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HomeMy WebLinkAbout2011 Vail Town Council MinutesVail Town Council Meeting Minutes Tuesday, January 4, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was the Town Manager's Report Kathleen Halloran, Budget Manager, reviewed the Revenue Update for November 2010 memorandum with the Council. Judy Camp, Finance Director, presented an update to the Council on the short term rental by owners sales tax. She explained the short term rental rules and enforcement options for the town. She also stated the town has had a process in place for over 10 years on how the property owner of short term rentals can remit sales tax. The finance staff goes through the newspaper and works with the Colorado Sales Tax Division to locate short term rental properties and owners. Another avenue of locating short term rental properties is by doing an audit of property management companies accounting books as well She said I Street Solutions, out of Virginia, is a company the finance department met with to get other solutions to help identify short term rental properties. I Street Solutions said the finance department is already doing what they would do to identify short term rentals. She said the finance department will be continuing the process they have in house. Town Council Meeting Minutes January 4, 2011 Page 1 Rogers asked about membership clubs that have homes in a rental pool. Camp said they will look into that scenario to see if it is a true short term rental. Cleveland said businesses that are in the business of short term rentals want to see everyone pay the same taxes as required. Matt Mire, town attorney, presented an update to Council on the Comcast franchise agreement. He said the town is under a renewal process, an audit is being done and stated one of the criteria was to make sure Comcast was in compliance with the franchise agreement. He said Comcast will be back on January 18, 2011 to discuss the audit report. Cacioppo asked what the cost of the audit report will be. Mire said the report will cost between $10,000 and $20,000 and the town was paying for it. He said the town would seek to recoup the costs if the report came back negative. The third item on the agenda was Resolution No.1, Series of 2011, Posting of Notices for 2011. Pam Brandmeyer stated this is a required annual approval and designation for posting locations for all official notices of town public meetings. Foley said he thinks the town should have more than the two sites on the town property to post notices. Rogers made a motion to approve Resolution No. 1, Series of 2011, and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 7 -0. The fourth item on the agenda was the annual appointment of the official newspaper of record for 2011 for the Town of Vail. Pam Brandmeyer stated this is an annual requirement to appoint a newspaper of record for the Town of Vail. She said each year the town does a Request for Proposal (RFP) to local newspapers of interest to be the official newspaper of record for the Town of Vail. The town received one response from the Vail Daily for 2011 and staff requests the council appoint the Vail Daily as the newspaper of record for 2011. The classified advertising and legal publications fees have stayed the same price as 2010 and the display advertising fee has increased approximately 3% to 8% from the 2010 fees. Daly made a motion to approve and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7 -0. The fifth item on the agenda was the interviews for the vacancies on the Commission for Special Events (CSE) and the Vail Local Marketing District Advisory Council VLMDAC). Town Council Meeting Minutes January 4, 2011 Page 2 Pam Brandmeyer stated there were three vacancies on the CSE and four vacancies on the VLMDAC for two year terms each. The council interviewed each applicant at the work session earlier in the day. Newbury made a motion to appoint Beth Slifer, Adam Sutner, Mia Vlaar and Skip Thurnauer to the VLMDAC and Amanda Jensen, Carl Colby and Cali Adkisson to the CSE for two year terms each, which terms expire December 31, 2012; the motion was seconded by Rogers. A vote was taken and each appointment passed unanimously, 7- 0. Mike Cacioppo demanded a copy of the secret ballots the Council used to determine who was appointed to the boards. He said that the Council has not been in compliance with the code on how they have been voting for board members for years and wants them to comply. He made a formal verbal request to see the originals and wants a copy of the ballots. Matt Mire, town attorney, stated Cacioppo will need to file a written open records request with the town before the town will release a copy of the ballots to him. The sixth item on the agenda was an emergency ordinance, Ordinance No. 2, Series of 2011, an emergency ordinance amending Chapter 11 -7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the Administrator to approve said signs, subject to review, and setting forth details in regard thereto, and declaring an emergency. George Ruther, Community Development Director, said on December 7, 2010, staff facilitated a discussion with the Council regarding the town's parking policies for public parking on private property in response to several citizen inquiries regarding the ability to advertise and promote their parking. Staff recommended that the Sign and Zoning Regulations be amended to facilitate public parking on private property. The Council instructed staff to draft an emergency ordinance to allow directional signage for public parking on private property. He said there may be conflicts between current code regulations and the ability to allow for public parking on private property. He said a new type of sign is listed and this would be temporary for a four week time frame and wants consistency on the way the sign is displayed. After the last council meeting, direction was given to have the signs be consistent. On the signs, the rate has to be stated at all times, and be current. The signs need to be portable, blue and white, and be 36" x 48" in size. There is a built -in penalty clause that the sign shall be removed immediately if not in compliance and can be appealed to the Design Review Board (DRB). The ordinance will remain in effect until March 1, 2011. Staff will have a memorandum to the Planning and Environmental Commission at their January 10, 2011 meeting to come up with a more permanent solution. Town Council Meeting Minutes January 4, 2011 Page 3 Mike Suman, with Suman Architects was in favor of the ordinance. He stated the Council has worked with private developers to add more parking over the past few years and would like to see this ordinance passed. He said since this is a temporary ordinance, this could be a test run period to see if this works. Rich Ten Braak, with the Vail Chamber and Business Association (VCBA), said this ordinance is late in coming and needs to be approved. Patrick Hasse, from the Vail International Gallery, said he is in support of this ordinance. Jonathan Staufer, with the Vail Village Inn, is also in favor of the ordinance and happy to see the variable message signs working on the Frontage Road. Rebecca Jones, with Alpine Bank in Solaris, stated they get calls everyday from visitors and clients on where to park. She said the parking at Solaris needs to be utilized and is in favor of passing this ordinance. Rayla Kundolf, with Masters Gallery, said she is in favor of passing this ordinance and stated it's a great idea to have the extra parking. Joe Staufer, owner of the Vail Village Inn, said the private developer of Solaris has built 200 parking spaces which is more than Vail Resorts Inc. has ever built. He said Eagle County taxes private property owners on the parking spaces they have and so the property owners need to keep the spaces filled and that the Frontage Road is dangerous and there shouldn't be any parking on the Frontage Road. Jim Lamont, VHOA representative, said the VHOA has been in support of public parking on private property. He wants to look at classy solutions for direction signs and needs to identify, in real time, how many spaces are available at all parking areas. Kaye Ferry, said she is confused as to why we are having the conversation when it's a public benefit. Nate Picklo, owner of Yeti's Grind in Solaris, said a full parking garage benefits all the businesses and he is in favor of the ordinance. John Vickers, with Vail Village Arts, said this is a no- brainer and this ordinance needs to be passed so the town can get cars and people off the Frontage Road and get them in the parking garage spaces. Rick Soto, with Slifer Smith and Frampton Real Estate in Solaris, said the image of parking on the Frontage road is negative to our guests and is in support of the ordinance being approved. Ruther said this is an opportunity to provide arrows to parking but not specific directions to the individual parking spaces. Donovan asked how many signs will be seen. Ruther said two to three of the large signs will be needed to provide directions down the street. Zemler asked how many private parking areas are in town. Ruther said six, and as a percentage, 8 -10% of parking is located on private parking. Daly said to use April 24, Town Council Meeting Minutes January 4, 2011 Page 4 2011 as the termination date of the ordinance instead of March 1, 2011, so if new technology or other issues come up Council has time to come up with a permanent solution at the end of ski season. Newbury said she agrees and wants this ordinance passed and agreed to the expiration date change to April 24, 2010. Newbury made a motion to approve the emergency Ordinance No. 2, Series of 2011, with the expiration deadline to April 24, 2011 and the motion was seconded by Tjossem. Further discussion ensued. Mire stated they should consider moving the expiration deadline to May 3, 2011. Newbury amended her motion to change the date to May 3, 2011 and was seconded by Tjossem. Cleveland had concerns and wanted only two signs allowed. Rogers said the administrator has the ability to control the number of signs and trusts that they will control how many signs are allowed. Donovan said she won't be supporting the ordinance as she feels the ordinance will be in direct conflict with regulations they just passed for ski yard signage. Tjossem said we need to hold the town accountable as we are using a -frame type signs. A vote was taken and the motion passed, 5 -2; Cleveland and Donovan opposed. A five minute break was taken. The seventh item on the agenda was a recommendation to amend the Village Camera Policy to allow recording. Dwight Henninger, Vail Police Chief, said cameras were installed for loading and delivery purposes effective July 21st, 2009. Six live -feed, non - recording cameras were put in place to help enhance the efficiency of loading and delivery in the Vail Village. The Vail Police Department considers this technology to be a vital crime fighting tool that will improve the Department's ability to create a safer community. This allows for the Department to prevent and detect public safety emergencies, criminal conduct, and assist investigations and legal proceedings. The Vail Police Department is committed these goals without compromising the publics right to privacy. Henninger said there have been six robberies and if the loading and delivery cameras were in use they could have used the cameras. He said since the cameras were installed, at least once a month they could have used the cameras for violations. He said the police department does not think the invasion and right to privacy would be violated. He said the panning of the cameras is only on public property and the department would only go back to view the camera videos if an incident happens, and a supervisor would be needed for releasing information, and would only be kept for seven days, unless there is an incident that would require keeping the video for longer. He said some businesses have cameras but are not very good quality. He stated there was an attachment with a more coherent policy for use of the camera and placement. He said this would involve stakeholders and community members to determine where the cameras would be used. Rogers asked if seven days is common as she thought that Town Council Meeting Minutes January 4, 2011 Page 5 was a short period of time. Ron Braden, IT director, said the town uses a Bosh security system and it would depend on capacity and they would need another $7,000 to keep the video longer. Rogers asked Braden to look into the cost of keeping the video longer. She asked if there were cameras on the town buses and how long that video is kept. Braden said yes there are cameras on the buses and it depends on how long the bus runs and if there is an incident, on how long the camera video is kept. Go to memo to get information that daly had concerns about: Daly asked how long the data should be stored to feel comfortable with keeping the information in case there is delayed reporting of an incident. Henninger said within two weeks they know if there is an incident. Daly wants this to be the ultimate solution not a temporary fix. Mire said someone has up to six months to file a law suit per the statute of limitations. Foley asked if someone was going to look at the tapes everyday. Zemler said no. Donovan is uncomfortable with seven days let alone six months. Daly said page 3, 2 paragraph. What does that mean. ? ?? gray out to protect privacy, video monitoring systems, page 4, add as section d. have a log and written approval by town manager or his designee and what circumstance. Cleveland said to stay focused on the six cameras before them and not about a policy at this point. Newbury said the nine businessed that were burglaraized. How many had their own cameras. Bettis said 4 businesses had cameras and only 2 were able to be used. Braden said the clarity on the cameras are high. The cameras are on timers to zoom in or broaden the view. Daly said what the town needs to approve use of the six cameras. Doug Johnson, asked how many frames per second are on the camera. If it's not part of a criminal 30 frames eprs second by brfaden. Kaye Ferry said the last time this discussion came up it was heated. She said this is not everywhere, she thinks that having the cameras is intrusive and offensive. Gwen Scapello, resident, said she is talking about public streets. This would be an asset. Rich Ten Brakk, VC BA, said he has personally spoken to folks that were victimized and they want the cameras to be used. It not the best idea but this is a given in the rest of the world. It's a security issue. Jim Lamont, VHOA, recalls the discussion a year ago and policy issues were going to be discussed and nothing has been set. He said he spoke with Henninger and told him due to economy there would be issues and here we are. Town is too quick to rush into technology quick fixes. Mike Cacioppo.... Donovan said she feels she is uneducated about monitoring systems and wants more time to have discussion about the technical issues. And wants a broader discussion on the policy issue. She supports initially becaue the community is in favor of it Town Council Meeting Minutes January 4, 2011 Page 6 overwhelmingly. Rogers said look at google earth and the expectation of privacy is naive and doesn't exist anymore. Is putting this six cameras legitmate in solving crimes and solving other matters. It si the chief's job to staff appropriately. There isn't a legitimate expection that you have privacy on public property. As far as the policy she wants to address it later. We have the tools to help the police solve crimes. She is in favor of it. She wants keep tapes for six months and have ability to defend the town against claims. Only going to be used owhen they are necessary and with town manager approval. Zemler said they just record over them selves. They have a data storage unit. Daly said after six months, get community input and moved to authorize the six loading and delvier cameras will retain recorded footage for seven days for storage and this resolution will be in place for six months at which staff will discuss the issue publicly and formulate a comprehensive policy with the desires of the community, 2nd by rogers. Cacioppo said one good thing about it is if we have rogue cops we better have the tapes. Newbury said she drives the cars for the Tivoli and the roads are constantly blocked. She is uncomfortable and wants to use the cameras for loading and delivery and keep it for loading and delivery. Foley said the cameras are used as a deterrent, seven days is more than enough time to keep the film. A vote was taken , and passed 7 -0. The eighth item on the agenda was second reading of Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. Bill Gibson, Planner, said on December 21, 2010 the Vail Town Council approved the first reading of Ordinance No. 22, Series of 2010, as presented by a vote of 6 -0 -0. The Planning and Environmental Commission (PEC) recommends the Vail Town Council approve Ordinance No. 22, Series of 2010, on second reading. There were no modifications from first reading. Foley asked if this ordinance will be extended to include restaurants and other businesses. Gibson said the PEC and DRB will be meeting to have further discussions on that possibility. Foley made a motion to approve second reading of Ordinance No. 22, Series of 2010; and was seconded by Daly. Cleveland said it was a bad precedent to be setting as all the code changes are being done for one development and that development keeps violating the town ordinances. A vote was taken and the motion passed, 7 -0. The ninth item on the agenda was first reading of Ordinance No. 1, Series of 2011, an Town Council Meeting Minutes January 4, 2011 Page 7 ordinance amending Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for beauty and barber shops with exterior frontage on a public way, street, or walkway" as a conditional use outside of the Commercial Core 1 and 2 zone districts and outside of the primary and secondary pedestrian mall within the Lionshead Mixed use 1 and 2 zone districts as defined by the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. Warren Campbell, Planner, said reviewing the 1981 regulations was to protect the horizontal views of the town. Over the years the intent of the regulations was warped a bit. Intent was no beauty and barber shops be on first floor in cci and ccii districts. On December 13, 2010, the Planning and Environmental Commission held a public hearing to discuss the proposed amendments to the Town's zoning regulations and a conditional use permit application to allow for a "beauty and barber shop" within the Ritz - Carlton. The Commission forwarded a recommendation for approval, for the proposed zoning regulation amendments to the Vail Town Council. Additionally, the Commission approved the conditional use permit request for a beauty and barber shop in the Ritz - Carlton, on the condition that the ordinance amending the regulations regarding the ability for the land use to have exterior frontage on a public way, street. or walkway was adopted by the Town Council. Staff has attached the memorandum to the Planning and Environmental Commission for reference. Space in at the northeast corner of Ritz - Carlton. This is a non - pedestrian mall area. Daly said the future Ever Vail project would make this a major pedestrian or vehicular way or public mall. Campbell said this would still be a conditional use permit. How do you apply to future development the master plan would have to be revisited. Mauriello said what you see on the map it would be prohibited in the designated. If you are out of the green area you can ask for a conditional use permit, but it may not necessarily be done. Would have to adopt a new the map. Criteria on pages 9 and 10 would be used. Foley made a moiton to approve 1 reading seconded by Newbury, a vote was taken and passed 7 -0. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 1, Series of 2011, on first reading. Made a motion to approve first reading of Ordinance No. 1, Series of 2011; seconded by ; a vote was taken and passed 7 -0. Town Council Meeting Minutes January 4, 2011 Page 8 The tenth item on the agenda was second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner requested the Council table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's January 18, 2011 public hearing. BACKGROUND: On December 7, 2010 the Vail Town Council tabled the second reading of Ordinance No. 15, Series of 2010, to its January 4, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. Made a motion to tablepd to January 18, 2011 , newbury 2 by Donovan, passed 7 -0 The eleventh item on the agenda was a request to have a continuance of Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. This resolution is being reviewed in association with the proposed Ordinance No. 15, Series of 2010 Bill Gibson, Planner requested the Council table Resolution 23, Series of 2010, to the Vail Town Council's January 18, 2011 public hearing. BACKGROUND: On December 7, 2010 the Vail Town Council tabled Resolution 23, Series of 2010, to its January 4, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. Tjossem Made a motion , 2 by Donovan 7 -0 Town Council Meeting Minutes January 4, 2011 Page 9 The twelfth item on the agenda was a request to table an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a conditional use permit pursuant to Section 12- 9C- 3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract E, Vail Village Filing 7, and setting forth details in regard thereto. Bill Gibson, Planner stated on December 21, 2010 the Vail Town Council granted a continuance this item to the Council's January 4, 2011 public hearing. Since that hearing, the applicant (Vail Recreation District) and the appellants (Susan P. Johnson and Vail Mortgage Trust) have been negotiating an alternative location for the proposed golf course lightning shelter. Both the applicant and the appellant are requesting additional time to continue their negotiations. He requested the Council grant a continuance of this item to the January 18, 2011 Town Council public hearing to allow the parties additional time to obtain information. Newbury Made a motion to continue to 1/18/11 2 by dononvan, table, 2nd by ; passed 7 -0. The thirteenth item on the agenda was adjournment (approximately 8:50 p.m.) Foley Made a motion to adjourn; seconded by tjoseem ; a vote was taken and passed 7 -0. Adjourned at 8:;27 p.m. Respectfully submitted,I` • SEAL b ii 1; Dick Cleveland, ayor Attest: r Ad' 41 1 Lor Donaldson, Town Clerk Town Council Meeting Minutes January 4, 2011 Page 10 Vail Town Council Meeting Minutes Tuesday, January 18, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Sue Dugan, Vail resident, said she was recently in Australia and there were cameras everywhere and they are not a problem. Foley extended condolences to the "Dickey Pete" Peterson family. The second item on the agenda was the Town Manager's Report. There was none. The third item on the agenda was the consent agenda: Approval of the December 7, 2010 and December 21, 2010 meeting minutes. Foley made a motion to approve the minutes of December 7, 2010 and December 21, 2010, with typographical correction changes; the motion was seconded by Donovan. A vote was taken and the motion passed 7 -0 for the December 7, 2010 meeting minutes. On the December 21, 2010 meeting minutes the vote was 6 -0 -1, with Cleveland abstaining as he wasn't in attendance at that meeting. The fourth item on the agenda was a discussion of the 2015 World Championships. Stan Zemler stated the purpose of the discussion was to provide staff with direction about whether or not to plan to add funding to the first supplemental in 2011, the first payment of $250,000 as requested by the Vail Valley Foundation (VVF) and by doing so, the Council is supporting, in concept, the Vail Valley Foundation proposal, acknowledging that annual appropriations will be requested going forward. A total of 1.25 million is to be paid out over the next 5 years. He said the "Qualifiers" would be held at Golden Peak and Vail would be the center of special event activities. Rogers read through the proposal and Beaver Creek will have the races and Vail will have all the other special events, however, on the second to last page, it states Vail wouldn't get the final closing awards ceremony. Ceil Folz, Executive Director of the WF, said the closing ceremonies are tied into the final race. Vail has all the formal awards but once the race ends on closing day, there is a closing ceremony at the end of the final race. The final race and closing ceremonies happen within one hour. She said by protocol, the final races and final ceremony happen together. She stated once the world cup finishes, everyone leaves. Rogers reiterated there won't be any awards or events for the last night of the championships in Vail. Folz said that is correct and that historically the closing ceremony is very small. Donovan asked if there was the potential of Vail doing something that evening. Folz said yes that could be a possibility, a volunteer party or something. Daly said he had requested an itemized list of what the impacts for 2015 for Vail would be and a specific itemization of what Vail would get in exchange for their funding contribution. He stated he is uncomfortable designating and dedicating the full funding amount when they don't know what Vail will get. Folz said it's hard to get very specific four years out. She said there are a lot of Vail folks on various 2015 sub - committees. She stated Vail and Beaver Creek will have equal representation on all advertising, venues, etc. Daly said the biggest benefit and impact will be the vignettes that will be on television and he wants to see Vail well represented. Folz said it would be WF's responsibility to get Vail in the vast majority of vignettes made. Newbury said she wants a list of who is on what committee since Folz said Vail is well represented on the committees. Folz said Zemler has a master list of committees and committee members. Rogers stated she is not comfortable voting in favor of the funding until Council knows what the other partners are putting in for their funding. Folz said Beaver Creek is putting in $1.5 million. Donovan said she would be voting in favor of the funding, however, for the record, there are lots of community members upset that Vail isn't going to have any races in Vail. She said this has crystallized for everyone that racing is part of our heritage, history and future of Vail. Daly said they had met with the WF and Vail Resorts and they had made a firm commitment to develop Golden Peak and that Vail will host women's racing and hoped it happens sooner than later. Rogers asked if Beaver Creek has committed to the $2.5 million. Folz said they have a meeting on Thursday morning and feels confident Beaver Creek will commit. Cleveland said the positive is the funding is in increments and future councils will have to make additional commitments. Rogers said once the Council approves the $1.25 million in payments, there will be high pressure to pay the full amount in the future. Daily made a motion to approve adding $250,000 to the supplemental appropriation realizing that other Council's will have to approve further funding. The motion was seconded by Tjossem. Foley said this is a tough decision for him, however, seeing a spike in international visitors in the long run, and getting international business and guests are what the town is trying to attract and this will continue to bring them to Vail. A vote was taken and passed 7 -0, to bring a supplemental appropriation to the Council. The fifth item on the agenda was a follow up discussion regarding the Comcast Franchise Agreement renewal. Matt Mire, Town Attorney, stated Comcast has a presentation, and then the Council can ask questions of staff and the Comcast representative, Janet Rinaldi, and then provide staff with direction. Mire said in 1995, the Town of Vail (the "Town ") entered into a cable franchise agreement with TCI Cablevision. Several years later, TCI was purchased by AT &T and finally Comcast. As part of this agreement, the Town was given a fiber optic network connecting all five municipal buildings. The franchise agreement ended on January 4, 2010. The agreement provides for continuation of service on a month to month basis until a new agreement can be reached between the Town and Comcast. As part of the franchise renewal process, and pursuant to §8- 5- 12(A)(1) of the Vail Town Code, the Council is required to consider, among other things, whether the cable operator has substantially complied with the material terms of the existing franchise and with applicable law. Accordingly, on October 19, 2010, Council directed staff to have a technical audit conducted to determine compliance and to return to Council on January 4, 2011. The Town did not have the audit report in time for the January 4th meeting, so the discussion was tabled to today's date. He said the audit was just posted to the town's website. Rinaldi said Comcast was unrolling some upgrades in October. She said Comcast is working on correcting the items in the audit and they have addressed about a third of them. Daly wanted to know what third of the items they had addressed. Rinaldi said there were 75 items in the audit that needed to be addressed and that the 800 to 2500 is an extrapolation of issues they identified according to the number of plant miles. Rogers asked if Comcast has information that shows the audit information is wrong and Rinaldi said no. She stated some of the bonding and ground issues were being addressed and the multiple dwelling unit issues were started prior to the audit. She said new product and services were being addressed but they need to work with the Colorado Department of Transportation (CDOT) and there are multiple steps that need to be worked out. She said On- Demand should be in place by November, 2011 and the final piece of Comcast Digital Voice will be completed in June, 2011. Cleveland asked if it was safe to say Comcast didn't provide a level of service compared to other cities. Rinaldi said the franchise agreement only addresses video services. Daly asked if the agreement didn't touch on voice or Internet services. Rinaldi said it didn't. Mire said Council needs to set a time frame in which to address the alleged violations. Sue Dugan, resident, said she has gone through waiting for a year to get cable service. She had a bad service line and has had a very bad service experience that has lasted years. James Harrison, resident, said Comcast said they don't have basic cable services but on television it says they do have it. He asked why there aren't basic services in Vail, and Channel 5 representatives say anyone should have access to the basic services. Rinaldi said they do provide basic services and are required to have basic tier services open for public access. Mark Hollenbeck, a member of the Village Center Homeowners Association (VCHA), asked when the CDOT fiber optic will be completed. Rinaldi stated the video on demand will be available at the end of February and voice on demand at the end of June, 2011 and the full fiber optic will be completed by the end of June, 2011. She said negotiations were completed in August, 2010 and there are a number of items that need to be accomplished first. Hollenbeck said the VCHA is still having a difficult time getting the level of service as promised. He said it takes one to three days to get a receiver replaced and on average, once a month 7 -10 receivers need to be replaced. He said equipment is constantly having issues. He said Comcast does a poor job rewiring or grounding their equipment and have it be safe to the public. The VCHA have had several electrical surges so their system may not be grounded properly. He said they always have to monitor their technicians to make sure everything is put back in place. He said the bottom line is the service needs improve dramatically. He wants to know what checks and double checks will be in place from now on, how they will handle 2015 championships demands, high definition is an issue and wants to know what kind of leverage does the town have to make Comcast correct issues. Rinaldi said Comcast wants to be involved in planning where the media centers will be for the 2015 championships and work with the town on it. Comcast wants to participate to the extent they can and on the marketing side there are many opportunities as well. Cleveland asked if the Comcast /NBC merger will have an effect on the town. Rinaldi said it's too early to say as it was just announced today. Mike Geneff, a VCHA board member, thanked the Council for doing the audit and urged them to set a timetable for the remedies. He said one glaring issue is customer interviews in the audit and they need the Council's continued help to get issues resolved. He said the Council has an opportunity to represent citizens of Vail and get high quality service to its citizens. Mire stated for the record, several phone calls and emails were received on this agenda item. He said they need to set timeframes for remedies and the town code provides for posting of a $50,000 letter of credit. Newbury stated as they are negotiating the franchise agreement to improve product and services, a letter of credit needs to be posted within seven days and due to the number of infractions, they should be asking for a $100,000 letter of credit. Newbury made a motion for Comcast to post a $100,000 letter of credit within seven days and 30 days to remedy audit violations; the motion was seconded by Rogers. Foley said a lot of equipment and stuff is under snow and it would be difficult for Comcast to comply in 30 days. He said there should be a time table that goes through spring. Rogers said she feels strongly about the time frame because the contract negotiation has been in the works for a year, the town has had problems for years and apparently Comcast is not willing to do this of their own volition and liquidated damages should begin if they don't fix the issues for every violation. Donovan said the comments from the citizens are overwhelming negative. She said Comcast is not creating a world class experience. A vote was taken and passed 7 -0. Daly said he wanted to address additional issues as the level of frustration within the community, poor quality of service, terrible customer service and lack of commitment by Comcast needed to be addressed. Daly made a motion to direct the town manager to look at condemnation of the cable system to enable a competitive bidding process; the motion was seconded by Rogers. A vote was taken and passed 7 -0. The sixth item on the agenda was second reading of Ordinance No. 1, Series of 2011, an ordinance amending Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for beauty and barber shops with exterior frontage on a public way, street, or walkway" as a conditional use outside of the Commercial Core 1 and 2 zone districts and outside of the primary and secondary pedestrian mall within the Lionshead Mixed Use 1 and 2 zone districts as defined by the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. Warren Campbell stated they fixed the typographical error and specific definitions for beauty and barber shop definitions were clarified from first reading and requested the Council approve, approve with modifications, or deny the second reading of Ordinance No. 1, Series of 2011. On December 13, 2010, the Planning and Environmental Commission (PEC) held a public hearing to discuss the proposed amendments to the Town's zoning regulations and a conditional use permit application to allow for a beauty and barber shop" within the Ritz - Carlton. The PEC forwarded a recommendation for approval, for the proposed zoning regulation amendments to the Council. Additionally, the PEC approved the conditional use permit request for a beauty and barber shop in the Ritz - Carlton, on the condition that the ordinance amending the regulations regarding the ability for the land use to have exterior frontage on a public way, street or walkway was adopted by the Council. On January 4, 2010, the Council approved the first reading of Ordinance No. 1, Series of 2011, by unanimous vote. Staff was directed to examine the current definition of beauty and barber shops and bring forward amendments which would address the differences between a beauty and barber shop. Foley made a motion to approve on seconding reading Ordinance No. 1, Series of 2011; the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. The seventh item on the agenda was a request for a continuance of Second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Ruther, Planner, planner, requested the Council table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's February 15, 2011 public hearing. On October 5, 2010 the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2010, by a vote of 5 -2 -0 (Rogers and Tjossem opposed). At subsequent public hearings, the Vail Town Council tabled the second reading to allow staff and the applicant time to gather additional information for the Council's review. Since those hearings, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. Newbury made a motion to table the second reading of Ordinance No. 15, Series of 2010, to its February 15, 2011 public hearing. Daly seconded the motion. Foley asked what had been happening. Ruther stated they are working with the applicant to clarify all the issues. And will come back with a model and getting it right. A vote was taken and passed unanimously, 7 -0. The eighth item on the agenda was a request for a continuance of Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Ruther requested the Council table Resolution 23, Series of 2010, to the Council's February 15, 2011 public hearing. He said on January 4, 2011 the Vail Town Council tabled Resolution 23, Series of 2010, to its January 18, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. Daly made a motion to table Resolution No. 23, Series of 2010 to its February 15, 2011 public hearing; the motion was seconded by Tjossem. A vote was taken and passed unanimously, 7 -0. The ninth item on the agenda was adjournment. Foley made a motion to adjourn, and Daly seconded the motion. A vote was taken and passed unanimously, 7 -0. The meeting adjourned at 7:15 p.m. VA/ Respectfully submitted, SOi t • Richard D. C evel Mayor Attest: A. relei Donald o ' , Town Clerk Vail Town Council Meeting Minutes Tuesday, February 1, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was the Consent Agenda. 1) Resolution No. 2, Series of 2011, A Resolution Approving an Intergovernmental Agreement (IGA) between the Town of Vail and the State Board of the Great Outdoors Colorado (GOCO) Trust Fund for the Red Sandstone Elementary School Playground Improvements Grant; and Setting Forth Details in Regard Thereto; and 2) Resolution No. 3, Series of 2011, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County School District RE350 for the Red Sandstone Elementary School Playground Improvements; and Setting Forth Details in Regard Thereto. Matt Mire, town attorney, stated there was a change to Resolution No. 3, Series of 2011, as the IGA that was attached was not the correct one. Town Council Meeting Minutes for February 1, 2011 Page 1 Gregg Barrie, Public Works representative, requested the Council approve both resolutions and authorize the town manager to sign and enter into the IGA's with GOCO and Eagle County School District in forms approved by the town attorney. Foley made a motion to approve the consent agenda for Resolution No. 2, Series of 2011 and Resolution No. 3, Series of 2011, with the correct IGA attached and authorizing the town manager to sign and enter into the IGA's. The motion was seconded by Newbury. Aaron Whitty, from Red Sandstone Elementary, stated they had preliminary drawings for the Redstone Elementary School playground and they were very appreciative of the Council's support. Newbury gave special thanks to Gregg Barrie for making these grants possible. A vote was taken, and the motion passed unanimously, 7 -0. The third item on the agenda was the Town Manager's Report. Kathleen Halloran, budget manager, reviewed the December 2010 Revenue Update memorandum stating the November sales tax revenue for 2010 was a near record high of 20.4% year -to -date ; RETT was up with $7 million in collections, another near high; and year -to -date for 2010 was up 4% from 2009. She said overall revenues are up 18.9% for 2010 and up 8.8% from the budget. The fourth item on the agenda was the approval of a Legal Service Agreement. Cleveland stated Matt Mire, Vail's town attorney, is currently a town employee. The Council and Mire have agreed to change the status of the town attorney from a full - time town employee to a contract employee. He said a lot of municipalities have part- time, contract attorneys. Mire said the town attorney, is duly appointed by the Council as the town attorney as set forth in Section 7.1 of the Town of Vail Charter and he has served as the town attorney since November 1, 2001, per the employment contract, dated October 31, 2001, (the "Contract ") which creates terms and conditions of the town attorney's employment and establishes the town attorney as a full time Town of Vail employee. The Council and the town attorney wish to terminate the contract, and the Council wishes to retain as the town attorney on an hourly basis and pursuant to the terms set forth in the attached Legal Services Agreement (the "Agreement "). The contract calls for the town attorney to have office hours two days a week in Vail and be effective beginning March 12, 2011. Michael Cacioppo stated he has concerns about not having access to the town attorney five days a week and inhibiting open dialogue. Town Council Meeting Minutes for February 1, 2011 Page 2 Cleveland stated the town attorney will be available to handle public inquiries as before. The public will need to make an appointment to speak with the town attorney on the days the town attorney will be in the office. Rogers made a motion to approve the legal services agreement, and the motion was seconded by Daly. Foley thanked Mire for his service to date. Newbury wanted to know who will direct Mire to attend other town meetings. Mire said he would be sensitive to who is asking. Cleveland said he would like to have the town manager or his designee added to the contract. Zemler said there is some uncertainty on how this will evolve. Newbury said the council members may change and this detail will be needed to make the transition easier. The intention of this change is to not deny staff Mire's expertise but to use it when he is in the office. Mire said some cities do not allow members of the public to contact the attorney and others allow it. Rogers amended her motion to change paragraph 6a of the agreement to add "as directed by the town manager or his designee "; and the motion was seconded by Daly. A vote was taken, and the amended motion passed, unanimously, 7 -0. The fifth item on the agenda was a final presentation on the findings of the "Ever Vail Fiscal and Economic Impact Analysis" report, dated January 13, 2011. George Ruther said on December 7, 2010; the Vail Town Council heard a presentation by EPS on the findings contained in the "Ever Vail Fiscal and Economic Impact Analysis" report, dated November 11, 2010. Council asked staff to have the consultants answer questions on the final report and this meeting is in response to the questions raised by the Vail Town Council on the 7th. Ruther said the things the Council should keep in mind are hot beds, service plan, etc. Andy Knudtsen and Brian Duffany, of Economic and Planning Systems, presented the Council with the Ever Vail fiscal and economic impact. The key findings were Ever Vail would expand the town's economic base by expanding visitation as hotels provide the most fiscal and economic benefit to the town. Knudtsen said they called the general managers at Four Seasons Hotel and they stated 75% of their hotel guests will be net new to Vail. The general manager thinks this is a low estimate, as they have a big following and international traffic will be high. The Arrabelle general manager said 45% of their guests are new, a change from a previous 60 %. The Lodge at Vail stated 35% of their guests are net new. Four Seasons said Town Council Meeting Minutes for February 1, 2011 Page 3 they have captured an international and loyal following and welcome competition for high end guests. The Vail Marriott stated their room rate is modest and more competitive for group business and said 55% is net new. Knudtsen said the Ever Vail hotel could bring in additional summer and shoulder season business by marketing to groups and events. He said additional findings of the economic analysis indicate that cannibalization of existing retail and restaurant sales by Ever Vail businesses will be minimal. The 35,000 square feet of office space will make a modest contribution to the town's economic diversity. Daly said there is a need to size Ever Vail properly as it relates to the retail and hotel components. Knudtsen said there are comparisons in the report and that proportions are similar to what is in Vail and Lionshead now. The report was discussed at length and the report used a blanket net new of 50 %. A 102 room hotel does not seem conducive to groups and so it's important to have lock -off units. He said rental programs and units can be designed so they can have lock -off's to put in a rental program. Rogers said she is uncomfortable that the report used 70% net new in the analysis. Knudtsen said they will use 50% net new business in the economic analysis, which is a more conservative approach. Kaye Ferry, resident, said she is concerned about cannibalization of businesses such as Solaris. She also asked where the 1.8 million skier day figure came from. Knudtsen said that figure is not skier days, but visitor days only. Ron Riley, a Vail business owner, said he is doubtful in the ability to generate the percentages of net new businesses the study has estimated. Rogers said she wants another survey done specifically from hotels on the percentage of rooms that are in a rental program. Knudtsen said they will do additional research. A joint work session with the Planning and Environmental Commission and Council for an afternoon work session will be set to discuss continued actions and recommendations. The sixth item on the agenda was Resolution No. 5, Series of 2011, a Resolution authorizing the Town Manager to enter into an agreement with the Vail Village Inn Homeowners Association to fund up to $25,000 of the cost to complete below -grade tunnel improvements necessary to fully implement a dispersed loading and delivery system in the East Meadow Drive neighborhood of Vail Village; and setting forth details in regard thereto. Town Council Meeting Minutes for February 1, 2011 Page 4 George Ruther, Community Development Director, stated on January 18, 2011, the Vail Town Council instructed staff (6 -1 Cleveland opposed) to prepare a resolution authorizing the Town Manager to enter into an agreement with the Vail Village Inn Homeowner's Association to fund up to $25,000 of the cost to complete below -grade tunnel improvements necessary to fully implement a dispersed loading and delivery system in the East Meadow Drive neighborhood of Vail Village. Funding of these improvements closes the gap in the financial needs of the project and furthers the town's goals of creating a pedestrianized mall in Vail Village. Ruther explained the existing conditions located south and east of the Main Vail roundabout. He said tunnel improvements need to be made to make the final connection to complete the loading and delivery system on Meadow Drive. He said the town should not have any financial obligation for construction and believes the $25,000 request is reasonable. He said staff recommends the completion of the loading and delivery system addresses a number of town goals and objectives. For instance, a long term solution to an ongoing need for loading and delivery in the East Meadow Drive neighborhood is addressed; the business, resident and guest experience in Vail Village is enhanced; vehicle noise and congestion along East Meadow Drive is reduced and public safety is improved; and the community benefits from the completion of the improvements. Daly said the payment of $25,000 should be upon issuance of a building permit and not issued up front. Jonathan Staufer, Vail Village Inn representative of the property owners, said he is in support of the loading and delivery tunnel improvement project and thanked staff for all the work involved to get the tunnel done. Jim Lamont, Vail Homeowner's Association, said he is also in support of the project and said it is the last of the projects needed to complete the dispersed loading and delivery system in Vail. Cleveland said the way the resolution is written, the cost is going to be $25,000, not up to $25,000. He has problem using public funds for the tunnel. Foley made a motion to approve Resolution No 5, Series of 2011, spending up to 25,000 for the tunnel completion; and the motion was seconded by Daly. A vote was taken and the motion passed 6 -1, Cleveland opposed. Council directed staff to return to discuss a pilot loading and delivery program on East Meadow Drive as there is a need to understand what 's working. Town Council Meeting Minutes for February 1, 2011 Page 5 The seventh item on the agenda was First reading of Ordinance No. 3, Series of 2011, an ordinance repealing and reenacting Chapter 7, Contractor, Registration, Title 4, Business License and Registration, Vail Town Code, and setting forth details in regard thereto. George Ruther reviewed first reading of Ordinance No. 3, Series of 2011, with the Council saying the changes need to be adopted by code, and staff recommends amending the chapter. He said the current process for contractor registration is subjective, outdated, time consuming and costly to administer and that the process has remained unchanged for more than 33 years. He said this ordinance aims to solve the problems associated with the current contractor registration process. Ruther said the proposed amendments create a contractor registration process which is objective, eliminates waste, is cost effective and relies upon current technology to improve productivity and customer service. He said a high amount of staff time is consumed and this shifts the responsibility to the contractor to have proof of insurance, automates the registration process, and the contractor registration fees don't reflect what it costs to process. He said the registration would be good for three years and spreading it out will be more effective for staff time. The fee increases from $75.00 annually to $200 every three years will be more effective as well. He said there is a penalty clause, and staff is proposing an administrative penalty up to two times the cost of the registration. He said this will end the current bureaucracy and redundancy of the process. Homeowners are exempt from the process. However, general contractors, plumbers, electricians and fire related businesses will still be required to have general liability insurance. He said violations of the registration and proof of insurance process will also have an appeal process. There will be customer service computers at the Community Development counter and customers can use the computers to process their registration. Staff will be announcing the change on the town's website and send out an e-mail newsletter. He said there have been no negative comments to date. Foley made a motion to approve first reading of Ordinance No. 3, Series of 2011, and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7 -0. The eighth item on the agenda was the discussion of the Lionshead Transit Welcome Center - Packages A (Pre -Cast Concrete), B (Elevators), and C (Mechanical Equipment) Contracts Award. Town Council Meeting Minutes for February 1, 2011 Page 6 Tom Kassmel, stated staff requests Council to award separate Contracts to the recommended contractors for the Lionshead Transit Welcome Center Packages A, B, and C. The Town of Vail is in the process of completing Construction Documents CD's) for the Lionshead Transit Welcome Center (LHTWC) Project that will replace the existing Lionshead Auxiliary Building. The CD's, also known as the Lionshead Transit Welcome Center Package D, will be complete and publically bid in February, with a General Contractor (GC) contract award on March 15th. Kassmel said in order to save six weeks in the 2011 construction schedule, proposals for the LHTWC Packages A, B, C were publically solicited. The LHTWC Packages A, B, C, were solicited for Pre -Cast Concrete (A), Elevators (B), and Mechanical Equipment (C). These three packages are for long lead items that will significantly impact the construction schedule if they were to be awarded in mid -March to a General Contractor, with the LHTWC Package D construction documents. He said the purpose of this Council session is to award three separate contracts for the LHTWC Packages A, B, C to the recommended proposers. The contracts will be awarded to the recommended proposers with a Notice to Proceed on the shop drawings portion of the contract only. He said by the time the shop drawings are complete and approved in mid - March, Package D, the complete CD package, will have been publically bid and awarded to the recommended General Contractor. At that time the remaining fabrication and construction portion of the Package A, B, C contract will be assigned to the General Contractor for coordination and assimilation into their construction schedule. By awarding these three contracts, the LHTWC project construction schedule can be shortened by six weeks allowing for an anticipated substantial completion in December of 2011. He said the town received two bids for A, two bids for B and three bids for C. Kassmel said staff recommends directing the town manager to enter into contracts and award for: Proposal Package A (Precast) to Stresscon for $710,610.00, with an initial Notice to Proceed in the amount of $45,064.11; Proposal Package B (Elevators) to Otis for $116,300.00, with an initial Notice to Proceed in the amount of $8,720.00; and not awarding Proposal Package C (Mechanical Equipment) at this time. Awarding contracts A & B now will benefit the whole project and allow these parts to be done before July 4, 2011. Daly made a motion to approve contracts for Proposal Package A (Precast) to Stresscon for $710,610.00, with an initial Notice to Proceed in the amount of $45,064.11; Proposal Package B (Elevators) to Otis for $116,300.00, with an initial Notice to Proceed in the amount of $8,720.00; the motion was seconded by Newbury. A vote was taken and passed unanimously, 7 -0. Town Council Meeting Minutes for February 1, 2011 Page 7 The ninth item on the agenda was adjournment. Foley made a motion to adjourn, seconded by Tjossem. A vote was taken and the motion passed, 7 -0. The meeting adjourned at 8:25 p.m. Respectfully submitted, Dick Cle d, Mayor Attest: GVAIL Off . o.. 1 L• rei Onaldson, Town Clerk ryv Town Council Meeting Minutes for February 1, 2011 Page 8 Vail Town Council Meeting Minutes Tuesday, February 15, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Member Absent: Kim Newbury Staff members:Matt Mire, Town Attorney Pam Brandmeyer, Acting Town Manager Staff members absent: Stan Zemler, Town Manager The first item on the agenda was Citizen Participation. Michael Staughton, business owner and Vail Chamber and Business Association (VCBA) member, asked the Council to add a work session item to discuss solutions for loading, delivery, and parking of service vehicles (plumbers, refrigeration, etc.) in Vail. Cleveland said Foley has brought this issue up before and staff will add it to a future work session to discuss and resolve. Jonathan Levine, owner of Eco Limo Vail, a limousine service in Vail, wanted clarification about why the limousines cannot have access to the top of the Transportation Center VTC). He said restricting all limousine services at the VTC due to bad behavior of limousine service providers is extreme. He stated he is in favor of supporting the police department; however, he would like to meet with the police department, shuttle service companies and limousine companies to come up with other solutions. Cleveland said they questioned the police department staff and misbehavior of shuttle and limousine services personnel has lead to this solution. He said Council gave the police department a directive to designate a place for the limousines to stage their vehicles while waiting to provide service for the town's guests. He said there will be cards available with limousine services contact information so hotels and other businesses can hand out to guests to call limousine services. He said the limousine Town Council February 15, 2011 Meeting Minutes Page 1 services must abide by the Public Utilities Commission (PUC) regulations regarding these services, which includes having prearranged pick up and drop off services for guests. The limousine services cannot loiter or stage their vehicles at the VTC. Levine said restricting limousine services at the VTC doesn't work well as everyone goes to the transportation center to get picked up. Rogers reiterated that the guests would call the limousine service provider and could arrange for them to be picked up or dropped off at the VTC. The police said the limousine service providers would have access to the transportation center so they can drop off or pick up guests at the transportation center. Cleveland said the town doesn't have the resources to monitor all activity and the Council gave the police department a directive so the impact is minimal to legitimate service providers. Levine wants to add video monitoring at the VTC to monitor misbehaviors of taxis and limousine services. Rich Ten Braak, Director of the Vail Chamber and Business Association, stated the parking for service vehicles has fallen through the cracks and needs to be addressed. He also gave Council an update on the Premier Impressions program, a town -wide customer service initiative. He said the nomination numbers started out slow but picked up and they have 92 current nominations. They have expanded the locations where nomination forms can be picked up. He said each qualified nominee gets a $50 gift card to a business in Vail and they are invited to attend a party at Eagle's Nest. He invited Council members to attend the party on April 7 at Eagle's Nest at 5:00 p.m. Cleveland asked if the marketing has changed as he hadn't heard about it. Ten Braak said no, the information is in the newspaper, sent out via their newsletter, e-mail, and forms in various business locations throughout Vail. The second item on the agenda was the Consent Agenda. 1. Approval of the January 4, 2011 meeting minutes; and 2. Approval of the January 18, 2011 meeting minutes. With corrections page 3 Daly Rogers made a motion to approve the meeting minutes of January 4, 2011, and January 18, 2011; and the motion was seconded by Foley. Daly had a minor correction to the January 18, 2011, meeting minutes. A vote was taken and the motion passed unanimously, 6 -0, with the correction. The third item on the agenda was the Town Manager Report. There was none. Cleveland stated Zemler and Chief Henninger are in Garmisch and will be back tomorrow. Town Council February 15, 2011 Meeting Minutes Page 2 The fourth item on the agenda was second reading of Ordinance No. 3, Series of 2011, an ordinance repealing and reenacting Chapter 7, Contractor Registration, Title 4, Business License and Registration, Vail Town Code, and setting forth details in regard thereto. George Ruther stated on February 1, 2011, the Council approved the first reading of Ordinance No. 3, Series of 2011. The proposed amendments create a contractor registration process which is objective, eliminates waste, is cost effective and relies upon current technology to improve productivity and customer service. Town staff recommends the Town Council approves Ordinance No. 3, Series of 2011, on second reading. Rogers made a motion to approve second reading of Ordinance No. 3, Series of 2011; and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 6 -0. The fifth item on the agenda was a request to table Ordinance No. 15, Series of 2010 to the Vail Town Council's March 15, 2011 public hearing. Ruther said the applicant requested an extension of this item. Daly made a motion to table second reading of Ordinance No. 15, Series of 2010, to the Council's March 15, 2011, public hearing; and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 6 -0. The sixth item on the agenda was a request to table Resolution No. 