract, in a form approved by the Town Attorney, with Zehren and Associates and releasing approval to move forward on Task I, Conceptual Design, on January 1, 2013 for the Lionshead Parking Structure Entry Improvements Design Contract. The motion was seconded by Rogers. Moffet amended the motion to include the dollar amount of $166,150, plus a 5% reimbursable of $8,307. Rogers seconded the amendment. A vote was taken and the motion passed, 4-1, with Tjossem opposed. Moffet made a motion to adjourn for a dinner break and Donovan seconded the motion. A vote was taken and the motion passed, 5-0. Greg Moffet left the meeting at 5:00 p.m. The si�cth item on the agenda was a dinner break for Council from 5:00 to 6:00 p.m. The seventh item on the agenda was Citizen's Participation, of where there was none. The eighth item on the agenda was first reading of Ordinance No. 17, the Mil Levy Certification to Eagle County. Kathleen Halloran, Budget Manager, stated the Mil Levy Assessments must be certified to Eagle County for collection annually and the ordinance authorizes certification for 2013. Town of Vail Council meeting minutes of November 20, 2012 Page 3 Rogers made a motion to approve first reading of Ordinance No. 17, and the motion was seconded by Donovan. A vote was taken and the motion passed, 4-0. The ninth item on the agenda was an update on the Colorado Department of Transportation (CDOT) Chain Station discussion. Michelle Hansen with Stouflas and Associates, stated at the last Council meeting they ran through the various alternatives and took public comment. She reviewed the updates and changes from the last meeting of October 16, which were included in the memorandum for this meeting. They included not moving forward with alternatives at mile markers 179.5 and 182 as it was determined that these alternatives did not adequately meet the goals of this project. Also, the new light standard improves upon the older light standard for the truck drivers, law enforcement and the community by placing and directing the light more efficiently. The lighting consultant decided the illumination needed to be changed to light the areas needed for truckers, not actually directed on the truck and to focus light into one area that is more precise and efficient. New chain stations would implement new light standards. She also said CDOT would like to explore the idea of directing local traffic to the frontage roads when the chain law is in effect. There is potential for using the existing variable message signs (VMS) signs in Vail to discourage I-70 travel from Main Vail to East Vail when the chain law is in effect. Currently, during events when the chain law is in effect for extended periods of time, CDOT captures and implements controlled release of commercial vehicles at Dotsero. CDOT will continue to implement controlled release at Dotsero. CDOT is currently designing improvements to the Dotsero truck parking area, including restroom facilities, limited lighting and highway informational signage. Construction is anticipated in summer 2013. The combination of adverse weather conditions and significant grades associated with mountain passes create the need for commercial vehicles to install chains. At this time, CDOT has not identified any potential chain station locations west of Vail that meet the objectives of the chain law and that fall within reasonable highway maintenance budgets. She said the number of hours the chain law is in effect varies considerably based on the winter conditions experienced each year. Typically, between 300 and 400 hours per year is average for eastbound traffic for I-70 on Vail Pass. The numbers were lower last winter and higher the winter before. Hansen also said the air quality of every construction project that CDOT completes must obtain an Environmental Clearance prior to construction. Air quality is one of several environmental resources that must be investigated to obtain this clearance. As part of this study, the proximity of improvements to residences and businesses is taken into account as part of the evaluation of alternatives. Any alternatives that are implemented will undergo more specific investigation related to air quality prior to construction to determine if mitigation is required. Chain stations are limited to chain-up activities and long-term truck parking is prohibited. Hansen said comments from the public to CDOT will be accepted through December 4, 2012, and will be incorporated into the final evaluation of alternatives. When the final evaluation is completed, an Implementation Plan will be developed. A report documenting the study and the Implementation Plan will be finalized. The completion of the study is planned for the end of this year. Donovan said locals could use the frontage roads when the chain law is in effect and most Vail residents already know to do that. But most guests may not know how to do it. She suggested Town of Vail Council meeting minutes of November 20, 2012 Page 4 that further discussions with Vail Police Department personnel and the town manager needs to occur to review this in more detail. Rogers said the best place to add the chains on the trucks was west of Vail, near Eagle Vail. Rick Sarchet, with CDOT, said where the trucks need to have the chains is on Vail pass. The chance of running the chains off the trucks is very high if they go too far west. The next space available chain up station would be near the Walmart exit and that is eleven miles away from the pass and too far away. The chains get chewed up at around fifteen miles. He said the pressing need is further east and closer to the pass. Hansen said there are safety benefits for separation between chain up stations and I-70 traffic at the East Vail exit. CDOT is looking at striping a separate lane to get the East Vail on-ramp easier to accelerate onto I-70. Tjossem is concerned about neighborhood input and their concerns not being taken into account. Kurz asked if the first attempt to lengthen the existing chain up area to the west to get more spaces is still in the mix as an alternative. Hansen said they are still looking at space vacancy and determining if a technology solution can be done to let truckers know of available spaces. Fiber optics to Hanging Lake tunnel is still being pursued. Chad Salli, Town Engineer, said the second phase retaining walls will need to be cleared through the CDOT process and the town will be able to comment on it. Susan Brendan, an East Vail homeowner, said restriping is a good idea. Her concern and the East Vail residents concerns are the use of the East Vail exit option for trucks. The safety factor of the East Vail Frontage Road to local traffic is good but is not a good idea for semi-trucks. Lizette Lamb, East Vail resident, agreed with Brendan about the East Vail exit concern. She would like to see trucks chain up west of Vail. Steven Connolly, a Bald Mountain resident, said it seems the problem is management of the existing space. This should be addressed before expanding, developing and building anything else at this time. Sarchet stated that may be how it works out, depending on the Georgetown experiment and use of infrared cameras. That solution is on the table as well as some sort of signal lights on poles. Connolly stated that with better management of the East Vail chain up station and with advance notice at Dotsero, lighting may be the only need. Jim Lamont, representing the Vail Homeowners Association, said that traffic guidance technology from China can be done here with a fiber optic system. The real issue is shared sacrifice by all communities between Vail and Dotsero to allow for staging between Dotsero and the exit to Walmart. This could take place where there is very little development and wouldn't be a problem. Cameras can show truckers and police officers in Vail all the available spaces. There needs to be better communication between all the chain up stations and the Vail location. Keeping the interstate open is important, but the community concern of getting passenger vehicles out of Vail is important too. The European roadways don't allow trucks on the highways when road conditions are bad. Rogers said someone needs to come up with better chains that don't destroy the road and don't come off the trucks in 15 miles. Sarchet said there are tire auto socks available. The auto socks are more expensive and only have a three (3%) market penetration. He said gasoline haulers use them. In California, there are places where some banning of trucks on the road is used. Town of Vail Council meeting