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area 6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; to the Council's March 15, 2011 meeting. Ruther said the applicant requested an extension of this item to coincide with Ordinance No. 15, Series of 2010 to the Council's March 15, 2011 meeting. Daly made a motion to table Resolution No. 23, Series of 2010, to the Council's March 15, 2011, public hearing; and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 6 -0. The seventh item on the agenda was the Lionshead Transit Center Phase III Request for Proposal (RFP), East Lionshead Plaza and Concert Hall Plaza Streetscape. Town Council February 15, 2011 Meeting Minutes Page 3 Tom Kassmel, said staff wanted direction from Council to finalize and release the Request for Proposal (RFP) to begin the process of hiring a consultant team to produce design and construction documents for the redevelopment of the Lionshead East Mall Plaza and Concert Hall Plaza projects. He said the Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects are the third phase of the Lionshead Transit Center redevelopment. The two projects complete the link between the Lionshead Transit Center, the redeveloped Lionshead Mall commercial core and the hotels and lodges of west Lionshead. He said concept plans for these streetscape projects were developed and reviewed as a part of the Lionshead Transit Center Phase I and Phase II projects in 2010. Since that time, the Council has issued Vail Reinvestment Authority (VRA) bonds and established budgets for the two project areas in the 2012 fiscal year. The establishment of the budgets suggests the Council is ready to move forward on the projects, and if this is still the intent of the Council, the design work will need to begin April 2011. He said staff has drafted an RFP to hire a team of design and engineering professionals to finalize the design and prepare construction documents. He said once proposals are received and evaluated, staff will bring a recommendation to Council to enter into a contract for design and construction documents. Cleveland asked if the Concert Hall Plaza area can be reconfigured to accommodate more drop -off options for temporary parking. Kassmel said the design team can work on that request. Kassmel stated if the Council approves the submittals, this could be completed in 2012 because $2 million is budgeted for the East Lionshead Mall and approximately $750,000 for the Concert Hall Plaza area. However, in order to do these projects in 2012, the town needs the design and construction documents this year. Kassmel said staff is proposing to use the Part Three Concept, East Mall Plaza Improvements, Modest Lower Plaza Landscape, is the one they would be using to simplify the project. Additional special features could be added. Foley asked how this project affects Lionshead Center and Treetops access. Kassmel said access would have to be provided and maintained to these areas. He said staff has a stakeholder's list and this information has been distributed to them. Staff would take this particular concept to the stakeholders for feedback and then bring back the feedback and scenarios to Council. Bus movement around East Lionshead and Concert Hall Plaza areas was discussed, as well as additional bus service, turn - around areas and additional alternatives. One alternative is to run more buses; however, Mike Rose, Transportation Manager, said it was critical to maintain this area instead of adding more buses. Town Council February 15, 2011 Meeting Minutes Page 4 There was no public comment. Cleveland and Rogers stated they don't want an island or curb in the Concert Hall Plaza area as it will invite people to park there with vehicles. Tjossem would like to see a water feature, if possible, and make it inviting to children. Donovan said when she uses the short term parking, she walks out the garage instead of the portal. Kassmel stated the next phase of this project will include more lighting in that area and people will see it is the main portal area. Daly made a motion to direct staff to finalize and release the Request for Proposal RFP) to begin the process of hiring a consultant team to produce design and construction documents for the redevelopment of the Lionshead East Mall Plaza and Concert Hall Plaza projects; the motion was seconded by Rogers. Kassmel clarified the budget approved for the project was $2,075,000 for the East Mall area of Lionshead and $750,000 for the Concert Hall Plaza area. A vote was taken and the motion passed unanimously, 6 -0. The eighth item on the agenda was adjournment. Daly made a motion to adjourn, and the motion was seconded by Tjossem . A vote was taken and passed unanimously, 6 -0. The meeting adjourned at 6:55 p.m. Respectfully submitted, agA ' 0v-: O'•. s Dick Clevelad ayor1 •.....••OJ Attest: r k lei t5onaldson, Town Clerk Town Council February 15, 2011 Meeting Minutes Page 5 Vail Town Council Meeting Minutes Tuesday, March 1, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Robert Milfeld, R.J. Limo of Vail, stated he supports the current regulations of not allowing limousines on the top of Vail Transportation Center (VTC) to solicit business. He said limousines are not allowed by the Public Utilities Commission (PUC) to solicit for business and are only allowed to pick up and drop off people that have made prior reservations. Brian Bosel, with High Country Taxi, and Brad with Vail Coach agreed as well. They said the current system the Vail police department put in place works and they support continuing the process to keep it in place. Jonathan Levine, with Eco Limousine, said he originally came to the meeting because he was still confused about the regulations in place. He said directions were not followed internally and wants to make sure everyone follows the same rules. He said when the town prohibited limos on the top deck of the VTC, there was an open void and Blue Sky Shuttle came in and solicited business. He said several companies are misbehaving and have not taken the regulations seriously, have been trolling for rides and the conflict between taxis, limos and shuttles is more complicated and involved. He said another issue is oversized vehicles and where the police department wants the limos to pick up and drop off does not have adequate access and maneuverability for his vehicles. He said he can live with what is currently approved except for access. He wants to form a committee made up of limo, taxi and shuttle representatives to come up with solutions with the police department. Town Council meeting minutes of March 1, 2011 Page 1 1 Avi, with Rocky Mountain Limousine, said Vail is a small community and the Federal PUC laws state the limo companies cannot pick up clients from the street, there has to be a prior reservation for limo companies to pick up clients. He said if you want to be a taxi, go get a license to do that instead of being a limo company. He said everyone should obey the law. Jacob, with Colorado Mountain Transportation, said the problem is Levine comes with all his fleet and takes all the spaces for pick up and drop off and it's against the law for him to pick up and drop off without a prior reservation. He leaves no place for taxi's to park. He said if the limousine company has a reservation order, that is ok but Levine takes up the whole area with his vehicles. He said the police need to control the situation and monitor the VTC so that only taxis can wait and pick up passengers with no reservation. Foley reminded the community there is a State of the Town meeting on Tuesday, March 8, 2011 at 6:00 p.m. to 8:00 p.m. at Donovan Pavilion. The second item on the agenda was a presentation of the Silver Wreath Medal of Valor Award to Melissa Bixler. Dwight Henninger, Vail Police Chief, presented the department's Silver Wreath Valor award to Melissa Bixler. He introduced Ms. Bixler and said Ms. Bixler disarmed a suicidal person on January 4, 2011, thereby saving the person's life and calling 911. Chief Henninger said the Silver Wreath of Valor is the highest award the Vail Police Department can bestow on a Vail citizen and thanked Melissa Bixler for her service. Cleveland read the proclamation and thanked her for being an asset to the Vail community. The third item on the agenda was the Consent Agenda: 1. Approval of the February 1, 2011 meeting minutes; and 2. Approval of the February 15, 2011 meeting minutes. Foley made a motion to approve the meeting minutes of February 1, 2011 and February 15, 2011, with the correction to remove Newbury as being at the February 1, 2011 meeting as she was absent; 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 Report. Kathleen Halloran, Budget Manager, discussed the Revenue Highlights through February 22, 2011, with the Town Council. She said upon receipt of all sales tax returns, January collections are expected to be around $2.7 million, up 10.3% from budget and 8.3% from last year. The ski season (November- January) is up 11.6% from Town Council meeting minutes of March 1, 2011 Page 2 the prior year. Inflation, as measured by the consumer price index, was up 1.6% in January. She said the Real Estate Transfer Tax (RETT) collection total through February 22, 2011, was $582,966, up 13.8% from this time last year. Approximately 350,240 or 60 %, was from major redevelopment projects including Manor Vail, Mountain View, Ritz Carlton Residences, Solaris, and The Sebastian. Collections not related to major redevelopment projects totaled $232,726 compared with $325,318 through 2010, a 28% decrease. The Parking Revenue Pass sales total through February 22, 2011, is $113,635, up 28% from 2010. She also stated the daily sales from the parking structures total was approximately $1.3 million, down 30% from 2010. However, the 2011 sales are only as of February 22, not the full month. It looks like it will be more like 20% down. The second topic discussed under the town manager's report was the Forest Service Land Swap Exchange. Diane Johnson, Eagle River Water and Sanitation District (ERWSD) representative, discussed the memorandum she submitted to Council and asked the Council to send a support letter to the U.S. Forest Service by the March 11, 2011 deadline. She discussed the five parcels (out of fourteen) that ERWSD are interested in. She said there are two parcels in the Vail area which are located in the Potato Patch area. The ERWSD wants to acquire parcel 9a and place a two- million gallon storage tank in that area in order to service the Town of Vail for emergency services. Cleveland said the Colorado Department of Transportation (CDOT) needs to relocate their maintenance facility from Dowd to that parcel as well Cleveland asked if the Council is in support of sending the letter. Daly made a motion to draft and send a letter of support to the U.S. Forest Service, and the motion was seconded by Foley. A vote was taken and the motion passed, 7 -0. The fifth item on the agenda was preliminary year end results and first reading of Ordinance No. 6, Series of 2011, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund of the 2011 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Kathleen Halloran, Budget Manager, discussed the first supplemental to the 2011 budget with the Council. She recapped the 2010 year end results, and said a record December lead to a $17.7 million sales tax and was a 4.5% increase over the prior year. The Real Estate Transfer Tax (RETT) fund was $7 million which was the second highest in history due to major redevelopment projects and revenue was $51.5 million or up 18.7% from 2009. With regard to expenditures, there was $2 million in general fund savings. One -half million of that was from salary savings due to eliminated and Town Council meeting minutes of March 1, 2011 Page 3 vacant positions. All of these contributed to keeping the general and reserve fundsppgg healthy. The current supplemental request is for on -going capital projects to continue forward. Daly doesn't agree with adding supplemental re- appropriations until actual projects come back. He wants the parking structure and energy projects presented to Council prior to be considered and included in the 2011 supplemental appropriations. Cleveland shared the same concern about the parking structure costs. Further discussion ensued regarding various items of the supplemental. Included in the supplemental was a request of $250,000 for 2011 to support the 2015 Championships. Harry Frampton, a Vail Valley Foundation (WF) board member said he understood there were concerns among the Vail Community because there aren't any races in 2015 that take place in Vail. He said the WF lost over $1 million after each of the 2009 and 2013 championships. The WF had to decide whether or not to go for the 2015 Championships as they risked $1 million to go through the process. He said the FIS process is long process and they started working with the FIS a year earlier. He stated the FIS gave $42 million to Garmisch for their championships and that Garmisch had an advantage because their government contributed $40 million to their championships. Frampton said the WF received a contract from FIS for $35 million, which is $7 million less than they were told and had to reconsider on whether to move forward with the championships in Vail and Beaver Creek. He said raising additional funds will be difficult as the FIS sells all the sponsorships. All the WF will have is local sponsorships and government support. They have analyzed their options on how to save money and raise money. He said they will save $5 million by combining two venues down to one. Frampton said one billion people are predicted to view the races on television. He gave the example that when the Olympics were in Canada, Whistler received credit even though no races were held at Whistler. If marketed properly Vail will see big benefits. WF is proposing that Vail host many events such as the Opening Ceremonies, Awards Ceremonies, animation and video screens in Vail. Rogers asked about the return on investment (ROI) and how much bang for the buck Vail can expect. Frampton said it would be impossible to predict. He said skiers from 70 countries will be here and 10,000 people will be here participating in the championships, over 30 hours of television and 1 billion viewers, and approximately 200,000 spectators and many articles written about Vail. Newbury said there are so many people in the community questioning why Vail is spending money on an event that will not be held in Vail. She reiterated that it doesn't matter how they could improve or alter the mountain because it would cost millions Town Council meeting minutes of March 1, 2011 Page 4 that is not available. John Dakin, with the WF, said the only races that could potentially be in Vail would be the women's slalom and women's giant slalom. Daly asked what the FIS concerns were for having races in Vail. Dakin said the standards have changed dramatically and it comes down to the short distance in the finish area, stopping and safety of the athletes as well as the cost of having a second stadium and broadcast center. Mike Cacioppo, said he wants the Council to put pressure on the WF to have some of the races in Vail and the WF could raise more money. Jonathan Staufer, a business owner, expressed that he wants to see some of the women's races in Vail. Rob DeLuca, a resident, wants the women's races in Vail as well Ceil Folz, President of the WF, said to add races in Vail, it would cost approximately $5- 7 million. Some of the costs are $2.8 million for television duplication, $2 million for the media center, IBC duplication, volunteer and VIP headquarters, and $2 million for the finish stadium, at Golden Peak. Tjossem said if this becomes a television event, what kind of assurances will Vail have that team houses will be in Vail. Folz stated the media, each TV station, and team houses make their own choices. She also said typically the team houses are where the awards are held. The WF can only support them in making good choices. Billy Suarez, a Vail restaurant owner, and member of the Vail Chamber and Business Association asked if it was too late to bring races to Vail they need to just say it. Kaye Ferry, resident, stated she agrees with everything said by the business community. Folz stated there are only three ways the WF can raise funds; they need to raise $6.5 million from private donations, and $5 million from government donations and some additional funding from event ticket sales. Daly made a motion to approve first reading of Ordinance No. 6, Series of 2011, excluding funds for the $239,000 for the parking structures and $866,754 for the facilities capital maintenance funds, and $459,679 out of the capital street maintenance until more details are brought before Council. He also asked the WF for a detailed budget for potentially having a race in Vail and the Council can then address the 250,000 expenditure for the 2015 Championships before second reading, the motion was seconded by Tjossem. Rogers said her concern is that Vail needs to know how their financial contribution will be used, marketing versus races, and what the ROI could be. Tjossem said if the money Vail contributes is used for marketing this is a great use of funds as the local marketing district funds of $1.7 a year only covers local marketing and the $1.5 million Town Council meeting minutes of March 1, 2011 Page 5 for the championships would contribute to international marketing. Frampton said the reality is unless Vail has $7 million to contribute, races will not happen in Vail. If Vail doesn't contribute any money, they will have to de- emphasize Vail as part of the championships. The WF doesn't have any money and they will have to go to other entities to raise the money. Foley said he won't be supporting the ordinance for supplemental appropriations. Halloran asked that $175,000 be added back in the supplemental for: $130,000 for the energy audit work which is under contract, $20,000 for a final payment of garage doors under contract, and $25,000 for the WI loading and delivery fees. Daly amended his motion to add $175,000 back into the supplemental and the motion was seconded by Tjossem. A vote was taken and the motion passed, 5 -2 with Rogers and Foley opposed. The sixth item on the agenda were Proposed Amendments to 12 -13 -5: Employee Housing Deed Restriction Exchange Program portion of the town code. Nina Timm, Housing Coordinator, stated staff is requesting feedback to move forward on other options for the Employee Housing Deed Restriction Exchange Program. She said that on January 6, 2009, the Town of Vail adopted the Employee Housing Deed Restriction Exchange Program. On February 15, 2011, the Council requested staff present amendments to the Exchange Program. Staff recommends the following: 1) Continue to utilize the existing Exchange Rate Formula; 2) Town Council adopts an Exchange Rate Formula for EHU owners who are not required to have their EHU occupied; and 3) Fee -in -lieu payments are the preferred exchange methods. The primary change is proposing a new exchange method, a cash payment only option allowing a deed restricted unit to be paid instead of provided. She said fewer than 75 units would take advantage of this program. Currently no one has taken advantage of the current program. Further discussion ensued on various options and policy direction was requested. Galen Aasland, resident, said when Ordinance No. 9, of 1992 was approved, any unit before that time is not an EHU, and 53 units fall under this category. Prior to 1992 there was no definition that defined the difference between primary and secondary units and the town recognizes that units prior to 1992 are not EHU's. Craig Cohn, who lives on Buffehr Creek Road say he has an EHU and said writing a check is not a realistic goal for a working person. He said the goal is to increase EHU's in town and the town should consider allowing an exchange that includes having a separate unit that may have a mortgage attached with it as another option. Town Council meeting minutes of March 1, 2011 Page 6 Rogers made a motion to support an effort to move forward with modifying this program and the motion was seconded by Foley. A vote was taken and the motion passed, 6 -1, with Donovan opposed. The seventh item on the agenda was a discussion regarding proposed amendments to the Town of Vail Employee Housing Strategic Plan. Nina Timm, Housing Coordinator, asked the Council if they supported the amendments recommended by staff. She said on September 2, 2008, the Town of Vail adopted the Employee Housing Strategic Plan that identifies a number of action steps for the Town towards achieving its goal of ensuring there is deed restricted housing for at least 30% of Vail's workforce within the Town of Vail. On February 1, 2011, Council received a memorandum providing an update on the actions taken. At that meeting Council requested staff propose amendments to the Employee Housing Strategic Plan to address the full spectrum of wage earners in Vail, with a particularly focus on families earning greater than 120% of Area Median Income, ($103,920 per year for a family of four). Staff recommends Council move forward with funding for the infrastructure at Chamonix Commons; add the Middle Bench of Donovan Park, 2507 Arosa Drive (Town Manager's residence), and Sandstone Park to the Implementation Matrix. Timm said staff recommends adding Chamonix Commons and moving forward with this project; adding 2507 Arosa Drive, which is the town manager's residence, built in 1979 and sits on a third of an acre and could accommodate two units. Additionally, staff suggested adding the middle bench of Donovan Park, Sandstone Park (the north portion can fit 2 duplexes on it); and land swap opportunities with the water district in East Vail and West Vail. Timm said all the properties can be added to the implementation matrix and provide desirable living opportunities for the future. Further discussion ensued on all the proposed options. Newbury said the Housing Authority has not been consulted on these items at this time and wants this to go to the Housing Authority for consideration first. Council decided to have the Housing Authority review this first. Council decided not to move forward on this item at this time. The eighth item on the agenda was an overview of the Lionshead Redevelopment Master Plan; Lionshead Mixed Use 2 Zone District; the development review process and the five development review applications intend to facilitate the Ever Vail Project. Cleveland stated the Council has opened the process for a formal review of Ever Vail. He stated there are five development review applications which will be reviewed in the coming weeks. He stated a work session will be held on March 15, 2011 and an update on zoning, Lionshead Mixed Use 1 (LHMU1) and Lionshead Mixed Use 2 (LHMU2) will be discussed so the Council can understand the implications. Town Council meeting minutes of March 1, 2011 Page 7 Cleveland also stated at the Council's evening meeting of March 15, 2011, Vail Resorts will give a presentation outlining the entire project and will be open for discussion that evening. There are not set dates for conclusions on the project. George Ruther, Community Development Director, requested the Council table Ordinance No. 7, Series of 2011, (Rezoning), Ordinance No. 8, Series of 2011, (SDD Amendment), and Ordinance No. 9, Series of 2011, (Title 12 Zoning Code Amendment), and Resolution No. 6, Series of 2011 (Lionshead Redevelopment Master Plan Amendment), to the March 15, 2011 public hearing. Ruther stated staff will provide an overview of the project and discuss actions taken by the Planning and Environmental Commission (PEC) to date at the evening meeting of March 15, 2011. Newbury made a motion to continue Ordinance No. 7, Series of 2011, (Rezoning), Ordinance No. 8, Series of 2011, (SDD Amendment), and Ordinance No. 9, Series of 2011, (Title 12 Zoning Code Amendment), and Resolution No. 6, Series of 2011 Lionshead Redevelopment Master Plan Amendment), to the March 15, 2011 public hearing; and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. The ninth item on the agenda was adjournment. Foley made a motion to adjourn, and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. The meeting adjourned at 8:55 p.m. Respectfully submitted, de e! 'Vj Clevelan•, Mayor ore -I Donaldson, Town CI byl•0 O N\COLO ( _ - Town Council meeting minutes of March 1, 2011 Page 8 Vail Town Council Meeting Minutes Tuesday, March 15, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Rayla Kundolf, a resident of Vail, handed out documents supporting a cultural center in Vail and wants this project to be part of the discussion on how to use some of the conference center funds. She said part of the Colorado Mountain College campus building near Cascade Village is in foreclosure and she feels the town and community members should step up and purchase the whole building for a cultural center like LoDo, Chelsea, Tribeca, etc. She said the building could be used for the musical arts, theater, education, visiting artists, master classes and community events. Jonathan Levine, owner of Hummers of Vail, said he spoke with the Council at the last meeting. He said he has tried to follow all the rules with regard to limousine staging at the Vail Transportation Center the Vail Police Department implemented. He said his vehicles are too big for the area designated as drop off and pick up zones. He wants to have the Council reconsider this whole process. Levine said he is not breaking any rules, and has prearranged rides. However, he doesn't want the current rules to stay, and wants at a minimum, signage. He said in today's world, when people Google the word "taxi ", they get folks like him, "limousines ". He said he has talked to an attorney and will be going up to the Vail Transportation Center and be accessing the transportation as he used to. He wants a meeting to figure out a new way of doing business and servicing the guests of Vail. The second item on the agenda was the recognition of Howard & Cathy Stone, of the Vail Jazz Foundation. Andy Daly read a proclamation into the record honoring Howard and Cathy Stone. Mayor Dick Cleveland presented the Proclamation honoring Cathy and Howard Stone on behalf of the Council and community. The Stone's have over 18 years of commitment and service to the cultural life of Vail. Combining their love of music and Vail, Cathy and Howard have dedicated themselves to supporting classical and jazz performances and youth educational activities. Cathy, as a member of the Board of Directors of Bravo! Vail Valley Music Festival and The Vail Jazz Foundation, and Howard, as the Founder, Board Chairman and President of The Town Council Meeting Minutes of March 15, 2011 Page 1 Vail Jazz Foundation, have worked to expand opportunities for Vail residents and visitors to experience classical music and jazz. Through their leadership of these organizations, they have inspired countless others to join them in enriching life within the Town of Vail. Howard thanked the Council and community and said there is a pictorial book that just came out on the Vail Jazz Festival and said Vail is known for great Jazz around the world. The third item on the agenda was the Colorado Judicial Branch (CJB) presentation to Vail for hosting the 2010 Conference of Chief Judges and Conference of State Court Administrators CCJ /COSCA) conference. Mindy Masias, a representative of the Colorado Supreme Court Judicial Branch, stated they wanted to thank and acknowledge the help of town staff members who helped make the conference a success. The conference began the process for this conference two years ago. She said in 2010, the Town of Vail hosted the Conference of Chief Judges and Conference of State Court Administrators (CCJ /COSCA). This annual meeting hosts the Chief Justices and State Court Administrators from all 50 US state and US territories. The Town of Vail also played host to dignitaries such as Retired Justice of the United States Supreme Court Sandra Day O'Connor, Senator Mark Udall of Colorado to name a few. The Town of Vail was instrumental in hosting this event with a number of employees going above and beyond to make the event a huge success. The State of Colorado Judicial Branch wants to thank the Town of Vail and its employees for the tremendous amount of support and assistance they provided to the 2010 CCJ /COSCA conference. Many guests have commented that the 2010 conference was a tremendous success and raised the bar of excellence for such conferences. The Town of Vail and its employees were instrumental in making the conference happen and be a success. Mindy and her staff were responsible for the security and recreational activities of the conference. Eric Brown, said Pam Brandmeyer was instrumental in the success of the conference, as well as Chad Young, Tom Kassmel, Lorelei Donaldson, Dwight Henninger, Tom Gaylord, Hannah Irwin and the staff at the Vail transportation department and Vail emergency services, as well as the sheriffs department and state patrol and all the others that played a part behind the scenes. Brown said Colorado only gets this conference once every 50 years. Masias presented a plaque to the Town of Vail and expressed gratitude for such a successful event. The fourth item on the agenda was the Town Manager Report. There was none to report. The fifth item on the agenda was an introduction to the proposed Ever Vail project and a review of the development review process. Lionshead Redevelopment Master Plan (Resolution No. 6, Series of 2011): A request for a recommendation to the Vail Town Council for an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the detailed plan recommendations for West Lionshead (Ever Vail), and setting forth details in regard thereto. Cleveland explained that this process started in work session and now continues into this evening for the public hearings for Ever Vail. Warren Campbell, stated binders will be handed out at the end of the meeting on the overall project. Alex Iskadarian, with Vail Resorts Inc. (VRI), reviewed the project with the Council and community. He said the Lionshead Redevelopment Master Plan was adopted in 1998. The Ever Vail project represents a continuation of forward thinking and Ever Vail is about the future. He said in the resort business, you are growing or stagnating, moving forward or moving Town Council Meeting Minutes of March 15, 2011 Page 2 backward, having new ideas, services, reinventing ourselves, making new innovations, and focusing on customer service. He stated innovations are moving fast these days. Ten or 15 years ago, Vail was the premier mountain community and today it still is and it takes strategic planning and innovating to keep this momentum going. Ever Vail is part of that movement and VRI is greatly improving this area. He also stated the Planning and Environmental Commission PEC) and staff is recommending approval and during the past two years of process, it has made the plan better. He also said this has been a collaborative process and wants it to continue to be so. VRI has kept Vail on top of the industry and that isn't easy Dominic Mauriello, presented a video of the beginning, evolution and vision of Vail. He said the Ever Vail project is part of that visioning. He reviewed the current proposal for Ever Vail. He said the east side is proposed to be the commercial area, with a grocery, live music venue, and retail shops and will be used to connect the project to Lionshead. The central plaza will have a hotel, gondola, a plaza with skier services, a transit center and skier drop off. The creek side area will have the Red Sandstone Creek corridor in it and enhanced and restore the creek area, have a new pedestrian and bicycle bridge over Gore Creek, relocate DEVO to this site, have youth services and a climbing wall. The west side is the residential zone, with quiet pedestrian ways, terrace gardens, and the bulk of employee housing. Mauriello said there are 314 commercial parking spaces, 457 private residential parking spaces and 400 skier parking obligatory spaces; 283 replacement employee parking obligatory spaces; total required and obligation is 1455. He discussed all the various aspects of the parking spaces, the skier drop -off area, transit center, spaces for buses and short term parking He said the parking figures come from the Master Plan and the direction in the master plan calls them an obligation. Rogers asked if this project would be built in two phases. Mauriello said the east side would be built first and then the west side with a myriad of sub - phases. Rogers then asked if the majority of employee housing is in Phase 2, where will the employees be housed for the first phase. Mauriello said 50 % would be on -site and 50% off -site. He stated the project is designed to meet the requirements for each phase. He said on the east side is the W3 building, which is employee housing. Daly said one of the concerns is creating something that has vitality. What is different here from Lionshead. Mauriello stated with advanced planning, the project wouldn't be started until the market requires it. Further discussion on various aspects of the project ensued. Eric Perkins, asked about where the storm drainage will go, if there is a potential problem with digging down for the parking structure between two creeks and if there be a drainage problem. Mauriello said nothing goes into the river without treatment Greg Moffet said he had three items to discuss; 1) When the master plan is revised, he wants to have community members on the committee, 2) insist on employee housing and community benefits and profitability, and 3) Developer Improvement Agreements need to be included whether there is profitability or not. He also suggested they require buildings to narrow as they rise (like a wedding cake) to get more light and air into lower levels of the project. Georgina Burton, asked about a possible pathway under the four -lane highway. She sad that putting in the pathway doesn't seem to be unreasonable request or an unreasonable amount of Town Council Meeting Minutes of March 15, 2011 Page 3 money and to give more thought to this idea and put it in place before a death occurs. Jim Lamont, with the Vail Home Owners Association (VHOA), said this project has been in the town process for years. He said it was the Council's responsibility to help make this project as successful as it can be by correcting any errors in the master plan. He also said the Eagle River Water and Sanitation District (ERWSD) needs to participate in the master plan process and be obligated to bring their site up to the same excellence as Ever Vail. He said if this doesn't occur, this site will be blight on the community and Ever Vail. He suggested a Founder's Garage type approach to get them underground and use the top as a park could be a possibility and should be part of the overall Master Plan. He said the community has a reasonable expectation of having the most successful project which includes the ERWSD site. Ruther asked the Council to continue the public hearing on the request for the Major Amendment, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the April 5, 2011 public hearing. Daly made a motion to continue Ordinance Nos. 7, 8 and 9, Series of 2011 and Resolution No. 6, Series of 2011 to the April 5, 2011 Council evening meeting; the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7 -0. The sixth item on the agenda was second reading of Ordinance No. 6, Series of 2011, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund of the 2011 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. This item also included a response from the Vail Valley Foundation regarding a funding request for the 2015 Alpine Ski World Championships. Kathleen Halloran, Budget Manager stated the ordinance was revised per the changes made by Council at the last meeting. In addition, another discussion on the 2015 Championships was held. Daly said he has more questions on the supplemental budget but he will hold them until after the 2015 Championship presentation. Ceil Folz, President of the Vail Valley Foundation (WF) said one of the benefits of having this discussion is having it with a community that wants the races instead of having a discussion with a community that asks why we are having the races. She said the question at the last meeting was what benefit Vail is getting for the $1.25 million donation to the 2015 Championships. She said Vail would be named first on the Vail/ Beaver Creek 2015 Championships, bumper television spots, have two screen stadiums, have between 5,000- 10,000 people attend the opening ceremonies at Golden Peak, host 10 awards ceremonies in a medals plaza with fireworks, laser shows, etc. possibly at Solaris. Vail will also have two qualifying races at Golden Peak. Too many racers for men's slalom and men's GS, only the top 50 people qualifying will go on to race in the mail races. So with approximately 130 racers and those races become their world championships, so this will be important to them. There will also be street parties like the final street beat concert-type parties, have "public picks" which brings ski racers out to pick their starting place for next day race; have one screen stadium and possibly a second screen in Arrabelle Square. There will also be many evening festival events, which may include snowboarding and free styling events and winter sports celebrations at Golden Peak. In addition, TV bumper spots, with host broadcasters with a selection of different shots and stories to tell and providing these to all TV syndicates, for free, to tie into their shows. Town Council Meeting Minutes of March 15, 2011 Page 4 The closing party, on the final day the closing ceremony, which is about protocol, includes exchanging flags with the country that will have the next championships, and have a final celebration by having a community party with volunteers, guests and community members to send off world championships. Folz said there are hard core benefits and marketing benefits with enormous marketing messages. They did the math and it maps out to a conservative estimate of $3.5 million marketing benefits throughout the valley, with 2.5 billion marketing impressions via social media and television, so the Town of Vail's $1.25 million contribution would be 2.5% of the overall budget of the 2015 Championships. She also said the marketing standards equals to $630 million and nearly 1 billion viewers. Our valley doesn't have anything like this and eclipses all marketing in the past for any events ever held. So there are significant benefits. Folz said to have Vail host the women's slalom and giant slalom is cost prohibitive, and a difficult venue. Folz stated there is a good possibility for Vail to host a Nations Team event, which is one of the eleven events that make up the championships. She said the FIS changed the format on the way this event is run and it was originally scheduled to be in Beaver Creek. However, now with the changes, it could be held in Vail. It was one of the most popular events in Garmisch. The dual format, where the racers race against each other at the same time, instead of the clock is very popular with Americans. The star athletes of skiing are part of this event. Originally, Golden Peak was deemed too easy because of the terrain when it was a timed event. Now that it's racer against racer, it meets the criteria. Over the last 10 days, the FIS has opened the door and said it could be good and terrific for Vail. She said additional hurdles of this event are that TV costs are an additional $1.5 million, and some duplication of services and production may be needed around $300,000. She said race official members from FIS need to say Golden Peak qualifies and will be here in the spring to check it out. Folz said the VVF are very positive that Vail has a very good shot at getting this event. Ron Riley asked besides the creation of bumper spots, how many of the other events will be shot in Vail. Folz said all the awards ceremonies, opening ceremonies, the qualifying races and whatever they choose to shoot. He doesn't want anything to fall through the cracks. He encouraged the VVF to insure there are no potential snags in what is being proposed. Mia Vlaar, a property owner, was here for the 1989 championships, when she first heard the proposal wasn't sure about it but now that she has heard what was presented this evening, it sounds awesome and the cost is more reasonable and does not doubt that it will be Vail /Beaver Creek championships and is in total support of this event. Greg Moffet asked if Eagle County, Avon and Beaver Creek are donating to the championships. Folz said Avon and Beaver Creek are in and they are working on Eagle County and has a concern how this appears to the foreign television audience. Rob Deluca said more meetings may bring more possibilities. He does not want to rush this and it will make a better event. The final appropriation of the $250,000 should be slowed down as people are getting more informed and this will benefit all involved. One possibility is to use the conference center funds to produce something in Vail for racing. He asked the Council to hold the appropriation to see if Vail could meet the short fall. Bill Suarez, owner of Billy's Island Grill and representing the Vail Chamber and Business Association, thanked the VVF to getting back with the community with answers that were requested. He knows some folks are disappointed at not having races, but it came down $6.8 Town Council Meeting Minutes of March 15, 2011 Page 5 million to pull it off and have six month window to pull it off. It may be too late to pull this off but if we do lose it. this last presentation proposal is held to fruition is a great deal. If we can't have the races, it's a tough but this is still a good deal and wants the community to get behind this deal. He said nobody wants to not have participation from Vail. Mike Cacioppo, asked how far east the underground delivery system goes toward chair one. There is no underground delivery system and that tells him there are possibilities to consider. He said the Nations Event should be on Golden Peak. Rogers asked if her understanding is correct that it would take an additional $6.8 million to the 1.25 million to get the women's races here. Folz said this is correct, but the FIS has determined the men's racing can't be done in Vail as the finish corral needs can't be met because it is too steep and there is not enough run out. Donovan said the proposal for the Nations Team event has enormous opportunity and potential. She said the buzz about this event is spectacular and one of the fans favorite as the best racers from each of the countries will participate and this is really a great option. As the marquee event of the championships has great potential. She thanked the WF to get this race in Vail. Council was supportive and appreciative of the additional information provided from the VVF and they are confident the VVF can make the Nations event happen in Vail. It's a win -win situation for everyone. Rogers said to break this supplemental item down to two discussions: 1) the 2015Championshipdonationrequestof $250,000; and 2) discuss the rest of the supplemental items. Rogers also said the WF did exactly what she asked them to do to explain what the money willbespenton. She said this is a great deal and will be voting in favor of giving them the moneytonight. She stated she was one of the biggest critics and the WF is very good at what they do.She said she will trust if they didn't feel confident we would get the Nations event they wouldn't have brought it up. Rogers said bringing in one of the medal award races is exactly what theAmericanaudiencewants. It's an Important race and well worth the cost of $1.5 million additional to get the races here. The WF have really improved by bringing this event to Vail. Daly echoed thanks for genuine effort and getting positive news of moving forward with the races and raising Vail's stature and keeping our heritage alive. Daly made a motion to approve the $250,000 for the WF and Rogers seconded the motion; a vote was taken and passed unanimously, 7 -0. Daly had questions on the capital projects funds. He wants to delay the expenditures for the variable message signs and way- finding system and to reduce this line item. Hall stated one sign is already ordered and will be installed next week at the Solaris area. There was additional discussion on various line items in the supplemental appropriation. Daly made a motion to approve the Ordinance No. 6, Series of 2011, with the reduction of theelectronicsigns, and the motion was seconded by Newbury. A vote was taken and the motion passed, 6 -1. Foley opposed due to the uneven fund split. The seventh item on the agenda was a presentation of the 2010 year -end investment report. Town Council Meeting Minutes of March 15, 2011 Page 6 Kathleen Halloran, Budget Manager, stated this report, per Section 2 -2 -8 of the Town Code requires an annual presentation of the town's investment report, which is also provided as a written report for each quarter. This agenda item is a presentation of the town's investment report as of December 31, 2010. Daly asked why larger percentage of funds isn't in Certificate of Deposits. She said they have moved $5 million in new CD's with local banks. Camp said the yield on CD's are no longer as what is on the memorandum. She said the return was not there and they will look at investments with Piper Jaffray and look at the best options of what is allowed. Daly asked for an update in 30 days. Judy Camp said staff will come back with more information. The eighth item on the agenda was a discussion regarding the November 8, 2011 Regular Municipal Election. The Council needed to discuss and decide to either hold an At- the -Polls or Mail Ballot election. Pam Brandmeyer, Assistant Town Manager stated the Council needs to make a decision on whether to hold an At- the -Polls election or a Mail Ballot election for the November 8, 2011 regular election of the Town of Vail. The town's charter states, "Section 2.3 - Municipal Elections: A regular municipal election shall be held on the first Tuesday following the first Monday in November ". Due to this provision of the charter, the town does not have an option to have a coordinated election with Eagle County, as the date of the State and County election will be held on the first Tuesday in November, which is November 1, 2011. Other options are to have an at- the -polls election or have a mail ballot election. Cleveland likes going to the polls and Rogers agreed. Donovan made a motion to have an at- the -polls election for the November 8, 2011 election, and the motion was seconded by Newbury. A vote was taken and the motion passed, 7 -0. The ninth item on the agenda was a Town of Vail Real Estate Transfer Tax Exemption Appeal for the property known as 600 Vail Drive A -5 and Parking Unit AP -25, Northwoods Condominiums, Vail, CO. 81657. Matt Mire, Town Attorney, stated the applicant has appealed the Town Manager's denial of the Real Estate Transfer Tax (RETT) Exemption Application filed by Bonnie Hughey ( "Appellant ") concerning property located in the Northwoods Condominiums (the "Property "). On November 18, 2010, Appellant, as Vice President of Pacific Condor and as Manager of Parpolcondor filed an application for a RETT exemption for the September 29, 2010 transfer of the Property (the "Transfer "). The basis for the exemption request is that the Transfer was made to an organization that is owned by the same party that owns the grantor organization and that no funds were exchanged, other than a promissory note by the same party that owns both the grantor and grantee organizations. On December 2, 2010, the Town Manager denied the appellant's exemption application. Appellant has appealed the Town Manager's denial on the grounds that the Transfer was made to an organization which is owned by persons having the same interest as the seller, and that no actual consideration was paid in the Transfer. To qualify for a RETT exemption, an appellant must prove that: (1) the property owners must have the same relative interest in Parpolcondor as they had in the property before the Transfer; and (2) there is no consideration paid in the Transfer. Town Council Meeting Minutes of March 15, 2011 Page 7 Mire said stated for the record, he acknowledged the receipt of documentation received late from the appellant's law office of Daniel Newman, P.A., the appellant's attorney, and the documentation is now part of the record. Cleveland opened the hearing and accepted all documentation, including the supplemental received from the law office of Daniel Newman as part of the record. The applicant has the burden of proving their case that an exemption from the RETT applies. Cleveland noted that there wasn't a representative for the applicant at the meeting. Foley made a motion to uphold the town manager's decision to deny the RETT exemption request, and the motion was seconded by Tjossem. Newbury asked Foley to the amend the motion to deny because the applicant has failed to prove that the transfer qualifies for a real estate transfer tax exemption, for the following reasons: 1)The applicant failed to prove that the transfer was made to an organization that is owned by the persons by whom such transfer was made. The evidence did not establish that Parpolcondor was owned by the same persons who owned Pacific Condor; 2) The applicant failed to prove that the owners of Parpolcondor have the same relative interests in Parpolcondor as they had in the property immediately prior to the transfer and 3)There was consideration paid in this transfer and therefore the transfer is disqualified from a RETT exemption. Specifically, the evidence shows that a $1.2 million mortgage and note were executed by Parpolcondor to Pacific Condor in the transfer. This mortgage is consideration under the Code, because it is a mortgage given to secure the property's purchase price. Foley so moved to amend his motion to include the above and Tjossem seconded the motion. Cleveland then added that the motion should also be amended to include that the Council requests the Town Attorney prepare written findings in this matter, stating the findings of fact and conclusions of law forming the basis for the Council's decision. The Council will review and approve the findings at its next regular meeting, and then a copy of the written findings will be sent by mail to the applicant. Foley amended his motion for the third time to include the amendments Cleveland added and Tjossem seconded the motion. A vote was taken and the motion passed unanimously, 7 -0. The tenth item on the agenda was the appointment of three members to the Art in Public Places (AIPP), two members to the Design Review Board (DRB) and three members to the Planning and Environmental Commission (PEC). Pam Brandmeyer, Assistant Town Manager, stated the Council interviewed all interested parties at the work session and the Council needs to appoint three members to the AIPP for three year terms; two members to the DRB for two year terms and three members to the PEC for two year terms at the evening meeting. She also reiterated that Susan Frampton, if reappointed, can serve two of the three year term on the AIPP due to term limits. After the Council voted, Newbury made a motion to appoint Susan Frampton, Kathy Langenwalter, and Cookie Flaum to the AIPP, Rogers seconded the motion. A vote was taken and the motion passed unanimously, 7 -0. Town Council Meeting Minutes of March 15, 2011 Page 8 Newbury then made a motion to appoint Tom DuBois and Brian Gillette to the DRB, and Daly seconded the motion. A vote was taken and the motion passed unanimously, 7 -0. Newbury made a motion to appoint Michael Kurz, Luke Cartin and Pam Hopkins to the PEC, and Foley seconded the motion. A vote was taken and the motion passed unanimously, 7 -0. The eleventh item on the agenda was a construction contract approval for the Frontage Road Shoulder Widening Project Gregg Barrie, Project Manager, discussed the various add /alt phases of the road work with Council. The Frontage Road Shoulder Widening project will provide 6' wide paved shoulders to the Frontage Road from the east end of Ford Park through the East Vail Interchange. The Town received nine qualified bids for the work. The original bid included the work from Ford Park through the Bald Mountain Underpass. However, because the submitted bids were lower than anticipated, staff is recommending that the full length of the project be completed during the summer of 2011. Barrie discussed the top four contracts with Council and said the town has a very qualified low bidder. He stated the town staff has worked with all the top four bidders in the past. Barrie said staff recommends authorizing the Town Manager to enter into a Construction Agreement with Columbine Hills Concrete, Inc. out of Summit County, for the construction of the Frontage Road Shoulder Widening, to provide 6' wide paved shoulder of the road, in an amount not to exceed 1,246,000 to include the widening from the east end of Ford Park through the East Vail Interchange. Barrie said Columbine Hills Concrete is a very qualified bidder and has worked with CDOT in past and the recommendation is based on the low bid and the qualifications of the contractor. Rogers asked if there is any idea why their bid states they can complete the job three weeks sooner than the other contractors. Barrie said extra crews would be the best idea of why they would finish earlier. Leonard Sandoval, Public Works Construction Coordinator, said Columbine Hills Concrete have finished work as stated with the Town on prior projects and they have a good background with other Colorado Department of Transportation (CDOT) projects. Tjossem said she feels strongly about keeping the contract award in the County and local if the difference in the contracts is a 1.6% difference. She said for $12,476 it doesn't seem right to give the contract to an out of county contractor with no penalties attached. Cleveland asked for more information about Icon and what was their business history. He said the town has a very tight schedule and a major international race coming up. Rogers agrees with Tjossem about keeping the contract local. Daly asked if staff confirmed that Columbine will not charge extra. Barrie said that is correct. Daly said there should be a bonus and a penalty clause in the contract. Barrie said there is a $1,000 day penalty in the contract if the project is not substantially complete by August 12, 2011. Cleveland is concerned about finishing the project before August 24, 2011, as the damage cannot be undone if the project is not completed on time. Rogers made a motion to authorize the Town Manager to enter into a Construction Agreement with Columbine Hills Concrete, Inc. for the construction of the Frontage Road Shoulder Town Council Meeting Minutes of March 15, 2011 Page 9 Widening with future parameters needed to include bonuses and penalties. The motion was seconded by Newbury. Further discussion ensued. Jim Lamont, representing the Vail Homeowners Association (VHOA), said he has never had an explanation on why the project is being done. Greg Hall, Public Works Director, said this project has been in process since 1998 and is for improving safety for bicyclists. Lamont said he wants the town to create a rating system that gives preferential treatment to local contractors and asked that the Public Works Department be directed to come up with a proposal for Council to consider. He said it's getting to a point of just getting the lowest price and have an obligation to support local entities. Albert Quintano, said Icon is located in Avon, has been in business for 13 years. He said Icon had 40 employees at their peak and the number of local sub - contractors that will be used for this project is 52. Icon would have twelve employees working on this project and would be using B &B, another local contractor to do the project. He said without Alternates 2, 3 and 4 they could meet the June 26, 2011 deadline. He said CDOT is currently working with them on a project in Grand Junction, Colorado. He said if there is not a penalty there is no reason to have a bonus. Scott with Scott Green Excavating, stated that the bonus topic came up when he and Quintano put the contract together. If April 18 is the start date of the project, they weren't looking at it as a bonus but an accelerated date. He has been in the community for 35 years and in business for 16 years and worked with B &B for 9 years. He said the bottom line is to keep the contract local because it will help other businesses in Eagle County and keep the dollars in the community. He said they have never missed a deadline and has always worked within the project budget. Robert Martinez, with Martinez Trucking in Minturn, said he has worked with Quintano and Green and B &B and this project would be beneficial for his business as it will get a couple of guys off unemployment. Rogers asked what is in the bid of $783,034 from Icon, as she based her motion on $883,000 not $783,034. Barrie said the base bid for Icon $783,034 and the base bid for Columbine Hills is $770,558 and all work has to be done by August 12 He clarified that the base bid included the road from the East end of Ford Park to the Bald Mountain Underpass. And the base bid with a completion date of August 12th with $1,000 a day penalty past the August 12, 2011 deadline. Rogers withdrew her motion. Tjossem made a motion to award the contract to Icon with the base bid of $783,034 plus Alternate 3 work of $22, 396 for a total of $810,430, and the motion was seconded by Rogers. Further discussion ensued about local preferences and other bid awarding processes. Newbury made a motion to move to executive session per Section 24- 6- 402(4)(b) for legal advice on the bid process and the motion was seconded by Foley. A vote was taken and the motion passed 7 -0. Council went into Executive Session at 10:32 P.M. Council reconvened the regular evening meeting at 10:38 P.M. Town Council Meeting Minutes of March 15, 2011 Page 10 Foley said he is voting against the motion as the preference discussion was not discussed prior to this item discussion. A vote was taken and the motion passed, 4 -3, with Cleveland, Newbury and Foley opposed. The twelfth item on the agenda was a request to continue Second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner, stated the applicant is requesting the Council table the second reading of Ordinance No. 15, Series of 2010, to its May 3, 2011 public hearing. Newbury made a motion to table second reading of Ordinance No. 15, 2010 to the May 3, 2011 evening meeting; the motion was seconded by Daly. A vote was taken and the motion passed, 6 -1, Foley opposed as the time has dragged on too long. The thirteenth item on the agenda was a request to table Resolution No. 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area (#6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner, stated the applicant is requesting the Council table Resolution 23, Series of 2010, to coincide with second reading of Ordinance No. 15, 2010 at its May 3, 2011 public hearing. Rogers made a motion to table Resolution No. 23, Series of 2010 to the May 3, 2011 evening meeting; the motion was seconded by Donovan. A vote was taken and the motion passed 6 -1 with Foley opposed as the time has gone on too long. The fourteenth item on the agenda was adjournment. Newbury made a motion to adjourn; the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7 -0. The meeting adjourned at 10:43 p.m. Respectfully submitted, 4IN OF'1 p 0, SO S rDickClevel.' ayorSEAL Attest: or lei Donaldson, Town Clerk Town Council Meeting Minutes of March 15, 2011 Page 11 l is Vail Town Council Meeting Minutes Tuesday, April 5, 2011 6:00 P.M. Vail Town Council Chambers I The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayoror Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney k. Pam Brandmeyer, Assistant Town Manager 1 The first item on the agenda was Citizen Participation. Rich Ten Braak, with the Vail t 1 Chamber and Business Association (VCBA), asked the Council to consider local purchasing preferences as any assistance for locals. He also invited the Council to the Premier Impression event on April 7, 2011, from 5 p.m. to 7 p.m. at Eagles Nest. T.J. Slaggert, with Blue Sky Pedi Cabs, asked Council to allow a pedicab service to run from Cascade Village to the Vail Golf course through the end of the night. He also requested l the Council direct staff to change the regulations to have off -site advertising on the Pedi cabs. The second item on the agenda was the Consent Agenda: 1) Approval of Release Town of Vail v. WENK et al. Case number 08CV467 and Settlement Amount of Nine Hundred Thousand dollars ($900,000); 1 Cleveland stated this is a settlement regarding the streetscape project. Rogers made a motion to approve the release and accept the settlement amount, and directed the Town Manager to sign the agreement, and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 7 -0. 1 2) Approval of Findings of the Vail Town Council for Real Estate Transfer Tax Appeal Hearing March 15, 2011. Newbury made a motion to uphold the findings i Town Council Meeting Minutes for April 5, 2011 Page 1 t i t 3i I and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 7 -0. The third item on the agenda was the Town Manager RdeoagdaaoReport: Kathleen Halloran, Budget Manager, discussed the Revenue Highlights through February, 2011, with the Town Council. She said upon receipt of all sales tax returns, February collections are expected to be up 11% from budget and 7.9% from last year. The Real Estate Transfer Tax (RETT) collections through March 30 totaled $1,062,254 which is flat from this time last year. Approximately $466,203, or 44 %, is from major redevelopment projects. Collections not related to major redevelopment is currently down $604,079 or 14% from this time last year. She said the parking revenue is down from last year. Pass sales are down 5.8 %; daily sales are down 5.6% and parking transactions were down in Lionshead by 3.7% and up in Vail Village by 4.9% from last season. The number of season pass sales fluctuated as well; 802 passes were sold, down 8.7% from last season; value cards increased by 74% due to the inclusion of Eagle County residents. The number of value cards sold to Vail residents increased by 48.7 %. t k The fourth item on the agenda was an update on the Conference Center Funds. Kent Logan stated that with the upcoming 2012 50 Anniversary and 2015 World Championships, this was the time to get the conference center funds used prior to these events. He said an important theme that has emerged is the completion of Vail's I Renaissance. The funds should be used for capital assets, providing long -term benefit to the town. Some of the community comments were to use funds for the Vail Golf Course Clubhouse, a Vail Village Welcome Center and the Ford Park fields expansion and possibly the Betty Ford Alpine Gardens. He said the list could be refined after the vote of the electorate. Logan said he would request an August 23, 2011, election and not the November election date. He said a ballot initiative could be specific to each project and not to bundle them together. These proposals can be refined and don't have to be all- inclusive. The town could reduce costs for each project.1 Stan Zemler said they needed to discuss a refund methodology, ballot language, time of election and next steps. He stated David Viele and Bill Pierce have worked pro bono on several of the projects to date. The projects have been "vetted" and he is confident these are projects the town can do. The total for the Vail Golf Course Clubhouse, Ford Park field expansion and the Welcome and Heritage Center projects total approximately 16.1 million and there is $9.4 million in conference center funds. Other funding options for the golf course that are committed are $1.5 million from the town and $1 million from the Vail Recreation District (VRD), leaving an unfunded amount of 400,000. The Welcome Center has $566,000 potential funding from the town's capital f Town Council Meeting Minutes for April 5, 2011 Page 2 d i i S i t i projects fund with an unfunded portion of $734,000; and Ford Park has $2.5 million budgeted from RETT and more can be added to the funds. I Each project was discussed in further detail. The Golf Course Clubhouse renovation would build on top of the existing structure. These are preliminary concepts and additions could include a new events pavilion, new entrance to pro shop and restaurant, updated locker rooms, cart barn improvements, new welcome area and expanded deck area. Rogers asked about the increase of meeting and event space and wanted to know if increasing the square footage from 18,000 square feet to 20,000 square feet is enough. She said this space should have three levels instead of two. More conference, meeting and technology spaces on a third floor should be included to accommodate conference needs. Bill Pierce said this is possible but they were using the current space. He stated the space could accommodate 200 people. Rogers said this isn't enough. Zemler said the biggest issue will be parking which will be a challenge. Daly said he had been talking to many people in town and this didn't make the list. Logan said they spoke to many lodging folks and they were specific that conference space had to be centered in town. That's why the original suggestion was to use Dobson Ice Arena. He felt the original conference center space could be in the project that is between the hospital and the Steadman clinic. He feels that would be the place for conference and meeting facilities. Cleveland said to skip to the big picture and to use future meetings to delve into the pros and cons of each project. Cleveland asked for public comment on the golf course project. There was none. Logan said the Welcome Center and guest services initiative would include a state -of- the -art Guest Service Home Page portal via a 3,000 square foot building expansion. This would include new restrooms, interactive multimedia displays, space for Vail I heritage exhibits, gatherings, presentations, and have an interior connection to the Colorado Ski and Snowboard Museum. It would also provide a full service ti clearinghouse to book activities, lodging and other resort services. It would create an t atmosphere of well informed, comfortable and relaxed visitors and contribute to increased visitation in all seasons and extended visitor stays. A possible 120 -seat area could be used by the Colorado Ski Museum or the Vail Symposium and other entities wanting to host events. The expansion could be used at the current Vail Transportation Center. t Daly said adding more meeting space could be redundant space since the Lionshead Welcome Center has this in the space already. i Town Council Meeting Minutes for April 5, 2011 Page 3 s 1 i 1 I I Erica, with the Colorado Ski and Snowboard Museum, said more professional space and technology would be useful for several entities in town. The museum heritage center would connect with Vail's history and build on that, offer a teacher's curriculum and school programs. I Robin Litt, development director with the Colorado Ski Museum, said cultural tourism is a tremendous benefit to the Town of Vail. As of 2009, cultural tour participants are more affluent, educated and they stay longer. She said cultural tourism has contributed 3.1 billion in direct and indirect funding. Logan said the ski museum is currently not I world class for Vail. The museum needs a space that is worthy of Vail as one of the premier ski resorts in the world. The Ford Park field expansion proposed upgrades include an addition of one full sized soccer field, an increase of the size of the west softball field, a new storage facility and two new restrooms. This does not include the lower bench, Ford Amphitheater, Alpine Gardens, artificial turf or parking. i Mike Ortiz, Director of the Vail Recreation District (VRD), stated every weekend but one was full with events at the fields. Fields have been so busy they have had to use down valley fields; thus people stayed down valley. Both fields would be artificial turf. Daly F asked how the cost changed from $1 million to $4.5 million. Zemler said the $1 million t was the minimum and now there are additions of restrooms, walls and added turf. Logan said these proposals can be refined because $4 million to add a soccer field and walls would be hard to justify. He said with no construction going on in Colorado, these figures should go down. Daly asked Zemier to talk about how each project should be self supporting; covering its operating costs and generating cash flow to cover capital costs. Ortiz said the Ford Park field expansion would include a vendor that would hold a liquor license or the VRD would hold the liquor license. They could shrink the restaurant and give someone an opportunity to run the event space proposed. VRD would retain the rental fee and a profit from the food vendor. The revenue to operate the additional space and pay for capital improvements would come from adding 40 new events that could be generated by the facility. Daly said the town doesn't have any responsibility to fund deficits. Zemier said this would be a VRD operated facility and it would be their responsibility. I Zemler said the Welcome Center has not been discussed as to who would operate this facility or what the role the town would play. VRD is not saying the fields will generate more heads in beds. They will generate people staying in Vail. As the town continues creating new events, it will be attractive to event producers to use the fields. i Town Council Meeting Minutes for April 5, 2011 Page 4 s i t i 1 i P I s 1 I I Rob Levine, the Antlers General Manager, said he was involved in getting the conference center funding in place. The idea was more than heads in beds; and the i purpose was to round out the economy. Their facility currently generates two thirds of their revenue from four months of the year. In the lodging business, 80% of business I comes from those four months. This is not good. He personally believes the conference center had the ability to bring new markets to Vail at other times of the year. He is disappointed in this outcome as these projects will improve what we have but will not bring in diverse markets to Vail and expand our economy in diverse ways. Medical, recreational and business tourism is what we are good at, but he is disappointed we haven't figured out how to have a year `round economy. This should be part of the community conversations. The conference center was the most logical solution that would have been significantly impactful. He said the town and its residents and business owners should have greater vision and a 10 to 20 -year horizon. Pete Hayda said he was in the lodging business in Vail, and was around when the conference center funding was approved. He said the meeting business season takes place April, May, June, September, October and November. We are missing out on that business. Rob Levine said the conference center was meant to address 1,200 universal meeting groups. This isn't happening so don't try to force that idea on any of these projects. Cleveland said Council is trying to get feedback from the community and now is the time to get other ideas. He said now is the time to get the community's ideas out f and if they have comments about the current projects suggested, now is the time to voice them.I 1 Ann Kurronen, with the Betty Ford Alpine Gardens (BFAG), said they would like to see I improvements on the lower bench of Ford Park. She stated the BFAG have not seen the Vail Valley Foundation (WF) proposal; however, the groups in the Lower Bench need to work together.1 Rogers said she wants to see all Ford Park users be in on these conversations: the Art in Public Places, BFAG, Vail Amphitheater, the VRD and town all need to get involved together.I t Gwen Scapello, resident, asked when they talk about Ford Park, why aren't they also looking at the parking at Ford Park. Parking is strained for any activity at the park. Daly said there was a study done and it added $10 million to the cost of Ford Park, with two parking garages that are already underutilized in the summer. If the town upgrades bus service, this should help with the parking. ak " Stephen Connolly said these are all good ideas but they don't attract the larger numbers to make an impact. He said the clubhouse makes the most sense but it won't bring9 i more people to town. He said the town doesn't have a space for a music venue to hold 1 g i Town Council Meeting Minutes for April 5, 2011 Page 5 4 Y gI P concerts to bring in guests. He suggested Council look at the Ford Amphitheater to see if it could be enclosed and to add space to have a conference facility. Making it year round for many people to use would make sense. Paul Rondeau, a Vail resident, said clearly a lot of work has been done. Council needs a vision process to rate each project on its merits. He said making Vail a center for health is a high level vision; making Vail more than a four month place to be is a high level vision. There needs to be a list of criteria for project review. Then rate each project against the criteria to find out which project comes out on top. The public needs to have more input. There needs to be transparency. Logan said that for $9.4 million, there is just not one great idea. He said this is about holding on to what we have and building incrementally. Zemler said Council needs to make a decision on how to move forward on the ballot language and cautioned that if the Council goes to the voters, and the ballot fails, the conference center funds will have to be refunded. If that happens, the Council would need to pick a time and reduce the sales tax or lodging tax over a period of time If the initiative loses, there needs to be a refund methodology. Zemler said next steps include a variety of opportunities to host meetings to present projects and get feedback and structure from the community to the Council. Ballot s timing and language will be at the next meeting. Cleveland said proposed projects need specific budgets and costs when they are proposed at these meetings. Newbury said they need general costs and what the mechanism will be to fund the projects because it doesn't do anyone any good to have a ballot question on the projects and then not be able to fund it. Tjossem asked if there was a marriage of funds to support these projects from other fund accounts that could be utilized or bonded or other partners involved. The fifth item on the agenda was a review of the proposed Lionshead Redevelopment Master Plan amendments to facilitate the Ever Vail project. The main discussion centered around Resolution No. 6, Series of 2011, a request for a recommendation toq the Vail Town Council for an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the detailed plan recommendations for West Lionshead (Ever Vail), and setting forth details in regard thereto. Warren Campbell said the first memorandum attached was a response to the questions Council asked at the last meeting regarding Manor Vail, conference groups and Arrabelle. The second memorandum was regarding Resolution No. 6, which amends Chapter 4 and 5 of the town code with recommendations. He reviewed the Town Council Meeting Minutes for April 5, 2011 Page 6 G memorandum with Council on the findings, criteria, roles and responsibilities. He made9P an overall review of what will be presented to Council during the coming. Campbell also requested Council continue the public hearing on the request for the Major Amendment, Ordinance Nos. 7, 8, and 9, Series of 2011, and Resolution No. 6,I Series of 2011 to the April 19, 2011 public hearing. Dominic Mauriello, on behalf of Vail Resorts, paraphrased the purpose of Resolution No.I 6. Daly said some concerns are the view corridors because some of the property has been built to the property lines, particularly view corridors 6 and 7. He asked that in the future, full documents be submitted. Mauriello said this is an overview flavor of the whole project. Daly said the document doesn't speak to no net loss of parking. This is critical and there was nothing submitted. He wants the full document in front of Council so they can see the changes.1 Mauriello said he can do that in the future. Rogers said if it's not in the memorandum, , there are no changes. The town's Master Plan of May 2010 should be kept in front of Council as well. Rogers asked if the 400 public parking spaces are enough based on current changes. t Mauriello said they took their figures off the current Master Plan. Greg Hall said they updated the transportation plan in 2008 and at that time the recommendation was ok. Daly said he disagreed and said the need could potentially be 1,000 parking spaces needed. Mauriello said the 400 spaces is complete surplus parking above and beyond the project needs. Rogers asked how many parking spaces will be generated by the new gondola. Mauriello said the ski resort is not generating new skier capacity with the gondola. They are generating new skiers who are staying in the project themselves. That's why they are generating 400 additional parking spaces so the guests can stay at Ever Vail. Rogers asked if the 400 spaces are above and beyond and does the parking include 1 serving the gondola. i Tjossem said they are counting on about 10% of skiers migrating to this new lift and I it's a redistribution of current skiers, not new skiers. Newbury stated people parking on the Frontage Road will now be concentrated at Ever Vail due to available parking.1 Zemler stated this is a fundamental question: are the 400 spaces serving the lift or is this a separate parking component. Rogers stated there has been a need for new a parking if there are retail stores. Mauriello said there are 350 spaces that serve the Town Council Meeting Minutes for April 5, 2011 Page 7 is I need for shops and stores and requirements could be addressed when conditional uses are sought at a later date. He said the Planning and Environmental Commission (PEC) could say the gondola parking needs could be 600 parking spaces. Mauriello stated I the applicant wants parking needs to be discussed now and not later. Daly said it's obvious there's anxiety from the Council. In the community survey, the town was criticized about not enough parking. Council is concerned more parking demand will be required. Daly said 400 parking spaces is what is needed right now. He can't agree to additional congestion without having an immediate solution to parking needs now. Newbury asked why the PEC was told it would be considered at the time of the conditional use process. She said clearly the applicant was told this would be addressed at the conditional use permit discussion. Ruther said the nexus of the appropriate time is at the conditional use permit application. He also said within the conditional use review, the PEC will discuss what the impacts of this use are on parking, traffic, etc. Newbury said the applicant needs to understand the Master Plan gives direction. There is still an opportunity for the PEC to determine a different number of parking spaces that will be required.l I Cleveland said this process would be better served if the Council submits questions they have to staff and the applicant so they can facilitate the meeting quicker. Further discussion ensued regarding the view corridors 6 and 7. Daly said people thought they were getting a better view corridor between Garfinkel's and Arrabelle and they didn't. Daly asked how they make sure the view corridors are protected.1 Ruther said the view corridors are two different types. Ever Vail, as proposed, has most 1 of the view corridor as a contemplated view corridor. They look at what is important to identify and protect. Daly said he is trying to make the town and applicant protect the r view corridors. Ruther said the contemplated view corridors will have to use 3D modeling to anticipate the view corridors at Ever Vail. Daly prefers to have a GPS 1 location and specification of the view corridor. Ruther said they can research that and include it into the master plan. Mauriello said the view corridor is already protected by an open space easement. The contemplated view they are trying to capture is when folks come out of the parking structure. The view the PEC captured is how to approach and exit out of the parking structure so you can orient yourself to the mountain. t Additional discussion about the view corridors, heads in beds, traffic and parking ensued. I i Town Council Meeting Minutes for April 5, 2011 Page 8 f 1 i i 1 Cleveland opened up the floor for public comment. Jim Lamont, representing the Vail Homeowners Association, said there needs to be a requirement that the Frontage Road cannot be a means to resolve any unpredictable parking needs for this portal or any other portal. He said the town needs to make sure there is enough parking planned. This project needs to be a well planned community, with enough setbacks, open space and landscaping area around and between the project and the Frontage Road. He said there needs to be a strong landscape corridor or it will look too sterile and urban. He said Council is doing an admirable job remembering a lot and they need to remember to error in more landscaping and less parking on the Frontage Road. He said he has sewer treatment plant concerns. Rogers said the treatment plant has vested rights to their property. She said they are a private landowner and Council can't tell them to move the plant. Lamont said they need to clean up their act and upgrade it, cover it or move it. He said the town has a right to change the Master Plan. Change around the sewer treatment plant is everywhere and over time, as the area changes, the plant should change and be more appropriate and compatible with the neighborhood. He suggested using TIF funds to beautify the site could be a possibility. Daly made a motion to continue all Ever Vail items to the May 3, 2011, Council meeting, and Donovan seconded the motion. A vote was taken and passed 7 -0. A ten minute recess was taken at 9:10 p.m. The meeting was reconvened at 9:20 p.m. Cleveland said several members were uncomfortable with the way the previous public hearing went. In the future, Council agreed there will be consensus on specific items and will then move forward. Cleveland stated Council needs to address issues, assess them as they go along but still move forward and get through the process. Zemler suggested they think about adding a separate Tuesday meeting to discuss the Ever Vail project since this process could take a lot of time. Tjossem said when they start at 10 a.m. or so and the meetings go late into the evening, Council can start getting crabby and make poor decisions. The Council needs to take the time to go through the master plan in order, stay on task and stay focused. Zemler said they could frame some questions. Rogers said she bases her vacations tt around the Council meeting dates and doesn't want to add more dates. Donovan said she isn't opposed to adding more dates. Cleveland said they may have to take things off the meetings to get this done. Zemler said another possibility is to start the evening meetings at 4 P.M. or earlier and add Ever Vail later in the evening. I k' Town Council Meeting Minutes for April 5, 2011 Page 9 gg 1 t The sixth item on the agenda was a discussion regarding the Lionshead Transit Welcome Center Construction Contract Award. Tom Kassmel, Town Engineer, said the Town of Vail and the Vail Reinvestment Authority are in the process of completing the Lionshead Transit Center Project. The purpose of this Council session is to award the construction contract for the Lionshead I Transit Welcome Center (LHTWC) Phase II Improvements. The Town received six bids through a public bid process with R.A. Nelson the lowest responsible bid after-adetailed x evaluation of scope, schedule, logistics and cost during a subsequent two week process. i Daly stated that operations and maintenance should not be included but should be self supporting. Kassmel said next steps are for staff to figure out how to involve others to manage it with a goal of being revenue neutral or providing a profit. i Newbury suggests having developers, including the town developers, submit a construction parking plan. If construction goes into ski season, it needs to be part of I the contract. Foley said the Lions Head merchant's greatest concern is for their I customer's to access Lionshead without going all the way to the Dobson /Library exit. l Rogers made a motion to approve the award to R. A. Nelson per the town staff recommendation and the motion was seconded by Tjossem. A vote was taken, and the motion passed 7 -0. Daly thanked Tom Kassmel and Greg Hall for working through the process and commended them for doing a great job.1 The seventh item on the agenda was adjournment. 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 9:50 p.m. OF Vo Respectfully submitted, r i • 5 1-Aj g4F 1 g Dick Cleve 7 I, Mayor Attest:T.,C01O %O k ` a1 . , 1 x r 1,t r- ei Donaldson, Town Clerk 1 1 i: Town Council Meeting Minutes for April 5, 2011 Page 10 i i l Vail Town Council Meeting Minutes Tuesday, April 19, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Nicola Ripley, Director of Horticulture and Research at the Betty Ford Alpine Gardens (BFAG), stated they were interested in being part of the conference center funds discussion as one of the possible projects for use of the funds. She said the BFAG vision fits into the criteria along with the other projects in Ford Park. The BFAG are considered experts in high horticulture gardening and have many investors. They would like to increase their footprint in Ford Park and expand the gardens. Mike Cacioppo said he wanted to know if the Council is going to make a decision on the ballot questions and timing this evening. He said he can't stay for the rest of the meeting tonight and wanted to express his views. He said some of the projects are not appropriate uses for the conference center funds. In his opinion, the most appropriate uses for putting heads in beds is the Vail Golf Clubhouse remodel and the Ford Park project adding another field. He said the other projects do not fit the scenario of getting heads in beds criteria. Tom Ruemmler, part-time resident of Vail for 20 years, explained how the economic crisis evolved and how this affects the Vail community. He cautioned the Council to be aware and cautious about adding taxes to real estate projects. The second item on the agenda was the Consent Agenda. Town Council Meeting Minutes for April 19, 2011 Page 1 On the consent agenda was the approval of the March 1, 2011, meeting minutes and the March 15, 2011, meeting minutes. Daly made a motion to approve these minutes, with a minor correction, and the motion was seconded by Foley. A vote was taken and the motion passed, 7 -0. The third item on the agenda was the Town Manager Report. Zemler stated the Council received an invitation to the Eagle County Regional Planning and Advisory Committee meeting. The fourth item on the agenda was an update on the USA Pro Cycling Challenge. Ceil Folz, President of the Vail Valley Foundation (WF) and Adam Lueck with the Vail Valley Foundation, presented an update to Council on the USA Pro Cycling Challenge, formerly known as the Quiznos Pro Cycling Challenge. Folz stated Vail will host the time trial on August 25, 2011, this is good for television as all the cyclists will be able to be on television. The folks on the local organizing committee are tied to the community with Dwight Henninger, Stan Zemler and Kelli McDonald serving. She said there is an overall budget of $318,000, with the Town of Vail donating $175,000 cash and $25,000 in -kind sponsorship fees. The WF will be raising the additional funds. She said 120 international teams of athletes will be here. She said announcers will be promoting this pro cycling event in all the other cities that are involved. 20,000 to 30,000 spectators are expected in Vail. The economic impact is expected to be between $3 million and $6 million. She said the time trial will take place between Vail Village and Vail Pass and is the most spectator friendly route. Adam Lueck stated the race starts in front of Solaris and heads out on Gore Creek Drive to Vail Valley Drive onto the Frontage Road and up the original Coors Classic time trial route, into East Vail to Bighorn Road, with a cross under I -70 to the old Highway 6 to the cul -de -sac. The WF is working with the town staff to establish a parking plan. He said Meadow Drive is requested to be closed from August 24 and 25 and Willow Bridge Road, Gore Creek Drive, Vail Valley Drive, Frontage Road East and Bighorn Road throughout the day on August 25. There will be 25 hours of television for this event with two hours of live television coverage, which is better than the tour stage in California. Vail benefits greatly with the visibility on television and will maximize bringing people in to town. There will be a 30- second commercial to help bring folks to town for the race. This is not just a one day event. There will be three night hotel packages, time trial forerunners, celebrations, celebrities, VIPs, films, animation, with Taste of Vail -type events, concerts and a Coors Classic Reunion. As well, and there will Town Council Meeting Minutes for April 19, 2011 Page 2 be a Friday Citizens Ride which will come from Avon to Vail. There will be a headliner concert and a second citizen ride to Breckenridge. Council was very supportive of the event. Additional questions were asked about bleachers, big screens and transportation around the area to event sites. Folz said every site of this event had to have local representatives and the WF represents Avon and Vail. She said Avon's contributions were all in -kind services and no cash. Foley asked if they were attracting people to come up on Wednesday night instead of Thursday. Folz said the American Flyer film may be shown with celebrities in attendance. Many aspects of the race still must be completed and discussed. The fifth item on the agenda was the Conference Center Ballot Language and Timing. Judy Camp, Finance Director, asked Council for direction on the ballot language and timing. She stated the last ballot issue for the conference center funds was in 2005. The language stated if the Council chose not to use the funds for a conference center, the town would need to refund the money or submit a question to the voters on how the funds would be used. Rogers asked if the refunding mechanism had to be stated in the ballot language. Mire said it can be stated in a resolution. He gave Council samples of various ways to word the ballot language in a yes and no question. The three samples were 1) Remodel the Golf Clubhouse with the addition of an events Pavilion. This multi - purpose venue would serve golfers, Nordic users, potential special events and meetings /receptions; 2) Remodel and expansion of Vail Village Welcome Center to support a Heritage Center with space for receptions and other functions and Town -wide signage /information /guest enhancement system. This multi -media welcome center would be high tech yet high touch; triple the square footage of the existing information center with connectivity to the Colorado Ski and Snowboard Museum on the floor below as well as a flexible floor plan for receptions and other functions; 3) Expansion of the fields at Ford Park. An additional field and restroom would be added in Phase I of this Ford Park project on the Upper Bench. This phase does not include parking, the Lower Bench or Ford Amphitheater projects. Staff is going through public outreach to get community input. Rogers said there is only $9.4 million in conference center funds and the projects listed are up to $16 million. Tjossem said voters may be picking projects that may not get the total funding and it's up to Council to pick the projects that are most popular with the community. Rogers said it should be up to the groups bringing forth these projects to add in the maintenance costs of the projects. Ongoing operations and maintenance should be part of the final presentations. Foley said the language should be yes and no questions with specific projects and dollars. Stephen Connolly, resident, said he supports the Vail Clubhouse project. He said it is best to make the ballot simple as possible and only have one project on the ballot. He Town Council Meeting Minutes for April 19, 2011 Page 3 said the Welcome Heritage Center doesn't make sense and the numbers don't support the project. He asked Council to seek public input and get the general public input and not just from the select few. He said the Vail community is capable of great thinking and maybe there are other ideas out there. He said the possibility of making the Ford Amphitheater a year' round venue may have potential. He also said the Council should be ready to back up why a special election is necessary instead of placing it on the November election. Kaye Ferry, Vail resident, said she didn't disagree with anything Steve Connolly said and was concerned that all the folks who have an interest in this will be out of town when this will be discussed in May. She said there is a long way to go before she feels strongly about supporting the projects mentioned and her answer would be no on all the samples given so far. Tjossem said during the public process in the next few weeks, the Council will gather feedback. It will be the Council's job to come up with the most viable two or three projects from the public input. Ferry said there was an original goal for the funds which was to put heads in beds and the heritage and welcome center is not it. Rogers said Kent Logan came to Council and said there is no one project that was a great project. Steve Connolly said part of his comment is they don't know there is a silver bullet. There hasn't been an outreach to the general public. He said to find one idea everyone can wrap their arms around. The town needs to create an outreach program to reach the community. Ferry asked the town attorney, if the town did a poll and got a project that didn't use all the funds, could they keep the balance in an account for future use Mire stated the town would need to get community approval for the rest of the funds left. Ferry said if the town wants to have a win -win, apply $4.2 million to the Vail Golf Clubhouse and keep the rest of the funds in an account until the next great idea comes along. Mire said we can't violate election law. Further discussion ensued regarding how to structure the language and how to spend the money on projects. Mire stated the town needs to seek authorization to keep the funds anywhere. Jim Lamont, representing the Vail Homeowners Association (VHOA) said government should not be spending just because there is money and it's burning a whole in the pocket. He said there are a lot of folks who don't want the money spent just to spend it. He said they need to discover what are the wants versus the needs and are there other things coming down the road that may be needed in the future. He said the town may want to keep the money for a future use and not spend it if it's not necessary. Town Council Meeting Minutes for April 19, 2011 Page 4 Cleveland said the date can be resolved. Daly said the recommendation was to do a survey of when people would be in town to vote. Rogers said she is against having the August election as the Council and community needs more time to discuss this issue. She said serious consideration needs to be given. They need more input. She doesn't want to spend an additional $12,000 for a special election because there is no compelling reason to have an election in August. Newbury and Cleveland agreed with Rogers. Foley said in 2005, when there was a ballot question and Council seats on the ballot, there was a high turnout. He said they should schedule this for the meeting on June 7, 2011. Tjossem stated if there isn't a compelling reason to go to an August election, move this to a November election and get more feedback from the public. Newbury said no one has come up with a great idea. If the ballot question gets voted down, it gets voted down by the Vail voters. Rogers made a motion to put the ballot question on the November 8, 2011, election; the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 7 -0. Council stated they will move the public hearings to June. Zemler stated the Council has been advised since 2008 they should go to the voters or face the possibility of losing the funds. Foley said a survey could be developed that residents could then get on the computer and fill out. Staff will develop a new option. Zemler said staff will bring this back the first week in June and see if any other projects come out of the next meeting. A ten minute break taken at 7:52 p.m. The sixth item on the agenda was First reading of Ordinance No. 5, Series of 2011, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, for changes to the solar energy device regulations, and setting forth details in regard thereto. 30 min.) Planner Rachel Dimond stated this ordinance had received a recommendation of approval from the PEC. The proposed regulations would remove a provision that requires solar energy devices to be installed at least two feet from eaves and one foot below ridge height. The proposed regulations would allow solar energy devices to be installed to the edge of eaves and one foot above ridge height. Under public comment, Megan Gilman with Active Energies, stated this goes a long way toward installing solar panels in the town. This is not overly restrictive and suggested Council use the Design Review Board (DRB) as the gatekeeper. Jeannine Robbins, an Town Council Meeting Minutes for April 19, 2011 Page 5 East Vail resident, questioned installing panels that obstruct a neighbor's view. She cautioned Council to watch carefully over these installations. Donovan was concerned that with large projects the one foot above ridge height could be problematic and she was not convinced an extra foot would provide the incentive required. She suggested keeping as close to the roof line as possible. Cleveland supported the 2 foot eaves change — but not the 1 foot above the ridge line. Cleveland, Foley and Donovan agreed they were not convinced this would affect a significant number of projects. Dimond stated this should simplify the process for both the applicant and the staff. Ruther noted calculating the roof height was a very complicated process. In a second motion , the first motion withdrawn, Daly moved to approve with additional language that is sensitive to architectural compatibility to the maximum height, and Donovan seconded the motion. A vote was taken and the motion passed 6 -1, with Cleveland opposed. The seventh item on the agenda was Resolution No. 7, Series of 2011, establishing the 2011 payment of fees in lieu for each employee to be housed and for each square foot for commercial linkage and inclusionary zoning mitigation. Council clarified "the annual fee in lieu amount reflects the gap between a two- person household earning 120% of area median income (AMI) and the previous year's median cost per unit." Rogers moved to approve Resolution No. 7, and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. The eighth item on the agenda was first reading of Ordinance No. 11, Series of 2011, an ordinance authorizing a ten foot wide utility easement along the common property line between Parcel A and Parcel B, a re- subdivision of Tract D, a re- subdivision of Vail Das Schone Filing No. 1, a re- subdivision of Parcel A and Parcel B, Town of Vail, County of Eagle, State of Colorado; and setting forth details in regard thereto. Ruther stated the Chamonix property was platted and currently had a 10 foot wide easement; however, by second reading, a correction plat would be submitted. Newbury made a motion to approve on first reading Ordinance No 11, and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 7 -0. The ninth item on the agenda was the 2011 Overlay Project Award. Town Council Meeting Minutes for April 19, 2011 Page 6 Engineer Chad Salli asked Council to authorize the Town Manager to enter into an agreement with B &B Excavating, the lowest bidder, to complete the 2011 Overlay Project in an amount not to exceed $369,655.99. Foley requested thorough notification of the neighborhood for affected residents. Daly made a motion to direct the Town Manager to enter into this agreement with B &B Excavating, and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7 -0. The tenth item on the agenda was the Matterhorn Bridge Design Award. Salli explained this is a federally funded bridge replacement project. The project was awarded the federal funds due to the structures low sufficiency rating. The bridge has lost 15% of its bearing area due to scour. This then requires an RFQ (Request for Qualifications), to which there were 11 responses. Loris and Associates was the most qualified and is a company operating out of the Boulder /Lafayette area. Rogers asked whether there were any local bidders but was told local bidders had no previous experience with either bridge replacement or working with CDOT. Daly questioned why the design element was so high at 25% of the overall. Salli explained the CDOT average is 15 -18% for initial project review, with approvals being supplied by an associate engineer billed out at $137 /hour. For the expanded scope of review, including engineering design and construction, the total would be as high as 26% overall, still a good deal under CDOT's average of 32% for this expanded scope of service. Since this is a federal match, the town pays 20% and the federal government comes in at 80 %, or $828,000 of a $1,035,000 total project. The project also will be subject to DRB scrutiny. Daly made a motion to approve the Town Manager's entering into a contract with Loris and Associates, and the motion was seconded by Foley. A vote was taken and the motion passed 6 -1, Cleveland opposed. Foley made a motion to adjourn, and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. The meeting adjourned at 8:40 p.m. Town Council Meeting Minutes for April 19, 2011 Page 7 I Respectfully submitted NOF 0-4-0 ..... i., 1,,„.,6( D Clevelayor 1 . S Attest: re -i Donalds • n, Town Clerk Town Council Meeting Minutes for April 19, 2011 Page 8 1 Vail Town Council Meeting Minutes Tuesday, May 3, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland.I Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Darrell Bangert, with Sage Outdoor Adventures, asked that Segway vehicle use be extended in the Town of Vail. He also requested staff check into adding steps near the Ritz in Lionshead to allow for access in and out of Gore Creek for rafting purposes. Jim Lamont, representing the Vail Homeowners Association (VHA), said his membership wants some kind of communication system in place to notify residents of flooding Iissues. item on the agenda was the Consent Agenda: The second ite g 9 i 1 The first consent agenda item was approval of Resolution No. 8, Series of 2011, and an Intergovernmental Agreement (IGA) between the Town of Vail, Town of Avon, Town of Eagle and Eagle County on behalf of the Eagle County Sheriff's Department for the continued operation of a joint special operations unit.if Rogers made a motion to approve Resolution No. 8, Series of 2011; and the motion was seconded by Daly. A vote was taken and the motion passed, 7 -0. The second consent agenda item was approval of Proclamation No. 2, Series of 2011, Building Safety Month. Tjossem read the proclamation into the record. Town Council Meeting Minutes for May 3, 2011 Page 1 I i 1 i I f F Foley made a motion to approve the Building Safety Month Proclamation and the motion was seconded by Daly. A vote was taken and the motion passed, 7 -0. Foley encouraged the community to join in the Town Clean Up Day on Friday, May 6. The third item on the agenda was the Town Manager Report: Kathleen Halloran, Budget Manager, stated the March 2011 sales tax returns were estimated to be $3,135,065, up 17.5% from budget and 16.8% from last year The ski season was up 12.3% from last year and inflation, as measured by the Consumer Price Index, was up 2.7% in March. She stated the Real Estate Transfer Tax (RETT) collections through April 27, 2011, were $1,476,527, up 3.4% from this time last year. Over 40% of the total RETT was from major redevelopment projects. Collections not related to major development projects currently total $884,942, down 3.1% from this time last year. The parking revenue pass sales total for the winter season was down 5.1% or $768,717 compared to the prior season. Daily sales for the season were $3,590,325, down 12.1% compared to the prior season. Parking transactions, not including pass usage, for Vail Village was up 4.7% and down in Lionshead by 3.8 %. Halloran stated the town's current debt was $4 million and the town will be debt free in 2013. She said the parking season pass sales transactions fluctuated as well; 811 passes were sold this winter, down 7.6% from the prior season. The number of value cards increased by 75 %, due to the inclusion of Eagle County residents. The number of value cards sold to Vail residents increased by 48.8 %. Daly asked how sales tax was doing compared to the budget. Halloran stated that currently the March figures are up 17.5% from budget and year -to -date from January through March, the town is up 13.5% over budget. The fourth item on the agenda was a report from the Vail Valley Medical Center WMC) and the Steadman clinic. Dr. Steadman started the presentation by giving a brief history between the WMC and the town. Mike Egan, Chief Executive Officer of the Steadman /Philippon Institute on behalf of the institute and the WMC, asked the Council to enter into a partnership and continue to help the hospital and institute fulfill their mission. Steadman said he originally brought five people with him twenty one years ago and now there are more than 124 people in his clinic. Dr. Mark Philippon left a good practice in Pittsburgh to join him here in Vail to help get the future succession in place. Dr Philippon stated he became a United States citizen last August. He said innovation and collaboration is Town Council Meeting Minutes for May 3, 2011 Page 2 i f I 1 important to provide each patient with the best medicine available. He said the clinic's main focus was sports medicine and collaboration between all parties would be beneficial to the local community as well as the worldwide community.1 Kirshner, Chief Executive Officer of the WMC spoke to the Council about theDorissP benefits of the partnership between the WMC and the Steadman group. She stated the WMC is a 501(C) 3 nonprofit group and they have grown from 1990 to 2010 from 12.7 million to $203.5 million, and from 138 full time employees to 634 full time employees. A PowerPoint presentation attached to the packet was presented and discussed. Mike Egan explained that 95% of their practices are made up of destination patients and their vision is to become the premier practice. Their technological work has world wide recognition. They teach what they learn, present and publish. The goal l is to attract world class physicians, researchers and scientists. They need a world class facility includes an education component and conference facilities. t Steven Reid, a Vail Homeowner and hospital board member, stated Steadman has put him together 4 or 5 times. He said the benefits of a wellness based research center in Vail could add $50 -80 million to the town. The economic impact analysis states it could be one billion if they stay the same, but they believe they can double that impact and grow their reputation. The realization of a partnership will allow them to attract world - renown physicians, new businesses, increase destination patients and medical tourism. Rogers asked of the 95% that are destination patients, is this seasonal? Reid stated they have unique, international practices and are booked year around. Tjossem asked if they were asking for the $9.4 million from the conference center funds. Egan said they have been talking about having medical conference centers and with an adequate facility, it could draw tourism to Vail. This is in the preliminary stages of the talks. Steadman said since they moved here 21 years ago, the support has been great and the hospital has really stepped up. He thanked Vail for their support. They have had the most successful growth in their field. The vision that was started will continue as long as collaboration continues.I Paula Fischer, a local realtor, asked out of the 95% of the destination patients who come here, how long do they stay. Philippon stated someone from Istanbul coming for a hip replacement will be here for six weeks. He said most patients stay five to seven 1 days minimum. He said they could be longer but they are under prepared. He said the 1 infrastructure could be better. I Matt Erlick, Ophthalmologist with WMC, wanted to know more about the expansion of the rest of the WMC, not just the Steadman portion. He said a strategic planning process includes an aging population and other services. Town Council Meeting Minutes for May 3,2011 Page 3 r i i t I i l i John Schlecter says his company is planning to bring a thousand surgeons to Vail for a conference. Vail has the world's leaders in orthopedics here. Dick Cleveland said the next steps are for the town to see a proposal to more formally explore possibilities. This will be exploratory only, although the synergy between organizations will be beneficial. i A five minute break was taken at 6:50 p.m. The fifth item on the agenda was a request to proceed through the development i review process with a proposal to re- construct and maintain existing private i improvements (stairs and deck) on the Town of Vail owned Gore Creek stream tract, Tract A, Vail Village Filing No. 5, generally located adjacent to the Vail Trails East Condominiums at 433 Gore Creek Drive. Bill Gibson, Planner, stated this is a request to proceed through the development review process regarding an existing staircase in an existing condominium complex where the stairs are on town property. He gave a brief history of this property and stated the background information didn't get attached to the agenda. Daly made a motion to table this item because there were no attachments, to the May 17, 2011, evening meeting, including a site visit, and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7 -0. 1 The sixth item on the agenda was a review of the proposed Lionshead Redevelopment Master Plan amendments to facilitate the Ever Vail project. Focus was placed upon the Master Plan recommendations with regard to parking. i Warren Campbell, Community Development, stated the five actions taken by the PEC. He said clear direction is needed on several aspects of the project. Campbell discussed the view corridors in Chapter 4, amendments in Chapter 5 regarding Ever Vail, land uses, broader topics highlighted were no net loss of parking, formalizing numbers, proposed location of three new view corridors and the need for commercial space. Greg Hall, Public Works Director, summarized the public parking needs and how Ever Vail can help ease some of the parking needs of the town. He reviewed the Lionshead Redevelopment Master Plan and the Vail Transportation Master Plan and Ever Vail proposed parking spaces.1 Campbell went over the No Net Loss Policy and proposed language. Town Council Meeting Minutes for May 3, 2011 Page 4 1 i t 1E i I 1 Cleveland said staff has been monitoring and keeping track of the parking needs over the years. Dominic Mauriello, Vail Resorts, Inc.'s (VRI) representative, stated there are typos in the presentation and West Lionshead and Ever Vail are interchangeable. He explained Lionshead Redevelopment Master Plan (LHRMP) parking and said the no net loss policy has been tracked for many years. He said the North Day Lot and West Day lot were specifically mentioned in the master plan but the Holy Cross lot was included as well. He reviewed the slide presentation on parking and where it is today and how Ever Vail satisfies the parking requirements and what types of spaces are available and how it supplies parking needs. Newbury thanked Mauriello and staff on the parking explanations as it made it clearer. Tjossem concurred. Additional questions and discussion ensued regarding the total number of parking spaces required. Rogers is concerned the town's requirements need to be protected and brought up in this process. Ruther said staff has duly noted that and will make sure they have done studies to verify the required proposed parking spaces are correct. Mauriello said the 400 parking spaces will be for the lift and deficiencies of off- street parking. Rogers is concerned as there are conflicts within the resolution and master plan language. Ruther suggested staff will come back with more information. Cleveland asked if 400 spaces are adequate. Zemler suggested the applicant and staff bring back how the 400 parking spaces were derived and do an analysis of the location of parking locations and master plan items and future opportunities at the next meeting on May 17, 2011. He suggested Council continue this item to the next meeting. Cleveland asked for public comment. Rick Andrews, project manager for PCL, said they needed to address an issue of parking. He said during the construction of the Ritz, they pulled 300 cars off the streets to park down valley and minimize construction parking with fifteen 15- people vans. He said there seems to be a perception that large contractors want to move in and move out. He said that's not true and said most are active participants of the community. Town Council Meeting Minutes for May 3, 2011 Page 5 fi ti Chupa Nelson, with R.A. Nelson, said he thinks VRI has met the requirements of the 1 master plan. He said the choice is to use the master plan as is or change it. He said to go with the 400 spaces as it's more than what the town has now. Ty Stockton, a 20 -year resident of Vail, said he is excited to see the renewed excitement of people coming to Vail. He has concerns about the parking. Foley made a motion to continue all Ever Vail items to the May 17, 2011, meeting and Donovan seconded the motion. A vote was taken and passed 7 -0. A five minute break was taken at 9:19 p.m. Newbury left early due to illness. The seventh item on the agenda was first reading of Ordinance No 12, Series of 2011, an ordinance extending amendments to Chapter 11 -7, other signs, sign regulations of the Vail Town Code, to establish regulations for information and directional signs for public parking on private property, and allowing the administrator to approve said signs subject to September 6, 2011, and setting forth details in regard thereto. George Ruther, Community Development Director, stated the Council approved Ordinance No. 2, Series of 2011 as an emergency ordinance and Ordinance No. 12, 2011, is intended to extend the effective date of that ordinance from May 3, 2011, to September 6, 2011. No other changes to the regulations are proposed. He said the Solaris property owners are in support of this regulation. Tjossem said the town is getting into the season when the town parking is free and the private parking is paid. Ruther said one of the requirements is to have signage. Foley made a motion to approve on first reading, Ordinance No. 12, 2011, and the motion was seconded by Donovan. Daly said he would like language added addressing reports on a monthly and daily basis from the managers on the utilization of the private a parking garages so the Council can understand the impact of private parking on the town. Mire said both amendments can be made prior to second reading. Tjossem asked if the parking garages need to advertise the cost in the summer time. Further discussion ensued about free parking at the Vail Transportation Center (VTC) and Solaris. Ruther said amending the regulation would make the sign legally nonconforming. Rogers said during periods of time when the town offers free parking, and the private parking is paid, they need to have a sandwich board stating what their rates are all the time. Ruther said Solaris currently doesn't have to put out a sign, but this ordinance will have Solaris do this. Zemler asked when the variable message signs are out in the median. Hall said they will be up in one month. Mire said the town doesn't have the right to 1 Town Council Meeting Minutes for May 3, 2011 Page 6 force Solaris to advertise his rates. Tjossem asked how the town work can with the private entities so we don't confuse our guests. Foley made a motion to approve the ordinance as read, Rogers seconded the motion. A vote was taken and passed, 5 -1, Donovan opposed. The eighth item on the agenda was second reading of Ordinance No. 5, Series of 2011, an ordinance amending Section 14 -10 -5, building materials and design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, for changes to the solar energy device regulations, and setting forth details in regard thereto. Kristen Bertuglia, said the modifications and amendments as requested at the last meeting were added to the ordinance. Rogers made a motion to approve on second reading and the motion was seconded by Tjossem. A vote was taken and the motion passed, 5 -1, Cleveland opposed. The ninth item on the agenda was second reading of Ordinance No. 11, Series of 2011, an ordinance authorizing a ten foot wide utility easement along the common property line between Parcel A and Parcel B, a re- subdivision of Tract D, a re- subdivision of Vail Das Schone Filing No. 1, a re- subdivision of Parcel A and Parcel B, Town of Vail, County of Eagle, State of Colorado; and setting forth details in regard thereto. George Ruther, Community Development Director, stated this ordinance allows for a ten foot wide utility easement to allow Comcast to be in the easement at the West Vail Fire Station. Daly made a motion to approve on second reading and the motion was seconded by Tjossem. A vote was taken and the motion passed, 6 -0. The tenth item on the agenda was a continuance of the second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. George Ruther stated the applicant requested a continuance of this item to the next meeting. Daly made a motion to continue this item and the motion was seconded by Tjossem. A vote was taken and the motion passed, 5 -1, Foley opposed. Town Council Meeting Minutes for May 3, 2011 Page 7 i 1 1 The eleventh item on the agenda was a continuance of Resolution No 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub - Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Daly made a motion to continue this item to the next meeting, and the motion was seconded by Tjossem. A vote was taken and the motion passed, 5 -1, Foley opposed. The twelfth item on the agenda was adjournment.I 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 9:50 I p.m.1I A y. if i Respectfully submitted,gyp • . CA of Dick Cleveland, r 1 COLORP'.. Attest:i 1 I%jion, Town Clerk i` ' i 1 I a i Town Council Meeting Minutes for May 3, 2011 Page 8 r i I i a z i Vail Town Council Meeting Minutes ti. Tuesday, May 17, 2011 l 4:00 P.M. Vail Town Council Chambers I The regular meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan 1 Kim Newbury Margaret Rogers Susie Tjossem Members absent:Kevin Foley Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney 1 I The first item on the agenda was the Consent Agenda: 1) Approval of the April 4, 2011; and April 19, 2011, meeting minutes; and 2) Approval of the Community Gardens Agreement Daly made a motion to approve the consent agenda and the motion was seconded by Tjossem. A vote was taken and the motion passed 5 -0. Rogers was not present at this time. is The seconded item on the agenda was the Town Manager Report. Nina Timm, Housing Coordinator, informed the Council the Arosa Duplex, Units A & B were awarded the LEED's Certification. Dave Mentz, one of the owners, said the process went smoothly and commended all parties in getting this done. He thanked the Council for the opportunity to own their own home in Vail. David Viele, with Viele Construction, said thanks to all involved for having this project be the first LEED's certified building in Vail.i The third item on the agenda were the appointments of the applicants for the Local Licensing Authority (LLA) and Vail Local Housing Authority (VLHA) vacancy appointments. Dick Cleveland stated the applicants were interviewed at the work session. The Council voted for three applicants to fill three vacancies for two year terms each on the LLA and two applicants for two vacancies on the VLHA; one for a five -year term to May 31, 2016, and one to fill a vacancy which term ends May 31, 2014. t i Town Council Meeting Minutes for May 17, 2011 Page 1 i I 1 t 1 1 . l 1 6t' i I ft Newbury made a motion to appoint Jill Alfond, Ted Steers and Jamie Garrett to the LLA for two r year terms each, ending May 31, 2013; and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 5 -0. Newbury stated the vacancy to appoint an applicant to replace Mark Ristow's vacancy was a t five -year term and Ethan Moore's position was for a three -year term to fill this vacancy as he nolongermetthequalificationstoserveontheboard. Newbury thanked both Ristow and Moore for their years of service to the town. Newbury made a motion to appoint Mary McDougall to a five -year term to the VLHA, which term ends May 31, 2016; and John Rediker to the VLHA to fill a vacancy which term ends May 31,f 2014, and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 5 -0. Rogers joined the meeting at 4:28 p.m.s The fourth item on the agenda was first reading of Ordinance No. 13, Series of 2011, An Ordinance Defining Electronic Personal Assistive Mobility Device ( "EPAMD "); Establishing Regulations Regarding he Operation of Such Devices in the Town of Vail; and Setting Forth Details in Regard Thereto.i Matt Mire, Town Attorney, stated Electronic Personal Assistive Mobility Devices ( "EPAMD ")have been operating in the town on a trial basis since June of 2009, and the Council now L. wished to permit the operation of EPAMD'S on a permanent basis. Pursuant to Colorado lawthisordinanceisrequiredtopermittheoperationofEPAMD's over and upon the Town's recreation paths. Daly made a motion to approve on first reading, with the amendment of elimination of SectionNine, and the correction of a typographical error on the second reading of the ordinance, and Donovan seconded the motion. A vote was taken and the motion passed unanimously, 6 -0.1 The fifth item on the agenda was second reading of Ordinance No. 12, Series of 2011, anOrdinanceExtendingAmendmentstoChapter11 -7, Other Signs, Sign Regulations, Vail TownCode, to Establish Regulations for Informational and Directional Signs for Public Parking onPrivatePropertyandAllowingtheAdministratortoApproveSaidSignsSubject, to September 6, 2011, and Setting Forth Details in Regard Thereto. George Ruther, Community Development Director, stated Ordinance No. 12, Series of 2011, isintendedtoextendtheeffectivedateofOrdinanceNo. 