minutes of November 20, 2012 Page 5 Tjossem said staging the trucks between Dotsero, Post Boulevard and then moving them to Vail where they can put on chains is a good solution. Staggering the trucks west of Vail is good. Kurz is encouraged that CDOT is listening and taking input from the community and trying to make the best solutions available. Hansen said the next step of implementation will take time. Available "FASTER" safety funds for this project are $500,000 and will be available for summer of 2013. She said the lighting for this project may use this entire funding. This may be one project that may move forward. They are trying to prioritize projects and funding is questionable at this time. Samantha Graves, Vail Patrol Sergeant, said the truck drivers are already utilizing the off ramp and sneaking back onto the highway. There are no rules and until an officer becomes available, the truckers stick around until an officer shows up. The new idea would at least maintain and widen that area and an officer would be stationed there. This would be better than the free-for- all that is currently happening now. She said it is a good idea to begin at mile marker 178 and to extend westbound. There is no real good solution as this is in a residential area. Truck traffic is not going to stop and is most hazardous to the rest of the traffic. There is a need to make it safer and have managed stations. She stated the cost of having officers at each station is expensive. Hansen reiterated the deadline for public comment to CDOT is December 4. The tenth item on the agenda was second reading of Ordinance No. 14, an ordinance repealing and reestablishing SDD #34 — Flaum — The Valley Phase V. Bill Gibson said there are no changes from first reading. Rogers made a motion to approve second reading of Ordinance No. 14, and the motion was seconded by Tjossem. A vote was taken and the motion passed, 4-0. The eleventh item on the agenda was adjournment. As there was no further business, Donovan made a motion to adjourn and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 4-0. The meeting adjourned at 6:53 p.m. Respectfj.�#ty Submitted, Attest: ' `-'`'''"�� �� �c Ludwig Kurz, M or Pro-tem , ele' Donaldson, Town Clerk �r1.OF�Vq� ��: .l . • . ; : • : S�A�' : . . . . . ,. ''_�.....•�•� Town of Vail Council meeting minutes of November 20, 2012 Page 6 Vail Town Council Meeting Minutes Tuesday, December 4, 2012 4:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Pro-tem Ludwig Kurz. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro-tem Greg Moffet 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 first reading of Ordinance No. 20, Series 2012, third supplemental of the 2012 Budget. Kathleen Halloran, Budget Manager, said the supplemental will increase by $855,000 for expenditures and will be offset by $732,000 for revenues across general funds, capital project funds and . Council had a question regarding the Colorado Department of Transportation (CDOT) Frontage Road parking costs. Kassmel said the $130,000 was for subsoil stabilization as 85% of the road from the helipad to the West Lionshead Circle curb was unstable. CDOT removed unstable material and added better stabilization materials. Foley asked when the Matterhorn Bridge is scheduled to be open. Kassmel said it is scheduled to be open on December 15. Moffet made a motion to approve Ordinance No. 20 on first reading and the motion was seconded by Kurz. A vote was taken and the motion passed, 7-0. The second item on the agenda was second reading of Ordinance No. 17, Series 2012, Mil Levy Certification. Kathleen Halloran, Budget Manager, stated there were no changes from first reading. Moffet made a motion to approve second reading of Ordinance No. 17 and the motion was seconded by Donovan. A vote was taken and the motion passed, 7-0 Town Council Meeting Minutes for December 4, 2012 Page 1 The third item on the agenda was first reading of Ordinance No. 23, Series of 2012, an ordinance approving a Franchise Agreement with Comcast of Colorado VI, LLC for the provision of cable services in the Town of Vail. Matt Mire, Town Attorney, stated Comcast representatives were in attendance if the Council had questions for them. The audit of the Comcast system is now in compliance with the compliance agreement and all items have been completed. Jeff Dolan, Vice President of Regulatory and Government Affairs with Comcast, said he came on board with this project at the end of last year and was working with Mike Trueblood, operations manager for Comcast for this area. Dan Wherry replaced Trueblood and they have been working with the town in the past few months. Comcast has invested time and resources to make sure the infrastructure was up to par for residents of Vail and have improved customer service. He said on the operations side, Comcast has complied with all the agreement items. Comcast worked with Colorado Department of Transportation (CDOT) to provide the same services and products as are provided in the Denver area. Digital upgrades were done to get more high definition, speed and more channels. He said all Comcast customers need a cable box to receive these upgrades. In 2011, after the audit, Comcast did an overhaul of the infrastructure to get the Vail issues resolved. He discussed all the upgrades, changes, repairs and plant integrity items Comcast has done over the past two years. Daly stated in the past the town was able to have two paper stuffing promotions for the access channels through Comcast. He would like to have Comcast provide two electronic stuffers from the town to add into their invoices. Dolan stated Comcast wants to keep open lines of communications with access providers and work with all of them to provide great service. He said this doesn't need to be a part of the franchise agreement. Daly wants this in writing since the agreement is for 10 years. Dolan said he will find out how the town can get information onto the Comcast electronic invoices. Daly stated this was first reading of this ordinance and they will do the second reading of the ordinance later to give Dolan time to respond to the request. Tjossem said another item she wanted clarification on was access to the Universal Sports Network and international ski racing. Dolan said Comcast is in negotiations regarding that program. Council wants that channel to be part of the basic services lineup. Dolan stated Comcast has been in negotiations with Universal Sports Network for quite some time and they are not close to a resolution at this time. They could not commit to carrying this channel on a certain tier of services. If they reach an agreement with the provider, he will work with the marketing folks to get that channel in Vail. Tjossem said the 2015 championships will be held in Vail and this is important for the international guests. She said this is the Super Bowl to international guests. JK Perry, with Channel 5, thanked the Council and staff for their work on the franchise agreement. He said there were a few items that were not in the agreement that he wanted to address. He read his letter into the record which spoke of the triggers needed to provide a second access station, to have a lower threshold to move into a second station, the hours for broadcasting Vail information are odd hours and fall out of the triggers currently in place. He wants a start time of 8:00 a.m. He also wants to develop relationships with other local entities to share in the cost of the access channel and would like the ability to have these in the new franchise agreement. He said the Channel 5 access channel needs the ability to be included in the electronic stuffers. He also wants to see information on the access channel at the Comcast counter at their Avon, Colorado office. He also wants the ability to insert commercials for the Town Council Meeting Minutes for December 4, 2012 Page 2 Channel 5 access channel on other stations on the Comcast line up, add their listing in any program guide. He also stated in the old agreement, there was the ability for the town to implement a PEG fee to subscribers and would like to see that in the new agreement so the town has the ability to implement that fee in the future. Donovan said she is supportive of expanding the hours to 8 a.m. Council didn't want to charge PEG fees to customers. Dolan said the expansion to move to 8 a.m. is OK with Comcast. The current hours of 48 hours lowering it down to 40 hours would be a compromise they would be willing to make. He said this is a partnership and there is nothing in the agreement