2, Series of 2011, from May 3, 2011 until September 6, 2011. No other change to the regulations is proposed. Extending the effectivedateforanadditional125daysallowsthetowntoexploreopportunitiesforincorporatingthe I, parking sign regulations into a larger signage and wayfinding initiative currently underway. Daly made a motion to extend Ordinance No. 12, to November 21, 2011, and the motion wassecondedbyNewbury. A vote was taken and the motion passed unanimously, 6 -0. t Town Council Meeting Minutes for May 17, 2011 Page 2 I i tr t t A i t 1 r I 1 i The sixth item on the agenda was Resolution No 9, Series of 2011, A Resolution Approving an 1 Intergovernmental Agreement (IGA) between the Town of Vail and the Roaring Fork 1 Transportation Authority; and Setting Forth Details in Regard Thereto.e Todd Scholl, Public Works Fleet Manager, stated per the vehicle plan, buses are to be replaced every twelve years. The town purchased six buses last year In 2009, the Roaring Fork Transit Authority (the "RFTA ") had a bid and award to purchase two hybrid buses. The Town of Vail the "Town ") had a budget for the purchase of two buses in 2011. The town would like to enter into an agreement with RFTA to utilize RFTA's bid and award to purchase the town's two buses at the same or similar terms. The agreement would not require the town to purchase any bus equipment. He requested the Council approve the IGA, and authorize the Town Manager to sign an IGA with the Roaring Fork Transportation Authority in a form approved by the Town Attomey. Rogers asked if staff has looked into natural gas buses. Scholl said yes, however, there are issues with high altitude natural gas, as well as other issues. Pumps, compressors and the bus x facilities changes to incorporate natural gas would require a lot of additional funding. Scholl stated the town began purchasing hybrid buses in 2006.i E : Daly said there was an article in the Wall Street Journal that stated natural gas is running at this altitude. Scholl said the RTD bus system in Denver is having issues at their altitude, which is 1 5,180 feet above sea level. The town is at a much higher altitude at 8,150 feet. Daly said this f ;, topic deserves more research and information. Scholl said the turbo charges are an issue as 1 well. Cleveland stated the town staff has already researched this in depth in the past and there are substantial costs to initially get in the infrastructure costs of beginning to use natural gas. t Newbury made a motion to approve Resolution No. 9, to approve the IGA, and authorize the Town Manager to sign the IGA with the Roaring Fork Transportation Authority in a form approved by the town attorney and the motion was seconded by Tjossem. A vote was taken z and the motion passed, 4 -2. Daly and Rogers opposed. 1 The seventh item on the agenda was a discussion to purchase two hybrid electric buses from 1 Gillig Corporation.1 i tn Todd Scholl, Public Works Fleet Manager, said the Town Council is being asked to authorize 1 the Town Manager to enter into an agreement in a form approved by the Town Attomey. He said the Town has $1,203,400 budgeted in the 2011 capital budget to replace two 1999 Neoplan low floor buses for the in -town shuttle with two hybrid low floor buses. Replacing these 1 two older buses with hybrids will give us a total of ten hybrid buses for the in -town shuttle. The next hybrid bus purchase would not be until we replace the original hybrid in 2018. With the Council approval of Resolution No. 9, the town would need to enter into an agreement with Gillig Corporation for the purchase of the two low floor hybrid buses that the intergovemmental 1 agreement authorizes. Newbury made a motion to authorize the Town Manager to enter into an agreement in a form k approved by the Town Attorney for the purchase of two hybrid electric buses from Gillig Corporation for a total of $1,203,400; and the motion was seconded by Donovan. A vote was taken and the motion passed, 4-2. Daly and Rogers opposed.b Town Council Meeting Minutes for May 17, 2011 Page 3 i 1 i f i 1 i i i is The eighth item on the agenda was a request to release the Type II Employee Housing Unit EHU) Restrictive Covenant between Arthur and Judith Axelrod and the Town of Vail for their property at 1977 Circle Drive, Lot 25, a Re- Subdivision of Buffehr Creek. Cleveland stated for the record, he is recusing himself on this item as his wife represents the applicant. Cleveland left the room during the discussion of this item. George Ruther, Community Development Director, stated the Council is being asked to release the deed restriction. In the memorandum, a Type 11 EHU is being asked to be released. Ruther reviewed the details of the memorandum regarding this EHU request. There was an error by staff in changing the deed restriction from Type I to Type 11. The said there was some responsibility by the owner as well. The applicant went from a nonconforming to a conforming lot during the process. He went through the options the Council could consider for releasing the Type 11 EHU. Ruther said while researching this file, there is one other property in the town that had this issue and has similar circumstances. Ruther said the original intent was to have two free units on the property. Kathy Langenwalter, Peel /Langenwalter Architects, representing Arthur and Judith Axelrod, requested a release from their EHU agreement with the Town of Vail. She said the applicant wants to expand the secondary unit. She reviewed the August 1999 memorandum. She said to have two units, they need to have an EHU. She said when the applicant went through the process, at the same time, the Planning and Environmental Commission (PEC) was looking at changing the square footage on April 25, 2000. She said the final Design Review Board (DRB) application was submitted on April 27, 2000, and approved on May 3, 2000, with the condition being a Type 1 EHU. She said the condition of approval was inappropriately placed and it should be lifted. Langenwalter said she was unaware of the other process at the time. Gibson discovered the timeline error and that the EHU was not required at the time of DRB approval. He said the Gross Residential Floor Area (GRFA) question came up and the existing GRFA is 100 square feet less than the single family would have been. He said this was just bad timing. Langenwalter said it was a glitch in timing of the application and a mistake was made. Daly asked Ruther if the DRB would have known about this issue. Ruther said no, the staff should have caught this. He said a year prior to the final review, they went to consent approval and then came back a year later. The DRB never re- reviewed the application because there were no changes. Daly said the EHU should stay in place, and Donovan agreed with Daly. Langenwalter said the conceptual review happened and the reality of a Type I EHU is assigned when the property doesn't meet the lot size. Langenwalter said if they have to have an EHU, it should be an EHU Type 1 and not Type 11. Newbury clarified the applicant was sent the wrong EHU documentation. Ruther said that was correct. Tjossem said the town needs to take responsibility for our errors. Donovan said she doesn't want to strip away the EHU. Langenwalter requested the applicant have the same rights as others did at the time of the application, which was to have a secondary unit. Rogers made a motion to release the Type II EHU with authorization from the town manager, and the motion was seconded by Tjossem. A vote was taken and the motion passed, 3 -2, with Daly and Donovan opposed. Town Council Meeting Minutes for May 17, 2011 Page 4 t 1• tt x Newbury said she hates to lose an EHU but the applicant has a right to the release of this unit. i The ninth item on the agenda was a dinner break at 5:15 p.m. Daly made a motion to adjourn for a dinner recess and the motion was seconded by Donovan. A vote was taken and passed unanimously, 6 -0. The meeting reconvened at 6:00 P.M. 1 : r The tenth item on the agenda was Citizen Participation.f Dwight Henninger, Vail Police Chief, stated there is a county wide tabletop exercise on t t Thursday at Donovan Pavilion to go through a flood exercise and how the community will respond county wide. Tjossem asked about a wildfire evacuation plan. Henninger said it was on our website. If folks don't have a way to drive out, they can meet at the transportation center i to take a bus out. Cleveland thanked and acknowledged Tjossem for the flowers she provided at the meeting this evening. 1 The eleventh item on the agenda was a public hearing on the proposed summer parking management plan.t 1 3 Cleveland stated the Colorado Department of Transportation (CDOT) has instituted a new program for the summer. There will no longer be any free parking on the Frontage Roads as costs and liability have begun to prohibit this practice. Greg Hall, Public Works Director, discussed a proposed summer parking management plan based similar to the town's winter parking plan where both parking structures fill prior to allowing I overflow parking to occur on the South Frontage Road. In the summer, based on how it was managed, Ford Park would fill, then the overflow would move to the Village Transportation Center (VTC), then on to the Lionshead Transportation Center (LTC). i ' Council directed staff to provide a plan on how the summer parking could be similar to winter I parking. The biggest concern was how to get transportation for guests from the LTC and VTC I to Ford Park.t i Hall said that the Frontage Road was used 34 days last summer and seven days in the winter. During the majority of the 34 days, there was available excess parking in the LTC. All the Sunday Farmer's Market dates and during the Saturday of the Teva Mountain Games, the Frontage Road has filled. In 2011, there are currently 41 paid parking days with four additional potential paid parking days at Ford Park. The staff has calculated there are potentially 67 days when the VTC can fill. t Hall stated that CDOT allows for parking on the Frontage Road if there is an emergency. He asked when excess parking in the Lionshead parking structure is available, is parking on the Frontage Road considered an emergency. He stated that if Council moves forward with a managed summer parking plan, the plan should be implemented by the first weekend in June 1 for the Teva Mountain Games. He discussed some of the time frames for different special events and how the town shuttles could run longer and more frequently. The in -town shuttle Town Council Meeting Minutes for May 17, 2011 Page 5 I' i rt 1 I t t l 1 f i t N ` f would be used for most events. They would have strong express shuttles with either a five minute or eight minute frequency and the town would run more buses at the end of the special events. In the past, the maximum overflow of cars parking on the Frontage Road was f approximately 200 cars. He believes the town's bus service can accommodate this He said with the town's parking structures, Ski Club Vail parking, Manor Vail parking, Solaris parking tandthePassportClubgarages (most of the private garages and parking are paid parking), the town could keep most of the overflow parking off the Frontage Road. a Hall stated the town may be running empty buses, but there would not be overflow parking onto the Frontage Road. He said staff could budget for the days they need additional buses, have itadditionalsignagefortheparkinggarages, start placing the signs up the day before an event begins and during the event. He said the cost for signage would be between $5,000 and 10,000. In addition, the parking garages would have to be monitored and have hosts to direct guests to the express buses. The staff also would need approximately $52,000 for 8 minute bus service and $78,000 for 5 minute bus service. He said funding would also be needed for two security people to keep people off the Frontage Road, as well as funding for a communication plan, radio and website ads, brochures, working with event promoters and providers, etc. He t said the cost would be around $160,000 plus to implement. Hall stated the town staff is i committed to making the summer managed parking plan happen. Tjossem asked if express service would go from the LTC directly to Ford Park. Hall said it would begin at the LTC, stop at the VTC and then go directly to Ford Park; for a total of three (3) stops. In addition, the in -town bus provides service to Ford Park and the Ford Amphitheater via Vail Valley Drive. The express bus would be on the Frontage Road. Rogers' main concern is the buses leaving after an event and heading west bound and then having to enter into the VTC turning left. Hall said staff would have to cone off certain areas and operate a dedicated bus area and guest drop off. The town will have to make adjustments and improvements as the i process unfolds. Tjossem asked about tennis player access to the Ford Park parking if it's a paid parking date. Hall said everyone would pay on those dates, as they have in years past. Tjossem asked if there will be an education timeframe to educate the guests. Zemler said staff is still discussing tt this issue. Staff is concerned about first interactions with the Vail Police and Code Enforcement Officers. The feedback he is getting is that if the town is implementing this program, just go ahead and do it, as the Frontage Road is not a legal parking area already and folks aren't 1 supposed to park there. Cleveland asked if there will be staff or volunteers out at the Frontage Road near Ford Park to tell people not to park on the Frontage Road. Zemler stated there aren't enough people to inform everyone and staff can't intercept every person. 1 Hall said they could use private security with a vehicle, which would be an additional cost.I Tjossem stated the town needs to go over and above to make sure everyone does the best they a can as she wants to make sure the town is educating the guests and not making it a bad experience for everyone. I Hall said there may be people that will still park on the Frontage Road. Tjossem suggested valet parking. Hall said there weren't enough people to valet as people came to the park at the 1sametime. He said that the current cost of a parking ticket $26 per ticket. 1G Town Council Meeting Minutes for May 17, 2011 Page 6 1 tx t t I 1 i t t i Ceil Folz, President of the Vail Valley Foundation (VVF) and Jen Mason, Manager of the Ford Amphitheater, were asked what the impact would be on their events and how they feel about a new structure. Folz stated on a survey they have done the number one issue is parking. She said what is currently happening is a problem, but a longer term solution is what staff and Council are proposing now. She said the Teva Mountain Games would be a good time to try this new system. She thinks this new plan could be a good thing. Folz stated the Ford Amphitheater events are more time sensitive. Bravo and the Vail International Dance Festival start on time. She said if a Bravo concert starts at 6 p.m., a lot of folks come at 5:45 p.m. She said if the new system is in place, but is not communicated well, there will be a lot of angry people. She suggested a larger pedestrian /cart path. They could add more carts and more bike racks at the park so people can bike there. She said Hot Summer Nights could be a test time. She said if the town pulls the trigger on this program, do it hard, do it fast. She said to work the kinks out and do this before Bravo and the Vail International Dance Festival begin. Jen Mason said the number one complaint was accessibility to the amphitheater and this could exacerbate the issue. She said it needs to be made more friendly and welcoming to guests. She said the amphitheater doesn't have enough golf carts to move all the people. She said the VVF is supportive but they want solutions that work so guests keep coming back. Bravo! performing members are union and they have specific rules and times which are required as to when they can perform and start their programs. Tjossem said this goes back to the town testing and proving we can do this management plan. Newbury said the guests are saying it's already a nightmare, and they don't have an express bus to the park. She said don't assume the town will do a terrible job but that the town will improve the guest experience. Parking in the VTC is easy. When guests know they need to get to the LTC and where to catch the buses, this will make the process easier. She said the buses need to practice moving 400 people to Ford Park.i . Jeanne Reid -White with Bravo!, thanked the Council for paying attention to this issue. She has lived and worked in Vail for 30 years. This will be Bravo's 24 Season and it opens with Ann McDermott on June 26, 2011, and is free to the community. She said this concert will be a good test for this program. She said summer is a completely different animal from winter. It is very clear there are many different user groups. She asked to keep in mind that Bravo! only has 18 nights and the concerts begin right at 6 p.m. She said most of the overflow days are due to free events that don't have structured parking such as the Farmer's Market. She stated their organization has already mailed Bravo! tickets to over 1,000 people so far with the emphasis of free parking at the VTC. They will include information on their website and research the parking on the town's website. Staffing to greet guests and make sure the variable message signs VMS) are working is crucial. Educating the guests to park at the VTC and LTC and then Ford Park is critical as well. a Newbury said the town can educate guests to use the express buses. Daly said a majority of Bravo! patrons are less mobile and the need for paid, close -in parking becomes critical. Reid - White said ADA parking spaces are in more demand. The town's ADA parking meets and exceeds the federal requirements. She said Bravo patron parking has been a very valuable fundraising tool. Valet parking is a possibility, if they can do 100 cars in 15 minutes. Cleveland asked if Bravo! had looked at using Manor Vail paid parking. Reid -White said the complaints are about crossing the wooden bridge into the lower bench of Ford Park. Their guests feel it is Town Council Meeting Minutes for May 17, 2011 Page 7 i a little bit farther than from the upper bench of Ford Park. The path/road going down into the lower bench has traffic on the path and access to the upper bench is important to them. She said there are three six - passenger carts in operation at the Ford Amphitheater. Jim Lamont, with the Vail Homeowners Association (VHA), said this is a complicated subject. He said the VHA does not favor Frontage Road parking as parking on the street has never been l a permanent solution for this community. Secondly, this Council has spent hours more than other Councils researching and analyzing the parking issues. Seeing the Council winnow down to a series of approaches was very pragmatic and realistic to attain solutions. His said this solution has long term merit. He said an investment in the infrastructure, expansion of the I' number of carts, places to turn around for buses, and groups of people standing around need to be addressed. Council needs to keep the community's feet to fire to have appropriate issues addressed but they also need to give some time and latitude to give people time to change. Daly suggested tabling this item to the next meeting and direct staff to meet and work through s,' details with additional community input. He said guest drop off and pickup at Ford Park needs f to be available. At the same time, the town needs to accommodate existing parking and have bus movement through there with ease. He stated five minute intervals is a good place to start and to look at the level of guest service staffing and bus crossover going westbound. Newbury said she was not in favor of tabling this item. Tjossem said tabling this item will put it further behind schedule and the town would lose testing this plan out at the Teva Mountain Games.1: During the testing phase, keep announcing at the concerts to make sure the audience 1 understands the parking plan. Rogers stated that the Teva Mountain Games are not being held in Ford Park and is not a good test date. She said focusing on improving the guest experience is a key element. She said if K this is going to make it more difficult for guests and diminish the value of Bravo!, she is not in favor of doing it. She said guests really need safe, secure bicycle parking as part of the plan. Daly suggested Council make the decision to park on the Frontage Road if there are 400 people waiting for a bus. He said the town needs to be able to take corrective action immediately as a t back up plan. Newbury stated the town needs to have someone at the entry of the parking structures to tell people where the bus stop is and a community host to tell people the time of when the bus is coming. Cleveland is optimistic that people will adapt. Council was in favor of servicing the summer guests by using the five - minute interval bus service. i, The twelfth item on the agenda was Resolution No. 10, Series of 2011, A Resolution Authorizing the Town Manager to sign a contractual agreement for pre - development services with Triumph Development LLC, to formulate potential cost and financial altematives and create a conceptual development program for the redevelopment of the Town of Vail municipal office site, located at 75 South Frontage Road, in cooperation with the Vail Valley Medical Center, The Steadman- Philippon Research Institute and the Steadman Clinic; and setting forth details in I regard thereto. Zemler stated the town has been in discussions with the Steadman - Philippon group for several months. George Ruther, Community Development Director, stated the Council has before them E Resolution No. 10, Series of 2011, a Resolution Authorizing the Town Manager to sign a contractual agreement for pre - development services with Triumph Development LLC, to formulate potential cost and financial altematives and create a conceptual development i 1 Town Council Meeting Minutes for May 17, 2011 Page 8 i at i i l i i I K ' program for the redevelopment of the Town of Vail municipal office site. The town's obligation is one third of the expenses or approximately $33,000. $15,000 has been spent to date on a massing model and other site feasibilities. The next step is how to work on the program and go forward with a deal. i ` On May 3, 2011, representatives from the Vail Valley Medical Center, the Steadman Hawkins t Clinic and the Steadman - Philippon Research Institute made a presentation to the Vail Town Council on plans to build a new world class medical facility in Vail. In doing so, the group seeks i to form a public /private partnership with the Town of Vail to explore opportunities for constructing a new medical facility and municipal office complex on town owned land. The first step in exploring this opportunity is to enter into a contract for pre - development services to determine the feasibility of developing this partnership. I There was no public comment. Daly supports a three -way sharing of costs. Rogers is also in support. Cleveland said there isn't any intent to have any funds from the conference center funds as a part of this proposal. Mark Prisant, Chief Financial Officer of the Steadman institute, thought if a conference center is I built it would be great to consider the facility for hosting medical conferences. Newbury made a motion to enter into a contract for pre - development services to determine the 1 feasibility of developing the partnership, the motion was seconded by Rogers. A vote was taken and the motion passed, 6 -0. The thirteenth item on the agenda was a discussion to award the streetscape design contract for East Lionshead Plaza and Concert Hall Plaza projects. i Todd Oppenheimer, Vail's Landscape Architect, stated a Request for Proposal for streetscape L design services for the East Lionshead and Concert Hall Plaza was released on February 24,t 2011. Thirteen firms responded with proposals. The proposal submitted by Mary Hart Design,I LLC, in the amount of $174,730, was determined to be the most favorable to the town. They were selected due to their involvement with the Welcome Center project. And it was important k to have continuity, as well, as this firm was one of the lowest because they don't have to go back and reinvent the wheel on the project. The cost was also less than the original cost 1 estimate. Mary Hart, with Mary Hart Design, LLC said thank you for awarding the contract to her firm and stated she has worked with the Welcome Center team and will have some of the same team members working on this project. Cleveland asked about the scope of work. Oppenheimer said they will be executing the final design concept to balance the hard scape and soft scape areas, including sprucing up the Concert Hall Plaza area and work that was built by 4240. The goal is so people don't go down the bus lane and to bring the pedestrian part of Lionshead to the east of Lionshead Circle. Daly asked if there was a mathematical error as the cost doesn't add up. Oppenheimer stated i there is a column missing on the documentation and there is an irrigation consultant cost that is missing. He said the correct cost is $174,730.fI Town Council Meeting Minutes for May 17, 2011 Page 9 1 I t F I ggb t gig S Ipy . S Daly made a motion to approve the design contract for streetscape design services for the East Lionshead and Concert Hall Plaza project to Mary Hart Design, LLC in the amount of $174,730, and approve the IGA, and authorize the Town Manager to sign and enter into an IGA with Mary t ° Hart Design, LLC in a form approved by the Town Attorney, and the motion was seconded by Rogers. A vote was taken and the motion passed, 6 -0. The fourteenth item on the agenda was a request to proceed through the development review process with a proposal to re- construct and maintain existing private improvements (stairs and deck) on the Town of Vail owned Gore Creek stream tract, Tract A, Vail Village Filing 5, generally located adjacent to the Vail Trails East Condominiums at 433 Gore Creek Drive, and setting forth details in regard thereto. George Ruther, Community Development Director, said the Town of Vail development review process requires all applications to have the authorization of the property owner. Since the subject private improvements are located on Town of Vail owned property, the applicant must obtain the Council's, as the town's representative, authorization before proceeding with applications to re- construct and maintain the existing stairs and portions of the deck. He said the applicant's representative, Steve Riden, Architect, had been called out of town and requests that the Vail Town Council grant a continuance of this request to the June 7, 2011, public hearing. Rogers made a motion to continue this item to the June 7, 2011, public hearing, and the motion was seconded by Donovan. A vote was taken and the motion passed, 6 -0. The fifteenth item on the agenda was a continuance of the Ever Vail project discussion. This session will focus on addressing the public parking needs of the West Lionshead area and the 400 public parking space recommendation identified in the Master Plan. Town Staff has identified five policy questions that must be answered by the Vail Town Council in order to continue forward with the review of Resolution No. 6, Series of 2011. George Ruther stated the last meeting focused on the parking plan for Ever Vail. The t discussion was specifically regarding Chapter 4 of the Master Plan for the entire Lionshead study area and parking policies in the Master Plan. Ruther reminded the Council that each application will be reviewed in a logical progression and a final vote on all five applications will considered at the end all the presentations. There are five policy questions that the town staff wanted discussed. There was a PowerPoint presentation and discussion on parking spaces needed at Ever Vail and Lionshead. The memorandum stated that a total of 1,000 parking spaces will be needed; 700 are needed West of Vail Road and 300 spaces are needed East of Vail Road. Dominic Mauriello, with Mauriello Planning Consultants, and the applicant's representative, stated the greatest number of skiers access Vail mountain east of Vail Road. He asked for policy direction on the 700 spaces west of Vail Road and if that was the appropriate number. Ruther stated yes, 700 is the appropriate number needed and of the 700 spaces, 400 spaces are proposed in Ever Vail. Based on staffs review of the Lionshead Master Plan, there may be more appropriate places to site 400 parking spaces in Lionshead. There are many opportunities to be explored over the coming months. Town Council Meeting Minutes for May 17, 2011 Page 10 t I ` k i k F i Mauriello said the applicant has submitted a conditional use permit for Planning and E? Environmental Commission (PEC) review and asked the Council to let PEC determine the appropriate number of parking spaces for a gondola.t Further discussion ensued. Rogers wanted to make sure there is a clarifying statement that bullet point #4 is in addition to the 400 spaces required. Daly said based on the transportation t master plan from five to seven years ago, they are now looking at needs for the next three to five years. Ruther said yes the clock is ticking. Cleveland said the 400 parking spaces meet i the demand currently and he is supportive at looking at possibilities of relocating the parking requirements to other areas. He said it was the applicant's responsibility to abide by the town code and allow the PEC to determine the parking requirements. He said everybody needs to play by the same rules and the current system works well. 1 Jim Lamont, Vail Homeowners Association (VHA), said he finds it a bit odd how Council is a approaching this topic. He said another school of thought is it appears that when there is a I portal, the forest service made the call. Now the town and VRI are in the determination R business. Now he sees the town saying to VRI via the master plan, we don't want that many people parking there. Move some of those spaces to other places. He asked where the money t comes from to build on the Lionshead Parking structure or the Vail Village structure if we don't want them to build at Ever Vail. If VRI wants to pay for more parking, they can. The town should tell them where that could be. He said it was unfair to agree to a certain number of i parking spaces now and then the town changes the amount of parking needed later. He said it the town needs to define the number of spaces needed now and ask Ever Vail to add more 1 transportation between all the villages of Vail. He said there needs to be a compromise in this area. WE need to find different ways to fund what the town needs.t f i Alex Iskendarian, representative of VRI, said a lot of communication has been done over the last week. He said parking is a big issue and from his perspective, the master plan says 400 parking spaces are needed to be built at Ever Vail and those 400 spaces accommodate the deficit. He said the transportation plan says something similar. He said the applicant has I worked over the years to bring the Ever Vail project to the Council that complies with the master plan. These are decisions made with lots of discussion to create a plan that complies with the master plan. He is concerned that now the applicant is hearing a different number of spaces that l may be required that is not part of the master plan. The applicant needs to get direction from 1 what the town wants through the planning process and documents and currently it states Ever Vail needs 400 parking spaces. He said the town and Ever Vail need to be partners in this and I work collaboratively. If these discussions and the master plan say 400 parking spaces are required, then that is what it is. He doesn't want to hear there are 400 spaces plus whatever the Council says in the future. He said there is a fundamental fairness issue. How can the applicant move some or all of the parking spaces without knowing where to move it.i Tjossem said there is a process and the PEC will be presented with a plan. She said it's the PEC's job to review the plans presented and determine if 400 parking spaces are correct. Newbury said all conditional use permits have to go through PEC. It is the applicant's job to I discuss the master plan at PEC and discuss the 400 spaces with PEC. She said parking has i always has been part of the Conditional Use process with PEC. i t Town Council Meeting Minutes for May 17, 2011 Page 11 t t i 4 i 1 i 1 t I Tjossem said Council can't give the applicant guarantees until they go through the process. Rogers said the master plan has some inconsistencies. She said there are two different parts of I the master plan that affect this project. She supports the recommendations from staff. She stated every applicant has to abide by the same process and rules. She is in favor of directing staff in pursuing the four bullet points as recommended and clarified that bullet points number 2 and 4 are not in conflict. Let the PEC determine if more parking spaces are required above the 400 spaces.i I 1 Iskendarian said he wants to get to the long term discussion and he doesn't know how they can get there. He asked if they can go to the PEC with a Conditional Use permit now. Rogers said unfortunately it doesn't work that way as there is no way to determine the answer for this as there is no zoning for the project now. Ruther said they haven't gone through all the recommendations of the entire application. He stated the changes in Chapter Four are minor and are for clarification. He said each time they will present the Council with more information and make some significant changes. Other items will be only for clarification. Daly said there is a way to address this issue. He said it would be t for VRI and the town to sit down and change the transportation plan specifically that changes the long term strategic plan and new base access lift. The process could address long term issues and near term satisfaction for VRI with immediate parking needs. Ruther said that could be done. Iskendarian said his goal was to have certainty on the number of parking spaces that Iwillberequired, here and now, and what Daly proposes doesn't allow for certainty either way. I Zemler asked Council if they want staff to research other ways to address this issue. Mauriello said the policy the PEC has recommended is 400 spaces. He doesn't see why as an applicant, he can't ask for a recommendation. I Cleveland asked for a show of hands from the Council on who supports the four recommendations by staff. All six members approved staff recommendations and to pursue the Itfourbulletpointsasrecommended. Mauriello said they know what type of lift would be at Ever Vail and one of the documents the PEC reviews is the master plan. Donovan made a suggestion to leave the expertise on the lift to the experts. Zemler said staff is comfortable with that suggestion.t r Donovan made a motion to continue all the public hearings on the request for the Major Amendment, Ordinance Nos. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011, to the June 7, 2011, public hearing; and the motion was seconded by Daly. A vote was taken and the motion passed, 6 -0. The sixteenth item on the agenda was adjournment. Newbury made a motion to adjourn the meeting; and the motion was seconded by Donovan. A 1 vote was taken and the motion passed unanimously, 6 -0. The meeting adjourned at 8:30 p.m.I. I I Respectfully submitted, I Town Council Meeting Minutes for May 17, 2011 Page 12 l l i 1 I i i i 1 I p i SE A f Ii0 i el .I It , i . I, a••••Dick Clevela s yor Attest: 4.1,, a or- -i , 4 naldson, Town Clerk 4 i I I I I 1 t I t 1 I I I 1 ` i 1 Ir i 1 t 1 1 I 1 1 Town Council Meeting Minutes for May 17, 2011 Page 13 1 I f 1 i i Vail Town Council Meeting Minutes Tuesday, June 7, 2011 2:30 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 2:30 P.M. by Mayor Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kim Newbury Margaret Rogers Susie Tjossem oKevinFoley Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was the Consent Agenda: t Judy Camp, Finance Director, reviewed the 2012 Budget Timetable and Philosophy with the Town Council. z Daly said Council should be given the guidelines to review before they are handed out to staff on June 9 He said Council should discuss compensation before staff budgets for it.o 1 oCampsaidthisisamorebroad -based budget guideline for staff. She said this does not include compensation guidelines. This document is for staff to work department budgets for 2012. Zemler agreed. Daly stated the other item he wanted to discuss is a review of the Vail LocalYaoca Marketing District (VLMD) board 2012 budget and the Commission on Special Events (CSE) 2012 budget at the same time. Zemler said the CSE budget should continue to be part of the general fund budget discussion. The VLMD budget is a separate board budget. He said 1 the town can try to parallel both budgets after the discussion on the general fund budget. 1 Cleveland said the 2011 -2012 Parking Task Force language needs to be taken out. Camp said staff will make that change. Town of Vail Council Minutes of June 7, 2011 Page 1 4 1 t fyy I t l The second item on the agenda was the Town Manager Report. Judy Camp, Finance Director, presented the March Revenue Highlights to Council. She stated the estimated sales tax for April 2011 was $1,184,449, up 4.4% from budget and 2.4% from last year. She said the ski season (November - April) is up 11.3% from the prior year and inflation was up 3.2% in April, as measured by the consumer price index. She also stated the Real Estate Transfer Tax (RETT) collections through May totaled 1,982,842, down 7.6% from last year. The annual budgeted revenue of $4.7 million is a 32% decrease from 2010 collections. Approximately $938,930 or 47.3% is from major redevelopment projects; $1,043.912 or down 9.0 %, is not related to major redevelopment projects from this time last year. Across all funds and revenue accounts through May, 2011, a total revenue of $25.9 million is up 1.2% year -to -date from this time last year and up 3.5% from the budget. Currently, the town has received 48% of the total budgeted revenues for the year. Foley requested an update on Use Tax collections. Camp said she will check on this and e-mail the information to Council. The third item on the agenda was Resolution No. 11, Series of 2011; the acceptance of the donation of Glen Lyon Subdivision Tract H. George Ruther, Community Development Director, stated the owner of Glen Lyon Subdivision Tract H (the "Property") would like to donate the property to the Town of Vail. Passage of Resolution No 11 would authorize the Town Manager to execute, on behalf of the town, an agreement to accept the property as part of the Town's open space inventory. Daly made a motion to approve Resolution No 11 and accept the donation of Glen Lyon Subdivision Tract H; and the motion was seconded by Rogers. A vote was taken and the motion passed, 7 -0. The fourth item on the agenda was second reading of Ordinance No 13, Series of 2011, an ordinance defining Electronic Personal Assistive Mobility Device ( "EPAMD "); and establishing regulations regarding the operation of such devices in the Town of Vail; and setting forth details in regard thereto. Matt Mire, Town Attorney, said Electronic Personal Assistive Mobility Devices ( "EPAMD ") had been operating in the town on a trial basis since June of 2009, and the Council now wishes to permit the operation of EPAMD'S on a permanent basis. Pursuant to Colorado law this Ordinance is required to permit the operation of EPAMD's over and upon the Town's recreation paths. The place in the code for this device is in the model traffic code section of the Code. Town of Vail Council Minutes of June 7, 2011 Page 2 1 I Daly made a motion to approve second reading of Ordinance No. 13, Series of 2011,I and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. The fifth item on the agenda was an update on the Premier Impressions Program. 1 Rich Ten Braak, President of the Vail Chamber & Business Association (VCBA) gave an t update on Premier Impressions program for 2010 -2011 winter season. He stated this program is a town -wide customer service program. They had 234 nominations this year and culled down the applications to 102 nominations that showed exemplary customer service. He said these nominations represented the cream of the crop of people that provide customer service in town. He asked if Council wanted to expand the program and make it a six month program. He stated the town contributes $10,000; Vail Resorts contributes $15,000; and the VCBA contributes $5,000 to this program.f 1 Daly said he supports extending the program into the summer months, July and August and starting in December and going through March. Rogers said she wanted to see the program expanded if the cost is justifiable. She stated she wanted to see an increase in nominations but not necessarily an increase of the prizes or compensation.I Ten Braak said only one gift card is given out per person no matter how many times they are nominated. They are recognized in the newspaper each time but only get one gift card.i Cleveland said he would like to see the cost of expanding the program to July, August, and December. Ten Braak said he will look at the numbers and get back to Council. He said the VCBA appreciates the support the Council has given this program through the years.t t The sixth item on the agenda was a presentation of the 2010 audited financial statements by Michael Jenkins, with McMahan and Associates, LLC. 1 t Judy Camp, Finance Director, stated in accordance with section 9.11 of the Vail Town Charter, an independent audit shall be made of all town accounts at least annually. The audit is conducted by certified public accountants and copies are available for public inspection at the municipal building. The 2010 audit was conducted by McMahan and Associates, LLC. Michael Jenkins, C.A, CPA, and a principal of the firm, presented the results of the audit to Council and the public. Sandra Norikane, Senior Auditor, was also present. Jenkins stated the town received the cleanest and highest audit available in the industry. The 2010 report includes audit reports on the town's use of reporting and was compliant in all areas. k Town of Vail Council Minutes of June 7, 2011 Page 3 i I He said the total assets, substantial cash at end of year and the statement of activities, increased $13.9 million or 9% from the prior year The short term perspective, net increase in fund balances of $22 million, was due to the bonds. Since the town is dependent on various distributions of revenues, expenses and expenditures, capital expenditures for the West Vail fire station and the transit center were included. Budget comparisons in the general fund, expenditures, the capital projects fund, revenues, and the RETT fund showed increases were much stronger than 2009. He said the over all fiscal health of the town and general trend are positive. He stated the town has historically budgeted conservatively and was aggressive in cutting costs. The town has a relatively small debt load compared to its size and other municipalities. Timber Ridge benefited from low interest rates in the past couple of years. As part of the process, they look at accounting controls and business operations of the town. They feel the town's business operations are sound and the town has good people in all departments. Good business decisions are being made, with the policies consistent and conservative. He said they can't ask for better than that. Rogers said she would like to see a report like this every year. Jim Lamont, representing the Vail Homeowners Association, asked about total revenues, and how much do the parking revenues make up the general sales tax category revenue. He said a research project from California had some real world comparisons from Aspen, Telluride and Vail and these are the best well run. Camp said last year parking was $5 million or 9% of all funds. Cleveland said staff should be commended and he gave credit to staff and Zemler for the great report and the way the town's finances are handled. Camp said Zemler will be serving staff cake to thank them for a job well done. The seventh item on the agenda was a request to proceed through the development review process with a proposal to re- construct and maintain existing private improvements (stairs and deck) on the Town of Vail owned Gore Creek stream tract, Tract A, Vail Village Filing 5, generally located adjacent to the Vail Trails East Condominiums at 433 Gore Creek Drive. Bill Gibson, Planner, said the Town of Vail development review process requires all applications to have the authorization of the property owner. Since the subject private improvements are located on Town of Vail owned property, the applicant must obtain the Vail Town Council's property owner authorization before proceeding with applications to re- construct and maintain the existing stairs and portions of the deck. This property was built in 1964 and was under Eagle County jurisdiction at that time. There is evidence that the stairs have been in since 1984. Gibson said there was no record that the subject stairs or deck were originally trconstructedwithpropertyownerapprovalfromeitherVailResortsortheTownofVail. Town of Vail Council Minutes of June 7, 2011 Page 4 Additionally, there is no record that the subject stairs or deck was originally constructed with development review approval from either Eagle County or the Town of Vail. He said on October 6, 2009, the Council directed staff to maintain a "zero tolerance" policy for allowing illegal private encroachments on town -owned stream tract lands. This policy was initiated to protect Vail's waterways and their surrounding riparian buffer zones, to provide public access to these recreational amenities and to prevent the privatization of public property. Based upon this policy direction, staff recommends the Council deny the applicant's requests. Steven Riden, Architect, the applicant's representative, stated the applicant was requesting Council approve or approve with conditions, the request for property owner authorization to proceed through the town's development review process. Riden said the applicant's respect the stream tract guidelines. The condominium declarations that existed signed off the rights at the east end of the unit and it is a common element. Since 1964, Unit 16B has always accessed their unit from the back door by the creek. On the original architectural plans, there were stairs that were allowed in 1964. However the unit has been remodeled and does not have stairs to 16B. There had been a dirt path. In 1964, it wasn't necessary to produce a site plan. When it was platted, it has had this shape since 1965. Some time before 1980 -81, the pathway was improved and maintained. There was no requirement to supply documentation to provide for improvements; however, it is on a plat dated 1991. There is a right -of -way easement for the front of the property but not the back. This presents an opportunity to enhance the property to have access by the public. As time passes, this is one of the oldest properties in town and this structure will have to be re -built in the future and at that time it could be restructured. Daly said he is in favor of going through the process but wants the walkway as close to the building as possible. Rogers made a motion to approve the request to proceed through the development review process and get Design Review Board approval and enter into an agreement; and the motion was seconded by Foley. Additional discussion ensued. Daly was not in favor of the deck as was presented as it was too big. Newbury said she would be more inclined to approve it if they didn't go into the stream tract. Daly, Donovan and Newbury agreed. Rogers modified her motion to include the project be as minimal as reasonable. Foley seconded the motion, the motion passed 7 -0. The eighth item on the agenda was a request to proceed through the development review process with a proposal to re- construct, snow melt, and maintain stairs in the Lionshead mall adjacent to Billy's Island Grill, located at Tract C, Lionshead, 6th Filing. Bill Gibson, Planner, said the Town of Vail development review process requires all Town of Vail Council Minutes of June 7, 2011 Page 5 6 applications to have the authorization of the property owner. Since the subject private improvements are located on Town of Vail owned property, the applicant must obtain the Council's property owner authorization before proceeding with applications to re- construct the subject stairs. This connects the deck to the mall. Mark Hallenbeck, Rocky Mountain Construction Group, said on behalf of the property owner, he requested the Council approve the property owner authorization to proceed through the Town's development review process. The stairs have been very unsafe and they want to improve the condition of the stairs. Cleveland asked if the existing rock veneer will be tied to the stairs. Hallenbeck said the railings will be tied in but not the stone. Cleveland said it will be up to the Design Review Board to address. Newbury made a motion to approve; and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 7 -0. The ninth item on the agenda was a discussion of the final, revised Town of Vail Facility -Wide Energy Conservation Project Kristen Bertuglia, requested the Council provide feedback on the answers to questions posed at the April 19, 2011, Council work session regarding the energy conservation measures proposed within the Facility Wide Energy Conservation Project, and to provide direction to staff on whether to proceed to contract with Johnson Controls Inc., for the project as written, proceed with modifications, or not to proceed. oBertugliasaidbuildingsarethelargestsource (71%) of the Town's energy consumption and greenhouse gas emissions, contributing over 8,400 tons of carbon dioxide (CO2) into the atmosphere in 2006 (GHG emissions as of 2009 were 9,497 tons CO2 for the facilities included in this project). Therefore, in effort to achieve the Town of Vail's stated sustainability goal of reducing energy consumption and greenhouse gas emissions by 20% by 2020, the Town of Vail contracted with Johnson Controls, Inc., an Energy Services Company (ESCO) in December, 2010, to perform energy audits on all Town -owned facilities and to create a detailed energy efficiency implementation plan, or performance contract," to guide the Town in selecting priority upgrades to individual building systems. The goal was to achieve as close to a 20% reduction in energy consumption and greenhouse gas (GHG) emissions as possible, while achieving a payback period of 15 years for the overall project. Further background information on the project process may be found in the Attachment A. The final project provides a 15 year payback and a 12% reduction in overall energy and greenhouse gas emissions, and was presented to the Council at the April 19th, 2011 work session. At that time the Council posed the following questions: Town of Vail Council Minutes of June 7, 2011 Page 6 i 1 l 1. Which energy improvement measures are included at each site, and what is the cost, greenhouse gas emissions savings, and operational savings breakdown ?' 2. How were projects bid, and what is the contractor selection process? 3. If the project provides a 12% reduction in energy and greenhouse gas emissions overall, how will the Town address the remaining 8 %? 4. What is the Johnson Controls fee percentage breakdown? Bertuglia reviewed each question and answer with the Council from the memorandum. She said the final project is a $3.2 million investment in the Town's facilities, with a 15- year payback, providing over $2.8 million in energy savings and $258,000 in operations and maintenance savings over the life of the term. When the list of sites was reviewed,Ithefirestation, community development building and the municipal building were taken out.I i Rogers asked if we could ask private properties to participate with us. Kristen said last year the town helped with energy rebates with the community and that may be a possibility and she will look into it Daly said a fifteen year payback is terrible and wanted to know where this figure came from Bertuglia said there is a typical 15 -20 year payback. Dennis Haslack, with Johnson Controls, said 15 -20 years is an average payback with the town's goal of a 15- year payback. $3 million was the figure they came up with for a 15 -year payback. Daly said the Lionshead Transportation Center has minimal payback. Haslack said the true t. return is about $250,000. Greg Hall said staff looked at all energy projects in the town offices. He said there were guest enhancement features, how often to maintain projects, consistent fixtures, and they were conservative on the utility side at 3% per year He said currently Holy Cross is contemplating 6 %. Additional discussion ensued. Cleveland asked what the implementation period would be for this project. Haslack stated it is currently a 10 -month time frame from start to finish. Hall said a big part of I this is budgeted in operational expenses. Capital funds, Real Estate Transfer Tax, reserves and general fund will be used I Rogers said she is in favor of this project as this is more than dollars and sense. It's making an investment in our environment. She said staff has done a good job in q cutting the projects and costs to make this work. She said the Council needs to take a t' community leadership role and bite the bullet. She said staff has done an excellent job. 1 Rogers made a motion to move forward with this project; and the motion was seconded by Newbury. Daly agreed staff has done a great job. He said other commitments include accountability and fiscal responsibility. He said this project doesn't make business sense. He suggested reducing the scope of the projects to have a 10 -year t s Town of Vail Council Minutes of June 7, 2011 Page 7 t i payback and not to do the marginal projects. He wanted the Lionshead Parking Structure taken out of the mix. Tjossem said one of the things looked at were safety of the guests at the structures. Hall said the energy savings were not just for savings in Lionshead; it includes safety issues as well. Newbury said it is a guest enhancement for lighting and energy savings as well. Zemler said if a departure from bundling was the way the Council wanted to go then this was a great departure from how this project has been handled the last two years. Tjossem said if the Council wants to pick which projects get approved, this is very different from what had been asked. She said the bundling was going to unravel and the costs would go up. 1 Hall said they looked at projects that were high impact and high visibility on the list and that's why the Lionshead Parking Structure is on the list. He said staff and Johnson controls really scrutinized the projects. Cleveland asked for public comment. There was no public comment. Rogers made a motion to proceed to contract with Johnson Controls Inc., to complete the facility wide energy conservation project as the current, revised contract as written and the motion was seconded by Newbury. A vote was taken and passed 5 -2, with Daly and Tjossem opposed. The tenth item on the agenda was a dinner break which was taken at 4:35 p.m. The Evening Council meeting resumed at 6:00 p.m. The eleventh item on the agenda was Citizen Participation. There was no public comment. The twelvth item on the agenda was the 2011 Vail Youth Recognition Award Presentations. Scott O'Connell, representing Vail Valley Exchange, stated he is presenting the 2011 Vail Youth Recognition Awards to Kendall Deighan from Vail Mountain School and Jessica Law from Battle Mountain High School. He stated the criteria for which the students qualified. He congratulated each student and presented the 2011 awards to Deighan and Law, which included a $1,000 scholarship check each Town of Vail Council Minutes of June 7, 2011 Page 8 X` The thirteenth item on the agenda was an update on the Forest Service Wildland Mitigation Projects. David Neely, District Ranger for the U.S. Forest Service /Eagle /Holy Cross Ranger District reviewed various projects in the Forest Service that are planned in areas adjacent to the Town of Vail. He said this was an opportunity for questions and clarifications from Council and the public. Red Sandstone is one of the busiest roads in the Forest Service areas in the country. It is important they go through and get rid of hazards along this road. The intention is to have operators progress up the road as the snow melts. They need to mobilize vehicles and equipment through town and up Red Sandstone Road. The trees will be "decked" up Muddy Pass Road and hauled out on that road and not through town. Road closures may not be extensive but they need to prioritize and be efficient and safe as possible. The Forest Service will keep in contact with the town so they can deal with any questions that may come up with the community and Council Donovan asked about signage lower on the road so guests know there may be four hour road closures. Neely said yes, they are planning on signage and the time frame may be Tess but they may need the whole four hours or regulate traffic with flaggers.99 ers. He said bicycle traffic will need to be out of that area Daly asked about what will be happening on Vail Mountain. Neely said there may be hazard mitigation on the mountain this summer. Vail Resorts has chosen to burn the materials instead of bringing it down the mountain. However, they may see two to three log trucks a day bringing out the materials, if it is worth it. The adventure zones on the mountain are the target zones. Daly asked about the removal of forest service offices at Dowd Junction and moving them to Eagle. Neely said these two places are in need of repair. The Forest ServiceYppSe hasn't made a decision of where to locate an Eagle /Holy Cross Ranger District. He said because of their spacial needs, Eagle is centrally located but it's further away from some constituents. Options include a competitive sale or direct sale. The have been in conversation with Eagle County and other organizations interested in the site and how to proceed. The timeframe for the decision is based on approval from the dept of agriculture before they can move forward. Environmental work will begin this summer. And they will have to have public comment. If the town was interested, it will be through a process. Neely also stated fire season has begun. Wild fires are part of the ecosystem. When the time comes, aggressive suppression and ecological systems will need to be taken into consideration as aggressive suppression doesn't always work and makes it difficult. Other areas will have to have values in place to decide whether to let the fire manage itself. Public safety and fire manager safety are issues so they do their job responsibly. Town of Vail Council Minutes of June 7, 2011 Page 9 4 1 He said managing a balanced program is their goal.ii Jim Lamont, representing the Vail Homeowners Association, said he wants the neighborhoods and associations to have a better opportunity to respond. Neely said the information is on the Forest Service website. If people want to be on their list for F information, they can sign up and get the information via email. He said whenever a notice of a hearing or process is forwarded to the town, Suzanne Silverthorne can then forward to the town's constituents. r 1 Rogers asked if they were going to diversify beyond lodgepole pines. Neely said they are working on adding and diversifying species mix and age mix of a variety of trees. Cleveland thanked Neely for his update. F The fourteenth item on the agenda was the proposed projects under consideration for 1 Conference Center funds.I Stan Zemler, Town Manager, requested Council provide direction regarding projects proposed for consideration on a November ballot for use of $9.4 million Conference Center funds. He said in April 2011, the Council directed the staff to begin preparing for a November 8, 2011, election to seek public approval for use of the Conference Center funds. In addition, Council requested additional input from the public and Council on the various projects that were proposed and return with a possible list of projects for the ballot. Council also directed that the ballot should include specific p projects that would be selected by Council. Staff returned with an update and recommendation of projects for consideration.' t Zemler said they had many opportunities to meet with various groups to get community feedback on the conference center funds. He said approximately 50 comments were collected. He said the town has been working with a consultant for over two years and they have done a great job in getting information gathered. He said there are Phase 1Y9J999 and Phase 2 stages of how to proceed. The golf course clubhouse garnered the most favorable votes and expansion of recreation fields received moderate support. Staff strongly recommends polling the public and wants clear direction from Council on which two to three projects should be included. At the Vail Golf Clubhouse, the remodel and addition of event space would be approximately $3.8 million; Ford Park tt Sports Complex includes expansion of athletic fields and additional bathroom facilities at a cost of $3.5 million; and the third project is the Ford Amphitheater remodel including 1 a stepped down lawn area, addition of a plaza and circulation /road improvements at 1 2.1 million.1? i I F i f t Town of Vail Council Minutes of June 7, 2011 Page 10 it i i i 1 The Ford Park sports complex had the most changes; creating two full length soccer fields and allows for full multi -use fields, with a snack bar or pavilion with a shaded area. This remodel also adds a storage facility and bathroom on the western edge of the field area and a new turf surface and irrigation for the whole area. Near the tennis courts, there is no grand entry or logical entry into the alpine gardens. There is a need to create an entry to the west of the tennis courts to the alpine gardens as well They shifted the fields north and added more garden area to buffer between the gardens and the softball fields. Access to all areas of the park are to make improvements and fulfills some of the components of the master plan, including loading area access and fixing the function of the park. The town staff would look to use capital and Real Estate Tax Transfer funds to fix these. The amphitheater is $2.1 million and is a bit short but the Vail Valley Foundation (WF) will match the $2.1 million in fundraising dollars. This funding would go to stepped down seating on the lawn, big television's in locations that people on the lawn could view better, new bathrooms, new concessions and new entry plaza. Zemler said the third component included an information center and guest services enhancement piece but they are not part of these discussions as they didn't get much synergy to them. Staff is working on revising the five -year capital plan and will move the information center into a higher priority category through that process. The k projects as proposed have a shortfall of $1.2 million for all three projects. Complementary projects include an alpine garden expansion and new entry, but they lose 19 parking spaces by including the addition. He said generating new economic activity would be the pavilion at the clubhouse. Jack Hunn, with the WF, said the lawn seating would not generate new heads in beds. However making the seats more comfortable and utilized better is a major goal.1 Newbury said she thinks they are diluting the funds. She wants to hear from the community to see if they want to take the amphitheater out of the mix and not lose the funds and add more dollars to the pavilion concept. Rogers was discouraged that there were a large percentage of comments from the community that they want to go slower. She wants to know if there should be an item on the ballot that can state the town save the money for a to -be- determined project in the future. She said because of lack of real enthusiasm for any of the projects, she doesn't want to lose the money because there isn't a consensus. She wants to give the public the ability to give the Council authority to keep the money until something better comes along. Zemler said the pollsters wouldn't be adverse to asking that question. He said this is a poll not a vote. Donovan said she has spoken to several community groups and constituencies and i there isn't a magic bullet or project out there that people said Vail needs. She said bringing up to par some of the town's assets with the renaissance is what is needed. t i t t Town of Vail Council Minutes of June 7, 2011 Page 11 t t i 1 Michael Cacioppo, stated this topic has been going on forever. He said the idea that the town lost the money for a conference center is disappointing. He said the original intent of the funds was for convention center, to get heads in beds and bring in money to support the economy. He said the golf course looks like a 1950's building and needs to be replaced. The pavilion makes sense, and the idea of adding to the fields to keep the events makes sense and keeps heads in beds. However, he had an objection to expanding the west side of the softball fields. He said it's 2011, the town has talked about this enough. Either refund the funds to the tax payers or spend it on two projects that will bring heads in beds. Cacioppo said the amphitheater doesn't fit the criteria of heads in beds. At this point, voters need to vote Alan Kosloff, Chairman of Bravo!Vail Valley Music Festival, stated the funds should be used to upgrade projects that have fallen lower than the quality of Vail's service. He said all three projects will put heads in beds. He thinks the amphitheater has a great impact as Bravo! brings in 60,000 guests each season to the amphitheater. The whole of the WF proposal has a lot of merit and making the Ford Amphitheater a world class experience is important. He encouraged the Council to move forward on all three of these projects. He said express buses need to be added to remove parking off the Frontage Road. Nicola Ripley from the Betty Ford Alpine Gardens (BFAG) is excited that Ford Park is getting attention and is delighted improvements to the gardens would be returned in spades to the visitors and make the gardens more of a destination to guests. She supports asking Council to move forward on getting the alpine gardens improved. Kaye Ferry, resident, stated she had asked at an earlier council meeting, if part of the funds could be used and keep the rest of the money for a future use Matt Mire said clarification on how the town would proceed with this request would be needed. Ferry said she thinks the golf course club house would win votes but she doesn't know if the amphitheater and softball fields would defeat the vote. She doesn't see the heads in bed goal being met at the amphitheater by terracing the lawn area. She thinks the ball fields is on the cusp and that the vote could go either way. They shouldn't be on the ballot if the town can keep the rest of the money for future use. Rich Ten Braak, with the Vail Chamber and Business Association (VCBA), stated the understanding at the time the conference center was voted, the lodging community was expecting the conference center to bring heads in beds in April, May, June, September and October time frames. They still have those missing five months of heads in beds. Zemler stated staff needs to do polling next. He asked Council if they wanted to test the three projects that have been discussed with the town voters. Cleveland said the guest services and information center is out of the consideration for the funds. He said Town of Vail Council Minutes of June 7, 2011 Page 12 1 1 I he supports the clubhouse and the sports complex expansion is important. He wants more clarification of what the amphitheater included. Hall said $2.1 million would include the entry area, tiering of the lawn, addition of big televisions and an east entry restroom. He said the east side loading cost is approximately $800,000 and is not part of the discussion. Cleveland said he is supportive of doing all three projects and they meet the general goals. He said nothing has come up in the last ten years and believes these three projects will sell and the community will understand. Tjossem said she agreesrees with Cleveland and said these are valuable assets and willJ keep heads in beds. They need to keep upgrading the town's assets. She said the Gore Range Pavilion, or whatever they name the pavilion at the golf clubhouse, will get new heads in beds. She encouraged the Council to go with the three projects. Rogers said she has always operated on information is power. She said they would be foolish not to have the question on the polling about what the community wants and to find out if the 5 community wants to hold on to the money. Daly said this has been a comprehensive process and gives him the confidence to move forward and do a poll and ask if the majority of the voters support theses three projects. He said the job of the Council is to t' take feedback and select projects that will have the most impact and be economically viable. He said the current golf clubhouse does not currently reflect Vail's goals and image. The fields will bring new groups and keep current event groups. He said it was important to improve the entrance into the alpine gardens. The tiering of the seating at the amphitheater will open up to more people and the addition of the audio /visual tt component will be dramatic. He is in favor of moving forward all three projects. Newbury said Ten Braak said the lodging community wanted more off shoulder events t and maybe the amphitheater could add more events in May, June and September. Foley said the clubhouse needs to be improved, as well as the amphitheater and all 4 three projects need to be polled. He also stated there should be no loss of parking. i Donovan said she Ford Park needs more refinement but to move forward with the three t' projects. Cleveland said adding buses may mitigate parking issues. Mike Ortiz, Director of the Vail Recreation District (VRD), added that their polling is E going to include a Nordic center, golf course clubhouse and pavilion. t Cleveland directed staff to add the three projects on the ballot. Rogers asked why a t poll was necessary if we are already saying these are the projects. Daly said if there are projects that may not make the whole ballot question pass, they need to know that. Zemler said they can ask their consultant how to ask the questions.i- 5 Town of Vail Council Minutes of June 7, 2011 Page 13 k t i 1 Rogers made a motion to move forward with a pollster; and the motion was seconded by Foley. A vote was taken, and passed 7 -0. A five minute break was taken at 8:05 p.m. The fifteenth item on the agenda was first Reading of Ordinance No 10, Series of 2011, amending 12 -13 -5: Employee Housing Deed Restriction Exchange Program, Vail Town Code, to allow for two new methods of exchange including a full fee -in -lieu option and a deed restriction relocation option. Nina Timm, Housing Coordinator, stated on February 3, 2011 an applicant asked for a fee in lieu. And at the March 1, 2011; and again at the April 12, 2011; Vail Local Housing Authority (VLHA) meetings the VLHA unanimously recommended adopting the proposed amendments to the Employee Housing Deed Restriction Exchange Program. At the April 25, 2011 Planning and Environmental Commission PEC) the PEC voted 6 -1 (Pratt) to forward a recommendation of approval on the proposed amendments to the Town of Vail's Employee Housing Deed Restriction Exchange Program. Staff requested the Council approve Ordinance No. 10, Series of 2011 on first reading. This request is to create a mitigation bank. Ordinance No 10 reflects the VLHA recommendations. She said the PEC met twice to discuss the amendments. A correction on the ordinance was pointed out to Timm to add "shall not" on page 3. This correction will be made before second reading. Rogers made a motion to approve Ordinance No. 10, Series of 2011 as read with one change on page 3 of the ordinance, number 4 to insert "shall not" be eligible, and the motion was seconded by Foley. Further discussion ensued. Craig Cohn owner of an Employee Housing Unit (EHU) property, said a lock off is attached to his home. He said he would like to relocate the EHU, as the EHU is 868 square feet and is not appropriate housing. He said the passage of this ordinance would give him incentive to relocate the EHU. Steve Lindstrom, a VLHA member, said the VLHA is in support of this ordinance. He said some housing has some old EHU requirements and the goal is to try to get these units occupied. Once a unit is deed restricted, the town doesn't care who owns it, as the deed restriction stays in the pool and that's what the VLHA is after. John Milligan stated he wants Council to support this ordinance as this is a more effective and efficient way to manage EHU's. He said the right of first refusal could be amended as this hinders the process and it should be removed. Timm said the first homeowner's association sued the town and the town won't work with association's that have a right of first refusal. Town of Vail Council Minutes of June 7, 2011 Page 14 1 A vote was taken and the motion passed, 7 -0, with changes as discussed.g I The sixteenth item on the agenda was a work session for the Ever Vail development and was focused on the provision of meeting spaces, employee housing, hot beds, and office space within the proposed Ever Vail development. The presentation intended to further the understanding of several elements of the Ever Vail development which are included in the proposed Resolution No 6, Series of 2011, amendments. Warren Campbell, Community Development, stated tonight the applicant is making a presentation and at the end the staff is asking to continue this item to the next meeting on June 21, 2011.gi Dominic Mauriello, representative for Vail Resorts, Inc. presented the Council with an overview of the meeting spaces, employee housing, hot beds and office space within the proposed Ever Vail development for Council and the public. 1 He said the meeting spaces included 9,807 square feet in two locations; 6,320 square feet in the hotel and 3,486 square feet in El, which also includes retail, restaurant and Fi condominiums on top. Both spaces will be managed by the hotel. They also did a sampling of other meeting spaces. Zoning requires a conditional use permit in the LMU -2 zone district for meeting space. The number of parking spaces required is 23. Ever Vail has 34,669 square feet of office space provided in three locations; El is 2,887 square feet; E2 is 1,900 square feet; and E5 is 29,882 square feet. None of the office space is allowed on the first floor. He said half of the office space would be occupied by Vail Resorts (VRI) and the other half by other businesses. There is a net increase of 4,846 square feet of office in Ever Vail. No net loss of office only applies in West Lionshead. Office space requires a conditional use permit in LMU -2, can't occupy space on the first floor and proposed amendments clarify the amount of office space required in the Ever Vail project. The office parking spaces requires 72 parking spaces, and net new employee housing requires 1,050 square feet for three employees. Regarding the hotels and hot beds, currently there are 102 hotel rooms: in E3 there are 56 rooms and E6 has 46 rooms. They did a hotel comparison with pure hotels, not counting condominiums like Manor Vail. Daly said the original survey stated there were 120 hotel rooms not 102. Mauriello said the last survey was based on 102 hotels. Rock Resorts added 29 lock off units, and there are 49 total for the project. He said lockoffs were added but not counted. This made up the difference with lockoff units. He said if you look at the entire project, Ever Vail will have 190 condominiums in the rental pool, 49 Iockoffs and 102 hotel rooms for a total of 341 rental rooms.3 Rogers wants to have more information on this at the next meeting. Newbury said they would like a poll from different projects with a mix that make up the comparison; i.e. Town of Vail Council Minutes of June 7, 2011 Page 15 i 21 g P hotels versus mix versus condominiums. Rogers asked if they will have to go through the VRI program or be able to go through other rental programs. Mauriello said he will have to verify and get back with Council. A hotel is a permitted use in the LMU -2 zone district, and proposed amendments to LHRMP identify a hotel as an appropriate use in Ever Vail. The parking requirement is 55 parking spaces and employee housing generates 71 employees at 20% mitigation rate or 14.2 employees housed in 4,970 square feet. He said live beds were summarized by hot beds, warm and cold beds. Hot beds were hotel rooms; warm beds were timeshare, fractional, short-term rental units; cold were whole ownership condos not in rental program. He said commercial linkage requires 67.53 employees to be housed (16,822 to 23,635 square feet) and the inclusionary requirement is 57,132 square feet of employee housing is required. In Ever Vail, on site employee housing is 41 employees or 49,659 square feet. Cleveland asked for clarification at the next meeting on what "on- site" means. Mauriello said off site requirements or allowance mitigation is allowed. This allows more employee housing upfront and off site when no housing is on a particular phase. Further discussion ensued regarding ownership and operation of the office spaces, discussion of no net loss in Lionshead as a whole and not just West Lionshead and the square footage requirement for employees and why there is a reduction of hotel rooms; what percentage of units in Lionshead are in rental programs and provide an analysis and include Manor Vail; what type of units, lockoffs or hotel rooms are most attractive to guests what numbers exist and occupancy numbers, any restrictions for owners in rental programs, provide background data on occupancy rates, and define on site versus off site with EHU's. Cleveland asked if office space is in three different buildings, how will phasing happen as it displaces VRI employees and when will they come on line; and will a proposed phasing program be in the plan. Missing components include retail space ownership, how much retail, phasing and what is anticipated for VRI ownership. Daly said guarantees for significant office space for other entities for perpetuity are needed and Council needs to understand how that breaks out. Foley asked Mire what the disclaimer means at the end of the document on page 26. Mire said this information is provided to build a framework only. The guarantees come from a developer improvement agreement and proposal at the time of submitting the plans. Newbury said they need to be careful to make sure there is no net loss of office space. At the end of the presentation, Warren Campbell, requested the Council continue the public hearing on the request for the Major Subdivision, Ordinance No 7, 8, and 9, Town of Vail Council Minutes of June 7, 2011 Page 16 1 1 1 1 t Series of 2011, and Resolution No 6, Series of 2011 to the June 21, 2011 public hearing. Daly made a motion to continue the public hearing of Ordinance Nos. 7, 8, ank9, and' Resolution No 6, Series of 2011 to the June 21, 2011, public hearing; the motibb was seconded by Donovan. A vote was taken and passed, unanimously, 7 -0. t George Ruther said all questions asked by Council will be responded to at the next meeting.1 The seventeenth item on the agenda was adjournment. t Foley Made a motion to adjourn the meeting; and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. The meeting adjourned at 9:17 p.m. Respectfully submitted,i 1 Sti"j "eN 9 , c . •••, ...• • Dick Cleveland, ayor P Attest: i El ij U- & U iir )1/4----1 Loiele' Donaldson, Town Clerk Q I t I t tt t 4F p1 i t Town of Vail Council Minutes of June 7, 2011 Page 17 L i 1 1 Vail Town Council Meeting Minutes Tuesday, June 21, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present:Dick Cleveland, Mayor Andy Daly Kerry Donovan Kim Newbury Margaret Rogers Susie Tjossem Kevin Foley Staff members:Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Matt, owner of Fuzzy Wigs Candy Store, said retail sales in Vail could be better in June. He would like to see more special events in May and June. He said Steamboat Springs and Aspen generate over $30 million in taxable sales in June and Vail does around $21 million. He would like to see more sports events and other community involvement events to get guests and community members to stay in town. Council invited him to participate in the Commission on Special Events. The second item on the agenda was the Consent Agenda. The consent agenda included approval of the May 3 and May 17th meeting minutes. Foley asked that the minutes be approved separately as he was not in attendance at the May 17 meeting. Newbury made a motion to approve the May 3r meeting minutes; and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7 -0. Newbury made a motion to approve the May 17 meeting minutes; and the motion was seconded by Rogers. Daly stated he wanted the minutes to reflect that the Council approved summer express bus service for events in five- minute intervals. A vote was taken and passed 6 -0 -1, with the correction. Foley abstained because he was not at the May 17, meeting. i The third item on the agenda was the Town Manager Report.1' Vail Town Council Meeting Minutes of June 21, 2011 Page 1 Greg Hall gave a report on the bus service during events. He said there was one complaint that there weren't available spaces at the parking structure but the guest didn't go down far enough into the parking structure. He said bike racks will be added near the Ford Park amphitheater next week. There was one day during the Teva Mountain Games where both structures filled and then parking spilled onto the Frontage Road. He stated staff has weekly meetings and they are coordinating the parking and event schedule and it's working well. The town is coordinating with Vail Resorts (VRI) to have the status of parking at Ford Park and the parking structures on their website by July 4 Donovan said the website explaining the summer parking changes was up quickly, the hosts were in place and said staff has done a fantastic job making the parking changes work. Hall said Suzanne Silverthorne did an incredible job handling the communications, website information and all the other media communications to make the transition and changes happen as easily as possible. Silverthorne said there is information on our website regarding the Fourth of July curfew regulations. She said Council needs to decide if they want to remove the curfew and /or do away with the special event district as well. Cleveland said the reason this item was called up was to remove the necessity of having checkpoints in Vail Village but if police presence is going to be there anyway, he said the Council should not do anything different. The Council did not want to have checkpoints or a curfew. Stan Zemler said there are about 700 people in town for the Colorado Municipal League (CML) conference this week. The fourth item on the agenda was the presentation of the award of a contract for replacement of the Aspen Court Recreation Path Bridge. Todd Oppenheimer, Town Landscape Architect, stated staff is requesting the Council to direct the town manager to enter into a contract for the replacement of the Aspen Court Recreation Path Bridge to Ted Seipel Construction, Inc., in the amount of $333,374.00. He said the Aspen Court Recreation Path Bridge was damaged by the record high water levels during the 2010 spring run off. The engineering firm of Martin and Martin was hired to design a new bridge. The plans and specifications for the new bridge were made available to bidders in May 2011, and the bids were opened on June 9, 2011. Four bidders responded and staff is recommending Ted Seipel Construction, Inc., as they were the low bidder and he has presented the necessary qualifications to complete the project. Daly asked what the time constraints are on this project and if this project could have begun in April. Oppenheimer said this couldn't be done in April as the Corps of Engineers try to avoid the rainbow and brown trout spawning period, hence the August 15 date. Cleveland asked if the staff was thorough and made sure these projects are submitted completely. Oppenheimer said staff waives irregularities and said this contractor is very familiar with this type of work. Oppenheimer said Vail has had very good success with this contractor. Vail Town Council Meeting Minutes of June 21, 2011 Page 2 1 Daly made a motion to award the contract and gave direction to the town manager to enter into a contract for the replacement of the Aspen Court Recreation Path Bridge to Ted Seipel Construction, Inc., in the amount of $333,374.00; and the motion was seconded by Rogers. A vote was taken and the motion passed 6 -1, Foley opposed. The fifth item on the agenda was second reading of Ordinance No 10, Series of 2011, amending 12 -13 -5: Employee Housing Deed Restriction Exchange Program, Vail Town Code, to allow for two new methods of exchange including a full fee -in -lieu option and a deed restriction relocation option. Nina Timm, Housing Coordinator, said at the March 1 and again at the April 12, 2011, Vail Local Housing Authority (VLHA) meetings, the VLHA unanimously recommended adopting the proposed amendments to the Employee Housing Deed Restriction Exchange Program. At the April 25, 2011, Planning and Environmental Commission (PEC) hearing, the PEC voted 6 -1 Pratt) to forward a recommendation of approval on the proposed amendments to the town's Employee Housing Deed Restriction Exchange Program. At the June 7, 2011, council meeting the Council voted 7 -0 to approve Ordinance No 10, Series of 2011, on first reading with the correction noted in new paragraph No 4. Timm stated the correction had been made for second reading. Rogers made a motion to approve second reading of Ordinance No 10, and the motion was seconded by Newbury. Foley asked if the town was going to announce this to the community. Timm said definitely. A vote was taken and the motion passed unanimously, 7 -0. The sixth item on the agenda was a discussion on the Ever Vail development project with a focus on providing answers to questions raised at the June 7, 2011, public hearing which focused on the provision of meeting space, employee housing, hot beds and office space within the proposed Ever Vail development. This memorandum is intended to further the understanding of these elements of the Ever Vail development which are included in the proposed Resolution No. 6, Series of 2011 amendments. Warren Campbell, Chief of Planning, stated the applicant and staff responded to the fifteen questions raised by Council in the attached memorandum. Campbell read and discussed each of the fifteen questions in the memorandum with Council. Further discussion ensued. Daly wants information on Arrabelle to address occupancy performance for hotel and condominiums. Campbell said staff will come back with additional data. Daly said the 2006 study needed to be updated and to get Vail Resorts (VRI) to provide numbers on Arrabelle and more research on Mtrip. Zemler wanted clarification on the 2006 study. Campbell said it was staff calling various hotel properties and asking questions. Allison Kent with Mauriello Consulting Group said they are not getting specific information from some properties as they don't want their information public. Kent said that 75% of condominiums were in a rental pool. Antlers has a high percentage of rental rates and the Marriott doesn't. RockResort history shows about 50% rentals. Vail Town Council Meeting Minutes of June 21, 2011 Page 3 i 1 6 a Campbell said staff will be back in front of Council on July 5 with setback, bulk and height information for discussion. Cleveland said he had concerns about retail spaces and if Ever Vail... " could have a couple of retail spaces that could be 'cost controlled' to allow new retail businesses to come in and allow them to succeed. Eric Perkins said his concerns are about the office spaces. He asked what happened to all the I office space that VRI had in Lionshead? He is also concerned about the foundation of the buildings in Ever Vail as some of the projects in Lionshead hit water when they were being built. Campbell said staff requests the Council continue the Major Subdivision, Ordinance Nos. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the July 5, 2011, public hearing. Newbury made a motion to continue all five applications to the July 5, 2011, public hearing; the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. The seventh item on the agenda was adjournment. IFoleymadeamotiontoadjourn, and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. The meeting was adjourned at 7:10 p.m. Respectfully submitted, C/et t of SV,Di Clevelan • vayor OLOR Attest: E t e Lordiei Donaldson, Town Clerk I I g< 1 i P t ri Vail Town Council Meeting Minutes of June 21, 2011 Page 4 1r r 1 Vail Town Council Meeting Minutes Tuesday, July 5, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kerry Donovan Margaret Rogers Kevin Foley Members Absent: Kim Newbury 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. John Giovando, Executive Director of Bravo! Vail Valley Music Festival (Bravo!), thanked the Council and community for all the support of Bravo! Ann -Marie McDermott, Artistic Director of Bravo!, also thanked everyone for their support and reviewed the events of the upcoming season. Chris Cremer, with Ski Haus Bridge Street, wanted the Council to consider allowing four - wheeled bike carts in the town of Vail. Martha Mellon, a representative of the Colorado Department of Transportation (CDOT), addressed the Council regarding the delays on I -70 and Vail Pass. She said CDOT is working during the daytime because of the lynx habitat issue. She said CDOT is aware this is causing major traffic delays. She stated there were two areas where CDOT is working on the road. They had linked both areas together and the long lane closures are difficult to manage. CDOT will be separating the two areas and go back to short lane closures in each area. Cleveland said he heard at different times, there was three miles of traffic backed up on the interstate. Nick Pols, a representative of American Civil Constructors (ACCT said 'when they consolidated to shorter one lane closures, it allowed traffic to go through better. ACC will monitor the traffic hourly. The delays are within a three -mile stretch of I -70 on Vail Pass. Cleveland said variable message signs (VMS) need to be in place to help the public know what is happening. He also stated the Cotrip.org website was currently not Vail Town Council Meeting Minutes of July 5, 2011 Page 1 posting these delays or any other traffic issues and requested they get this information on the website. Jodi Randall, with ACC, stated in September there will be full closures eastbound from one to two hours for paving. Then the westbound lanes of I -70 and Vail Pass work will also begin through September. ACC will be juggling work on both sides of the highway at the same time. ACC will do its best to work the traffic pattern as they see it on a daily basis. She said there is a new VMS sign on the westbound lane. ACC will require a full closure of the pass westbound at night. Their contract doesn't allow them to work past noon on Fridays. Jim Lamont, representing the Vail Homeowners Association, said if the delays continue to be this long, the business community will be very upset. Foley stated the Council sends their condolences to the Elliott family. The second item on the agenda was the recognition of Nancy Ricci, Eagle County School District. Cleveland said Ricci is a wonderful role model for the community. Foley read the proclamation recognizing Nancy Ricci into the record. Cleveland thanked her for all her leadership and efforts in the Vail community. Ricci thanked the Council for the recognition and the opportunity to serve the community, families and Council members that have gone through the doors of Red Sandstone Elementary School. She said she is honored to have served this community. The third item on the agenda was the consent agenda. Daly made a motion to approve the consent agenda which included the June 7, 2011, and June 21, 2011, meeting minutes with minor corrections. The motion was seconded by Foley. A vote was taken and the motion was approved unanimously, 5 -0. The fourth item on the agenda was the Town Manager's Report. Kathleen Halloran, Budget Manager, reviewed the Revenue Highlights with the Council. She stated upon receipt of all sales tax returns, May collections are estimated to be 471,581 up 11.8% from last year and 0.7% down from budget. Year to date collections of $10.4 million are up 10.4% from prior year and up 11.7% from budget. Inflation as measured by the consumer price index was up 3.6% in May. She said use tax collections as of June 28, 2011, total $304,996 compared with $574,843 at this time last year, down 46 %. The annual budget of $500,000 projected a decrease of 55 %. She stated the Real Estate Transfer Tax (RETT) collections through June 28 total 2,320,557, down 22% from this time last year. Annual budgeted revenue of $4.7 million is a 32% decrease from 2010 collections. Approximately $1,041,280 or 44% is Vail Town Council Meeting Minutes of July 5, 2011 Page 2 from major redevelopment projects including Arrabelle, Four Seasons, Landmark, Manor Vail, Mountain View, Ritz Carlton Residences, Solaris and The Sebastian. Collections not related to major redevelopment projects currently total $1,279,277, down 10.7% from this time last year. Dwight Henninger, Vail Police Chief, gave an update on the activities of the 4th of July special event. He said there were four arrests; two alcohol related and two assaults which happened after the fireworks on Sunday. Some of the bar owners said they missed having the special event curfew in place as it helped them deal with the large number of people coming into their businesses. He said he feels the event was successful but cautioned the Council to allow this ordinance and view the events on a case -by -case basis based on what days the holidays fall on the calendar (i.e., a Friday or Saturday holiday would be more of a concern). He said the typical holiday issues and arrests were less than in previous years due to the 4 being on a Monday. The fifth item on the agenda was first reading of Ordinance No. 14, Series of 2011, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund (RETT), and Marketing Fund of the 2011 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Kathleen Halloran, Budget Manager, said the budget expenditures will be adjusted with a $7.2 million increase across all funds and the majority is due to the continuation of capital projects. She said this ordinance would have to pass by a super majority. Council had clarification questions on various parts of the supplemental appropriations. Cleveland and Donovan expressed concerns that the adjacent parcel to Timber Ridge was being paid for out of RETT funds because there will be some mitigation done on the property for the Timber Ridge project. Foley wanted to have a discussion on what projects RETT funds can be used for at a future meeting. Zemler asked for a show of hands for those who wanted to have another discussion on RETT. All Council members except Rogers raised their hands. Ruther said the parcel immediately adjacent to Timber Ridge is designated open space. RETT has been used to purchase many parcels within town to mitigate hazard zones which are also designated open space. Daly said there are three requests for off -cycle contributions for events. Halloran said the Bravo! Vail Valley Music Festival (Bravo!) requested $25,000 for three additional concerts. Staff did not recommend funding it due to it not being an unforeseen event or circumstance. Cleveland said this request does not meet the off cycle funding and should have been part of their planning process. Daly agreed with Cleveland and stated these producers made conscious decisions hoping the Council would come up with more funding out of the regular cycle. Rogers said she disagreed and said the off - cycle funding requests were for opportunities that came up. Donovan said the funding should be an exceptional request. Neither the Bravo! or the Vail Symposium off -cycle Vail Town Council Meeting Minutes of July 5, 2011 Page 3 contribution request was supported by a majority of the Council. Foley said he agreed with Cleveland, Daly and Donovan and said the requests did no fit the off -cycle criteria. Rogers said the Vail Symposium funding should be funded out of the Vail Local Marketing District fund. Kathleen Halloran stated the Eagle River Watershed Council (ERWC), is asking for 3,500 for an intern for ten weeks. Melissa McDonald, executive director of the ERWC, stated the Water Quality Improvement Program is a $148,000 program. The ERWC was assigned public outreach. Rachel Rogers, a Vista volunteer /intern was hired, will be contacting the East Vail residents and find out how the land is being used by residents adjacent to Gore Creek. They will be asking what type of chemicals are being used, how the residents have kept or not kept the willows along the creek and what really is going on that affects Gore Creek. There is also someone who will be kayaking down Gore Creek and filming the area. She said the Eagle River Water and Sanitation District, Eagle County, the ERWC are participating and they also have a $50,000 grant from the State of Colorado. Daly asked how much Vail has contributed. Brandmeyer stated $50,000 was the annual contribution. Halloran stated an additional $20,000 was part of the first supplemental. Zemler said the town had previously told the ERWC if they needed additional funding, they needed to come back to Council. Now they are asking for additional funds for the intern. Rogers is concerned this ongoing project and enforcement of the stream tract program will be conflicting. She doesn't want the ERWC person giving out contrary information from the stream tract program the town is in the process of completing. Ruther reiterated these are two different and distinct projects. McDonald stated by taking action now and gathering information, this program will help keep Gore Creek from a "303d impaired" list and being downgraded from the Gold Medal status it has now. Ruther stated the $3,500 will allow the use of the intern for both the ERWC and the Town of Vail and will have action items and action steps to come up with best management practices for people adjacent to the creek. Daly had an objection to the results of the energy audit and stated there are a number of projects he objects to. The town is pursuing projects to improve the town's image as an environmentally sensitive community. Some projects are worth pursuing but some are not. The Vail Symposium funds were supported by staff. Cleveland asked why the VLMD isn't funding this request. He said this type of event is what the VLMD should be funding. Zemler said the VLMD has funding reserves for this project but they don't have a process for this. Rogers said she is in favor that the VLMD should fund the Vail Symposium and reimburse the general fund. Vail Town Council Meeting Minutes of July 5, 2011 Page 4 Rogers made a motion to approve Ordinance No. 14, Series of 2011, upon first reading with changes; 1) delete the additional funding for Bravo!; 2) amend the supplemental to state the VLMD will reimburse the general fund for the $8,500 for the Race Across the Sky and the health and wellness program for the Vail Symposium; and a clarification that $3,500 for the ERWC was still included in the supplemental. Foley seconded the motion. Daly asked the motion be amended as the percentages be 50/50 split so a super majority is not needed. Halloran said they could take that off and bring it back at second reading. Typically, sixty one percent goes to general fund and the rest to capital projects. Matt Mire, town attorney, said they could leave it out entirely and address this at second reading when the whole Council is in attendance. Halloran said everything would stay the same except the change to remove the revenue change until second reading. Rogers amended her motion to approve Ordinance No. 14, 2011 with the original modifications and dropping the revenue change until second reading; and Foley seconded the motion. A vote was taken, and the motion passed, 4 -1. Daly opposed. The sixth item on the agenda was first reading of Ordinance No. 15, Series of 2011, an ordinance amending Title 6, Chapter 5 "Special Event Designations ", of the Vail Town Code; and setting forth details in regard thereto. Matt Mire, Town Attorney, stated in June of 2001, the Council approved Ordinance 12, Series 2001, which provides for both a curfew and a special event district for July 4 and December 31 of each year for the purpose of "maintaining public peace and order during these two holiday celebrations." On June 21, 2011, the Council provided clear administrative direction to the town manager that the curfew and the special event district were not necessary for the town's 2011 Fourth of July celebration and, therefore, were not to be established or enforced. By this ordinance, the Council desires to ratify the administrative direction given to the Town Manager as it pertains to the town's July 4, 2011, celebration, and to provide certain clarifying amendments to the town code as they relate to special event designations. The ordinance memorializes and amends the code to allow Council to have discretion on this issue on a case -by- case basis. Dwight Henniger, Vail Police Chief, said he wanted the Council to pass the ordinance so they could monitor these events each year so they don't go back to what these events looked like in the past. Daly made a motion to approve Ordinance No. 15, Series of 2011, on first reading and the motion was seconded by Foley. A vote was taken and the motion passed, 5 -0. Vail Town Council Meeting Minutes of July 5, 2011 Page 5 The seventh item on the agenda was a work session regarding Ever Vail and focused on addressing several questions raised at the June 21, 2011, public hearing which focused on responding to questions from the previous meeting regarding the provision of meeting space, employee housing, hot beds and office space within the proposed Ever Vail development. Additionally, the applicant gave a presentation on the proposed Master Plan amendments regarding height, setbacks and landscape area. Staff provided feedback to Council questions to the applicant's presentation at the June 21, 2011, public hearing. The memorandum attached to the agenda intended further understanding of the elements of the Ever Vail development which are included in the proposed Resolution No. 6, Series of 2011, amendments. Warren Campbell, Community Development Chief Planner, said the questions asked by Council at the June 21s meeting were responded to on the memorandum attached to the agenda, dated July 5, 2011. Daly stated he had been especially interested in the occupancy differences at Arrabelle and he was disappointed this information was not provided to Council by Jonathan Brownlee from the Arrabelle, as it had been requested since March 2011. Rogers said she also wanted to get the numbers from Arrabelle and wants to see if it's working at Arrabelle. Cleveland also agreed with Daly and Rogers. Dominic Mauriello, Mauriello Consulting Group and the applicant's representative, stated they couldn't get the information from Arrabelle. Daly said in the applicant's memorandum regarding office space, 34,000 square feet of office space is included. He wanted to know how much VRI was taking and how much was left for other third party businesses in Vail to utilize. Rogers said there would be no problem filling the office space with viable businesses. She had some concerns about a sole operation of an Ever Vail gondola running in the summer. She said she preferred this issue be addressed under the conditional use permit or through the Developer Improvement Agreement (DIA) process. Cleveland said he would like this to be addressed in the DIA. Mauriello, the Vail Resorts Development Company representative went through the power point presentation, which was attached to the agenda, on the height, setbacks and landscape areas of Ever Vail. Foley asked about the height restrictions and the building stepping back from the creek. Cleveland said when he was on the Planning and Environmental Commission (PEC), PEC didn't want to see any more than two stories allowed along the creek and no more than three stories on the rest of the site. He said along the creek side of Ever Vail, the stories should be no more than two stories high and step back no less than two stories high before there is a step back. Foley said he doesn't' want a pedestrian interface on Vail Town Council Meeting Minutes of July 5, 2011 Page 6 the north side of the project. Mauriello stated the property goes down to a point and does step back. Rogers said she wants something in the DIA to make sure the trees are placed correctly and if the trees die, they get replaced by the developer. She want to make sure there is sufficient space for them to grow. Additional discussion ensued. Ruther reviewed additional questions Council had that evening and staff will be coming back to Council at the July 19"' meeting with answers. He asked Council if they had topics that haven't been covered to date. Donovan asked about view corridors and navigation through the project on the east side. Ruther will include this issue and bring it back to Council at the July 19 meeting. Daly wants to make sure the landscaping on a parking structure will survive. Cleveland stated he has concerns about landscaping on both sides of the bike path. He said there needs to be a pedestrian path on the project and a separate bike lane on the Frontage Road. Mauriello said the Frontage Road relocation application to CDOT will address all modes of transportation including a bike path and different user groups. Campbell requested the Council continue the Major Subdivision, Ordinance No. 7, 8 and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the July 19, 2011 public hearing. Donovan made a motion to continue the Major Subdivision, Ordinance Nos. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the July 19, 2011 public hearing and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 5 -0. The eighth item on the agenda was adjournment. Foley made a motion to adjourn, the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 5 -0. The meeting was adjourned at 8:45 p.m. Respectfully submitted, WoW-Offl, MW exa Sel = 0 . • , Attest: Vail Town Council Meeting Minutes of July 5, 2011 Page 7 I - \ C • Idson, Town Clerk SEAL on'•••...•••: Vail Town Council Meeting Minutes of July 5, 2011 Page 8 Vail Town Council Meeting Minutes Tuesday, July 19, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kerry Donovan Kim Newbury Margaret Rogers Susie Tjossem Kevin Foley Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was no public input. Foley said the Council sends their condolences to the Jamie Garrett family. The second item on the agenda was a discussion on the proposed North West Colorado Council of Government ( NWCCOG) Economic Development Bylaws and Articles Resolution and Discussion. Rachel Lunney with NWCCOG reviewed the Economic Development Bylaws and Articles of Resolution with the Council. She said NWCCOG is applying to be an Economic Development District. The district has a board of directors comprised of public and private sector members. This creates two side by side board of directors, one for the NWCCOG and one for the Economic Development District. The development district bylaws and articles need to be ratified by a majority of their members to move forward. They have a meeting scheduled for July 28, 2011, in Basalt, CO, to approve this. Cleveland stated it does not change the dues or functions. Lunney said the new district will function like a program of NWCCOG. There are twenty -one board of directors that will be on the economic development district. Daly made a motion for the Mayor to sign an economic development resolution approving the bylaws and articles for the Economic Development District and the motion was seconded by Donovan. A vote was taken and the motion passed, 7 -0. Vail Town Council Meeting Minutes of July 19, 2011 Page 1 The third item on the agenda was Proclamation No. 4, 2011, the recognition of First Lady Betty Ford. Mayor Cleveland stated President Gerald R. Ford and Betty Ford made great contributions to Vail and Eagle County. Margaret Rogers stated it was her privilege to read Proclamation No. 4, 2011, honoring and recognizing First Lady Betty Ford into the town's record. Cleveland said it was the Council's honor to recognize Betty Ford for her many contributions to Vail over the years and thanked Mrs. Ford and President Ford for their contributions to Vail. The fourth item on the agenda was the Town Manager Report. There was nothing to report. The fifth item on the agenda was second reading of Ordinance No. 14, Series of 2011, An ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Marketing Fund of the 2011 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Kathleen Halloran, Budget Manager, stated the changes were made from the last meeting and were on the memorandum. Daly said he will not support the supplemental budget as the environmental portion does not make good economic sense. Foley made a motion to approve Ordinance No. 14, Series of 2011, on second reading and the motion was seconded by Rogers. A vote was taken and the motion passed, 6- 1, with Daly opposing. Rogers stated when staff meets the criteria set by Council for a project, Council needs to support staff. The sixth item on the agenda was the Conference Center Fund Ballot Question Survey Research. Stan Zemler, Town Manager, stated they have been discussing this issue over many months and have vetted this information within the community. Staff has reduced the projects down to three projects; 1) renovation of the Vail Golf Course Clubhouse which would include the Nordic center and a new pavilion; 2) the Ford Park sports complex field expansion and restroom renovation; and 3) the Ford Amphitheater improvements. Zemler said at the May 3r Council meeting, campaign strategist David Cunningham of Summit Information Services answered questions about successful ballot campaigns. This discussion was a continuation of the Council's information - gathering on how best to present a question(s) to the voters on reallocation of the conference center funds. Based on the May 3rd discussion, the Council directed staff to return with information Vail Town Council Meeting Minutes of July 19, 2011 Page 2 on qualified research firms, methods and associated costs to field a telephone survey to be used to help shape a ballot question(s) for the November 8, 2011, election. Proposals from two firms were reviewed by the Council on May 17, 2011. Andy Daly and Kerry Donovan volunteered to assist in the selection of a firm and development of the survey questions. Public Opinion Strategies was selected to conduct the research. Registered voters within the Town of Vail were contacted randomly to participate in the telephone survey. The field work was conducted from June 23, 2011, through July 12, 2011, and resulted in 150 responses. Zemler introduced Lori Weigel to review the outcomes with Council. Lori Weigel, a partner from the Colorado office of Public Opinion Strategies, has been in Colorado for thirteen years and has done other surveys, including surveys at the state level as well. She presented the findings of the survey. The survey was a group process. June 26 through July 10"' the survey was presented to residents that were registered voters. She reviewed the PowerPoint with Council. She said two- thirds of residents indicate they would support such a ballot measure. 