prohibiting these changes but said these don't need to be in the franchise agreement. He said he would be happy to work with JK at Channel 5 to do electronic stuffers and coordinate to get materials for Channel 5 on the counters in the Avon office. He said the Council has decided not to impose PEG fees. If the town chooses to impose a fee in the future, they can do that with residential subscribers but not bulk-billed customers. Bulk business is competitive and the more the add fees the more it hurts their competitive edge. There is an amendment clause in the agreement that the town and Comcast can amend in the future. Dolan also stated that Comcast supports events and causes to allow partners to enter into agreements by getting cash or in- kind services on existing channels. If there is something to advertise on other channels, that isn't a free right to be in the franchise. Further discussion ensued. Jim Lamont, with the Vail Homeowners Association, thanked Comcast for their efforts in getting a state-of-the-art system in Vail. Locals have come to rely on the local access channels to service the town's guests and residents to receive current information. This needs to be as transparent and accessible as possible to residents and guests. Vail is a global community and there is a desire and need to access new technology as needed in the future. Carberry said the agreement is for cable television only; anything beyond television cable service is prohibited by law at this time. Daly reiterated the trigger for a second public channel is forty (40) hours and the start time is 8:00 a.m.; an opportunity for Vail to participate in two Comcast electronic stuffers rather than one paper stuffer; and the PEG fees will be an option in the agreement for a future possibility with a percentage basis which can include commercial properties. Moffet made a motion to approve Ordinance No. 23 on first reading with the three changes as Daly read into record and the motion was seconded by Kurz. A vote was taken and the motion passed, 7-0. Dan Wherry, local Comcast Director/General Manager for the North Colorado Mountain Area, introduced himself to Council and the public. The fourth item on the agenda was a Council Dinner Break at 5:50 p.m. The Council resumed the meeting at 6:00 p.m. The fifth item on the agenda was the presentation of an award recognizing the Town of Vail for adoption of the 2012 International Building Codes. Martin Haeberle, Chief Building Official introduced Dave Nichols to Council. Dave Nichols, Regional Manager for the International Code Council (ICC), said the ICC is proud that Vail has recognized and valued the role the international codes are for building compliance. He presented the award to the Town of Vail in appreciation of adopting the most current international building codes. He said Vail is one of the first communities in Colorado to adopt Town Council Meeting Minutes for December 4, 2012 Page 3 the 2012 International Building Codes. Council thanked Haeberle for his leadership in getting this implemented in Vail. The sixth item on the agenda was the presentation of an award from the ECO Trails Committee to the Town of Vail for Trail Supporter of the Year. Dick Cleveland and Jamie Gunion, representing the ECO Trails Committee, said the town was nominated and won the award as the town has taken on the leadership role of maintenance of trails near Vail. Cleveland said trails are a huge draw for guests and a benefit to the Vail community. He said the town staff has worked closely with the Colorado Department of Transportation (CDOT) on the trails. Gunion said the ECO Trails Committee appreciates the support of the Council. Daly said seeing the Vail Pass trail paved this summer was a big accomplishment. He said completing the county-wide bike system is of great importance to all the residents and guests in the county. The seventh item on the agenda was the Town's recognition of Officer Dan Torgerson and Mark Walter. Mark Miller, Fire Chief, stated there was a serious arson fire in May of 2012. He said the fire was contained due to early intervention and great collaboration between the Vail fire department and police department, who worked so well together. Mark Walter, an East Vail resident, noticed some suspicious activity, called 911 and notified emergency dispatch of suspicious behavior of a person. Officer Torgerson raced over to the townhome on fire. The stairway was on fire and was the only egress for this condominium complex. Torgerson used the fire extinguisher in his vehicle. Due to Walter and Torgerson's early intervention, they were able to save lives. The efforts of both men were above and beyond the call of duty. A Citizen Hero Award was given to Mark Walter. Dwight Henninger said a Life Saving Award was given to Officer Dan Torgerson from the Vail police department. Walter said he credited the first responders for answering so quickly. Council thanked Walter for participating and being a good citizen. Henninger also awarded the certificates of commendation to Justin Liffick, Katie Williams, and Samantha Graves. They also gave a commendation to Mike Vaughan, Vail Fire Marshall. The eighth item on the agenda was Citizen's Participation. Crawford Pierce said he and his family are Bald Mountain Road residents. He said the open space adjacent to his residence is in disrepair and he was proposing to restore the open space near his residence. He wanted to donate labor, materials and future work on this open space. He would like to move forward on this project. He stated he had been given warnings to stop work he had already been doing on the open space until he gets the proper approvals and permits. Daly asked the Community Development Department to look into restoring this area. Zemler said he would look into what is needed at this site. Mike Cacioppo said he read a press release of the termination agreement between the Vail Valley Medical Center (WMC) and the town. He asked if this project was really over and did the WMC own the land. Daly said the land transaction was never consummated and the town still owns the land. He said the future of the project is in the hands of the WMC and the Steadman Clinic. Cacioppo asked what amount the taxpayers paid to date for this project. Town Council Meeting Minutes for December 4, 2012 Page 4 Zemler said the taxpayers have paid approximately $400,000 to $500,000. Zemler said there is still a very compiete design for a town hall and is the town's part and had nothing to do with the medical office building. A decision could still be made in the future to move this project forward. Kelly Pope, representing the Parent Teacher Organization of Red Sandstone Elementary School (RSES), said they needed the Council to support the RSES funding request as it is important due to budget cuts in the school district. She said there isn't enough funding to keep the school open within the budget constraints. She said 100% of the requested funding, if given, would go to RSES. Daly said this item should be discussed under the budget agenda item later in the meeting. Tom Neyens, Vail business owner, wanted an ECO bus stop at the Concert Hall Plaza area reinstituted as a"bell stop" and not a regular stop. He contacted ECO and they told him he had to contact the Vail Council to request this as the town changed the bus stop from the Concert Hall Plaza area to the top of the Lionshead Transportation Center. Zemler said staff will look into this and get back with Neyens. The ninth item on the agenda was the Consent Agenda. On the consent agenda was the approval of the November 6 and 20 meeting minutes. Foley made a motion to approve the November 6 meeting minutes and the motion was seconded by Rogers. A vote was taken and the motion passed, 6-0-1 with Moffet abstaining as he was not at this meeting. Rogers made a motion to approve the November 20 meeting minutes and the motion was seconded by Tjossem. A vote was taken and the motion passed 5-0-2 with Foley and Daly abstaining as they were not at the meeting. The tenth item on the agenda was the Town Manager Report. There was a brief ceremony in honor of the town being debt free. Daly said this was a well deserved recognition and thank you to town staff and past Council members that guided the town to be debt free at this time. This creates an opportunity for the town to identify possible future projects. There was also a letter from a citizen thanking John Power for his response to the damage to their home from an ice boulder. They were thankful to live in a community where the town takes responsibility. Daly thanked Power for his leadership in taking charge of the situation. The public works crews installed new guard rails in this area so that this wouldn't happen again. The eleventh item on the agenda was second reading of Ordinance No. 16, Series 2012, the 2013 Town of Vail Budget. Kathleen Halloran, Budget Manager, stated this was second reading of the budget ordinance. She said the questions Council had at first reading were explained in the memorandum. She said $8 million to pay down Timber Ridge will come from the general fund reserve and the second $8 million will come from the Capital Projects Fund as a loan to Timber Ridge Affordable Housing Corporation (TRAHC). The Council also discussed funding for the Burton U.S. Open, merit increases for staff and the updated peer resort comparison chart. CSE additional funding of $190,000 was also discussed as well as the partnership of the Vail Fire Department with other fire agencies to help save costs for training. Capital projects fund changes included Town Council Meeting Minutes for December 4, 2012 Page 5 removal of the municipal site redevelopment costs, the loan to Timber Ridge, Real Estate Transfer Tax (RETT), bike path, pedestrian overpass and lighting for the pathway. Daly requested the lighting fund of $345,000 not be included in the budget since this item was just added and to go through the regular process for this. Halloran will reduce the RETT budget by $345,000. Council also discussed special events and Town Council contributions. Daly stated from a budget perspective, the town had a balanced budget for 2012 and there were no incremental funds. Council would have to look at other ways to balance the budget including changing the split from 61/39 to 62/38 to create additional funds. Daly said there is a high probability of having the Pro Cycling event in Vail next summer and they need to find funding. Council needs to decide if they want to go forward with additional funding and how. Rogers said yes to increase and her list under general budget and operation budget of $261,400: $190,000 to CSE; $37,000 to RSES and full funding of Jazz Festival of $34,400. Rogers said she wanted to increase revenue projections based on Vail's historical pattern of $1 million additional revenue in the general fund each year. She'd rather invest in special events. Zemler commented that the $1 million going into the general fund is not just revenue, but managed cost savings each year. Rogers said this is still conservative. She is willing to change the split to 62/38 as there have been many years that the split was 62/38. Adam Sutner, consultant to the CSE, said the return on events is 10 to 1. Total tourism spending was up 30% in 5 years and was $5.125 million for 2013. Tjossem said she would be in favor of changing the split. Donovan asked about what projects would need to be cut if the split is changed. Zemler said changing the split from 61/39 to 62/38 would move $201,000 to the general fund from the capital project fund. Moffet stated the town shouldn't quit spending marketing money because we are successful. However, the town needs to measure performance versus dollars spent. He is concerned about how the town holds event producers accountable and how to switch allocations on diminishing returns. He also stated spending at the margins is not effective on diminishing returns. He believes the town needs to hold ourselves accountable. Kurz stated he wants the town to be more cautious moving forward. He said past Council's and staff have kept the town in great financial shape. He suggested the Council let staff arrive at numbers that make sense. Foley said the CSE should get marketing money from the Vail Local Marketing District (VLMD). He is not in favor of raising revenue projections. He is ok with raising the split. The VLMD should spend money on marketing events. The general consensus was to spend more in special events and change split to 62/38. Daly suggested the town provide RSES a matching grant of $20,000, increase the funding for the Jazz Foundation by $20,000, CSE funding of $160,000 for a total of $200,000. Moffet said they should find another way to help RSES. Unintended consequences can by way worse. Tjossem said they are proposing to fund child care. This contributes to creating a sense of community and this is the only public school in Vail. It would be Vail's responsibility to lobby for RSES. It's part of Council's mission to keep the school. She thinks RSES needs to be equal to Eagle Valley Child Care. Rogers said bottom line is all money spending for special events or capital projects meeting goals of council. Developing Vail as a family community is a highest priority. If Vail wants to have a vibrant family community, they can't do that without an elementary school. RSES has done an admirable job but they need help. They can't maintain the level of quality with the funding level they get from the school district. Town Council Meeting Minutes for December 4, 2012 Page 6 Council determined that additional funding of RSES needs to be discussed separately from the budget discussion as a separate item. Council and RSES need to negotiate with the school district on what can be done. Zemler clarified that of the CSE's request for $190,000, only $125,000 is for special events, $50,000 for event research and $15,000 for event marketing staff. Additionally, $1.1 million will be taken out of reserves for bike events and other iconic events. Council discussed changing revenue projections and only two Council members were in favor, so it is off the table. Council asked if the $50,000 in research needed to take place in 2013. Jen Bruno, Chairman of the CSE, stated the CSE has made meaningful changes and significant operation guidelines. During the past year the Vail Local Marketing District Advisory Council (VLMDAC) and CSE have been aligned with the town's vision. The score card was added to gauge performance and marketing strength. The CSE has made changes to their mission statement and various changes in special events that were being funded for 2013. The CSE is asking for $100,000 for a possible event over Memorial Day weekend. They are also requesting funding for marketing support for the coordinator contract and event attendance research. She said without accurate reliable attendance research they can't make better decisions on event funding. Tjossem asked about events for the Thanksgiving time frame as there isn't anything during that time. James Deighan, with Highline Sports, said they can't give a number. A smaller version of the Holidaze event is being worked on. Bruno said the ice shows are successful. It would be more appropriate to seek market dollars through the VLMD and not the general fund. Halloran said the VLMD maintains a small fund balance. Bruno said the $15,000 marketing support is for a staff liaison to event producers. She said the VLMD has offered to pay the $15,000. Deferring marketing research for a year would not a big loss of $50,OOOm but the Memorial Day funding and the Living Well event funding are more important. Tjossem said the research component is good investment. Donovan asked if this would be permanent funding. Bruno stated they wouldn't want to do extensive research every year. Navas stated a standardized methodology would be created and the process to measure event attendance would be applied consistently. The town would monitor it and Mtrip would build the models and collect the data. Zemler summarized the contributions for four things: $160,000 for the CSE, with $15,000 from the VLMD for CSE marketing dollars, the Jazz Festival funding of $20,000; RSES funding of $20,000 which would come out of the 62/38 split. Donovan wants a policy conversation of what schools will be funded in the future. Rogers stated the Colorado Ski Museum, Betty Ford Alpine Gardens and the RSES don't fit into the contribution category. Council will need to have a future discussion on how to fund these entities that don't fit. Any contributions approved are a one-time funding for this year, at this point. Council will have further discussions on specific events in the future. Additional funding of $75,000 for the Pro Cycling Challenge was added from reserves plus another $100,000 from the VLMD. Daly asked about the Vail International Dance Festival's 25th Anniversary funding to go from $45,000 in the budget to the total of the request of $60,000. This would be an increase for one Town Council Meeting Minutes for December 4, 2012 Page 7 time only. He said the Burton U.S. Open requested