67% said yes (definitely yes was 37 %; probably yes was 30 %) and 27% said no (definitely no was 17% and probably no was 10 %) and 5% were undecided. She reviewed the comments made by those that said they would vote no (see memorandum attached to the agenda). One of the most important issues facing Vail was parking (37 %). Most who oppose the proposal would not change their position based on the removal of any single element. The majority of those surveyed believe the proposal will help the economy and help improve the quality of life in Vail. Even with additional background information, it didn't change the view points of those who would vote no. About two- thirds of those surveyed stated they had been following the issues related to the conference center tax closely (19% closely and 46% somewhat closely). Residents who have followed this issue were more supportive of the measure. Residents perceive greater community benefit from expanding and improving facilities than from reducing the lodging tax. 81% stated investing the funds in expanding and improving the Vail Golf Course Clubhouse and Nordic center, Ford Park sports complex and Ford Amphitheater would greatly benefit the Vail community. The bottom line on the survey showed residents responded positively to the proposal to use the collected funds for improvements within the town without raising taxes. There is a widespread perception that these projects benefit the community more so than returning the funds to future guests. And opposition is mostly based on a concern about the many pressing needs that affect the community and county and whether funds could address those instead. Basic improvements and those that can create new revenue are better perceived than less constrained improvements. Cleveland asked about next steps. Zemler thanked Lori Weigel, Susie Tjossem, Kerry Donovan, Kent Logan and Suzanne Silverthorne and all those who helped with the Vail Town Council Meeting Minutes of July 19, 2011 Page 3 survey. Council needs to pass a resolution to add the ballot language to the November 8, 2011, election ballot. They need to have a discussion at the August 2, 2011, council meeting and pass the resolution no later than the August 16, 2011, meeting. Rogers stated since they received positive feedback, will the ballot language be changed. Mire said no, the ballot language would probably not be changed. Donovan said she wants clarification on the Ford Amphitheater part of the question. Rogers asked where the $2.3 million in additional revenue figure comes from. Daly said it would be helpful to come up with a plan to educate the community. Zemler said he wants some commitment letters from the partners in writing before we put this on the ballot for their portion. Mire said a memorandum will be prepared to address what the Council and town staff can and can't do to help educate the community. Cleveland said each of them will have to take the initiative to talk to community. Mire said there is one time in which they can address and state their support through an approved resolution. Cleveland thanked Lori Weigel for her help in gathering the information. The seventh item on the agenda was Ordinance No. 16, Series of 2011, an ordinance amending Title 4 Chapter 2 of the Vail Town Code by the Addition of a New Section 4- 2-6 Governing Special Event Liquor Permits. Matt Mire, Town Attorney, said the Colorado General Assembly adopted Senate Bill 11 -066, which takes effect August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol. Ordinance No. 16, Series of 2011, will enable the Council to elect local control over special event permitting as allowed by Senate Bill 11 -066. Newbury made a motion to approve Ordinance No. 16, Series of 2011, on first reading and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. The eighth item on the agenda was second reading of Ordinance No. 15, Series of 2011, an ordinance amending Title 6, Chapter 5 "Special Event Designations ", Vail Town Code; and Setting Matt Mire, Town Attorney, said in June of 2001 the Council approved Ordinance 12, Series 2001, which provides for both a curfew and a special event district to be created on July 4 and December 31 of each year for the purpose of maintaining public peace and order during these two holiday celebrations." On June 21, 2011, the Council provided clear administrative direction to the Town Manager that the curfew and the special event district were not necessary for the town's 2011 Fourth of July celebration and, therefore, were not to be established or enforced. By this Ordinance, the Town Council desires to ratify the administrative direction given to the Town Manager as it pertains to the Town's July 4, 2011, celebration and to provide certain clarifying amendments to the town code as they relate to special event designations. Vail Town Council Meeting Minutes of July 19, 2011 Page 4 Newbury made a motion to approve second reading of Ordinance No. 15, Series of 2011, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. Foley said the reason they are keeping it at the discretion of the Council is because the need to enforce may change in future years. The ninth item on the agenda was a discussion of Ever Vail and the focus was on addressing several questions raised at the July 5th Town Council public hearing which focused on responding to questions from the previous meeting regarding the height, setbacks, and landscape area for the proposed Ever Vail development. The session included a power point presentation and showing of the 3D model which has been created and will revisit the proposed view corridors and pedestrian connections. Warren Campbell, Chief Planner, reviewed the questions from the July 5"' meeting that were in the memorandum attached to the agenda. Dominic Mauriello, with Mauriello Consulting Group, representing Vail Resorts Development Company, stated the first question regarding the occupancy rate of the 39 attached accommodation units in Arrabelle at Vail Square was still not available at the time of the submittal. Mauriello said the participation rate was more important as that creates near statistics of 48 % -55% occupancy rates. There is a close connection between all types, hotel rooms versus lock -offs. As for question two regarding the Vail Recreation District's (VRD) participation in the Ever Vail space they have set aside for that purpose, Daly asked the VRD what they plan on doing with the space set aside for them and will they participate. Mike Ortiz, Executive Director of the VRD, stated they are interested; however, it's too early and they don't know what is going to happen at this time. The VRD can't presently make a commitment when they don't know when the project will start or when it will be completed. Campbell continued the review of the questions and answers of twelve questions asked by the Council at the July 5 meeting. Rogers asked that under question #9, something be added to the DIA or another document that if the creek needs to be repaired the applicant will pay to get this done or the town can do it but the town would be reimbursed for the expense by the applicant. Cleveland said there needs to be a bike lane on each side of the Frontage Road, not a bike path or pedestrian path, but an actual bike lane in the shoulder of the road. Cleveland said the south side of the creek should be for pedestrians. Cleveland asked if there were any further questions. Vail Town Council Meeting Minutes of July 19, 2011 Page 5 Mauriello went through the power point presentation regarding the Glen Lyon Office Building site and presented a 3D model of the Ever Vail site. He reviewed site sections of the project including bike lanes, landscape areas, and street lanes. He said there is approximately forty feet of separation between the buildings and the road. Mauriello also discussed view corridors. The sixth proposed view corridor would be looking south to the proposed park area confluence of Red Sandstone Creek and Gore Creek and the lift line up Vail Mountain. The seventh view corridor would be seen from the Central Plaza up the lift line of the Ever Vail gondola. And view corridor number eight is intended to provide a visual connection to Lionshead and is seen from the pedestrian connection into Ever Vail from West Lionshead Circle. Donovan asked why there wasn't an East/West view corridor. Ruther said the PEC didn't think that view was a significant view to be protected and view corridor number eight was more significant. Ruther stated the view wasn't about a view to the mountains or environment. It was a view to the other Lionshead areas, the visual connection that pedestrians need to move east to west in Lionshead and is necessary for an orientation view. Daly said the view corridors are to draw people to the main Lionshead area, it's not a view for a park or plaza. He said this isn't laid out like the other view corridors. Daly said they could remove part of the south and east part of a building to create a plaza or open up this area and move the view point north and east for a better view. Ruther said staff will respond to this question and share the information the PEC saw with traffic studies. Daly wants to cut back the building twenty feet. Ruther said they opened up this area sixty feet to further improve the view corridor. He said they will bring back information that the PEC saw to make the decision on this view corridor. Mauriello reviewed the pedestrian connections, landscaping and comparables to Vail Village and Lionshead. Cleveland said he doesn't like to mix pedestrians and bicycles. He wanted the Gore Valley Path for pedestrians and wants it heated and a bike lane on the Frontage Road for bicyclists. Rogers said when you have one wide bike lane on the road and a curb on the other side, bicyclists tend to go the wrong way which is dangerous. Jim Lamont, Vail Homeowners Association, said the view should be protected from the west end of Lionshead. He wants to have the applicant and staff address what happens after the Ever Vail approval and when it's completed. He stated this is a rare chance to make sure everything is in its right place and that it gets built right. He said to give the public a lot more time to understand what has been agreed to between the parties involved: the town, the water and sanitation district and Vail Resorts. He wants to make sure the main plaza out over the sewer treatment plant has a view. Also, in the DIA, he wants trigger points added that state once development begins to occur. Vail Town Council Meeting Minutes of July 19, 2011 Page 6 the infrastructure is built first. So between all parties they arrive at what the trigger is and give guidance of what happens next. Eric Berkins, a resident, said his concerns are the height of the hotel, maintenance, landscaping and ADA access on the pedestrian paths. Mauriello stated key topics for future discussion include follow up on the bulk and mass presentation; phasing; discussion of properties adjacent to Ever Vail and the future of the Eagle River Water and Sanitation District sewer treatment plant; the Developer Improvement Agreement; review of the major subdivision; review of proposed rezoning Ordinance No. 7, Series of 2011; the amendment to SDD No. 4, Cascade Village Ordinance No. 8, Series of 2011; and the zoning regulations amendment Ordinance No. 9, Series of 2011. Ruther said input for next steps include sharing in detail recommendations by the PEC, wrap up of master plan amendments, zoning, major subdivision, other applications including core area parking and transition into zoning, SDD amendments, phasing and the Developer Improvement Agreement. He said the discussion will be primarily done by staff. Rogers said she wants stipulations of what happens if they don't comply or complete what they state they are building and a time line. Campbell said requested Council continue the public hearing on the request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 2, 2011, public hearing. Daly Made a motion to continue the request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 2, 2011, public hearing 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 adjournment. Newbury 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 was adjourned at 8:45 p.m. Respectfully submitted, Z<xz' V17 Dick Cleveland, Yd- Vail Town Council Meeting Minutes of July 19, 2011 Page 7 Attest: OF Vq O• • L relobonaldson, Town Clerk SA V41 _•••....• < Vail Town Council Meeting Minutes of July 19, 2011 Page 8 Vail Town Council Meeting Minutes Tuesday, August 2, 2011 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 Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kerry Donovan Kim Newbury Margaret Rogers Susie Tjossem Kevin Foley Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was the Consent Agenda. Each item was discussed and passed separately. The consent agenda included: 1) Approval of the July 5 and 19, Council meeting minutes; Foley made a motion to approve with minor corrections; and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. 2) Approval of Resolution No. 13, Series of 2011 A Resolution Approving an Intergovernmental Agreement between the Town of Vail and the Eagle River Water and Sanitation District. Daly felt in section three of the resolution, the base rate being increased annually at 3% should be removed. Cleveland stated the town should be treated equal to every other customer the district has. Thus, language on pages three and four will be removed. Left in place will be the final sentence in section four, which reads, 'The Raw Water Use Fee shall not be charged during such times as the Town is using domestic water for irrigation purposes, in which case the Town shall be charged pursuant to the District's treated domestic water rates." Also, under Section 8, Failure to Deliver Operations, Cleveland noted there was no incentive on the District's side to fix a problem. Daly said due to some failure on their part, the District should sell treated water at the irrigation rate. The tiered rate is always lower than the irrigation rate. Staff was instructed to Town Council Meeting Minutes of August 2, 2011 Page 1 negotiate the base rate under Section 3. Daly moved to approve Resolution 13 with the amendments and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7 -0. 3) Approval of Resolution No. 14, Series of 2011 A Resolution to Ratify the Amended Articles of Association of the Northwest Colorado Council of Governments (NWCCOG). Newbury moved to approve Resolution No. 14, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. 4) #7 Hole Electric Line Burial. Daly noted because this was a comprehensive bidding process with six contractors bidding, he was comfortable directing the Town Manager to sign the contract with Icon, Inc., in an amount not to exceed $127,572.25 and the motion was seconded by Donovan. Rogers was concerned there was too much of a variance between high and low bidders. Chad Salli, with Public Works, explained this was a different methodology as this was a unit price project, not a guaranteed price. Salli also noted this contractor had "set the standard" with the South Frontage Road project. Rogers still stated she would like to hear how the stream crossing and mobilization comes out. A vote was taken and the motion passed unanimously, 7 -0. 5) 2011 Street Maintenance Project, Crack Sealing. Daly noted four companies had bid the project. The question was asked if there was local participation. Salli replied in the past eight years no local companies had bid this type of project. Daly moved to direct the Town Manager to enter into a contract with Superior, and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. 6) The last consent agenda item was the Employee Housing Unit (EHU) Exchange Requests. Nina Timm, Housing Coordinator, explained two EHU Exchange requests to release deed restrictions for pay -in -lieu were before the Council. Timm stated Council was achieving what they'd set out to do and that both of these homes were required to have the EHU occupied. Rogers moved to direct the Town Manager to enter into these agreements, and the motion was seconded by Newbury. It was noted the funds of $240,650 for the release of each restriction would go into a dedicated housing fund, which could then be used to buy down" a unit and put a deed restriction on it, a more efficient use of resources. Town Council Meeting Minutes of August 2, 2011 Page 2 A vote was taken and the motion passed unanimously, 7 -0. Rogers motion followed the recommended language in the August 2, 2011, staff memorandum. Foley offered the Council's condolences to the Elliott family. The second item on the agenda was the Town Manager Report. Kathleen Halloran, Budget Manager, reviewed the revenue highlights with the Council. She stated upon receipt of all sales tax returns, June collections are estimated to be 891,791 up 2.1% from last year and 12.5% up compared to budget. Year to date collections of $11.3 million are up 9.8% from prior year. The year to date and full year budgets have been amended by $900,000 to reflect additional collections earlier in the year. Year to date revenue is up 11.5% from the original budget and up 2.6% from the amended budget. Inflation as measured by the consumer price index was up 3.6% in June. The Use tax collections as of July 26, 2011 total $403,260 compared with 616,163 at this time last year, down 35 %. The annual budget of $500,000 projected a decrease of 55 %. She also said the Real Estate Transfer Tax (RETT) collections through July 26, total 2,432,738, down 29% from this time last year. Annual budgeted revenue of $4.7 million is a 32% decrease from 2010 collections. Approximately $1,100,430 or 45% is from major redevelopment projects including Arrabelle, Four Seasons, Landmark, Manor Vail, Mountain View, Ritz Carlton Residences, Solaris, and The Sebastian. Collections not related to major redevelopment projects currently total $1,332,308, down 21.4% from this time last year. In summary, across all funds and revenue accounts through July 31, 2011, total revenue of $38.8 million is up 1.5% from budget and down 4.9% or approximately $2.0 million from this time last year, mainly due to a decrease in RETT collections ($1 million), the sale of the Arosa Drive duplex last year ($900K) and a decrease in Use Tax collections ($212K). The town has currently received 68% of the total budgeted revenues for the year. The third item on the agenda was an update on the Gore Creek stream tract encroachments. Rachel Dimond, Planner, stated the staff would like direction from Council on next steps for removal of the stream tract encroachments. She said on October 6, 2009, Council adopted a "zero tolerance" policy for allowing private encroachments on town -owned stream tract lands constructed without approval and instructed staff to pursue removal of all encroachments. The town acquired stream tract properties along Gore Creek and its tributaries over time to protect the natural riparian areas and to protect wildlife habitat. Town Council Meeting Minutes of August 2, 2011 Page 3 She stated most the private encroachments onto town -owned stream tracts negatively impact the community due to sensitive riparian areas having become destabilized and damaged, public access for recreation is limited as public property appears private, the privatization of the stream tracts has effectively taken property from the public, water quality has been reduced due to elimination of riparian plants and habitat, development has occurred within the floodplain, which can have negative impacts on the flood plain and adjacent properties and wildlife habitat, food and breeding grounds have been threatened. She said most of the encroachments will get resolved this year and staff understood Council direction was to cite those that are noncompliant with "criminal trespass." She said 43 property owners were sent letters by staff in April 2011. Of these properties: 4 completely resolved encroachments; 1 property received Town Council approval to have the Town of Vail remove encroachments; 26 properties have agreed to remove encroachments; 3 properties have impending site visits to discuss resolution; 8 properties have received letters according to certified return receipts but have not contacted the Town to resolve the issues; and 1 property refuses to accept the certified letter sent to him. Dimond also said staff will send an additional certified letter to each property owner that has not responded in order to provide another opportunity for owners to remove illegal encroachments. Property owners will have three business days to respond. Daly noted the town cannot afford further degradation of riparian zones, based on a recent Eagle River Water and Sanitation District (ERW&SD) report Council heard in the afternoon, and as well, this could endanger the gold medal status of Gore Creek. Rogers encouraged staff to work closely with Town Attorney Mire on the process. Foley asked staff to keep up the positive public relations because this is for the good of the town. The next item on the agenda was item number four, a discussion on Comcast services. This item was moved to a later time as the Comcast representative had not yet arrived. The Council heard the ninth, now fourth, item on the agenda, which was an Emergency Ordinance No. 17, Series of 2011, an ordinance to approve the general planning document for the 2011 USA Pro Cycling Challenge, to allow for temporary amendments to the Town's fire lanes, no parking areas, pedestrian zones and outdoor display and sign regulations to facilitate the 2011 USA Pro Cycling Challenge, and setting forth details in regard thereto. Rachel Dimond, Planner, stated the USA Pro Cycling Challenge is expected to be the largest spectator event in Colorado history and one of the largest sporting events to ever take place in the United States. For seven consecutive days, 128 of the world's top Town Council Meeting Minutes of August 2, 2011 Page 4 athletes will race across nearly 600 miles through the majestic Rockies, reaching higher altitudes than they've ever had to endure, more than two miles in elevation. It's the best of the best in professional cycling, competing on a challenging course through some of America's most beautiful scenery, including cities such as Aspen, Vail, Breckenridge and Steamboat Springs. As the interest in professional cycling continues to grow as a global sport (which is evident by the addition of two new UCI- sanctioned races this year alone in Beijing and Quebec) it is fitting that the USA Pro Cycling Challenge comes along just in time to put a stake in the ground for the United States. The USA Pro Cycling Challenge is expected to be one of the biggest and best races worldwide, America's answer to the Tour de France. The inaugural USA Pro Cycling Challenge will take place August 22 -28, 2011. With more than one million spectators and viewers expected for the event, as well as national television exposure on NBC and the cable network VERSUS, the USA Pro Cycling Challenge will be the race to celebrate in America. Spectators of this race will see Olympians, World Champions and some Tour de France competitors. Fans worldwide will have access to the competition and riders like never before with the most advanced, interactive online, smartphone and broadcast television experience presented to date in professional cycling. The 2011 USA Pro Cycling Challenge will hold a time trial in Vail on August 25, 2011. The proposed suspension of regulations would help facilitate this world class event, and would be effective from Wednesday, August 24, 2011, through Thursday, August 25, 2011. The regulations will be effective for the racecourse area, which runs through Vail Village and follows the Frontage Road and Bighorn Road to the cul -de -sac on the Vail Pass recreation path. Staff recommends the Vail Town Council approve Emergency Ordinance No. 17, Series of 2011. Donovan was concerned with Section 8, Loading and Delivery and that the delivery restrictions might be too onerous. Council directed staff to work with Medalist and the Vail Valley Foundation to provide additional accessibility. Community Development Director George Ruther noted Mountain Plaza would be completely accessible. Daly moved to approve emergency Ordinance No. 17, for this one -time reading, and the motion was seconded by Foley. Foley encouraged staff to get the word out on any inconveniences the community might encounter during the event. Rogers suggested a map with the route be posted at the upcoming Community Picnic at Bighorn Park on Tuesday, August 9"'. A motion was taken and the motion passed unanimously, 7 -0. At this time, Mike Trueblood with Comcast arrived, so Council moved back to the scheduled item number four, which is now: The fifth item on the agenda was an update from Comcast on products and services. Mike Trueblood, local Comcast representative, introduced himself and noted he was familiar with the area, having been a resident from 2004 to 2006. He asked to be considered the point of contact and that he was concerned with timely, effective Town Council Meeting Minutes of August 2, 2011 Page 5 service. He added Comcast had cleared the audit items; had conducted 165 repairs; done numerous inspections; identified 65 units for repair in the town's right -of -way; the company will track repairs and keep the town apprised; Comcast has brought in incremental personnel from Denver; and will launch an additional 70 -75 channels in late October. He stated there are approximately 2,000 customers in Vail with no digital device. When these improvements are completed, the town will have project parity. Trueblood committed to more frequent updates to Council and to be responsive where Comcast has issues. He stated there will be notable increases in high speed data. Rogers asked as Comcast transitioned, if analog would still be able to get those channels. Trueblood stated a user must have the digital device. Comcast will staff up for Thanksgiving, recognizing that is the traditional start of the ski season and that they would respond as quickly as they can. He stated their goal for "same day for trouble calls" was 80 -85 %. Their current response time has been closer to 36 hours, which he intends to correct. Three days is totally unacceptable. Tjossem confirmed every TV in a home must have the digital device. Newbury asked how many digital devices were available. Trueblood responded a thousand are warehoused in Silverthorn and daily shipments will be made. Cleveland confirmed there is no charge for up to three devices. Trueblood indicated Vail would be a good fit as a "pioneer market" in the mile - high region (Colorado and New Mexico) and Vail could certainly qualify as a trial market. Mire indicated the next step would be to bring the compliance agreement to an executive session, followed by an evening public discussion. Trueblood ended by saying Comcast has to do a better job. A dinner break was taken at 5:00 p.m. The meeting resumed at 6:00 p.m. The sixth item on the agenda was Citizen Participation. There was no citizen's participation. Foley stated Tito Montoya, who was a long time employee of the Town of Vail, passed away this week. Council extended their condolences to the family. The seventh item on the agenda was a review of the proposed draft of Resolution No. 12, Series 2011, a resolution submitting a ballot question to the registered electors of the Town of Vail at the November 8, 2011, regular town election regarding the use of certain lodging tax and sales tax revenues, and setting forth details in regard thereto. Matt Mire, Town Attorney, reviewed the proposed language presented in an attached draft resolution which will be presented for Council adoption at the Council meeting on August 16, 2011. Mire stated on July 19th, Council was presented with the results of a poll of registered voters conducted by Public Opinion Strategies to determine voter's reaction to proposed ballot language for use of funds originally collected for a conference center. A resolution adopted by the Council is required to place a question on the November 8, 2011; ballot. The resolution set forth the reasons for submitting a ballot question and set the draft Town Council Meeting Minutes of August 2, 2011 Page 6 ballot language identical to that which was tested in the poll. A draft resolution is presented for discussion so that any changes and /or additions requested by Council may be incorporated prior to proposed adoption of the resolution on August 16. Cleveland read the following ballot language into the record. " Ballot Question No. 1 Without increasing taxes, shall the Town of Vail use the remainder of the one and one - half percent lodging tax revenues and one -half percent sales tax revenues collected from January 1, 2003, through December 31, 2005, to fund the following projects that will promote recreation, promote tourism and support the economy in the Town of Vail: Renovation of the clubhouse at the Vail Golf Course and Nordic Center, including a new pavilion; Field expansion and restroom renovation at the Ford Park Sports Complex; and Ford Park Amphitheater improvements, including outdoor seating and restroom improvements ?" Donovan stated this was the wording used in the polling survey. Rogers said there are a number of people who are confused about the new pavilion. Daly suggested saying community space instead of a new pavilion. Camp suggested the wording be community pavilion and extended deck. Newbury said to use expanding and improving the clubhouse including a community space. Newbury said they should have more information to clarify that additional funding would be need to be provided toward these projects because the current wording suggests the funds will completely provide for these projects and the town needs partners. Zemler suggested whoever is in charge should do the education of this. Zemler said they need to make sure there is an aspect of the language that states the new community space is to serve the community. Gretchen Busse, resident, stated she has lived on Sunburst Drive for many years. She said she was told the pavilion would be 6,000 square feet and didn't think that was appropriate as this is in a residential area. She is concerned as there are a lot of bicyclists that ride on Sunburst Drive and she is concerned about adequate parking as are some of her neighbors. Cleveland said the information she got was incorrect. The pavilion will be built in the footprint of the existing golf course club house. She wants more information on how big of a pavilion they are trying to build and where the parking will be. Daly said there will be more parking available and the pavilion would be in part of the club house building footprint. Daly suggested she contact Mike Ortiz and get the neighbors together to discuss this project in further detail. Joe Hanlon, with the Vail Recreation District (VRD), said they will be reaching out to the neighbors of the area and go through the plans and educate people on what this project looks like. Jim Lamont, Vail Homeowners Association, said they have concerns at Ford Park Town Council Meeting Minutes of August 2, 2011 Page 7 on traffic flow, parking, and turn arounds, etc. He said they need to finalize some of these details and narrow down the scope prior to the election. Rogers made a motion to direct the town attorney to amend the ballot language and bring the resolution back to the next meeting and the motion was seconded by Newbury. Foley stated Zemler was going to make sure the town had buy -in from the partners involved. Hanlon said they are planning on getting everyone on board at the next VRD meeting. Ceil Folz, President of the Vail Valley Foundation (VVF), stated the VVF is willing to be a partner in funding the amphitheater project. Folz said the express buses and parking at Ford Park is working well this summer. A vote was taken and the motion passed unanimously, 7 -0. The eighth item on the agenda was a review of the concepts for the East Lionshead Mall Plaza and Concert Hall Plaza. Tom Kassmel, Public Works, asked the Council for comments and to provide direction to proceed through the town's Planning and Environmental Commission (PEC) and Design Review Board (DRB) entitlement process with one alternative for each project site so they can start the projects next year. He stated on May 17"', Council awarded the design contract for the Lionshead Transit Center Phase III - Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects to the Mary Hart Design Team. The Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects are the third phase of the Lionshead Transit Center redevelopment and are funded by the Vail Reinvestment Authority (VRA) through Tax Increment Financing (TIF) dollars. The two projects complete the link between the Lionshead Transit Center, the redeveloped Lionshead Mall commercial core and the hotels and lodges of West Lionshead. Staff and the design team will present options for both the East Lionshead Mall Plaza and Concert Hall Plaza. Kassmel reviewed the past two years process for the East Lionshead Mall area. The outcome was to funnel the pedestrian traffic to one area. Staff and the design team over -layed the Slifer Square plans over this site and it fit quite well and revised it from there. Concert Hall Plaza concepts were reduced to beautifying this area. The total cost for both projects is $2.825 million; the cost is $2.075 million for East Lionshead Plaza, which includes design, management, testing, materials, owner construction costs, and owner contingency for $500,0000 for East Lionshead Plaza and $1.575 million for construction costs; and for Concert Hall Plaza the cost is approximately, $750,000. The design, management, testing, materials, owner construction costs, and owner contingency are $241,000 and $509,000 for construction costs. Town Council Meeting Minutes of August 2, 2011 Page 8 Mary Hart, with Hart Design, went through their process over the past few months, including defining the program elements and understanding the town's goals for each project. She went through the options for each site as well as the preferred option. Sybill Navas, special event coordinator, stated she was able to review the plans and goals for this area. She said the Lionshead community wants more events in that area. She said the Arrabelle liquor license precludes more events in this area and limits the mall area for having events as it is a long and narrow space. She said an additional 25,000 would have to be added for electrical service, and $40,000 for a canopy and deck to add in this area for buskers or other events including music. Hart said there is an idea to use the bus shelter area to accommodate a small stage and have an area for special events. Hart said there are four areas to be reviewed with feedback for each area: loading and delivery location, special events, view corridor and Lionshead Master Plan. Special event liquor issues between Arrabelle and the plaza were discussed. The design wasn't made for special events specifically. She said the Lionshead Master Plan states that View Corridor One requires this view corridor to be open. She showed the new bus shelter would encroach into the view corridor and asked if Council wanted to have them apply to PEC for an approval of an encroachment into the view corridor or get it out of there. She said they would have to change the. master plan on the build -to lines and adjacent property owners were not in favor of the build -to lines changing in the master plan. Planners supported changing the lines to be clear on the intent. Kassmel said the budget summary for East Lionshead Plaza was $2.075 million and for Concert Hall Plaza is $750,000. The Preferred Option is $2.35 million for East Lionshead Plaza and $702,000 for preferred option for Concert Hall Plaza. With an option for snowmelt at each project there is an additional $435,000 for East Lionshead Plaza and $85,000 for snowmelt at the bus loop at Concert Hall Plaza. He discussed the pros and cons of heating both areas. Rogers asked if the Treetops Homeowners Association was on board with the East Lionshead Plaza concept plan. Hart said the owners liked having the ADA access fixed. Rogers asked if they liked it because the town would have to pay for it. Hart said that topic would need to be discussed further. Tjossem asked about matching the bus shelter with the Welcome Center. Hart said continuity was the consideration for getting them to match. Newbury said they were using these as they are all part of an integration of all the areas in Lionshead. Kit Williams representing Lazier Properties and twenty other tenants in the area, spoke to the East Lionshead Plaza concepts. They feel the walkway from the transportation center needs to be widened. The archways can stay where they are currently located. Town Council Meeting Minutes of August 2, 2011 Page 9 There is an issue of a planter blocking the walkways and they want it opened up next to the ADA access archway areas. He said there needs to be more than 24 feet and they want the walkway wider. Also, get rid of the landscape and rocks and use the existing walls. The view corridor needs to be a clear shot to the bus stop. Newbury was supportive of the staff recommendation on the loading and delivery areas. The purpose was to get the delivery vehicles off the streets. There was consensus among the Council. Donovan said one of the issues and objectives was to get rid of interaction between vehicles and pedestrians. This encourages that to happen and doesn't support accommodating special events there but some tents in the area would be ok. Kassmel said the intent wat not to make it a special event area but it could accommodate additional tents and special events if Council wanted to allow it. 25,000 is the additional cost to add an electric panel for special events. Cleveland said they are overloading this area. He wants a bus shelter only and it needs to be open and simple. Daly said he doesn't want to compromise the view corridor for an event shelter. Foley said this area is not for special events and keep it an entry point. Rogers said greenspace is important because there is very little green space in Lionshead. They need to bring more nature into this area. Staff would like to get rid of the build -to lines in the Lionshead Master Plan. Newbury said she is not in favor of changing the master plan. Preferred alternatives with snowmelt was discussed. Tjossem liked it. Daly said the town did it at Solaris and Vail Village and we need to do this for Lionshead. Newbury is opposed to it for environmental reasons and Cleveland is opposed also. Rogers asked if snowmelt can be added that is more efficient. Kassmel said the geo thermal process doesn't melt the snow and doesn't make sense. Staff is recommending to snow melt the bus circle at East Lionshead Plaza and also at Concert Hall Plaza. Daly clarified that the north path would not have snowmelt. Kassmel said people coming from the north over the bridge tend to go to the west. The $85,000 heats the pedestrian paths not the bus area. There could be an option to upgrade to include the bus areas. Kassmel recapped the discussion and stated they would have loading and delivery on the east side and at Arrabelle; no additional power or costs for special events and no compromise of the view corridor. Also, there would be no changes to the Lionshead Master Plan; snow melt would be at the East Lionshead Mall bus loop and heat the sidewalk only. He also said the preferred option direction is to widen the east side entry space, simplify the bus shelter and keep some green space. This will allow an adequate area for people to transfer back and forth through the area easily. Zemler requested staff come back with this item in two weeks and to adjust the budget and plan and review it one more time, as well as have a site visit. Town Council Meeting Minutes of August 2, 2011 Page 10 The ninth item on the agenda was first reading of Ordinance No. 18, Series of 2011, an ordinance rezoning the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch from residential districts to open space and recreation districts. This ordinance will be reviewed concurrently with the Resolution No. 15, Series of 2011. Bill Gibson, Planner, stated on June 27, July 11 and July 25, 2011 the Town of Vail Planning and Environmental Commission (PEC) forwarded recommendations of approval for the zoning map amendments for the Ruder Cemetery, Red Sandstone Park parking lot and Parcel G of the Residences at Briar Patch. Donovan made a motion to approve first reading of Ordinance No. 18, and the motion was seconded by Rogers. A vote was taken and passed unanimously, 7 -0. Foley requested site visits before second reading at the next meeting. The tenth item on the agenda was Resolution No. 15, Series of 2011, a resolution changing the land use designation of the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch from residential to open space. This resolution was reviewed concurrently with the Ordinance No. 18, Series of 2011. Bill Gibson, Planner, said on June 27, July 11 and July 25, 2011, the Town of Vail Planning and Environmental Commission (PEC) forwarded recommendations of approval for the Land Use Plan map amendments for the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch. Donovan made a motion to approve Resolution No. 15, subject to second reading of Ordinance No. 18, and the motion was seconded by Rogers. A vote was taken and the motion passed 7 -0. The eleventh item on the agenda was second reading of Ordinance No. 16, Series of 2011, an Ordinance Amending Title 4 Chapter 2 of the Vail Town Code by the Addition of a New Section 4 -2 -6 Governing Special Event Liquor Permits. Matt Mire, Town Attorney said the Colorado General Assembly has adopted Senate Bill 11 -066, which takes effect August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol. Ordinance No. 16 will enable the Council to elect local control over special event permitting as allowed by Senate Bill 11 -066. Foley made a motion to approve Ordinance No. 16, on second reading and the motion was seconded by Donovan. A vote was taken and the motion passed, unanimously, 7- 0. Town Council Meeting Minutes of August 2, 2011 Page 11 The twelfth item on the agenda was a discussion on Ever Vail and this work session focused on addressing several questions raised at the July 19 Council public hearing which focused on responding to questions from the previous July 5"' meeting regarding the 3D model, view corridors and pedestrian connections for the proposed Ever Vail development. Warren Campbell, Chief Planner, stated this discussion wrapped up the questions and answers on the Lionshead Master Plan. He reviewed Resolution No. 6, which amends Chapters 4 and 5 of the Lionshead Redevelopment Master Plan as was included in the memorandum dated August 2, 2011. He went into detail discussing view corridors. He also addressed questions Council raised at their July 19"' meeting. There was a site visit by Council during the work session earlier in the day. Rogers stated regarding elements of the Developer Improvement Agreement (DIA), that she wanted to add a bullet point to have remedies for defaults such as landscaping. Daly said he wants the applicant to look at grade changes that allow for the smooth flow of pedestrians in this area. Cleveland said the master plan should minimize the hard scape, functional bicycle lanes and a smaller width pedestrian path. Greg Hall said they can take four feet off the bike /pedestrian path and add it to the bike lane. He said the path is closed from November 1 to end of ski season. Roger said the town has to adapt to what people do. Campbell said staff will come back with bike path and hard scape issues at the next meeting. He said in draft Resolution No. 6, the green text addresses discussions the Council has brought up in past meetings regarding the Ever Vail view corridors, parking, pedestrian and bike access and site coverage. Daly wants the parking spaces to be included in the DIA. Newbury said the stream tract should be preserved, not enhanced. Rogers said if the PEC requires more parking spaces beyond the 400 required, that needs to be addressed. She also stated at the western end of Ever Vail, she is in favor of two to three stories, not three to four stories before stepping back. Cleveland, Daly, and Foley agreed with Rogers. Tjossem disagreed. Rogers said all along the creek there should be two to three stories maximum. Newbury doesn't have a problem on how it's written now. There was an additional request to improve the wording on the legal and physical access to the Eagle River Water and Sanitation District (ERWSD) property. Mire said staff could work on the wording. Campbell said this discussion doesn't close the book on this topic. Staff recommends continuing all the ordinances and applications to the next meeting. Town Council Meeting Minutes of August 2, 2011 Page 12 Jirm Lamont, Vail Home Owners Association (VHOA), said what h"aw was a plethora of utility lines on the site visit. Are all the lines going to be cleaned up and when will they be cleaned up. Cleveland stated this will be part of the DIA and said all the lines should be buried. Mauriello said he talked to Bill Kennedy and the power lines will be underground all the way to Cascade. Additional discussions on view corridors, landscaping and tree relocations ensued, with preservation of as many trees as possible. Jim Lamont, VHOA, said he wanted to know what happened to the issue raised regarding views over the ERWSD and preserving that view corridor. Newbury said that may be worth preserving since there is no restriction on the height in that district according to Campbell. Campbell said staff will look at this issue. Donovan made a motion to continue the public hearing on the request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 16, 2011, public hearing and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 7 -0. The thirteenth item on the agenda was adjournment. Foley made a motion to adjourn and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. The meeting was adjourned at 9:20 p.m. Respectfully submitted, Z • Attest: onaldson, Town Clerk Town Council Meeting Minutes of August 2, 2011 Page 13 Vail Town Council Meeting Minutes Tuesday, August 16, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Acting Mayor Pro -Tern Kevin Foley. Members present: Kevin Foley, Acting Mayor Pro -tem Andy Daly Kerry Donovan Margaret Rogers Susie Tjossem Members absent: Dick Cleveland, Mayor Kim Newbury, Mayor Pro -tern Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Foley, Acting Mayor Pro -Tem, expressed Council's condolences to Mayor Cleveland and his family at the passing of Cleveland's father. The first item on the agenda was Citizen Participation. Mike Cacioppo said he had two items he wanted to address. First, he felt there was a need for more cell phone towers in and around Vail and on Vail Mountain. He said this is a safety issue. He said he wanted the Council to send letters to the major cell phone carriers and grant them the right to place cell phone towers where they are needed. He said there are cell towers in existence that look like trees to make them blend in with the surroundings. He said the second issue was a topic he has addressed before Council for years. He wants the Council to vote for town board vacancies verbally and not by paper ballot. He wants to know who voted for which person for each board vacancy. He claimed the Council was voting by secret ballot. Mire clarified to Council that they are not voting in secrecy and the way Council currently votes for board members is appropriate. Kailey Moore, Vail International resident, asked the Council if four or five pine trees could be planted on the east side of the Lionshead Transportation Center. Town Council Minutes for August 16, 2011 Page 1 The second item on the agenda was Resolution No. 12, Series of 2011, a resolution submitting a ballot question to the registered electors of the Town of Vail at the November 8, 2011 Regular Municipal Election regarding the use of certain lodging tax and sales tax revenues, and setting forth details in regard thereto. Zemler stated the funds remained due to the conference center not being built. The pavilion is a component of the golf course renovation. He reviewed the three projects that are proposed to be renovated with the funds: the expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including a multi -use community space; field expansion and restroom renovation at the Ford Park Sports Complex; and Ford Amphitheater improvements, including outdoor seating and restroom improvements. Matt Mire, Town Attorney, said on August 2, 2011, Council reviewed a proposed draft of Resolution No. 12, Series of 2011, submitting a ballot question to the voters for use of funds collected through the conference center taxes from 2003 through 2005. The draft ballot language is the same as the ballot question used to poll registered voters. That language referred to a pavilion at the golf course /Nordic center, which was confusing to community members who thought there would be a separate building for the pavilion. At that time, Council directed staff to modify the language for the ballot and the Ballot Question now reads as follows: Ballot Question No. 1 Without increasing taxes, shall the Town of Vail use the remainder of the one and one -half percent lodging tax revenues and one -half percent sales tax revenues collected from January 1, 2003 through December 31, 2005 to fund the following projects that will promote recreation, promote tourism and support the economy in the Town of Vail: Expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space;. Field expansion and restroom renovation at the Ford Park Sports Complex;•and Ford Amphitheater improvements, including outdoor seating and restroom improvements? Yes No Daly asked if the town had received letters from the partners, the Vail Recreation District (VRD) and the Vail Valley Foundation (VVF), agreeing to be funding partners in these projects. Zemler stated the town does not currently have letters but at the last Town Council Minutes for August 16, 2011 Page 2 council meeting the entities agreed with the concept. Daly also asked if the funds for each project would change and would those discussions take place before the election. He also requested more details on the projects be communicated to the public prior to the election. Mire said he would be coming back to the Council to address the Fair Campaign Practices Act (FCPA) requirements and campaign issues around supporting the measure. He said there will be one opportunity for the Council to support the passage of the ballot question. Daly said he didn't necessarily want to put out a document supporting the ballot question but to give the electorate more detailed information regarding the ballot question. Zemler said a detailed document is already available out for public review. Daly made a motion to approve Resolution No. 12, and the motion was seconded by Tjossem. Gretchen Busse, resident, stated she and her husband met with Mike Ortiz with the VRD. She wanted the ballot question read out loud. Daly read the question for the record. She thanked Mike Ortiz and the Council for their time in helping her to understand what is proposed at the Vail golf course. Stephen Connolly, resident, stated he doesn't think they should pass this resolution and he doesn't think the ballot question will pass. He doesn't feel these changes will put heads in beds. He heard the VRD wouldn't be operating the facility. He wanted to know who and where the money would be going to if that is.the case. He wanted the town to hold onto the funds until a better idea comes along. Jim Lamont, VHOA, stated the VHOA had a board meeting and the topic of discussion was where the town was going due to the economy. He said his board members are well versed in business and economics. They want to know if the Council is providing an option to retain the $9.4 million to allow the electorate to discuss what to do with the funds at a later date. Mike Cacioppo, disagreed with Connolly. He said either spend the money or return it to the community. He said the funds have been in the town's account for way too long. He reiterated that this was not a tax increase. He said the question was how to spend the money. If you don't improve the sports fields, the town will lose some of the groups that go there and we need to keep them coming back. He said giving back a small percentage of the funds over the next ten to twenty years to the population doesn't make sense. He is in support of two of the projects and that will put heads in beds. He said the ballot question is going to pass, as it's a no brainer. Daly said the Council put together a committee to research this question for many months and they came up with these projects that will benefit the community. He said both the VVF and the VRD will be helping to fund the projects will partner with the town to get these projects completed. Town Council Minutes for August 16, 2011 Page 3 Rogers said she was concerned about keeping the money for a longer time period. She feels this will stimulate the economy in several ways: there would be more bang for the buck, expenditures will stimulate the economy and will be a mini - stimulus for our own economy as it will create jobs and create economic energy in town. A vote was taken and the motion passed, unanimously, 5 -0. The third item on the agenda was the Town Manager Report. Dwight Henniger, Vail Police Chief, gave a review and update on the U.S. Pro Cycling Challenge and the Divas Half Marathon (DHM) special events. He said there are about 1,200 runners registered for the Divas Half Marathon. Tjossem questioned how the Sunday Farmers Market would impact both of these events. Laurie Asmussen, event producer for the DHM, said there were recreation path closures and the event producers handed out notices to approximately 1,500 residents in town from Donovan Park to East Vail. She said there will be about four -hours of intermittent closures from 9:00 a.m. to 1:00 p.m. Signs have been up for about eight days. Jamie Gunion, representative of the VRD and a runner, said there are no road closures but intermittent delays on the recreation path. Daly asked about the road closures for the US Pro Cycling Challenge. Adam Lueck, with the VVF, stated the event is nine days away from happening in Vail. He presented a short video on the event to the Council and public. He said the eyes of the world will be on Vail for approximately all ten miles of the race in Vail. He stated this is the only original Coors classis course in the race. There will be lots of press on this event: local news, Facebook, Twitter, Versus and many other news channels. Lueck discussed closures and impacts, beginning on Wednesday, August 24, the bus route will change and the tent company will build out the tents at Solaris and the Vail Village Transportation Center top deck. Deliveries for the village should have little impact on Wednesday. However, on Thursday morning, 1,000 people will begin to set up the event in Vail Village. There are 640 rooms for tour staff alone. The build out will begin at 4 a.m. for the immediate start area at Solaris, withthe course fencing will be up at 5 a.m. This will lock the village area down. All deliveries will be suspended from 5 a.m. to 6 p.m. on Thursday, August 25. The Sitzmark and Pepi's access will be available until 10:30 a.m. on Thursday. The main closure of Vail Valley Drive out to East Vail will be from 11:30 a.m. until the last rider goes by, maybe around 4 p.m., but this will depend on the number of riders in the Time Trial. The VVF will not know until the end of Wednesday how many participants there will be on Thursday. Lueck also said they plan on opening the roads as soon as they can after the last rider goes through. He said the Vail Village and Gore Creek Drive will be first priority to open and outside the village will be to open the Frontage Road. The police department crews have been communicating with most businesses in town and VVF has been contacting businesses that will have high impacts due to the race. The VVF has other Town Council Minutes for August 16, 2011 Page 4 areas where they are distributing all information on the race: on their website, Facebook, Vail.com, Vailgov.com, in the newspaper, etc. More schedules will be distributed as Time Trial day gets closer. Tjossem asked if camping would be allowed in Colorado Department of Transportation CDOT) right -of -ways. She thinks people may misinterpret that to mean Vail has camping. Lueck said camping in the East Vail proper and Bighorn area would not be allowed. Forest Service area camping is dispersed camping on Vail Pass, and is allowed. Tjossem stated one of the concerns is not being able to get buses through on the side streets of Vail. Lueck stated signage will go up on Monday, August 22, on where people can park and camp. Tjossem also asked about where the port -a -lets will be available. Lueck stated a large number of them will be stationed in Vail Village and satellite port-a -lets will be on Aspen Lane and Bighorn Road, at the camp ground gate, mid -way up Vail Pass and at the Black Lakes. Rogers asked if there would be camping by the gate going up the pass. Lueck said people can camp there but without a car. There are designated campgrounds by the Forest Service and dispersed camping on Forest Service property wherever you want on the pass. Lueck said there will be 17 team buses, 8 riders per team and a mix of pro tour (major league) continental and pro continental vehicles. Buses will be parked at Ford Park. Public safety and incident command will be located at the town offices. He stated CDOT confirmed the pot holes and millings will be gone by race time. Currently, lodging and bookings are at 2010 levels. Foley said any cyclists or folks wanting to watch the races in East Vail need to get there early. The Forest Service has had signage up at the Black Lakes since August 15, the old Highway Six is closed for the race, the Forest Service will have two officers at the top of Vail Pass and there will be another officer at the bottom past Main Gore Drive. Lueck said parking is one of the biggest issues. Special ECO buses will come from Beaver Creek to Vail. Cow bells will be handed out for those who ride the bus that day. Henninger thanked all the residents and community members for collaborating in making this event happen. Food vendors will be on the top deck of the transportation center and within a 200 foot area on Meadow Drive and little bit around the Children's Fountain. Entertainment will be on the top deck as well. A band will be on the far east side of the south deck of the transportation center, as well as a beer tent, Smash Burger and Quizno's. The rest of the food vendors will be on Meadow Drive, including La Cantina, Nickies Quickies and Moe's BBQ and others. A beer vendor will also be on Meadow drive and near the Children's Fountain. The event required two special event liquor licenses, plus the Express Lift/Mountain Plaza liquor license. The concert at Town Council Minutes for August 16, 2011 Page 5 Mountain Plaza will be from 5 p.m. to 7 p.m. Council thanked the VVF, Chief Henniger and all other event staff for all their hard work on this event. The fourth item on the agenda were the appointments to the Commission on Special Events (CSE) and Local Licensing Authority (LLA) One member was appointed to the CSE and one member was appointed to the LLA. Donovan made a motion to appoint Amanda Zinn to the LLA and Daly seconded the motion. A vote was taken and the motion passed, 5 -0. Cacioppo spoke again and was upset with Council for voting by paper ballot. He said they violated the Vail charter. He also asked Tjossem to recuse herself as he thought she had a conflict of interest. Tjossem said she would defer to the town attorney. Mire stated she didn't have a conflict. Rogers made a motion to appoint Joyce Gedelman -Viers to the CSE and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 5 -0. The fifth item on the agenda was a presentation on the Eagle Air Alliance Three Year Strategic Plan. Kent Myers, representing the Eagle Air Alliance and the Eagle County Airport, reviewed the draft of a three year strategic plan with the council. He reviewed the airline industry overview, including the aircraft coming into the Eagle County Airport, seasonal characteristics, targeted pledge amounts, economic impacts, visitor percentages and other aspects of the strategic plan from the power point presentation. Rogers wanted more detail on the numbers as it relates to Vail. Zemler said the numbers will be in the budget process. Myers said he could get this information to the Council within 10 days. Tjossem asked if the Eagle Air Alliance has gone to the Aspen Ski Company or Pitkin County for funding. Jim Lamont, Vail Home Owners Association, said he has seen the presentation and finds it intriguing and compelling enough to ask what other entities they will be visiting in terms of funding requests and a schedule. Myers said they would be making a request to the Town of Avon in September, Town of Gypsum in August, and Town of Eagle in the first part of September. He doesn't have a schedule for Eagle County yet. Lamont said one of the critical points is if Aspen will be contributing to the alliance. Myers said the airport operator can raise fees but it affects all tickets. He said the more important issue is time, the longer we take to make the initiative in supporting and Town Council Minutes for August 16, 2011 Page 6 being the leading edge and overcoming I -70, the more critical it becomes. He said additional points of service, Washington - Dulles, San Francisco, Houston, and more international flights can bring people in to Eagle County. Rogers said she is in favor but said the Council has a responsibility to find out if there is a Return on Investment (ROI) for the community. She wants some solid data before she will vote in favor. She urged all other entities to do their homework so this can move forward rapidly and be supported by all of them. Tjossem asked about the low cost carrier. Myers said they typically want a contract for long term and fly in two to three days a week. The money needed to be raised is unrealistic. Myers stated this is the greatest resort airport in the country, where our clientele has a huge advantage. We need to leverage this through marketing. Johannes Faessler, owner of the Sonnenalp, stated he wished the community and all of Eagle County would support this project. He said Vail and the County have an extraordinary advantage with this airport. He believes they need to find a permanent funding source. Myers will submit more data for the next meeting. The sixth item on the agenda was a review of the Ever Vail project with the emphasis on introducing the major subdivision, rezoning, and special development district amendment and general phasing of the proposed Ever Vail development. These topics are intended to further the understanding of the specific applications being proposed by the applicant to establish the Ever Vail development. Warren Campbell, Chief of Planning, stated staff requested council continue the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the September 6, 2011 public hearing. Foley asked for PEC meeting minutes. Campbell said they will provide those at next meeting. Alex Iskenderian with Vail Resorts Development Company (VR), said they have a grand opening for First Chair tomorrow, August 17, at 4:30 p.m. and invited Council. Iskenderian said the discussion this evening was primarily about phasing of the project. He stated they will discuss a fairly detailed phasing plan, one possible plan, which is a best guess of how this may go if it went tomorrow. VR took a look at what is important to the town: open space, employee housing, parking, etc. The owners will be in full compliance with all requirements, including through the construction phases. There are one or two exceptions and they will figure out how they will address the temporary deficiencies. The schedule will need to rely on the economy, the real estate market and current high end real estate inventory sales. He said the most likely part of the first Town Council Minutes for August 16, 2011 Page 7 phase is relocating the Frontage Road. The earliest the Frontage Road would move is spring of 2013. The earliest building would begin in 2014. The owners have not received all the required approvals from CDOT. The owners have to have all the approvals and they only have two years to get it done once the approvals are received. Mauriello went through the power point on major subdivision, subdivision and rezoning of Special Development District #4. He said this size project typically has a fifteen year build -out of the project. He said part of the first phase was having the hotel component built as this was important to Council and it made it easier to comply with the requirements. The mountain operations and the maintenance buildings would need to be moved first to relocate underground. Then eighty percent of the retail spaces would be built. Phase one would take 8 1 /2 years to complete, without pause. Major concerns of Council were parking, employee housing requirements, hotel timing and office space replacement. Lionshead Mixed Use 2 (LMU2) versus Lionshead Mixed Use 1 (LMU1) difference is to allow for the heavier service of the mountain operations and maintenance facility. Jim Lamont, VHOA, said he was still confused about the gondola phasing and wanted to know if the gondola was part of the underground phasing. Iskerderian said it is not part of that phasing at this time. He said the gondola could be built and the parking supporting it would be on the west side of the property. Campbell asked the council to continue the five items. Tjossem asked how long the rest of the process for this project will take to go through Council. Campbell said hopefully this will all be done by December. He said the topics for the next meeting will be the questions from the master plan and tonight's questions. Mauriello said the Developer Improvement Agreement (DIA) is the next topic of discussion. Daly agreed that discussion of the DIA sooner than later is optimal. Daly requested this item be delayed to the September 20 council meeting as there will be a couple of Council members out for the September 6 meeting. Donovan made a motion to continue the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the September 20, 2011, public hearing; and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 5 -0. The seventh item on the agenda was a request by the owners of 45 Forest Road for the permanent use of the Forest Road Right of Way (ROW) for permanent structural shoring by means of soil nail anchors for remediation of existing structural components and for new foundation walls. Town Council Minutes for August 16, 2011 Page 8 Tom Kassmel, introduced the general contractor for the project, David Viele, with Viele Construction. Viele introduced Mark Donaldson, architect, Tony Falhaber, project manager and Jim Wear, attorney for the project. Viele talked about the design issues of the foundation walls on this property. The existing conditions are unsightly and need repair, but they are on town property. A major portion of the house gets torn down and the renovation is comprehensive. He went through the steps on how to accomplish the removal and replacement of the current walls to shore the foundation walls. Daly asked if the wall was in the same place as the old one. Viele said yes. Tjossem asked about the two parking spaces being removed. Viele said the parking spaces were granted, not required. The owner has agreed to abandon two parking spaces. There were other options; however, this option is the best solution due to the grade issues and it wouldn't be as intrusive as others. In summary, he said the owner is willing to repair and support, in perpetuity, the foundation wall which is on town property. This design is providing a solution that is the least impactful of all the options available. Tjossem asked if there were other properties in Vail that this may happen to in the future. Kassmel said he can see a few other properties that may need this. He said there is some uniqueness to this site. Mire said there is no precedential value in approving this project. This project is unique and the removal of the parking is a significant value and town benefit, as well as the repair of the wall. Jim Wear, attorney with Sherman and Howard, recapped the public benefits: 1) stabilizes the road, 2) rebuilds the wall to a better structural condition, 3) removes the two parking spaces, 3) does not interfere with any utilities, 4) encroachments are in the existing driveway, 5) not in the road and 6) adds landscaping and improves the appearance of the neighborhood. He said this is the best solution for this project and the owners would be responsible for any damage to the road. Mire said repairing the road, if there is damage, is part of a standard agreement between the town and the owner. Staff said based on the owner's request and documentation, the staff does support the use of permanent shoring within the Town ROW. Staff recommends that at a minimum the existing retaining wall and existing foundations be allowed to be shored and remediated as proposed in order to maintain the stability of the home, driveway and road for the foreseeable future. Town Council Minutes for August 16, 2011 Page 9 Foley asked Kassmel if staff was comfortable with this proposal. Kassmel said they agree with the applicant's engineering results. This is the least impactful to the town as a whole. He said this is the best practical way to move forward. Rogers didn't see a whole lot of down side in allowing them to do this as it won't be visible and gives the town the advantage in not having to shore up the road. She said just because the town hasn't granted this in the past isn't a reason to not grant it now. Rogers made a motion to approve with four conditions: 1) enter into a license agreement with the town manager which is approved by town attorney, 2)indemnify for loss or damage, 3) the two parking spaces are to be removed and 4) any repairs need to be done in perpetuity by owner. The motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 5 -0. The eighth item on the agenda was a request to authorize the town manager to enter into a contract with Icon, Inc. in the amount of $124,213 for the reinstallation of the Jesus Moroles Granite Amphitheater to the lower bench of Ford Park. Todd Oppenheimer, Public Works, requested the Council award and authorize the town manager to enter into a contract with Icon, Inc. in the amount of $124,213 for the reinstallation of the Jesus Moroles Granite Amphitheater to the lower bench of Ford Park. Daly asked about the electrical with lighted elements part of the sculpture and if the lighting would be on in the evening. Oppenheimer said it would be limited evening lighting, on a timer and will be the first permanent sculpture in Ford Park. Tjossem asked if this piece affects the overall Ford Park Master Plan. Zemler said this piece of art doesn't affect the outcome of the master plan for Ford Park. This site has been designated for AIPP for a long time. Donovan asked where temporary art will be placed if this site is taken by a permanent art sculpture. Oppenheimer said there are more places in the lower bench to have temporary art. Daly asked if this piece should be sold. Rogers said no. She stated it was a good investment for the town and it's a draw for our Mexican tourists who support this particular artist. She said this is a great place for this piece and will help revitalize Ford Park. She said Vail is very fortunate to have this piece of art in its collection. Daly made a motion to authorize the town manager to enter into a contract with Icon, Inc., in the amount of $124,213 for the reinstallation of the Jesus Moroles Granite Amphitheater and the motion was seconded by Rogers. A vote was taken and the motion passed, 4 -1, Tjossem opposed. Town Council Minutes for August 16, 2011 Page 10 Jim Lamont, VHOA, said his association questions the value of the piece, the location of the piece in Ford Park and said the money could be used for other projects. The ninth item on the agenda was the contract award for the renovation of the Red Sandstone Park play area. Todd Oppenheimer, Public Works, said the renovation of the Red Sandstone Park play area is a part of the Town of Vail Playground Safety and Improvement Plan which began in 2002. As with previous play areas, staff has worked with an artist recommended by the Art in Public Places Board (AIPP) to develop a unique and artistic play area. The design has been approved by the AIPP Board and the Design Review Board and was discussed at a Council work session in May, 2011. Staff received five bids for the project. Based on the lowest bid, the work can be completed within the project budget of $464,000. Staff recommended awarding the contract to R.A. Nelson Construction in an amount not to exceed $320,475. Daly made a motion to award the contract to R.A. Nelson and to authorize the town manager enter into a contract with R.A. Nelson with an amount not to exceed $320, 475, and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 5 -0. Oppenheimer stated Booth Falls has a playground that needs to be repaired but staff also wants to go before Council in the future for a playground in the Lionshead commercial core area as well. The tenth item on the agenda was second reading of Ordinance No. 18, Series of 2011, an ordinance rezoning the Ruder cemetery, Red Sandstone Park parking lot and Parcel G of the Residences at Briar Patch from residential districts to open space and recreation districts. Warren Campbell, stated on June 27, July 11 and July 25, 2011 the Town of Vail Planning and Environmental Commission (PEC) forwarded recommendations of approval for the Zoning map amendments for the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch. On August 2, the Council approved the first reading of Ordinance No. 18, by a vote of 7 -0 -0 and the Council also approved the associated Resolution No. 15, Series of 2011, contingent upon the adoption of the ordinance on second reading. The associated Resolution No. 15, Series of 2011, changed the Land Use Plan map designations for the three properties from residential categories to open space. Donovan made a motion to approve Ordinance No. 18 on second reading, and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 5 -0. Town Council Minutes for August 16, 2011 Page 11 The eleventh item on the agenda was adjournment. Tjossem made a motion to adjourn and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 5 -0. The meeting was adjourned at 9:50 P.M. Respectfully submitted, Kevin f6ley, Acting MIN Pro -tem Attest: +s ZV I LL L rel i Donaldson, Town Clerk ~ ARP Town Council Minutes for August 16, 2011 Page 12 Vail Town Council Meeting Minutes Tuesday, September 6, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kerry Donovan Kevin Foley Kim Newbury Susie Tjossem Members absent: Andy Daly Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Richard Ten Braack, Director of the Vail Chamber and Business Association, announced the Vail Automobile Classic would be held on Bridge Street and at Mountain Plaza on Sunday, September 11. The second item on the agenda was the consent agenda. There were four items on the consent agenda: 1) Approval of the August 2 and August 16, 2011 Council meeting minutes; 2) EHU Release - Gardner; 3) EHU Exchange - 2 Proposed Exchanges; and 4) Resolution No. 16, Series of 2011 Under item 1: Foley moved to approve the minutes from August 2 and 16 (the latter with minor corrections), with a second from Donovan. Cleveland and Newbury recused themselves from voting on the August 16 minutes, since both were absent from the meeting. Thus, the minutes from August 2 passed unanimously, 5 -0; and the minutes from August 16 passed 3 -0 -2, with Cleveland and Newbury abstaining. Items 2), 3) and 4) were discussed briefly; with Housing Coordinator Nina Timm assuring Council that Gardner was the second of two existing lots in Vail between Town Council Minutes for September 6, 2011 Page 1 14,000 and 15,000 square feet and that the ordinance governing this type of EHU was changed after the unit was in place. In regard to item 4, Resolution No. 16, Foley noted it was time to get into the 21s Century with regard to filming Council meetings and was pleased the town was partnering with the Town of Avon on this project. Tjossem moved to approve items 2, 3 and 4, and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 5 -0. The third item on the agenda was the Town Manager Report. The first item was the revenue highlights overview. Kathleen Halloran, Budget Manager, stated upon receipt of all sales tax returns, July collections are estimated to be $1.5 million, up 19.9% from last year. Year to date collections of $12.2 million are up 10.9% from prior year. Year to date revenue is up 13.4% from the original budget and up 5.0% from the amended budget. She also said the Real Estate Transfr r Tax (RETT) collections through August 30 total $2,640,994— down 33% from this time last year. Annual budgeted revenue of $4.7 million is a 32% decrease from 2010 collections and is pacing with the budget. Collections not related to major redevelopment projects currently total $1,426,064, down 22% from this time last year. In summary, across all funds and revenue accounts through August 30, 2011, total revenue of $34.7 million is up 1.9% from budget and down 4.0% or approximately 1.5 million from this time last year, mainly due to a decrease in RETT collections 1.3 million). We have currently received 61 % of total budgeted revenues for the year. The second item on the town manager report was the discussion of the EGE Air Alliance statistics. Kent Myers with the EGE Air Alliance was available to answer Council questions regarding his analysis of the incremental tax revenue generated, which is the basis for his request for $30,000 in 2012 funding. Tjossem asked if there was a way to get a tie - in to actual booking for lodging. The fourth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's (DRB) denial of a design review application, to allow for landscaping changes adjacent to the Covered Bridge, located at 246 East Meadow Drive (Slifer Square)/Tract I, Block 5E, Vail Village Filing and Bridge Street right -of -way, and setting forth details in regard thereto. Warren Campbell, Chief of Planning, presented information regarding the call up appeal of the Design Review Board's (DRB) August 3, 2011, denial to remove trees in Slifer Square. Council recognized the DRB had acted in accordance with the current Town Council Minutes for September 6, 2011 Page 2 town regulations. Donovan moved to review the town's overall policies specifically as they apply to town recognized /recorded view corridors, with a second from Foley. Tom Dubois, a member of the DRB noted a couple other applications for removal of trees had recently been denied by the DRB, as a matter of note. A vote was taken and the motion passed unanimously, 5 -0. The fifth item on the agenda was Resolution No. 17, Series of 2011, A Resolution Approving the Employment of Rothgerber Johnson & Lyons LLP as Special Counsel; and Delegating Certain Powers to Council Member Margaret Rogers in Connection Therewith. Matt Mire, Town Attorney, introduced the item stating the attorneys who appeared at the last Council Executive Session were unable to come to this meeting. Newbury questioned whether it was wise to "delegate certain powers" to a Council Member who she certainly hoped would be re- elected but that there was not total assurance as to that outcome. Mire responded a one -time reading of a future resolution could change that designation. Cleveland also questioned the same issue, stating "the Council acts as a group. Mire stated discussion occurred at the previous Executive Session about this designation, at which time both the Mayor and the Mayor Pro Tern were absent. John Rediker, resident and member of the Planning and Environmental Commission PEC), had several questions about the need for the town to enter this class action suit,stating it would be a lengthy process even to get the class certification. He asked what the recovery range might be and stated "the recovery is what the recovery is." His concern being the town could end up with pennies on the dollar. It might be better to go it alone. He also inquired as to whether the appropriate background research hadbeendoneontheselawfirmsandhowvestedtheAtlantafirmswouldbeinVail, Colorado. Foley made a motion to approve the resolution but to rescind the resolution language naming Margaret Rogers with certain delegated powers, and the motion was seconded by Donovan. At this point, Mire stated there was no time sensitivity on this matter so it could be rescheduled for a time when the attorneys could be present. Foley withdrew his motion, as did Donovan her second. Cleveland moved to table the item to the September 20 meeting while eliminating the language re: Rogers, with a second from Foley. A vote was taken and the motion passed unanimously, 5 -0. The sixth item on the agenda was the Lionshead Welcome Center update. Page 3TownCouncilMinutesforSeptember6, 2011 Tom Kassmel, Town Engineer, stated the project was scheduled for completion in three months and construction was currently 2 weeks behind. Suzanne Silverthorn, Community Information Officer, introduced Henry Beer and Janet Martin with CommArts /Stantec to discuss the Phase I recommendations. This phase is to address two items: 1) program the guest service space in the Lionshead Welcome Center to include recommendations for the future role of the existing Lionshead Visitor Information Center on the Frontage Road; and 2) assess the existing town wide signage /wayfinding system and recommend improvements to enhance the guest experience. Beer stated this work was done with an eye toward the approaching milestones of the 50 Anniversary and the World Championships when Vail will receive increased international attention and media exposure. Emphasis has been placed on the "wow" factor and the creation of an emotional connection to Vail. Opportunities with the tower portion have been discussed with 4240, creating higher visibility and identity. There will be no ambiguity about where to enter the building. The interior will be comfortable and sequestered, intensely social but intimate. While recognizing moving the stairs on the north side is somewhat controversial, it is better to have the space right in the first place, so standard excellence is the expectation. The graphics will be clean and simple and there will be some hardware installed in both centers. A continuing list of recommendations for signage will be put in place over time. Banners are suggested for the Frontage Road and East Lionshead Circle. Transit stops will also serve as rich and highly interactive data points to support the town's robust transportation system. Cleveland asked whether all these electronics would work in -20 degree weather. Beer responded a pilot program was currently underway at North Star and all installations would be tested before they are put in. He also added that color coding is just one of eight components (shape, type, face, color, etc.) that help individuals find their way. Not everyone responds in the same way. Tjossem questioned whether the international I" would be used to identify the building. The back entrance from the parking structure was discussed. Newbury felt it was wrong to have guests leave their cars to walk outside and around the building in order to access the main entry off East Lionshead Circle. She further state it was counter - intuitive to go around the building. Beer responded it was an 18 -20 second walk. He stated the cost benefit is not there for a $7 million building. No one will even miss the door. Kassmel said if we miss the September 15 date, it could cause problems. Beer said the food service decision delay has affected the timetable, but with its elimination, the full scope and use of the space is now available. Silverthorn asked if the Council was comfortable with the programming concepts. Foley asked for confirmation these dollars were coming from TIF funds. Kassmel said information was included in the current budget, but nothing for electronics, large screen, interactive screens, etc. The additional cost for 2011 is $404,800, with another Town Council Minutes for September 6, 2011 Page 4 304,700 in 2012. Silverthorn said direction for the expenditure was needed now so it could be included in a future supplemental and construction could continue. She asked again for direction on the final design. Bob Lazier, commercial property owner in Lionshead, agreed with Newbury that the natural flow was through the north side or back door of the space. Foley confirmed the elevator complied with ADA requirements. Donovan asked Kassmel specifically whether they needed the back stairs. Kassmel stated that originally they were a part of the design, but with the change in food service to the Welcome Center, there was now merit to removing them entirely. Foley said it was wrong to force visitors out into the rain or a blizzard. Cleveland stated it was disappointing to be back to two information centers, as the direction from Council had been just one. At this time, Council members Tjossem, Donovan, Newbury and Cleveland gave direction to change the design to eliminate the back stairs and to proceed with a later supplemental to fund the 2011 additions. The seventh item on the agenda was a review of the Lionshead Transit Center Phase III - Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects and a selection of the preferred design concept. Tom Kassmel, Town Engineer, opened the item by restating conclusions for the East Mall Plaza from the previous meeting: relocate the bus shelter out of View Corridor 1; loading and delivery will occur at the north side of East Lionshead Circle where the shuttles park and as planned at Arrabelle; no concert special events here; remove stage and 400 amp power from shelter; include lawn /boulder green space feature; and do not update Lionshead Master Plan to revise build -to lines to accommodate this project. In regard to Concert Hall Plaza: provide snowmelt only at sidewalk along circle, not at street; and overall, the plan provides for functional goals balanced with aesthetics. Lionshead merchants were also included in these discussions so two concepts will be presented: the revised Town Council concept for the East Mall Plaza and the Lionshead Merchant Concept. Mary Hart, designer, explained the differences in the two concepts. Newbury asked, regardless of the outcome of this discussion, for consensus on renaming the entry to Lionshead. There was general Council agreement. Kit Williams, Lazier Commercial Properties, and representing about 30 -40 merchants, spoke about keeping the arches in their current location; opening up the mall into nice, clean, open access areas; providing more space for events in the summer; and providing more space for bicycles and skateboard traffic. Bob Lazier, owner of property in the mall, asked to leave the arch where it is. Cleveland stated the bus stop was too remote, too far away. Newbury asked if the shelter could be moved closer. Allen Peterson, President of the Treetops Condominium Association, stated the mall area needs help and this is a good effort. He favors the merchant's request to keep the arch in its present location. He stated a concern with a Town Council Minutes for September 6, 2011 Page 5 drainage•issue at tie neck of the driveway, with more snowmelt creating even more water. He asked the town to investigate what can be done. Michael Hecht, owner of the Treetops Commercial Center, said he preferred the merchant's plan and for an additional $30,000 Council would be supporting more vested interests. Williams said it was a good compromise to move the shelter forward. The owner of Double Diamond, Tom Sapiro, asked whether a view corridor could be changed. Foley suggested a hybrid of both, including moving the shelter up, was appropriate. He also said a water feature was needed. Tjossem stated leaving the arches where they are creates a pinch point, and the lack of landscaping makes this area feel barren. She said meandering, informal pathways are needed. Newbury said there could still be a lawn. Donovan said we still need to duplicate Slifer Square and that will require more landscape. Cleveland noted that not that many people arrive by bus; they're primarily leaving the mall. So they're not really seeing the arches anyway. Stan Zemler, Town Manager, said the current plan does respect the merchant's desires and there may be room for a pop water feature. Hart asked for Council direction. There appeared to be consensus on moving the bus shelter closer. Foley said the Tree Tops drainage needs to be attended to. Greg Hall, Public Works Director, stated there could be another opportunity at Sun Dial Plaza for a water feature. Newbury called for further compromise. Hart said she would work with the merchants and understood the mandate to stick to the budget. The eighth item on the agenda was adjournment. There being no further business, Foley made a motion to adjourn and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 5 -0. The meeting was adjourned at 9:15 p.m. Respectfully submitted, Dick Cleveland, Mayor o. •••.- 004 Attest: SEAL or lei onaldson, Town Clerk 'iriRpd utes taken by Pam Brandmeyer) Town Council Minutes for September 6, 2011 Page 6 Vail Town Council Meeting Minutes Tuesday, September 20, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:15 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kerry Donovan Kevin Foley Kim Newbury Susie Tjossem Andy Daly Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Louise Funk, former school board member and chairman for the committee for Ballot 3B, said for the past three years the Eagle County schools have suffered cuts of revenue from the state that the Eagle County schools have made $9 million in cuts outside of classrooms, bus rotations, computer rotations, and support staff. Also, the personnel in the accounting department have gone way down, and the school district has utilized reserves in order to keep the cuts out of the classroom. She said the only place left to make cuts will be in the classroom, cut student contact days down by three days and look at possible school closures. She said the Eagle County schools budget is bare bones. She is heading up a campaign to ask the voters for a mill levy increase with a cap of $6 million. This is a way for the school district to fill in the shortfall of funds for the next several years. Daly asked if this goes away in a few years. Funk stated it will never go away; it's a permanent funding increase. She also said pay for performance is 100% in Eagle County and is a trend setter. Bill and Melinda Gates recognized the Eagle County School District in education reform. Funk asked Council to consider a resolution in support of the Eagle County school system and Yes on 3B county ballot issue. Mike Cacioppo said in 2005, student expenditures were $10,200 per student and it has expanded each year. He said Onofrio stated the cost was $7,500 per student. He confronted Onofrio with the discrepancy in the figures. He said public school system Vail Town Council Minutes of September 20, 2011 Page 1 was misleading the public. Cacioppo stated that if the public wanted the truth to contact Onofrio. Cacioppo doesn't feel the residents of Eagle County need another permanent tax. Millie Hamner, Colorado State Representative for House District 56, introduced herself to Council and constituents and said she was getting reconnected to all the town councils and county commissioners in her jurisdiction. She said she was involved in the school 3B question in Summit County a year ago. She went from retired superintendent and is now a district representative. She taught for 23 years in the Eagle County School District. She has been appointed to the House of Representatives Education Committee and the Transportation Committee and is involved with the Colorado Municipal League. A legislative update was handed out, and she said redistricting may change the current districts she represents. Eagle County will be in her district next November. She has a two -year term and plans on re- running in November of 2012. The second item on the agenda was the consent agenda. Cleveland read into the record a request to authorize the release of a deed restriction on Lot 9, Block 7, Vail Village First Filing, and providing a replacement restricted employee housing unit that will be three times the size of the current employee housing unit now provided. Nina Timm, Housing Coordinator, said this deed restriction release of this unit is in compliance with the town's zoning and employee housing unit exchange program. She said this was similar to a request the Council has seen in recent meetings. Donovan asked to get with Timm at a later date to get familiarized with the process. Daly made a motion to authorizing the Town Manager execute the release of the EHU at Lot 9, Block 7, Vail Village First Filing and accept the exchange; and the motion was seconded by Newbury. A vote was taken and the motion passed, 7 -0. The third item on the agenda was the Town Manager Report. There were four items under the town manager's report: 1) USA Pro Cycling Recap /Review; 2) Divas Half Marathon Recap; 3) Update on the Frontage Road Improvements; and 4) Municipal Site Redevelopment Update. 1) U.S. Pro Cycling Challenge. Adam Lueck and Ceil Folz, with the Vail Valley Foundation (VVF), thanked the Council and the community for supporting this event. Folz presented a short recap video of the USA Pro Cycling Challenge. She said there was estimated to be 30,000 people in attendance. All parties involved worked very hard to make this event a success. The bus services throughout the county and town Vail Town Council Minutes of September 20, 2011 Page 2 worked great. The lodging comparison at this time from last year was up; there was an increase of 18% on Wednesday, 31% increase on Thursday, 14% increase on Friday and 5% increase on Saturday compared to last year. The intercept survey would be available next week. She said the Vail exposure was fantastic; the cycling challenge was broadcast live to 161 countries; was the largest television event ever in cycling; the two hour live show was in 150 million households. The media impressions were amazing. Lueck said the tour tracker was an online mechanism for showing the race. The downloadable application numbers had 150,000 unique users, 580,000 launches of the application; it also cracked the top ten download list at #5; on the I -Phone it was #7, and #4 on the I -pad. The social media was also a success with their Facebook page at 43,000 hits on the tours and the website was a tremendous success with 2.5 million page views. Folz said the joint organization sharing was fantastic. Vail was the only tour site that had a joint Local Organizing Committee (LOC). The merchant feedback was great and the resource sharing was also a success, thanks to the police departments from Vail, Breckenridge, Avon and the sheriff's department. Public notifications were great, there were very few complaints and the food venue layout was ideal. Lueck said areas for improvement came out of the wrap up meeting with the LOC. Improvement areas included refinement between LOC and lodging community. Over 30 properties were utilized. Managing last minute changes was a challenge, and role responsibilities needs refinement. Next year the VVF and communities need to build on this year's success and plan on how to make it bigger and expand it next year. They need to allow more local vendors in the tour and Vail's local branding needs to be included more. The decal stickers may not be enough. They need to come up with what is the next new cutting edge piece to make Vail unique and make Vail stand out. Lueck said other challenges are Vail merchandising, creating a jersey that is Vail specific tied to the race and expanding ancillary events. 30,000 people followed the tour and moved from place to place with it. There is an opportunity to packaging with other host communities to get these guests into the hotels instead of camping and collaborating with other host communities to get as much lodging revenue as we can. Folz stated the VVF has great relationships with Medalist and tour folks. There are over 40 cities bidding for next year's race. The VVF will do all they can to bring it back next year. The time trial was a pivotal point in the race. The Request for Proposal's (RFP's) came out and they want to jump back in the process. The recap for the whole tour was happening next week with all the other organizers and representatives from the other cities meeting in Vail. She said the budget was $440,000 for the total cost to bring this event to Vail and Avon and the town gave $200,000 of that amount. Folz also thanked Vail Town Council Minutes of September 20, 2011 Page 3 Lueck for a fantastic job, as he worked every single stage of the event as well as the local stage. Daly asked what Vail was applying for next year. Folz said the time trial was the focus as it's the only piece of the original Coors Classic as part of the tour. It would be great to be able to always say Vail is a constant part of the tour. The VVF will be looking at this point with Medalist. She said the time trial ties all the races together. Rogers said this was an awesome event. Folz said Sean Hunter from Medalist was in Vail with his family and the story in the Vail Daily that week was great. Cleveland said the vibe in town was one of the best in the community for years and thanked the VVF for a job well done. He said people who have been in Vail for years said it was one of the best days ever in Vail. Foley said it looked great on television as well as he was out of town. Council thanked the VVF for a job well done. 2) Divas Half Marathon Recap. Laurie Asmussen, was hired to assist with the Continental Event, Divas Half Marathon on August 19 -21, as a local producer, said the economic impacts were given to Council, staff and the public. She said the town welcomed this event and thanked the town staff for all their help. She also thanked the community for their patience as there were extensive road closures. There were people from 39 states participating in this event. They stayed in Lionshead for approximately three nights. The producers of the event were happy with the results. Vail was their sixth site and they want to come back to Vail. She said this event was recruited by the local marketing district. Newbury asked that in the future the event organizers need to take into account people on bicycles around town, as it was difficult to get into town on bicycles. Asmussen said the producers and organizers learned a lot this year. They had challenges including the routing, timing, signage and other items need to be addressed next year. Donovan said the Continental group used the same banners and arches as other event sites and said next time they need to have more Vail branding in the event. Cleveland agreed. Asmussen said the altitude was a challenge for this event as they were expecting more people plus in -state marketing needs to be more refined. Cleveland said the local marketing district needs to be included in the process to help the event organizers make this event better. 3) Update on Frontage Road Improvements. Greg Hall, Public Works Director, said CDOT has required the town to come up with a plan on how the town utilizes the frontage roads for parking. State traffic engineers came up with a plan on when the town can utilize the frontage roads. There is a 4 to 30 day overflow that is the standard that is in place between Ford Park and Pulis Bridge. This area needs 10 feet of hard surface to meet the standard. Adding two feet of asphalt to the roads meets Vail Town Council Minutes of September 20, 2011 Page 4 this standard. The town is currently using the Frontage Road more than 30 days. Other areas being utilized are the frontage roads near Middle Creek, Safeway and West Vail Fire Station. Estimates that have been done show it will cost the town a significant amount of money; over $4 million in improvements in one to two years. The concept was to implement over three years. The Ford Park area improvements are being done this year. The Main Vail roundabout to Aspen Lane is completed. Making improvements to the Lionshead area is scheduled for 2012. The proposal includes work on the Frontage Road near Cascade in 2013 and moving down to West Vail past Cascade. CDOT wants the Safeway area done in 2013 and Cascade in 2014. Middle Creek improvements are close to $1 million. He had a conference call with CDOT and they are in agreement with the town's plan. CDOT is willing to go with a long term commitment. Tjossem asked if the Intermountain Road neighborhood is ok. Hall said they still get calls as the road is rough.. Cleveland said the long term goal is to have ample parking so the Frontage Road is not used at all. 4) Municipal site development. Steve Virostek, representing Triumph Development, reviewed with the Council what they have been doing for the last 4 months; working with the current municipal site and coming up with a medical office building and redeveloped municipal building, as well as a Steadman Philippon Institute. He reviewed site constraints, space requirements, formulating costs, alternatives, etc. The redevelopment of the site begins from the elevator in the Municipal Building and going west to the Community Development building. There would be 55,000 square feet for medical offices; 21,000 square feet for municipal use; with 19,000 square feet of usable space; and 220 below grade parking spaces. There is proposed to be a pedestrian bridge to connect this building to the Vail Valley Medical Center (VVMC), a relocation of the helipad and they will continue to study the design program for space for twelve doctors; 13,000 square feet for the Steadman Philippon Institute, and 8,500 square feet of space for the Howard Head group. The current site works for all the proposed uses and the VVMC, Steadman- Philippon clinic and Institute folks are excited about this project. The next steps would be to do detailed study of feasibility and preliminary discussion with CDOT, soil conditions, financial structure and formulate into a Memorandum of Understanding (MOU) and further study that makes sense to all parties involved. Cleveland asked what the time frame was for the next steps. Virostek said an MOU is the driving factor and that can be done in the next 90 days to see if it makes sense to continue to investigate this site. A geotech analysis, CDOT requirements, finances and design can be studied during the next 90 days as well. Daly said in the memorandum, it was stated that the cost was $2.5 million for the current site. He wanted to know if this meant the town would have to come up with an additional $7.5 million. Zemler said 21,000 square feet is the correct number for square Vail Town Council Minutes of September 20, 2011 Page 5 footage for the municipal building and the cost would be approximately $10 -14 million. Virostek said the site is difficult, CDOT has structural issues and they will begin budgeting the numbers. He said these are ball park costs and are conservative. They need to keep parking to two levels below grade instead of three and a half levels. Mike Cacioppo said this is the first he has heard of this project and wants to understand more about what it is. He said the taxpayer would have to come up with more money to build a new building for private medical offices and look at an ugly pedestrian bridge. He didn't think taxpayers would give up space to get medical office spaces. He can't imagine giving up any of this land to add two private businesses. He asked how much it cost the taxpayers to do this feasibility study. Daly said the town paid $33,000. The fourth item on the agenda was an appointment to the Building and Fire Code Appeals Board ( BFCAB). A vacancy was created when a board member resigned. The Council interviewed the one applicant that submitted a letter of interest for this board which term expires March 31, 2014. Newbury made a motion to appoint Greg Conway to the BFCAB and the motion was seconded by Rogers. A vote was taken and the motion passed, 7 -0. The fifth item on the agenda was Resolution No. 18, Series of 2011, a Resolution Approving a Compliance Agreement between the Town of Vail and Comcast of Colorado VI, LLC; and Setting Forth Details in Regard Thereto. Matt Mire, Town Attorney, said this was a result of an audit done in 2010. He said the Franchise Agreement remains in full force and effect and is extended on a month -to- month basis pursuant to Section 626 of the 1984 Cable Communications Policy Act on October 19, 2010. Comcast of Colorado VI, LLC ("Comcast") provides cable television service within the Town under a franchise agreement that expired on January 5, 2011 the "Franchise Agreement "). The Town Council directed staff to hire a third party to inspect and audit the cable television system, and the associated report, found between 1,500 and 2,500 technical violations of the current Franchise Agreement. The Town and Comcast wish to enter into a Compliance Agreement (the "Agreement') to outline the terms under which Comcast will remedy the violations identified in the audit. Proof of compliance with the current Franchise Agreement is required prior to Council considering a new Franchise Agreement. Comcast has come up with a plan and most of the violations will be remedied by December 31, 2011. A $50,000 letter of credit is required and applies until a franchise agreement has been signed. This only addresses the violations in the report. Vail Town Council Minutes of September 20, 2011 Page 6 Rogers said this was a good compromise. James Harrison, resident of West Vail, said he thought the main government channels were supposed to be free and they are now included in the basic cable fee. He wants the town to check to see if they are supposed to be free. He also said Direct TV doesn't have these channels at all. He thinks this is a violation of the law. Mike Trueblood, from Comcast, said the limited basic tier includes the government channels. However, he doesn't know if the four government access channels are supposed to be free and separate from the basic tier. He will follow up with Comcast. He said technically you have to be a subscriber to access these channels. Comcast provides the channel space to the local provider but these channels may not be accessible to subscribers. Mike Cacioppo, said back in 1970's the Vail public was entitled to four channels and most of the time it was free. Prior to cable there was an over the air translator which got poor signals. He said the town doesn't have to have a renewal franchise agreement. He asked if the Council was doing anything to encourage competition to bid for a cable franchise agreement. Cleveland said there has been no viable competition so far. Cacioppo stated that Comcast should provide multiple cameras, switchers and much better equipment in the Town Council Chambers if they are going to be a monopoly. Stan Cope, representing three Vail lodging properties, said they have several concerns. Comcast won't discuss contracts with lodging properties for the new HD channels for less than five years long. The private sector should have a say in this agreement and what is negotiated. The issue is Comcast is the only alternative at this time. Guests love the local channels; weather, ski school update, etc. and the only way to get those is to have Comcast. The community needs help negotiating bulk rates for lodging properties. He wants an audit as the cost of renting boxes for every HD television will increase their costs 50 %. They used to get free boxes and now paying $5 -$10 per box for each television. Daly said to get with Ron Braden, town IT Director, to get the issues so the town can look at the issues during the negotiation of the franchise agreement. Trueblood said three devices for standard definition are free and Hi- Definition boxes will be extra and each subscriber needs a box for each television set. There are many issues to address during the new franchise phase. Foley made a motion to authorize the town manager to sign and enter into the compliance agreement with Comcast and approve Resolution No. 18, and the motion was seconded by Rogers. A vote was taken and the motion passed, passed 6 -1, Newbury opposed due to continued criticism of Comcast's performance in town. Vail Town Council Minutes of September 20, 2011 Page 7 The sixth item on the agenda was the East Vail Utility Project Award. Chad Salli, Project Engineer, said the East Vail berm utility project is located in the Bald Mountain neighborhood on Town of Vail Tract A and I -70 Right of Way. The scope of the project includes relocation of water and sanitary sewer mains and drainage improvements to facilitate the west phase of the sand storage berm. The town received six bids for the project, with Schofield Excavating, Inc., the apparent low qualified bidder. He requested the Council authorize the Town Manager to enter into an agreement, approved by the town attorney, with Schofield Excavating, Inc., in an amount of 193,285.16 to complete the project. Cleveland asked what the town's portion of this project is. Salli this is for the utility relocates. He said the town will pay for it and be reimbursed by the partners. $10,000 from the water district is in their minutes. The rest is on good faith as the homeowners in that area said they would pay their share of costs in 2007 or 2008; and in 2006 CDOT said they would contribute an undetermined amount. Rogers said her concern is if there is not a commitment in writing, they may back out. Daly made a motion to approve the East Vail Utility Project to Schofield Excavating, Inc., subject to executing an IGA from CDOT for a minimum of $100,000 as well as getting written confirmation of $20,000 from the homeowners and from the Eagle River Water and Sanitation District for $10,000; the motion was seconded by Rogers. A vote was taken and passed 7 -0. The seventh item on the agenda was a discussion of the 2011/2012 Winter Parking Plan. Greg Hall, Public Works Director, stated each year the council approves the winter parking policy objectives, parking rates, parking pass prices and use rules outlying parking areas and any operational changes for the upcoming season. He went through the memorandum and power point with Council. Revenue neutral didn't happen as Solaris took away from revenue. Jason Bastick, representing Solaris, stated their parking garage had available parking 20 -40 days depending on time of year, similar to the town. Solaris hasn't decided on what next year rates will be; possibly $22 -25 rate on weekends and $20 in the summer from Monday through Thursday. Vail Town Council Minutes of September 20, 2011 Page 8 Discussion of different pass structures and where they can park was discussed in further detail. Frontage road placards near Middle Creek was cut off at 60 vehicles and 50% of those vehicles were from Four Seasons Resort. Cleveland said to discontinue the Frontage Road placard and replace it with the pink pass to simplify the process to work on the Frontage Road and at Ford Park. Newbury agreed with Cleveland. Tjossem asked if improvements would have to be done. Hall said not until 2014. Staff's recommendation to charge oversized vehicles (RV's) for parking in the charter bus lot at $25 per vehicle was also approved; however buses were to remain free. The town staff will also work with the Nordic Center at the Vail Golf Course Clubhouse for peak and non -peak skier parking arrangements. Mike Cacioppo asked what people do if they have a gold or silver parking pass if the structures are full. Hall said the town holds back spaces for those pass holders. Cacioppo said overall the structures work fine. He asked to have enforcement in the structures and if a vehicle takes up two spaces they need to be ticketed. He sees this all the time and wants this enforced. He also wants signage stating there is a stop sign at the exit of the Vail Transportation Center. Daly made a motion to approve the winter parking plan with modifications as noted earlier, and Donovan seconded the motion. A vote was taken and the motion passed, 7- 0. The eighth item on the agenda was a presentation of a revised concept plan for Lionshead East Mall Plaza Streetscape Project. Tom Kassmel said options were presented within the past few weeks. He described the changes and the proposed new plan. Mary Hart discussed where they started and where they were now. The new plan included a bus shelter that is smaller and is now 30 feet back. Leaving room for a bit of lawn and boulders brings the plan into budget. Other things that went away are the two crosswalks and paving and snowmelt on the bus loop. This has a clear path into the core of Lionshead and meets budget. Tjossem said they did a good job hearing their concerns and bringing it into budget, Kassmel discussed other alternatives and additional costs for additional alternatives. Bob Lazier said he supports the crosswalks being heated and would prefer to see the arch where it is now. He said to price additional costs out as alternates. Daly agrees. Newbury liked the compromise and getting it under budget. Rogers is concerned about the loading and delivery areas. Get the deliveries out of this area all together and only have courier services. Vail Town Council Minutes of September 20, 2011 Page 9 Tjossem made a motion to approve the modified design concept and moving the archway and Newbury seconded the motion. A vote was taken and the motion passed 6 -1, Foley opposed. The ninth item on the agenda was a work session to focus on addressing several questions that were raised at the August 2nd Town Council public hearing which focused on wrapping up the discussion pertaining to the proposed Master Plan amendments for the Ever Vail development. Warren Campbell, Chief Planner, responded to the questions Council had from the previous hearing and asked for clarity on several topics so amendments to the proposed text contained within Resolution No. 6, Series of 2011 can be wrapped up and presented at a future hearing for a vote. One of the topics discussed was the view corridor over the Eagle River Water and Sanitation District ( ERWSD). In review, staff believes there is value to adding a fourth view corridor to the project and said there is a very good view to the Gore Range from the project. The ERWSD submitted a letter in objection to this view corridor. Cleveland suggested the height step -backs to Glen Lyon office building site be reduced from three to four stories to two to three stories maximum. Mauriello, applicant representative, discussed the timeline of the project. He explained why the applicant meets the current requirements and compared other projects in town to this project. He said the applicant wants to stick with the language that is there today. They want to keep this unchanged in the master plan. Cleveland said he wanted step backs along Gore Creek and this presentation has not changed his mind. He feels this needs to be mitigated. Rogers agrees with Cleveland. Tjossem stated Council needs to remember this requirement would require the applicant to increase other stories to other buildings. Foley said they just want to see step backs. Cleveland said doesn't want to see three stories along the creek. Daly is comfortable with the way it was presented. A show of hands from the Council; from Donovan, Cleveland, Foley and Rogers; directed the applicant to have two to three stories as the guidelines for the buildings along Gore Creek. Additional discussion on the view corridor ensued. Council said there is a need to protect the view but a view corridor doesn't need to be created. Diane Johnson, representing the ERWSD, said the district is not asking for the relocation of the ERWSD be a requirement of this application. She said a study done in January of 2009 stated it was possible to relocate within Ever Vail way down the road. Vail Town Council Minutes of September 20, 2011 Page 10 Jim Lamont, representing the Vail Homeowners Association (VHOA), said the plant is forever. He wants to know how the public can be assured that there will be a qualitative and aesthetic element to the ERWSD down the road. Campbell said the same regulations would apply and the same design standards would apply. Rod Slifer, a resident, said having been involved in the discussion for Ever Vail, it's important to keep it moving forward. He said what makes Vail great is improving the product for a great community and great skiing. Ever Vail will add to the resort experience and don't lose sight of that and keep this process moving forward. Andy Norris, a resident on Westhaven Drive, gave a brief background of the area. When the Glen Lyon Office Building (GLOB) was approved, it had to receive over 75% written approvals for the GLOB site to be moved into the Lionshead master plan and that included height covenants for this area. The neighborhood is in support of Ever Vail. Campbell said staff will be back with the changes discussed tonight. The next steps are to focus on the Developer Improvement Agreement (DIA) and preparing the applications and memorandums that need action in conjunction with the DIA, including the Master Plan. Daly made a motion to continue the hearing to the October 4, 2011 public meeting and the motion was seconded by Donovan. A vote was taken and passed, 7 -0. The tenth item on the agenda was adjournment. Respectfully submitted, Dick Clevel , Mayor Vail Town Council Minutes of September 20, 2011 Page 11 As there was no further business, Foley made a motion to adjourn and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. The meeting was adjourned at 9:36 p.m. Vail Town Council Meeting Minutes Tuesday, October 4, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Susie Tjossem Andy Daly Margaret Rogers Members absent: Kerry Donovan Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Rich Ten Braak, representing the Vail Chamber and Business Association (VCBA), stated that on the 20 of October, the VCBA along with the Vail Daily and KZYR will hose the Vail Candidate Forum at the Donovan Pavilion. He also said the merchant ski pass is back and the VCBA, Vail Valley Partnership and Vail Resorts will be offering the pass to local merchants and their staff. He said at least one person from each business needs to attend the annual class, slated to be held on November 3rd at the Vail Marriott. John Giovando, representing the Bravo Music Festival, recapped the 2011 season. He said 59,000 people attended the Bravo concerts for the season. He said that count included serving 5,000 children in Eagle County. The study done recorded an economic impact of $7.6 million to the Town of Vail. He gave further statistics on media coverage and The Philadelphia Orchestra's new relationship with China. They are looking forward to 2012, which will have great programs including a night of all Gershwin music. He thanked Council for its support over the years and its continued support of Bravo. He said the increase of orchestra costs of 21% is due to The Philadelphia Orchestra not being able to give Bravo continued discounts for their performances. The second item was an appeal (it was item number 7 on agenda). An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section Town Council Meeting Minutes of October 4, 2011 Page 1 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto and an appeal , pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12- 7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12- 17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Bui Jing)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. Matt Mire requested this item be tabled to the next meeting. Daly made a motion to table this item to the October 18, 2011, meeting, and the motion was seconded by Rogers. A vote was taken and the motion passed 6 -0. The third item on the agenda was the Town Manager Report. Zemler invited the Council and public to a softball game fundraiser for Robyn Fetterolf, an employee in the Vail Police Department. The Vail Police Department employees and the Fire Department employees will be playing in the softball game on Saturday from 2 p.m. to 4 p.m. The fourth item on the agenda was a presentation and discussion of the Airport Interchange: TIGER III Grant support for the Eagle County Airport Interchange and Connector Bridge Project. Peter Runyon, Eagle Council Commissioner, said in the past, he has supported a slow growth agenda for a long time. He also said Vail has always wanted to be the premier ski resort in the world. He said the Eagle County airport is a gateway to Vail and the whole county community. He said they expect 1.1 million people to come to Vail and Eagle County. He shared concerns of an elevated skyway going across ranch land. He stated there is large growth down valley. He said seven out of ten workers in Vail live down valley. This project is an opportunity to use stimulus money from the federal government. To qualify, the projects have to be "shovel ready" projects. He said groups across the state were asked to identify the top three projects for official Colorado Department of Transportation (CDOT) projects. The Eagle County Airport was one of the top three projects chosen. Additional discussion ensued regarding new exit and entrance ramp and what other Eagle County community responses were to this project. Gypsum is supportive and has Town Council Meeting Minutes of October 4, 2011 Page 2 earmarked bond money for this project. He believes Eagle is supportive but has concerns this project would impact the east exit into Eagle. Eva Wilson, Eagle County Engineer, reviewed the traffic study. Runyon said the Eagle interchange is a failure at certain times of day due to traffic issues. When airport traffic is added, this interchange is worse. He said there were a lot of people who don't want it but it is what is needed. Cleveland asked about the price tag for the project. Runyon said $55 million plus $7 million in construction management costs to CDOT. He said the final bids haven't gone out. Eagle County and Gypsum have already invested $550,000; $500,000 has been earmarked by Jared Polis; and CDOT has invested $8 million. Daly asked where the rest of the money will come from. Runyon stated since Eagle County is rural the 80/20 split doesn't apply. Eagle County has committed $13 million. The Town of Gypsum has committed $2 million in cash and $5 million in debt initiatives. He asked for Vail's help. He said 25% of the Eagle County Airport guests go to Aspen and the rest go to Vail and Beaver Creek. Rogers asked what Vail can do at this time. Runyon said a letter of support is needed. Cleveland asked why the interchange was chosen over upgrades to Highway 6. Runyon stated there are already scheduled upgrades to Highway 6. Mike Cacioppo stated when Eagle County first proposed this, he wasn't thrilled about the idea and is still not thrilled about it. He said getting through the town of Eagle is getting dangerous and the traffic is backing up on the highway on a regular basis. He said this interchange will take away from business in Eagle. He thinks roundabouts are needed in this area. He wants to see Eagle County be more prudent in this economy. Daly said Runyon gave a good explanation and realizes the frustrations and acknowledged significant highway upgrades are needed. He is in support of this project. Foley said being on the ECO transportation board, everyone on the board is in support of this project. Tjossem said she is supportive of giving them a letter. Newbury is uncomfortable due to the cost and the environmental impacts. She said the cost is outrageous and she is not in support of it. Daly made a motion to send a letter of support, and the motion was seconded by Rogers. A vote was taken and passed 4 -2, Newbury and Cleveland opposed. The fifth tem on the agenda was Resolution No. 20, Series of 2011, A Resolution in Support of Town of Vail Ballot Question No. 1 on the Ballot at the November 8, 2011, Regular Town Election. Town Council Meeting Minutes of October 4, 2011 Page 3 Matt Mire, Town Attorney, and Judy Camp, Finance Director, stated at the direction of the Council, Question No. 1 has been placed on the November 8, 2011, ballot for the Town of Vail Regular Election. This question is to receive authorization from Vail's electorate to redirect existing Conference Center Funds to three projects: 1) expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space; 2) field expansion and restroom renovation at the Ford Park Sports Complex; and 3) Ford Amphitheater improvements, including outdoor seating and restroom improvements. This ballot question will bring closure to electorate decisions in 2002 and in 2005 in which voters approved taxes to build and operate a conference center, then rejected a second tax question which caused the tax to be rescinded, leaving a balance in the fund that has grown to $9.4 million. Matt Mire, Town Attorney, stated Resolution No. 20 has been prepared at the direction of the Council to offer its unequivocal support of Question No. 1. Staff requested the Council approve the resolution. He reviewed the changes to the resolution. Daly made a motion to approve Resolution No. 20, as amended, and the motion was seconded by Rogers. Cleveland said by passing this resolution tonight, this is the last time the Council could support this ballot question due to state regulations. A vote was taken and the motion passed, 6 -0. The sixth item on the agenda was first reading of the 2012 Budget Ordinance No. 21, Series 2011. Kathleen Halloran, Budget Manager, reviewed the budget for 2012 with Council. Daly said he would like to spend some time doing an analysis that would measure the value of the expenditure versus the return in the best time horizon, 15 — 20 years, not 125 years. He would like to set a date in January, 2012, to see how this impacts the priorities currently planned. Daly thanked Chief Miller for the backup on the replacements of vehicles for the fire department. He also had questions on the trend of lift sales tax. Zemler said Chris Jarnot from Vail Resorts, Inc. (VRI), sent a letter addressing the lift sales tax. Zemler said the VRI finance department also sent a letter. Zemler stated staff wasn't directed