funding of $500,000 and staff recommended funding $250,000. James Deighan, with Highline Sports, said they were instructed to submit the economic impact that the town would see from this event. The estimates from lodging and general tax revenue warrant the funding amount. He said to date, 3,500 rooms have been booked during this event. This event will be aired in 200 countries with 200 hours of television time. This iconic event will put Vail on the map, in new light. This will be Shawn White's biggest snow boarding event to Vail. He discussed start up costs and recurring costs. He stated that building the half pipe is a cost but there is also a cost for maintenance every year. He said Burton brought this event to Vail to match what the event potential is in the world. Deighan stated that what portions of the event that didn't exist prior to the event would provide infrastructure to Vail and the ancillary activities associated with the event. Some of the in-town activities can't be done if the $500,000 is not funded. The event as whole needs funding. They are working with vendors to get more funding. He said this event would bring $18.5 million incremental revenue to the town. Rogers said she is comparing this with the 2015 championships. Donovan said this is a legacy concept for this event. Deighan said they have a five-year contract for this event. After the first year, the plan is to make this event bigger year after year. Kurz said this is a big deal for Vail, across the country and Europe. He said one of his concerns is that Europe is seeing a decline in snowboarding. Staff recommended funding this event at $250,000. Daly said this event is contracted to happen for the next five years. He asked if they will be requesting funding for next five years. The Council could not commit to funding this event for five years. They have to do this yearly. Donovan stated taking funds out of the general fund reserves is not sustainable. They need a future Council meeting to discuss and come up with a process at a retreat. Further discussion ensued about what level to fund the Burton US Open. Council compromised at $400,000 as the first year had the biggest impact and reiterated that this was a one time funding approval at that level. The next conversation was the general fund operations. A compensation increase for staff and a peer resort comparison chart was recently updated. Rogers previously wanted a 2% bonus and 2% merit but discussed this with the Human Resources Director, John Power. She agreed with JP that this was not an appropriate plan for the town. A vast majority of town employees do a good job and to develop a 2% bonus plan for all types of positions would be a challenge for management. Council members approved the 4% increase for staff salaries. The Capital Projects Fund was the next item. Daly asked about the upgrade to the town's phone system and asked if it could be deferred for two more years in case the remodel of the town's administration building moves forward. Judy Campbell said she had discussed this with Ron Braden, IT Director. Braden said the telephone system is in desperate need to be replaced now. The upgrade needs to be compatible with the new town building and money still needs to be in the budget. The Simba Run underpass feasibility study total cost is $400,000 with $200,000 from CDOT. Greg Hall explained that there had been a lot of coordination and work done with CDOT to get this funding, so the town should move forward with the study. Another item discussed was investing in the Chamonix infrastructure. Zemler said to leave a placeholder at this time and staff will have more detail after the first of the year. Daly requested this be in a future supplemental and not in the budget as a placeholder and to take it out. CDOT required parking improvements at Lionshead and the guardrail in West Vail were discussed. Halloran said the Town Council Meeting Minutes for December 4, 2012 Page 8 Frontage Road improvements in front of Safeway are in the 2013 budget. Daly said there has been $1,333,000 spent in total and it was time to look to Vail Resorts for $4.3 million and access that money instead of committing the town's money at this time. Zemler said he will need to discuss this with Vail Resorts. Staff will take out $700,000 and add it as part of a supplemental as it goes forward. $70,000 for design work was left in the budget. Real Estate Transfer Tax (RETT) was discussed next. Rogers advocated for an increase of $34,380 to fully fund the $100,000 requested by the Betty Ford Alpine Gardens (BFAG). She said the BFAG enhances the town's real estate. She said the fact that Vail is able to have a world class alpine garden is something everyone should be proud to have in town. Funding for the BFAG needs to be discussed along with the Colorado Ski Museum and the RSES. Donovan asked what the town contributed last year. She also asked what the compelling reason would be to give the BFAG more money this year. Gwen Scapello, representing the BFAG, stated the amount of $100,000 is needed for running educational programs for children, various organizations such as other garden clubs; their Chef in the Gardens program and the annual Butterfly Launch. The BFAG want to increase programming and in the long term, to bring in someone who can focus on education and research. They are aware that Council is concerned about using town funding on BFAG operations. The gardens bring guests to town and get heads in beds. The way the BFAG budget is distributed, 64% is for funding operations. They want to get their funding back to the 2003 budget amount. Tjossem said the fundraising BFAG does can pay for programming. She said the Council needs to look at this differently. Their horticulturist programs for the gardens and the expertise is something the town cannot provide and does not have. Outside contracting to take care of gardens is a level above what town staff would have to do. The BFAG gets great publicity and their reputation is high. Donovan said she is comfortable with the staff recommendation. Daly said the Council will spend some time on January 8, 2013, on how to fund the Colorado Ski Museum, the Betty Ford Alpine Gardens and the Red Sandstone Elementary School. This discussion is too premature at this time. Kurz said he is supportive with Rogers' recommendation of $100,000. Foley, Moffet, Donovan and Daly supported the staff recommendations at this time of $65,620. During public comment, Diane Boyer from the Colorado Ski Museum (CSM) thanked the Council for all they do for the CSM and as part of Colorado Gives Day. She requested the Council approve the increase for the CSM as requested. She said the museum provides a huge service to Vail, is a year-round activity, has a great educational center, and is one of the very few free activities in town. Jim Lamont, representing the Vail Homeowners Association, stated he hopes that next year for this budget process, they have a condensed discussion around the CSE and the VLMD with prior negotiations on funding happening before the budget process. He stated that since 2007, town staff have not had an across the board increase. He is aware that few businesses have done the same. He thinks even though the economy is not out of the woods, the town needs to set milestones so if conditions are met, it would trigger opportunities to give across-the-board increases. He said it is very hard to have a voice if you are a"line" staff. That voice is ably spoken by the Town Manager. It is hard in a government position to stir up new business. A government employee looks at a hopeless situation of incremental increases. He said he thinks Town Council Meeting Minutes for December 4, 2012 Page 9 there is a psychology that demoralizes government employees. Vail has some of the best government employees and this is a way to give them some recognition and that they are appreciated. The Council is going to have to budget money and set aside funding to give the employees an increase in salary. Michael Cacioppo stated the RSES request for additional tax payer money from residents from Vail is inappropriate. His understanding is that Eagle County School District employees are at the top of salaries in Colorado, they are either No. 1 or 2, for about an 8-1/2 month school year. He said it the town goes down that slope of funding another government entity. They will be falling into the school district trap that they are creating and wreaking havoc throughout Eagle County. He said the Eagle County School District is punishing people for failure to support a tax increase from a couple of years ago. He said it was unfair for Vail tax payers to pay twice. He believes there is a strategy by the Eagle County School Board to cut RSES out of the picture. The next point is a legal point for suggesting funding tonight on an ongoing, permanent basis or funding events in the future, past the current year. The Council can't legally commit to funding past one year. He said in the 37 years he has been here it always rains on Memorial Day. He said they need to look at weather patterns and see how many Memorial Day events could work. He heard that the CSE was possibly getting rid of the Farmers Market. Rogers said that was not true. He congratulated the Council and town for being bond debt-free. He said being bond debt-free did not mean they could spend money like wild banshees. He said to be careful with spending because if the town doesn't get snow for the rest of December, it is substantial part of the revenue and could be an issue. Moffet made a motion to approve Ordinance No. 16, Series of 2012, on second reading with the modifications of increase the budget to U.S. Burton Open to $400,000; plus $175,000 as a placeholder for the Pro-Cycling (with $100,000 of that coming from the VLMD); $160,000 to CSE; $20,000 to the Jazz Foundation; and $20,000 to RSES; and to change the split from 61/39 to 62/38. An additional $15,000 for the CSE for marketing will be taken out of the VLMD funds. The motion was seconded by Kurz. A vote was taken and the motion passed, 6-1, with Daly opposed. A five minute break was taken at 9:00 p.m. The twelfth item on the agenda was a presentation of the four (4) Ever Vail development applications before the Council and requested action be taken on Resolution No. 35, Series of 2012 and Ordinance Nos. 7, 8 and 9, Series of 2011. The four (4) applications are intended to facilitate the future redevelopment of Ever Vail. Major Subdivision (Resolution No. 35, Series of 2012): A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right- of-way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. George Ruther, Community Development Director, reviewed each of the 2011 ordinances with Council. He said the first time the town discussed this project was in 2005. Since then 85 public hearings have been held. Many market conditions have changed significantly and thousands of hours of staff time, VRI and community time have been expended on this process. He said at least three different boards have been party to this application process. He said the Town Council Meeting Minutes for December 4, 2012 Page 10 resolution adopting amendments was approved by the Council in 2011. This request is for final review of the three ordinances, Ordinances No. 7, 8 and 9 of 2011; and Resolution No. 35. The applicant is not asking for specific approval of buildings or a site plan. When and if the time comes, the applicant will be required to come back into the town review process and continue for specific issues in the development review process. One of the requirements will be to be in compliance with the zoning, The ordinances are effective at a time into the future and won't exist until improvements are done for the site. The zoning text amendments and amendment to the special development district will not apply until the applicant comes in to develop the property. The intent is still in effect and certain conditions will still need to be met. Kendra Carberry, representing the town attorney's office, asked to continue Resolution No. 35, Series of 2012 to the December 18 meeting so the ordinances and resolution are all approved at the same time. Rogers said with all the discussions over the years, she is recommending approvals per staff recommendations to approve the ordinances. Daly asked Carberry how to define the condition of the completion of the Frontage Road. Carberry stated the condition for completion would be when the final plat is recorded at Eagle County. Further discussion ensued. Moffet wanted to discuss the core area parking maps to include Ever Vail in the commercial core designation. He wants more information and clarification at the next session of approval of the gondola at the site. Ruther said staff will come back and present it at the next meeting. Alex Iskedarian, representing Vail Resorts Inc. (VRI), said they are there to answer any questions. Rick Sackbauer, the Eagle River Water and Sanitation District (ERWSD) chairman, said he was representing the ERWSD directors and stated their position on this project. He said since 2006 he has worked closely with town staff on this project. Their concerns have remained consistent. The ERWSD submitted a comprehensive letter in September 2011 to Council and wants their concerns addressed and to reflect that they have been engaged in the process. He read into the record a letter that outlined the concerns and possible resolutions to the ERWSD concerns. Linn Brooks, with ERWSD, stated concerns are with Resolution No. 35 and Ordinance No. 7. Their September 14, 2011, letter addressed concerns including access to the wastewater parking deck easement needs to be addressed, access to the western portion of ERWSD property and access easement. The on-going treatment facilities need to accommodate large vehicles, and they want protection from VRI of the town and the ERWSD from nuisance lawsuits filed by buyers and tenants due to the location of the wastewater treatment facility. They want disclosure of the proximity of the ERWSD and other potential impacts required in the marketing information documents. They want VRI to obtain waivers from buyers and incorporate information into all the marketing materials, maintain setbacks of 10 feet and the easements across relocation options district requests town council conditional Town Council Meering Minutes for December 4, 2012 Page 11 Rogers said they are not approving any development. Brooks said they are addressing concerns for when they do development. Rogers said all the ERWSD rights are preserved at this point. Daly asked Carberry about the disadvantages of including the ERWSD conditions now. Carberry said easement access needs to be done legally. Requiring a nuisance lawsuit condition is not required at this time. The town can't resolve this issue until there is a project in process. The final plat will address access and easement issues. And a subdivision improvement agreement can also address these issues. Ruther said these issues are important but they are timing issues. Gwen Scapello, a Vail resident, said she has a concern about tapering the profile of Ever Vail to blend down toward the residential areas. Ruther said the Lionshead Redevelopment Master Plan addresses this. In the site specific area, those standards supersede the mixed use requirements. Jim Lamont, representing the Vail Homeowners Association (VHA), said the VHA also has the same concerns as stated by the ERWSD. He said the possibility of having multi-year projects is that some key issues can fall through the cracks and may not be addressed. Some sort of acknowledgement of the ERWSD concerns should be documented and embedded in the approval process as it would be a vital key to the success of the project. He stated the issues are important and need to be memorialized for future discussion when the project moves forward. Donovan asked to reference the letter without tying themselves to the conditions. Mire said a recital could be added. Daly said the town's interest and the ERWSD's interest are aligned. Council may want to add as conditions. Kurz stated he sits on the board of ERWSD. The district's position wants to make sure the town, VRI and the ERWSD address their concerns and they are not left out and dealt with as they move forward. Moffet made a motion to continue Resolution No.35 to the December 18, 2012, meeting and the motion was seconded by Kurz. A vote was taken and passed, unanimously, 7-0. Moffet made a motion to approve first reading of Ordinance No. 7, 2011, and the motion was seconded by Kurz and was subject to the findings in the staff memorandum. A vote was taken and the motion passed, 6-1, with Donovan opposed. Donovan said the timing is not critical and she doesn't support the changes to the master plan. Moffet made a motion to approve first reading of Ordinance No. 8, 2011, and the motion was seconded by Kurz and was subject to the findings in the staff memorandum. A vote was taken and the motion passed, 6-1, with Donovan opposed. Moffet made a motion to approve first reading of Ordinance No. 9, 2011, and the motion was seconded by Kurz and was subject to the findings in the staff memorandum. A vote was taken and the motion passed, 6-1, with Donovan opposed. The thirteenth item on the agenda was adjournment. Town Council Meeting Minutes for December 4, 2012 Page 12 As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 9:55 p.m. Respec y Submitted, Attest: �/'�, � , f Andrew P. Daly, Mayor ei DQfialdson, Town Clerk -�� N , ,�, .,,... OF L . ;�i : .� . ; . • EAL : . , . , . , : ; ��;•�......•�•' ,� Town Council Meeting Minutes for December 4, 2012 Page 13 Vail Town Council Meeting Minutes Tuesday, December18, 2012 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 Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro-tem Greg Moffet 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. Jim Lamont, representing the Vail Homeowners Association (VHA), stated the VHA has been consistent in being in favor of and supporting the town in making sure the stream tract along Gore Creek is being utilized as it was intended and keeping the stream clean. He said this issue has been going on since Vail was developed. He said the stream tract along Gore Creek has been protected by covenants within the first thirteen filings in Vail. He urged the Council to resort to litigation as a final remedy to the situation. He suggested staff look at the town process for the removal of dead trees to follow that process. He said the property owners need advance public notice and time to resolve the problem of being in the stream tract. He said the town should allow people the opportunity to give the town a plan on how they are going to mitigate and remedy the issue. Foley asked for a moment of silence in respect for the Sandy Hook Elementary School tragedy. The second item on the agenda was the Consent Agenda. The items on the consent agenda were three resolutions: 1) Resolution No. 36, Series of 2012, a resolution approving an Intergovernmental Agreement (IGA) between the town and the Colorado Department of Transportation (CDOT) regarding the Simba Run Interchange; 2) Resolution No. 37, Series of 2012, a resolution approving an IGA between the town and the CDOT regarding the review of design work of the Town of Vail Municipal Complex Development; and 3) Resolution No. 38, Series of 2012, a resolution approving an IGA between the town and the Eagle River Fire Protection District. 1) Moffet made a motion to approve Resolution No. 36, Series of 2012 and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 6-1, with Foley opposed. Town Council Meeting Minutes of December 18, 2012 Page 1 2) Moffet made a motion to approve Resolution No.37, Series of 2012, and the motion was seconded by Donovan. Council had a question on whether the Vail Valley Medical Center (WMC) was in agreement with this IGA with the Eagle River Fire Protection District. George Ruther stated he didn't know if the WMC had approved this IGA. Ruther said this project has been 95-96% completed and this finalizes this process. He said he would discuss the IGA with the WMC. A vote was taken and the motion passed unanimously, 7-0. 3) Moffet made a motion to approve the Resolution No. 38, Series of 2012, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. Moffet had a question about reimbursement from Eagle County. Mark Miller, Fire Chief, stated he is working on pursuing reimbursement from the County. The third item on the agenda was the Town Manager Report. A letter of endorsement from the Vail Town Council to the U.S. Forest Service supporting the proposed Vail Mountain 2012 Recreation Enhancements Project was discussed. Council was in favor of having the mayor sign the letter and forward it to the U.S. Forest Service. The fourth item on the agenda was second reading of Ordinance No. 20, Series 2012, the third supplemental to the 2012 Budget. Kathleen Halloran, Budget Manager, stated the supplemental increased the budget by $1 million and it was offset by $772,000 of income. The only change in the figures was the cost of over runs for the Library. Greg Hall said the dollar amount included soils testing, water tests and underground tests for contingencies. Since the building was built in 1983, they had to mitigate a lot of structural problems. Daly asked about the $65,000 over-run in legal fees. Halloran said $30,000 was reimbursed to the town from the Ever Vail project. Matt Mire stated the Sunburst litigation was not covered by CIRSA. Donovan stated that Rogers reviews the bills monthly. Rogers stated litigation is expensive and this was inexpensive comparatively. Moffet made a motion to approve second reading of Ordinance No. 20, Series of 2012, and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was the appointments to the Commission on Special Events (CSE) and the Vail Local Marketing District Advisory Council (VLMDAC) The Council interviewed the applicants at the work session earlier in the day. Council appointed three members to the CSE and three members to the VLMDAC. The appointments are for two years each, beginning January 1, 2013, and ending December 31, 2014. Council voted on the CSE vacancies. Kurz made a motion to appoint David Chapin, Barry Davis and Amy Cassidy to the CSE. The motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0 Council voted on the VLMDAC vacancies. Moffet made a motion to appoint Beth Slifer, Skip Thurnauer and Mia Vlaar to the VLMDAC. The motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7-0. Town Council Meeting Minutes of December 18, 2012 Page 2 The sixth item on the agenda was the Ever Vail discussion. George Ruther, Community Development Director, presented four (4) Ever Vail development applications before the Council. He said on December 4, 2012, the Council continued Resolution No. 35, Series of 2012, to the December 18th meeting by unanimous vote and Ordinance Nos. 7, 8, and 9, Series of 2011, were approved upon first reading by a vote of 6-1-0, with Donovan opposed. This is to move forward with the next steps for the Ever Vail development. The subdivision is created, there is a rezoning and an amendment to the SDD which would take effect when the frontage road has been moved and final plat has been recorded within 5 years or by 2020. Res #35 approved the subdivision on the property and creates a new right-of-way. Staff requested action be taken on Resolution No. 35, Series of 2012 and the second readings of Ordinance Nos. 7, 8 and 9, Series of 2011. The four (4) applications are intended to facilitate the future redevelopment of Ever Vail. Major Subdivision (Resolution No. 35, Series of 2012): A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/unplatted (a complete legal description is available for inspection at the town's Community Development Department. Ordinance No. 7, Series of 2011, was a request for a recommendation to the Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right-of-way/ unplatted. Ordinance No. 8, Series of 2011, was for a Special Development District Amendment. A request for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D(Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road WesULot 54, Glen Lyon Subdivision. Ordinance No. 9, Series of 2011, was a request for an amendment to Title 12, Zoning Regulations, Vail Town Code, for prescribed regulation amendments, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to amend Section 12-10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. Ruther said changes to Resolution No. 35, included language addressing a series of issues that Eagle River Water and Sanitation District (ERWSD) had concerns about. These concerns were acknowledged and will be addressed at a future meeting. Ruther read into the record a portion of the Lionshead Redevelopment Master Plan, dated February 2, of 2012. "Per Section 5.17.3 Parking: As a commercial core, Ever Vail should be incorporated into the Town's adopted commercial core parking areas, which allow for reduced Town Council Meeting Minutes of December 18, 2012 Page 3 parking requirements due to proximity to mixed use development. Ever Vail shall meet the parking requirements of the Vail Town Code. The appropriate parking requirements for ski lifts and other potential land uses that do not have a specified parking requirement will be determined by the Planning and Environmental Commission (PEC)." He also read into the record, "Without including parking spaces required for the proposed gondola, as determined by the PEC, if any, Ever Vail shall include an additional 400 public parking spaces, as identified in section 4.1.5: West Lionshead — Residential/Mixed Use Hub. These spaces will address long-term public parking needs, including the Town's goal to eliminate parking from the South Frontage Road as further detailed in Section 4.8.3.3b of this master plan. The construction of a portion of the additional 400 parking spaces should be explored by Vail Resorts and the Town of Vail, within Lionshead, in conjunction with the Ever Vail development." The commercial core parking requirements will take effect when the ordinances take effect and the final plat is recorded. Alex Iskaderian, representing Vail Resorts, said he was there if the Council had any questions for them. Moffet made a motion to approve Resolution No. 35, Series of 2012, and the motion was seconded by Rogers. Foley said he was opposed and couldn't support this resolution as it didn't include the Red Sandstone area. Donovan stated she would not support the resolution or the ordinances as the proposed time frame has changed drastically. A vote was taken and the motion passed, 5-2, with Foley and Donovan opposed. Moffet made a motion to approve second reading of Ordinance No. 7, Series of 2011. The motion was seconded by Rogers. Foley stated he was in favor of approving the ordinances as they are building blocks for the future. Daly added the review of this project has been going on for over two years and has had over 80 public hearings, with a tremendous amount of research, this reflects the best that can be done at this time. A vote was taken and the motion passed, 6- 1, with Donovan opposed. Moffet made a motion to approve second reading of Ordinance No. 8, Series of 2011, and the motion was seconded by Rogers. A vote was taken and the motion passed 6-1, with Donovan opposed. Moffet made a motion to approve second reading of Ordinance No. 9, Series of 2011, and the motion was seconded by Rogers. A vote was taken and the motion passed, 6-1, with Donovan opposed. Moffet stated he would approve the ordinances based on the Lionshead Redevelopment Master Plan language Ruther read into the record. Ruther thanked Warren Campbell for his seven years of efforts on this project. He also thanked Vail Resorts for sticking through the long process. The seventh item on the agenda was a discussion of Amendment 64 concerning the retail sale, distribution, cultivation and dispensing of recreational marijuana. Town Council Meeting Minutes of December 18, 2012 Page 4 Matt Mire, Town Attorney, stated this topic was posted on the town's website since last Thursday. He said on November 6, 2012, the registered electors of the State of Colorado voted to adopt Amendment 64, an amendment to the Colorado Constitution authorizing the personal use and regulation of marijuana. Amendment 64 legalizes recreational marijuana use for persons over the age of 21 and creates a licensing structure for marijuana businesses. Amendment 64 has no effect on the state's medical marijuana regulations. It allows municipalities to prohibit retail from the municipalities, or adopt an ordinance allowing it. Mire stated there has been no official position taken from the federal government. His office has only seen ordinances banning retail stores and paraphernalia. He said if Vail is going to ban this, it has to be in place by July 1, 2013. Moffet asked if the town could apply any sales tax the town wanted. Kendra Carberry, stated the Vail electorate would have to vote on any sales tax. Moffet said the issue is the proximities of businesses to schools. Further discussion ensued. Daly said there is no rush and it would be wise to see what the state regulations are going to be before Vail takes this further. Mire said staff is already fielding questions. The Governor of Colorado has put together a taskforce. Kevin Bommer. a staff member of the Colorado Municipal League (CML), will be on the task force to help work on regulations. Paul Rondeau, a Vail resident, stated he is too old to think about marijuana. He said this was uncharted territory. He said the analogy out in the public is that this was going to be like liquor stores. He said historically, there were many gut-wrenching periods during prohibition and the beginnings of allowing alcohol. He said they will need to consider things such as driving under the influence, operating bikes, skateboards, skis and other conveyances. He said Vail is an international resort and Colorado will be a guinea pig. He stated the public needs to be educated on the subject, as well as issues with the hospital and mental health workers. He requested the town get help on this issue from the state task force. Donovan said she has heard throughout the Vail Village that this is not the image of Vail to have retail marijuana shops. Rogers stated 71 % of Vail voters were in favor of Amendment 64. She said the Council's role, as elected officials, is to follow what constituents want them to do. She said the town needs to be extremely cautious in regulating this. She said it is not her role to override 71 % of the Vail citizens. This needs to be regulated and she doesn't want to impose her personal view on what the voters wanted. She is happy to talk about zoning and regulations and not voting to ban it. Moffet asked if state says you can smoke pot in your home, does the town have a nuisance law. Mire said the town couldn't use that regulation if they are in someone's home. Mire said the town will need to revise the code to become current with state code. The town can ban the sales of paraphernalia, retail shops, etc. Mire will bring this back to the Council when more information from the state and the task force is received. The eighth item on the agenda was first reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to Section 12-86-7, Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12-2-2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. Town Council Meeting Minutes of December 18, 2012 Page 5 The applicant requested Council table the public hearing of Ordinance No. 21, Series of 2012, to the January 8, 2013, Council meeting. Zemler asked that it be tabled to the January 15, 2012, public meeting because the Planning and Environmental Commission (PEC) won't meet until January 14, 2013. Moffet made a motion to table Ordinance No. 21, Series of 2012, to the January 15, 2013, public meeting. The motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. The applicant requested Council table the public hearing of Ordinance No. 22, Series of 2012 to the January 8, 2013 public meeting. Zemler asked that this item be tabled to the January 15, 2013, public meeting as well. Moffet made a motion to table Ordinance No. 22, Series of 2012 to the January 15, 2013, public meeting. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was second reading of Ordinance No. 23, Series of 2012, an Ordinance Approving a Franchise Agreement with Comcast of Colorado VI, LLC, for the Provision of Cable Services in the Town of Vail. Matt Mire, Town Attorney, stated Council approved first reading of this ordinance. He said the town and Comcast entered into a compliance agreement to resolve performance and technical issues. By July, 2012, the performance and technical issues were resolved and the compliance agreement was fully perFormed. Article 12 of the Vail Town Charter authorizes the Town Council to grant franchises for a term not to exceed twenty (20) years. All the changes from the previous meeting were reflected in the current agreement including public access fees to multiple residential units, Channel 5 change of times, how hours are counted and using electronic inserts for bills. Moffet made a motion to approve second reading of Ordinance No. 23, Series of 2012. The motion was seconded by Kurz. A vote was taken and the motion was passed unanimously, 7-0. The eleventh item on the agenda was the appointment of a local Newspaper of Record for 2013 for the town. Pam Brandmeyer, Assistant Town Manager, stated each year the town is required to appoint a newspaper of record for publishing of notices per state statute. The Vail Daily is currently the only daily newspaper that complies with state statute regulations for the Town of Vail notices. Foley made a motion to appoint the Vail Daily as the town's newspaper of record for 2013. The motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0. Town Council Meeting Minutes of December 18, 2012 Page 6 The twelfth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 7:05 p.m. Attest: ' , ..�� / � �,��' .�� o lei onaldson, Town Clerk Resp eally Submitted, Andrew P. Daly, May . �� ' A�, . : . : 4�':••......-�• Town Council Meeting Minutes of December 18, 2012 Page 7