to do an audit and would like clear direction from the Council to do an audit. Foley and Daly were the only two Council members who Town Council Meeting Minutes of October 4, 2011 Page 4 raised their hands in favor of an audit. Zemler will resubmit the letter from VRI to Council. Rogers stated the $150,000 proposed budget to demolish /repurpose the old welcome center is a concern. Rogers said a demolition cost of $75,000 is outrageous. Cleveland said to take this out of the budget and get more details on this item. Daly wanted the $637,000 for CDOT required parking improvements taken out of the budget until an agreement is signed by VRI to help pay for over flow parking, which includes 15 winter and 3 summer days. He wants this to come back as a supplemental. Newbury said the town can't sign an agreement with CDOT stating the town will take care of this while the town hasn't talked to VRI to pay part of this and there isn't time to do this. A straw vote was taken and the budget was reduced. Daly applauded Zemler and staff for due diligence in putting together the budget. However, he doesn't agree with adding back in 2.2 staff people. Cleveland said Miller had a good argument in adding more staff as this is a safety issue. He said seasonal personnel are a benefit to community. Tjossem said she supports the fire staff for at least another year to have a crew to remove tree fall. When asked about a FIFE increase to the police staff, Halloran said it is a transfer from Community Development code enforcement to Vail Police Department code enforcement. Daly said the workman's compensation insurance has a dramatic increase and wants it rebid. Halloran said she wants to defer this back to JP Power, Human Resources Director. Cleveland stated workman's compensation has dramatically increased across the state. Newbury said she is on various boards and all have experienced 25% increases. Rogers said she would like the budget for the Commission on Special Events (CSE) to be increased. She said it isn't appropriate to ask CSE to bring in an event and then not fund it. Tjossem is in favor of increasing the budget, as iconic cultural event costs are going up and these are economic engines for the town. Newbury supports CSE 100% but to put an additional $150,000 to CSE for an event that is not even on the books is inappropriate. She asked why the Council would double the amount when they don't even know what the event will be. Rogers stated the Council has asked event producers to not ask for funds out of cycle and to be on a supplemental request. Newbury said this amount is double the cost of the Teva Mountain Games which is an iconic event. Tjossem said when CSE funds a brand new event they could use it as seed money. Sybill Navas, Special Event Coordinator, said Teva receives $118,000 and Snow Daze received $128,000. She said the event would be on a weekend that needs to be supported. Newbury said this is like putting the cart before the horse as CSE hasn't evaluated these events yet. Cleveland said the amount of money the town has put into events since 2005 has increased 75% and this is not sustainable. He said if Town Council Meeting Minutes of October 4, 2011 Page 5 this is a Memorial Day event that the private sector won't support, why would the town? He said the town spends enough money on special events in town already and won't support more money for CSE. Mike Cacioppo said he had three main points to get across. He agrees with Cleveland that a budget that goes up 75% since 2005 is not supportable. He doesn't support the school board issue because of this. He said auditing the VRI lift tax occasionally should be done with anyone the town does business with and he agrees with asking VRI to pay something towards Frontage Road parking and CDOT. He reminded the Council that VRI never paid their fair share of parking structure expansions over 20 years ago. He said if the town does anything that expands parking for the mountain operator, the mountain operator needs to pay its fair share. Additional Council contributions were discussed. Rogers said she is concerned about two items: Bravo and the Teva Winter Games. She said there is no money to support the Teva Winter Games and asked if this event would happen. Scott Bluhm, representing the Vail Valley Foundation (VVF) asked for $75,000 from the CSE, if this event happens. She said John Giovando stated Bravo brings in a $7.6 million economic hit to the town. She doesn't think it is overreaching to ask for an increase to $200,000. She said the cost of orchestras has gone up dramatically and said this is a reasonable request. She said the Council should cut the First Impressions funding, $5,000 for the Ski Classic and $25,000 for Streetbeat. Daly said the Council is placing the VVF in an awkward position as they have sponsorship commitments they need to fulfill. Newbury said assuming any of the events would get funding from the town is not good. Daly stated ample warning should be given. Newbury said she would like to receive public input and asked what ample warning is. Mike Cacioppo said Bravo is a non - profit organization and wanted to put funding in perspective. He said the booking event was over several weeks and 59,000 people attended. He said the director was getting $200,000 for a few weeks of bookings. He said either booking directly or finding a booking agency to book those several weeks could save bundles of money. This should be put out to bid and find out what the directors and operators are earning. John Giovando, Bravo Executive Director for 25 years, stated contributing to the non- profit world has been one of the most rewarding parts of his life. Bringing this festival to Vail and growing it to this level wouldn't happen without contributions. To consider a nonprofit to fold up and ask a booking agent to come in would be an enormous disservice to the community. The $200,000 was asked out of integrity to support one of the world's best music festivals. To have an economic impact is measurable but pride which is immeasurable is also important. Town Council Meeting Minutes of October 4, 2011 Page 6 Tom Bassett supported Rogers's statement to support Bravo's funding request. Bravo is one of the summer's largest driving engines to Vail's economy. Bravo is a huge asset to the reputation to Vail and its businesses. Cleveland said there is $596,000 requested over last year in total. Cleveland said he is comfortable funding them at the same level as in years past. He reiterated that all budget items have been flat. Tjossem said it is shortsighted to not take into account money received. Scott Bluhm, representing the VVF, clarified that there are concerns with regard to Streetbeat and the Ski Classic. Streetbeat is the biggest concern and wants the funding to be reconsidered as there are ramifications to it not being funded. They are under contract with Volvo and Anheuser -Busch to do nine concerts this winter. He wants clarification on in -kind services to the Ski Classic and Streetbeat. Cleveland asked if this discussion has brought up attention that Streetbeat needs to be revamped. Daly asked Bluhm to explain the VVF commitments regarding Streetbeat. Bluhm said commitments to Anheuser -Busch are to do nine events. For Volvo, their push is for consumer data through the event for their car. He said the commitments are multi- year but doesn't know where they are in the cycle of those commitments. Newbury said Streetbeat is successful when the concerts are tied to other events. She said maybe they are too far apart and people don't remember between concerts. Newbury said she is comfortable giving them in -kind and funding for Streetbeat for a final year but not for Ski Classic. Tjossem said the winter concerts lead to Hot Summer Nights but it doesn't seem to work anymore. Bluhm said in the beginning it was the only game in town, but now there are a lot more music events across the county. Rogers said this doesn't bring money back to the community. Cleveland thanked Bluhm. Lourdes Ferzacca, representing the Vail Chamber and Business Association (VCBA) said Council was funding cuts to the smaller events and all funds were going to those who are already successful. She said Council needs to fund the smaller events too. She said the smaller events make a huge difference for the locals who don't make a lot of money. Rich ten Braak, representing the VCBA, pleaded the case for the Premier Impressions program. He said it's been around for 11 years, was funded from $10,000 to $20,000 and has gone from a 3 -month to a 6 -month program. The program currently runs from December to March and July to August in summer. In 2013 the plan is to go to a year - round program. There are currently 180 businesses in the VCBA. The program is important as great customer service drives the intent to return to Vail. He wants the Council to reconsider its support of this program. He said 25 businesses have signed a letter of support to have this program funded. Town Council Meeting Minutes of October 4, 2011 Page 7 Liz Paxson, a Betty Ford Alpine Garden (BFAG) volunteer, stated she and her husband Tim have been volunteers for several years and she is now on the board. The BFAG has a very active volunteer program and there is a steady stream of visitors from May to October. The town currently contributes 15% of the BFAG budget. Bill Suarez, owner of Billy's Island Grill, stated Premier Impressions helps the businesses have a program to recognize employees. As an employer, he would hate to see this program go without something else to replace it. He said the program could be revised. He said last year four of his employees were nominated. Gwen Scapello, representing BFAG, said she has worked with them for the past eight years and is currently the BFAG board secretary. She typically spends three to four hours a day, four to five days a week in the gardens. She reminded Council that the BFAG is not just an amenity for those who come here but a strong destination for the Town of Vail. Guests come through a private tour program, garden clubs, the Red Hat Society, master gardeners, representatives from professional landscaping associations and others bring tours to and through the gardens. They have hosted several groups, including a European guest who said it was the best garden in the world. Tourists are quick to tell them the gardens were why they came to Vail. The Vail Recreation District fielded 129 queries in one day of how to get to the gardens. Checkpoint Charlie receives approximately 10 -12 requests a day on how to get to the gardens. She said it was important to recognize they are not just a public garden; they are a destination as well. She asked the Council to reconsider the funding request to the BFAG. Sandy Gregorak, resident of Vail, thanked the Council for the work they do for the town residents. She said she is the newest member of BFAG and is the Development Director. She said the economic impact from the gardens is just under $11 million to Vail. These figures were prepared by the VVF at the end of March, 2011, and given to Council in April 2011. She said nonprofits are part of our community and are a part of what has made the town a world class town. She was at a meeting of the Botanic Garden Association, and comments from other botanic gardens reflected the BFAG is world class and has a high regard in the botanic garden world. The BFAG has won accolades and awards and was a finalist in the Awards in Excellence from the Pomar Foundation. Mike Cacioppo stated he has been in town 37 years. He said in the late 1980's, BFAG promised that would be their last request for public money. That didn't happen. He said maybe it's time they charge for people to come into the gardens like elsewhere in the world. He said the business community should pay for commending their employees. He said the list goes on and on and in the 1970's and 1980's booking agents took a risk. They don't need to take the risk anymore. He said we aren't teaching anybody to be self sustainable. He said maybe it's time in this economy, that Town Council Meeting Minutes of October 4, 2011 Page 8 as Americans, we actually try to be real Americans and build our own segment of the market without government handouts from cradle to grave. He stated he couldn't believe the town was discussing giving out $1.6 to $2.8 million for special events to the CSE. He said it was time to rethink the process and not be enablers. Make them work it out. Cleveland read a letter received from David Scott of Vail Ski and Snowboard Museum requesting $50,000 for funding in 2012. Newbury said the Council and the community need to put everything in perspective. She appreciates everyone wanting funding; however, this said, the town's main purpose is to provide municipal services. The operating funds are flat and other funds are going down. The town is cutting its budget. The town has to provide snow plowing, police and fire services and other municipal services first. She is comfortable with staff recommended appropriations. Daly said Council should take a straw vote to ask if Council was comfortable with the recommendations as presented. Foley, Daly, Cleveland and Newbury were okay with the recommendations, but Rogers and Tjossem were not. Further discussion on the budget ensued. Rogers asked for more documentation for the public works budget and capital maintenance costs and to highlight areas that have significant increases. Tjossem said she wanted to have staff come back with a few cuts or postponements of certain projects. Rogers said she was concerned about the police department line item of the replacement of rifles for $21,000. Cleveland said guns have a life span. The world has changed. Newbury said Council needs to trust the police department. Cleveland said Council needs to give credit to staff. There is no problem asking questions but Council needs to trust staff to know their stuff. Cleveland said they need to make a decision on the Library. Newbury said one of the first things she did when she got on Council was to tour the library and educate herself about the renovations that need to be done and that was eight years ago. The flood brought these to the forefront. She said they should do both phases. Newbury, Rogers, Foley, Daly and Cleveland agree that both phases of the library need to be done. Halloran summarized the comments: provide letter from VRI lift tax; detail on capital projects; contributions as previously submitted; $150,000 removed from Lionshead Capital, etc. Town Council Meeting Minutes of October 4, 2011 Page 9 Newbury made a motion to approve on first reading Ordinance No. 21, and the motion was seconded by Cleveland. A vote was taken and the motion failed, 4 -2 with Foley, Tjossem, Daly and Rogers opposed. Foley wants an efficiency study done. Zemler said they could bring back a first reading of the budget by tabling this item to the next meeting. He said staff doesn't know how to address their concerns about the special event funding. Rogers said to base it on last year's budget. She said there is 100,000 in savings from staff and she wants to allocate it to the Betty Ford Alpine Gardens, Bravo and the Colorado Ski Museum. Daly said for him to support the budget, VRI would need to share CDOT parking costs and a firm commitment to offset expenditures for this year. Foley made a motion to table the budget item to the October 18, 2011, meeting, and the motion was seconded by Daly. A vote was taken and the motion passed, 5 -1, with Cleveland opposed. A brief break was taken at 9:07 p.m. The meeting resumed at 9:12 p.m. The seventh item on the agenda was a public hearing regarding the Ever Vail development process, with a focus on four of the applications intended to facilitate the Ever Vail development. Specifically, the Lions head Redevelopment Master Plan amendments, major subdivision, rezoning and major amendment to Special Development District (SDD) No. 4. The Council is not being asked for a final action on these applications at this time. Warren Campbell, Chief Planner, stated the intent of the packet was to prepare the Council to vote on the four applications in conjunction with the Developer Improvement Agreement (DIA). Staff has taken Resolution No. 6 and made the changes the Council has requested. An additional change was requested to change the wording on page 2 of the memorandum on building height changes from "should" to "shall." Four hands from Council were raised. Campbell went through a power point presentation on master plan amendments criteria to review; major criteria for major amendments; rezoning; removal of the Glen Lyon SDD; land use plan designations; criteria for zoning; etc. Cleveland asked if the removal of the Glen Lyon Office Building SDD would effect the parking requirements. Campbell said no. Jay Peterson said he had a couple of observations. He said the Vail's New Dawn process was started and it wasn't anyone's project; it was everyone's project. There was tremendous trust to be built. Everyone trusted VRI and over a four to five year period, six to eight projects came through, were approved and built. He said the town Town Council Meeting Minutes of October 4, 2011 Page 10 has had a great rebound from 2008 due to everyone doing his /her part. He said he is proud of this town. The town marketing has been incredible. He stated since then, the process has been bogged down. He doesn't know if it is a lack of trust. He said the only bad decision is no decision. This is an important project and will complete Vail. He said it's time to make some decisions. Everyone needs to work together and have more trust in each other. He also said the Front Door project, Solaris, The Sebastian and Four Seasons projects have all contributed to Vail's success. He said this area is an ugly part of town. It's time to do this project and he wants the approval process to be quicker. Harry Frampton, East West Partners, stated from his perspective that he is supportive of getting this project built. He said it is important for the town's economic development and for jobs. He said there probably would not be another large project for another five to ten years in town. He said the world has changed fundamentally. One of the problems is that Ever Vail started the process five years ago, at the height of the construction boom. Now the world is radically different. His company was hired at Sun Valley fourteen months ago to develop 98 acres and to develop a master plan and get it approved. Four months ago, they got unanimous approval. Sun Valley started at the bottom of the down turn and recognized they were in a new reality. He said they know even if they approved Ever Vail tomorrow, VRI won't build for another ten to twenty years. He said the extractions and conditions are impossible. He wants the Council to step back from the project and take a totally new look at the project. He said Vail is extremely lucky to have VRI as they are the only developer who can build an Ever Vail. He said the only reason the project has economic viability is that they have a vested interest. He said the extractions, conditions and limits put on VRI should be re- thought. He asked what does VRI need to build the project. The town needs to create incentives for them to build it. Currently, there is zero incentive for VRI to build this. He also said the town should look at what the maximum flexibility could be to get them to start the project. He also said to get rid of inclusionary housing and bargain with VRI to do Timber Ridge. He said the town is lucky to have VRI, as they have low debt, good cash flow and is one of the few companies that are in good financial shape. Foley said Frampton should pick up a petition and run for Council. Jim Lamont, representing the Vail Homeowners Association , experienced a cold shower and fresh air in this discussion. He said Council's role and staff's role is to make sure that no stone has been left unturned. He said the roles in the community have changed drastically. He said until there are financial backers on any of the projects, he won't take them seriously. He said the Council has to admit that a decision has to be made and move on. He stated this Council will not make a final decision but the candidates have issues and they need to step up. Town Council Meeting Minutes of October 4, 2011 Page 11 Campbell said staff requests the Council continue the public hearing for the Major Subdivision, Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011, to the October 18, 2011, public hearing. Foley made a motion to continue the public hearing for the Major Subdivision, Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011, to the October 18, 2011, public hearing and the motion was seconded by Daly. A vote was taken and the motion passed, 6 -0. Additional discussion ensued about what the Council could approve prior to the election. Jay Peterson said the DIA is no place to approve a master plan. He doesn't want to see this go to a new Council. Ruther said if this is what the Council wants, they will bring Resolution 6 back on October 18, 2011, for Council's approval. The eighth item on the agenda was the 2011 Election Judge Appointments. Town staff requested the appointments of Vianne Brown, Holiday Cole, Mary Caster, Mary Ann Best, Summer Holm, Earl Best and Carol McKown to be the Town of Vail election judges for the November 8, 2011, Regular Municipal Election. Pam Brandmeyer and Tammy Nagel, town staff, will also be assisting as election judges. Foley made a motion to approve the 2011 Election Judge Appointments as presented, and the motion was seconded by Rogers. Foley thanked them for volunteering to be judges. A vote was taken and the motion passed, 6 -0. The ninth item on the agenda was first reading of Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District (SDD) No. 29, The Valley Phase II, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto. Warren Campbell, Chief Planner, said essence is there is an EHU on top of Buffehr Creek and the applicant wants to participate in the EHU exchange and the proposed language has been changed. Campbell said SDD No. 29, The Valley Phase II, was established by Ordinance No. 17, Series of 1993, adopted on September 7, 1993. The purpose of establishing SDD No. 29 was to provide "greater flexibility in the development of the land than would be possible under the current zoning of the property." Ordinance No. 6, Series of 1997, amended the SDD to add development potential for Tract A. There have been no further amendments to the SDD. The Town Council Meeting Minutes of October 4, 2011 Page 12 Planning and Environmental Commission (PEC) forwarded a recommendation of approval to the Council at their September 26, 2011 hearing. Rogers made a motion to approve on first reading Ordinance No. 19, Series of 2011, and the motion was seconded by Daly. A vote was taken and the motion passed, 6 -0. Newbury made a motion to adjourn the evening meeting to go into executive session at 10: 08 p.m. and the motion was seconded by Foley. A vote was taken and the motion passed, 6 -0. Respectfully submitted, t , -7 V , ' / — Dick Cleveland, Mayor Attest: IN SEAL L64ei D6naldsori, Town Clerk CO• ...oaOR Town Council Meeting Minutes of October 4, 2011 Page 13 Vail Town Council Meeting Minutes Tuesday, October 18, 2011 4:30 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:30 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Kim Newbury Susie Tjossem Andy Daly Margaret Rogers Kerry Donovan Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was the Consent Agenda. There were three items on the consent agenda: 1) Vail Police Department Volunteer Proclamation(VIPs), Read into the record the VIPs Proclamation. Kim Newbury read the proclamation into the record. Cleveland thanked all the volunteers for their service. 2) Approval of September 6 and 20 Council meeting minutes; Foley made a motion to approve the September 6, 2011 minutes and Tjossem seconded the motion. A vote was taken and the motion passed 5 -0 -2 with Rogers and Daly abstaining as they were not at that meeting. Foley made a motion to approve the meeting minutes of September 20, 2011, and the motion was seconded by Daly. A vote was taken and the motion passed 7 -0. 3) Resolution No. 19, 2011, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2012 Through December 31, 2012. Newbury made a motion to approve the Resolution No. 19, Series of 2011, and the motion was seconded by Tjossem. A vote was taken and the motion passed 6 -1, Foley opposed. Town Council Meeting Minutes of October 18, 2011 Page 1 The second item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's (PEC) approval of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto; and an appeal , pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. The staff memorandum stated on July 11, 2011, Margo Mullally submitted an application for a major exterior alteration for Unit R -2. On July 25, 2011, Bill Gardiner submitted an application for a major exterior alteration to expand his unit, R -1. On August 2, 2011, Bill Gardiner submitted an application for a variance from the watercourse setback and site coverage to facilitate his addition. On July 27, 2011, Margo Mullally submitted a Design Review application. On August 22, 2011, the Planning and Environmental Commission approved, with conditions, all of the above applications. On August 30, 2011, Mr. Gardiner submitted his design review application. On September 1, 2011, Randall M. Livingston, on behalf of the appellant, Bridge Street Building LLC, submitted an appeal of Ms. Mullally's PEC approval. As a result, no further action has been taken to review Ms. Mullally's addition by the PEC. However, the Design Review Board approved Mr. Gardiner's application on September 7, 2011, with the condition that Ms. Mullally' s addition also be approved, as the designs are codependent. On September 8, 2011, the appellant submitted an amended appeal form adding Mr. Gardiner's approvals to the list of approvals being appealed. On October 4, 2011, the Council granted a continuance of the appeal. Since that time, staff has received additional information from the appellant, Bridge Street Building LLC concerning the appeal. Based on the new information, it appears that the applications submitted by Mr. Gardiner and Ms. Mullally were either incomplete or included inaccurate information as to the ownership of the Rucksack Building and the Scott Building. More specifically, it appears that the applications did not accurately reflect the required consent of all owners affected by the applications. Because the Council, in an appeal, is not permitted to receive new information or to make new factual findings, staff believes that the only available course of action is for the Council to remand both cases back to the PEC for additional factual findings and Town Council Meeting Minutes of October 18, 2011 Page 2 determinations. Matt Mire, Town Attorney, stated Council has a copy of the lengthy appeal and response. It appears the application was either incomplete and /or inaccurate as it didn't reflect proper ownership, which made the application incomplete. It also didn't reflect the required consent of all signed owners. The Council's only decision is to remand this application back to the PEC. Randy Livingston, representative for Jeff Selby, the appellant and building owner, said Mr. Selby couldn't be at the meeting. He said the information given to Council was accurate and they accept the recommendations. Jeff Hyman, attorney for the Mullally's, stated he had submitted a lengthy response and application. He asked if the response filed was considered and if not, why not. He said the applicants were concerned the condominium map had not been recorded. As a condition of the development, Mr. Selby was to record and file a condominium plat map. It's been three years and it's still not recorded. They want to know why the map was not filed three years ago. Hyman said it was the town staff's responsibility to get this plat map filed. The application wasn't complete because one property owner did not sign it. A court order from Eagle County District Court stipulated the appellant approved the design and he could not object to the application. The appeal currently says this is an objection. The court documents said they don't need a signature as Selby had approved it. They asked if the recommendation by staff is accepted by Council and they go back to PEC, what will be the next steps. He said it's the same application but Mr. Selby refuses to sign it. The application didn't change and they will be right back in front of Council with the same application. There are two residential owners with modest expansions and they are being held up due to this issue. They feel the process is not fair or consistent with PEC approvals. They will end up going to court again, stating they have a court order that holds him in contempt. It's already a court order to make him sign. Cleveland asked if the town is a party to the court order. Hyman said they would have to go back to court and state Selby can't object to the application and he will be required to sign. Cleveland said this is not the Council's issue. Rogers said it is clear this was not an accurate record and the Council can't review it and make it a record. The Council has to remand it back to the PEC. Rogers made a motion to remand the application back to the PEC and the motion was seconded by Foley. The PEC has to make a determination based on accurate information. Margo Mullally, the applicant and currently the homeowner's association president, expressed her frustration regarding the staff's decision stating the application is not complete. She stated at no point did Ms. Dimond tell them the application was not Town Council Meeting Minutes of October 18, 2011 Page 3 complete. She feels one of the issues is that the buildings were not combined. Dimond sent her an email on September 15, 2011, stating one of the conditions was to combine the two properties. Mullally said she had been told consistently by the town it was one building. She said this has been so since 2008, and she is wondering what it's going to take to get the condominium map recorded. It was submitted to the town and Selby is still objecting. He has had occupancy certificates for three years without a map being recorded. She said there are problems with managing the association budget and fire systems. A vote was taken and the motion passed, 7 -0. The Council had a dinner break at 5:05 p.m. and the evening meeting was reconvened at 6:00 p.m. The third item on the agenda was Citizen Participation. Rich ten Braak, representing the Vail Chamber and Business Association (VCBA), invited Council to the VCBA and KZYR Candidate Forum on Thursday, October 20, from 6pm to 8pm. Elise Howard, a West Vail resident and board member of the Eagle Valley Childcare, thanked the Council for its support of Early Childcare in Vail. She is committed to living in Vail and raising her children in Vail. She said the Eagle Valley Childcare is a benefit to town employees and other families who work in Vail. Cleveland said there was a letter sent out to the Vail Homeowners Association and there was an error in the letter. He said the lodging and retail community will not be getting money back if the conference center funds ballot question is defeated. He explained the money would be given back over the next twenty years by reducing the lodging tax. No one will be getting a refund check. Cleveland also reminded Vail voters that there are two separate elections and they will need to vote twice in Vail this year. Eagle County has a mail -in ballot due November 1 and the Town of Vail's regular municipal election is November 8. If you are on the permanent mail -in ballot list at the County, you will receive a Vail ballot in the mail after October 27. He said the important message is that you need to vote. The fourth item on the agenda was the Town Manager Report. Zemler said Congress has passed the recreation bill which is good news for all of us. The fifth item on the agenda was first reading of 2012 Budget Ordinance No. 21, Series of 2011. Kathleen Halloran, Budget Manager, stated this was presented at the council's work session earlier in the day. Staff had made a few recommendations in the memorandum to Council. The Council will need to approve the budget by ordinance. Town Council Meeting Minutes of October 18, 2011 Page 4 Rogers stated Council contributions have been dealt with quite a lot over the years. She has gone over the budget and talked to Finance Director Judy Camp and has a recommendation. Rogers stated in the operating budget the town will have approximately $500,000 in excess. So the town doesn't dip into the reserve fund which has $21,000,000, rather than taking the excess money and adding it to the reserve fund, Rogers suggested they take the $500,000 excess funds and use it for iconic events and CSE events. She feels this is an investment in the town and will allow the town to survive the economic downturns. She said there are two specific events she wants to fund. Bravo, including their 25 Anniversary, should be funded 100 %. The second event is the Vail Jazz Festival, which is an iconic event in Lionshead that keeps getting better each year. Fund Bravo and the jazz festival and give the balance to the CSE or have it go to the reserve fund. Council has asked the CSE to bring in a Memorial Day event. She said the Real Estate Transfer Tax (RETT) budget has $7.6 million in it. The Betty Ford Alpine Gardens (BFAG) is funded out of RETT. Rogers also wants to fund the BFAG $20,000 for a water feature as requested and bring them up to 100,000 funding and allow a Council member to sit on their board to oversee the funding. She doesn't want to give any money to the 50 Anniversary unless Council sees how the money is allocated. She stated spending $500,000 on a tent for a seven month period doesn't make sense when there is a lot of the money in the museum and they have permanent exhibits. Rogers suggested $250,000 be earmarked in the budget; $50,000 for the Colorado Ski Museum and $200,000 for Bravo. Zemler asked for clarification of recommendation of one time funding of Bravo. Rogers said she is more than happy to make these one time allocations. Rogers stated she is on the Bravo board as the town's representative. Donovan asked if the breakdown of the 250,000 for the 50 Anniversary event included the Pioneer /Founders event in the fall. Tjossem said it is included in the $250,000 and has $30,000 for that event. Rogers said if Vail Resort Inc. (VRI) wants to have a $3.7 million parry, they need to find private sponsors for $3.5 million. Tjossem said one clarification is this is the town's 50 Anniversary and the event represents the town as well. Cleveland said this is a big change in how the Council has been funding events and operating in the past. He is opposed to funding operating costs to non - profits. He thinks it is a big mistake to fund operational costs and an improper use of tax payer's money. Rogers said summer activities need to be supported and funded and not funding them is defeating the purpose of having a year -round economy. Cleveland said funding of operational costs is not acceptable. Newbury said she has a fundamental problem with giving funding to events when every event from CSE is not successful. She said the town is cutting their operating budget every where else and the budget is flat. They have cut employee benefits, cut full -time employees and have not had increases in staff. She has a problem that some of the organizations feel they deserve more from the town when we are holding the line on municipal services. She Town Council Meeting Minutes of October 18, 2011 Page 5 doesn't believe it is not time to not put money in reserves and to spend more money on other organizations and events. Tjossem said these iconic events are our insurance and keeps other people coming to Vail and allows all of us to prosper. Foley said he could support Roger's recommendations for one year. Donovan is comfortable with staff recommendations. Cleveland said he is not opposed to taking 100,000 and earmarking it but won't vote for this now as they don't know what the money will be for. He said to piggy back on what Newbury said, it's time for the CSE to evaluate the programs, to allow new programs to take the place of events that no longer serve Vail. Cleveland is okay with the previous staff recommendation of holding out $100,000 and having event producers come in and request funding. Rogers said there is a $142,000 budget surplus in 2012. She said the town budget has always far exceeded budget projections for years. In 2011, the town will have $850,000 more than the amended 2011 budget. She is asking for $142,000 on a one time basis for events and institutions. Rogers stated this is an incredibly conservative investment to generate more income and it makes no sense to not fully support these events. Daly asked Halloran about RETT collections being below projections. Halloran said the RETT is down by $600,000, the parking revenue is down and the construction use tax us up slightly. Growth is in sales tax and the lift tax. Daly said his point is that revenue overall will fall below 2011 projections. Further discussion ensued. Cleveland said he is supportive of Streetbeat for this year and to take $150,000 and earmark it for a special event. Staff's most recent recommendation is funding of $25,000 for Streetbeat; $25,000 for Bravo for their 25 Anniversary event; 20,000 for the Colorado Ski Museum; $25,000 to CSE for allocation to the Vail Symposium; $20,000 to the BFAG to repair the water feature. Donovan suggested there are three proposals for the 50 anniversary floating around and she wants the funding of $30,000 for the Pioneer event separated out of the total funding and earmarked separately. Daly said Streetbeat funding was obligated to go forward as required but he wanted the VVF placed on notice that this is last year for funding. Daly agreed with Cleveland regarding the Colorado Ski Museum. Daly said the best way to handle this is to get four votes on any of the proposals. Rogers proposal to take $142,000 out of operational funds and $64,380 out of RETT funds for BFAG had two votes, from Foley and Rogers. The second proposal from Cleveland was for the original recommendation from two weeks ago and adding $142,000 as a line item when they get specific proposals, as well as funding for Streetbeat, $20,000 for BFAG repair of the water feature. He has a problem with funding operational costs of nonprofits. He also said some of the CSE funding could be moved to new events. There was no other Council support for the second proposal. Town Council Meeting Minutes of October 18, 2011 Page 6 Daly stated the third proposal was for the staff recommendation as is. Foley, Donovan and Daly were supportive of this proposal. Jim Lamont, representing the Vail Homeowner's Association, would like a press release on the conference center funding and how that will be allocated. Rayla Kundolf, a member of the CSE, was supportive of the CSE getting another 100,000 in additional funding. She said the CSE does listen to the VLMDAC and the CSE will reevaluate current special events. She said decisions on which events will be funded for 2012 will be made next month. The CSE is pushing for event producers to have additional sponsorships. They will be asking each event producer what the town's funding will be used for and what the town will be getting for the money given. They will be earmarking a certain amount for each event and disperse the final funds after the event is recapped. She stated special events are bringing people and money into town and funding special events is an investment. Newbury said there seems to be an idea in the community and in Council that if an event is not funded it will go away. She stated if we weren't looking at the present economy that isn't growing, and asking staff to keep the municipal budget flat and also raising health benefit costs, this would be considered differently. Tjossem said she is employed by the Colorado Ski Museum. She said she has read the town's Mission Statement and non - profits help the town fulfill the mission. The town has spent $850,000 for the library each year. The non - profit community has made Vail have the reputation we have. She said successful, iconic events drive our sales tax. Foley ask about the general budget presented and wanted further detail on where the money is allocated. Halloran stated 65% of the money goes to municipal services and operations and 35% to capital improvements. Foley stated staff costs will continue to climb. Daly asked Greg Hall about the $630,000 budgeted for CDOT mandated Frontage Road improvements for overflow parking in summer and winter. Hall said those improvements don't have to be done until 2012. Daly wants the town to only fund 30% to 40% of those costs and have a conversation with VRI to help share funding costs of 60 %- 70% to make those improvements, if we are continuing to use the Frontage Road for parking. Daly doesn't want the total costs of the Frontage Road improvements paid by Vail taxpayers. He says we are doing an injustice to the taxpayers if the town pays for the total cost. Newbury, Tjossem, Cleveland and Daly supported reducing the $630,000 to 40% of the total cost and to negotiate with VRI for the balance. Council directed staff to adjust this Town Council Meeting Minutes of October 18, 2011 Page 7 budget by 60% and engage VRI in cost sharing. Hall said the CDOT lease is coming and this cost isn't budgeted now. Zemler asked Mire if the Council is making an obligation if it isn't funded by VRI. Mire said that could happen because every contract is subject to Council appropriation. Rogers said the library repairs of $36,200 were approved for repairs to the library. Her concern was why spend that money if a major remodel is being done. Hall said this is specific to regular maintenance and this isn't part of the major remodel. Cleveland redirected the discussion back Council contributions for special events for a solution. Rogers said BFAG is not like other non - profits as the town owns the land upon which the gardens sit. If BFAG went away, the town would have to maintain the garden area. She doesn't have a problem funding operational costs when they are operating the gardens on town property. Foley said he doesn't like giving $250,000 for funding to the 50 Anniversary event and not giving funding to the non - profits. He also wants to separate and earmark $30,000 from the 50 Anniversary event for the Pioneer weekend. Daly made a motion to approve the budget with the following amendments; $630,000 for Frontage Road to be reduced 60% subject to discussions and negotiations with VRI; special event cost of $250,000 earmarked for 50 anniversary to reflect that $220,000 is for the 50 Anniversary and $30,000 is for the Pioneer weekend which is part of the 50 Anniversary. Also, $95,000 from the general fund from staff recommendations broken down as follows: $25,000 for Streetbeat; $25,000 for Bravo; $20,000 for the Colorado Ski Museum specific to the 50 anniversary; and $25,000 for additional CSE funding of the Vail Symposium event. And $20,000 from the RETT fund for the BFAG repair of a water feature. The motion was seconded by Donovan. All of these are to be one time only allocations. Halloran made a clarification that there was $7,500 for in -kind services for Streetbeat included. Daly amended his motion, and the motion was seconded by Donovan. A vote was taken and the motion failed, 4 -3, with Newbury, Cleveland and Rogers opposed. Tjossem said it was time to compromise as they were now holding the town hostage over special event contributions. Tjossem asked Rogers if she voted no due to wanting more funding for special events. Rogers said she is asking to increase the surplus funds from $95,000 to $142,000 that the town will collect this year. Rogers wants BFAG to have more funding as they have been underfunded for a long time. The BFAG is getting $55,620 currently. Town Council Meeting Minutes of October 18, 2011 Page 8 Daly made a motion to approve $95,000 from the general fund and an additional 25,000 for general fund incremental charitable discretion from the next Council; 20,000 to BFAG for repair of their fountain plus an additional $10,000 for the BFAG organization as seen fit. The motion was seconded by Donovan. A vote was taken and passed 5 -2 with Cleveland and Newbury opposed. The sixth item on the agenda was the Ever Vail development discussion. This public hearing will focus on one of the applications intended to facilitate the Ever Vail development. Specifically the Vail Town Council is being asked to take action on Resolution No. 6, Series of 2011 which will adopt amendments to the Lionshead Redevelopment Master Plan to facilitate the Ever Vail project. Campbell requested the Council approve Resolution No. 6, Series of 2011 and staff also requests the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the December 6, 2011 public hearing. Newbury clarified the motion isn't to approve PEC motions but to approve recommendations by PEC plus the changes as stated by Council from past meetings. Campbell said yes that is correct. Foley asked about the underpass from Simba and when it would be done. Campbell said there is no timetable of when this would be done. Further discussion ensued on the Master plan versus a development plan. Rogers made a motion to approve Resolution No. 6, with the PEC findings, and the motion was seconded by Tjossem. Mauriello said there is one change on page 18 regarding the office space that now states 3 to 12. Rogers made a motion to amend her motion with the office space change and the motion was seconded by Tjossem. Jim Lamont, representing the Vail Homeowners Association, said Council has done a thorough job challenging each other, the applicant and PEC. They have allowed the next generation to work on what is being done here. Lamont recommended council really encourage VRI to move forward with putting more capital into this project and to benefit the community as intended. Eric Perkins, a local resident, said he is concerned about this project as past history of VRI projects haven't panned out. He wants to know what the town is getting out of it. Foley said his no vote will be because of the Simba Run underpass. Town Council Meeting Minutes of October 18, 2011 Page 9 A vote was taken and the motion passed, 6 -1, Foley opposed. Donovan made a motion to continue the other four items for major subdivision, rezoning, special developments and amendments to the December 6 meeting and the motion was seconded by Rogers. A vote was taken and passed, 7 -0. The seventh item on the agenda was a request to proceed with Phase 2 of the predevelopment process for the Town of Vail Municipal Site Redevelopment Project. George Ruther, Community Development Director, stated there is a request to proceed with Phase 2 of the municipal site redevelopment feasibility study. On May 17, the Council approved a resolution to sign a mutual agreement to look at the opportunity to remodel the town municipal site. He said Council is being asked to provide direction to the staff on whether a contractual agreement with the Vail Valley Medical Center, Steadman Clinic and Stead man-Phi Iippon Research Institute should be prepared and executed to proceed with Phase 2 of the predevelopment process. Triumph Development, LLC, would be responsible for ensuring completion of the identified scope of work for phase 2. If instructed to do so, staff will prepare a resolution for the Council's consideration authorizing the Town Manager to sign the contractual agreement. The town solicited Triumph Development to look into developing the property. Phase I is done and the town staff and the other partners believe it is still feasible. The programming work has been done and the project can fit on the property. The memorandum outlines the stages of the phase 2 predevelopment process. It will take 90 days to get through this phase and the cost is $300,000 to complete this work. The town's share of the cost is 1/3 or $100,000. Council will be updated frequently through the next 90 days and they can terminate the contract if they so choose. Daly said the municipal offices will be displaced and asked if the study will include where the offices will be moved. Ruther said the Phase 2 scope of work includes how the town's space would be reviewed. Cleveland is in support of moving forward. Daly is concerned the subsidy for the land value is a low market rate for the property. He doesn't believe town property should be given away to subsidize someone else. He wants to know if the other partners understand the town can't subsidize the land value. Ruther said they have discussed this with the partners. Ruther asked if the land cost subsidy was a deal breaker before the town spends 100,000. Staff will get specific direction before they come back on November ist with a resolution to approve the $100,000. One of the purposes of Phase 2 is to get a better understanding of how this project will work. Tjossem said the community can make appointments to tour the current facilities to see what this project will bring to the town. Ruther said there are tours scheduled for November 1 and 3 and to contact him to make a reservation. Rogers said there is also a "You Tube" video Town Council Meeting Minutes of October 18, 2011 Page 10 on the research institute which is very interesting and revealing. This is an important economic year -round driver for the community. Foley made a motion for staff to prepare a resolution authorizing the Town Manager to sign a contractual agreement with its development project partners to complete the phase 2 pre - development process scope of work as described in the staff memorandum and the motion was seconded by Rogers. A vote was taken and passed unanimously, 7 -0. The eighth item on the agenda was first reading of Ordinance No. 23, Series of 2011, an ordinance extending, until November 19, 2012, amendments to Chapter 11 -7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the Administrator to approve said signs subject to review, and setting forth details in regard thereto. Bill Gibson, Planner, stated Ordinance No. 23, Series of 2011, is intended to extend the effective date of Ordinance No. 12, Series of 2011, from November 21, 2011 until November 19, 2012. No other change to the regulations is proposed. Extending the effective date will allow the town to explore opportunities for incorporating public parking on private property sign regulations into a larger signage and way - finding initiative currently underway. Gibson said this is an extension of an existing temporary sign program. Tjossem said she thought it worked well in winter and allowed private entities to advertise. She said she continues to get complaints that guests were being misled. She is supportive of going through the ski season but the town and private entities need to do a better job next summer. Rogers suggested the signs should say public parking is 1/4 mile straight ahead. Daly said they may need to come up with other solutions. Donovan asked when they will see the way - finding signage. Greg Hall, Public Works Director, said a permanent solution is part of the way - finding process and the process may be in front of Council by May, 2012, for a permanent solution. Donovan made a motion to approve first reading of Ordinance No. 23 and the motion was seconded by Newbury. A vote was taken and the motion passed, 5 -2 Tjossem and Foley opposed. The ninth item on the agenda was second reading of Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District No. 29, The Valley Phase II, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Town Council Meeting Minutes of October 18, 2011 Page 11 Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto. Warren Campbell, Chief of Planning, stated Council passed Ordinance No. 19, Series of 2011, upon first reading at their October 4, 2011 hearing and there have been no changes. Newbury made a motion to approve second reading of Ordinance No. 19, and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7 -0. The ninth item on the agenda was adjournment. As there was no further business, Tjossem made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed, 7 -0. The meeting adjourned at 8:15 p.m. Respectfully submitted, U i Donaldson, Town Clerk w_M oya• N . OF • t,T SEAT T • LOR Town Council Meeting Minutes of October 18, 2011 Page 12 Vail Town Council Meeting Minutes Tuesday, November 1, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kerry Donovan Kevin Foley Kim Newbury Susie Tjossem Andy Daly Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Rich Ten Braak with the Vail Chamber and Business Association (VCBA) thanked the candidates and Council members for their attendance at the Candidate Forum they hosted on October 20, 2011. He also stated the orientation class for businesses to receive member merchant ski passes will be held on November 3rd JK Perry, with Public Access Channel 5, gave a brief update on the new video system for the Council Chambers. He said the system will go "live" at the November 15, 2011, council meeting. The new system has four cameras attached and will have the capability to switch the audio between speakers and identify who is speaking. The input for the projection screen for power point presentations has also been added as well as a streaming encoder. Bob Armour, former Mayor and resident, thanked the Council candidates who were running again. He thanked Kim Newbury for her eight years of service and Dick Cleveland for his years of service to the Vail community. The second item on the agenda was the Town Manager Report. Zemler said there were two items under the town manager's report. One was the question regarding Council health insurance. He said the Council has had access to the town's health plan since 2000. Unless he hears otherwise, as of January 1, 2012, they will provide Council members with the same plan as the town staff. This will be an administrative change Vail Town Council Minutes of November 1, 2011 Page 1 and will be effective for all Council members. He stated since 2000, this has been done administratively. Zemler expressed his thanks to Cleveland and Newbury for all their years of service and friendship. Mark Miller, Fire Chief, gave a brief review of the hazmat spill on Vail Pass Sunday evening. He said there was a very significant risk as the contents were very flammable. All fifteen drums split and spilled. The Colorado Department of Transportation (CDOT), Vail Fire Fighters and the Eagle River Water and Sanitation District (ERWSD) responded to the scene. The west bound side of I -70 was closed for seven hours. He said an after- action report was done on Monday and there were deficits. He said a Reverse 911 alert went out that was erroneous. It was issued by a state hazmat unit and the message was supposed to say there could be issues with the water system. This was misconstrued as there were issues with the drinking water in Vail and led to lots of phone calls from restaurants and businesses. It took another hour or so to retract the call. As of today, a remediation company has begun work in the median and will go down 10 inches or so into the soil. The work being done is north of the interstate. The hillside will be phase three of the cleanup. ERWSD is continuing to monitor the water supply. As of today there is no problem with the drinking water. Tjossem asked, since there was no one working on the weekend, if there is a way to flash this information on the main Vail website to get the community informed. Miller said there wasn't great communication between CDOT and Vail. Newbury asked who was paying for the funding of the removal. Miller said the trucking company is responsible for all the remediation and the cost of the town services. Donovan said there was never a retraction text on water quality safety and wanted to see if there was one coming out. The EPN (reverse 911 system) and the Eagle County (EC) alert system are two different systems. Rogers said she went to the website and the reverse 911 was not easy to sign on to. Miller said the EPN is not a sign up system. It's for home phone service only and does not include cell phones. Miller thanked Cleveland and Newbury for their service and support, in particular for the West Vail Fire Station. Diane Johnson (ERWSD) said the EPN system is fantastic, loves it, trusts it and uses it. She said the dispatch center was a wonderful help. People's response in trusting the system is great. There is a difference between source water and the drinking water system. She stated there are ways to shut off the water system to protect the drinking water. Jim Lamont, representing the Vail Homeowners Association (VHA), asked the fire chief if there was an announcement about Highway 24 issues. Lamont stated the EC alert doesn't pick up some of the gap areas between Minturn, Vail and Avon. He said that still needs work and it was a horror story coming into Minturn and on Highway 24 due to the highway construction and Halloween trick or treaters everywhere. He said there was a lot of frustration as there were many vehicles detoured through Minturn. There Vail Town Council Minutes of November 1, 2011 Page 2 is a need for cell phone service in this area for emergencies. Newbury said the information needs to be coordinated and available in this area. Rayla Kundolf, town resident, said she was coming up from Denver, and all signs on the highway were up, the EC alerts were working and the cell phone carrier service is dependent on what information you receive. She said the driver of the accident should be commended for not having any injuries in this accident. The third item on the agenda was Resolution No. 21, Series of 2011; a resolution authorizing the town manager to sign a contractual agreement for phase 2, predevelopment services with Triumph Development, L.L.C., to further determine the feasibility of the redevelopment project and create a conceptual development program for the redevelopment of the Town of Vail municipal office site, located at 75 South Frontage Road, in cooperation with the Vail Valley Medical Center, the Steadman Clinic, and the Steadman - Philippon Research Institute; and setting forth details in regard thereto. Stan Zemler, Town Manager, stated that phase one had been completed. An initial feasibility study was done and it was favorable regarding redevelopment of the municipal site for this project. The next phase will be more detailed; with drilling tests, soil testing, geo -tech testing and a conceptual development program for this site. The town would share one -third of the cost of this phase or $100,000, of the total cost of phase 2 which is $300,000. Daly made a motion to approve Resolution 21, authorizing the town manager to sign a contractual agreement for Phase 2, predevelopment services with Triumph Development, L.L.C., to further determine the feasibility of the redevelopment project and to create a conceptual development program for the redevelopment of the Town of Vail municipal office site. The motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. The fourth item on the agenda was Resolution No. 22, Series of 2011; a resolution approving a lease agreement between the Town of Vail and the Colorado Department of Transportation (CDOT) regarding the parking along the non - travel lanes of the Interstate 70 Frontage Roads located within the limits of the town; and setting forth details in regard thereto. Greg Hall said the Council had additional questions regarding the lease at the last council meeting. He has since contacted CDOT and Vail Resorts Inc. (VRI). VRI is agreeable to paying the lease payment for 2012. He said similar improvements would be done on the South Frontage Road from the helicopter pad and west to the curve near the Vail Resorts maintenance yard as well as from the West Vail roundabout to Safeway on the North Frontage Road with guard rails. Vail Town Council Minutes of November 1, 2011 Page 3 Cleveland asked how long the CDOT lease will be. Hall said it is for one year. He stated CDOT is holding the town's feet to the fire to keep improving the Frontage Road. Daly made a motion to approve Resolution No. 22, approving the lease agreement between the Town of Vail and CDOT regarding the parking along the non - travel lanes of the Interstate 70 Frontage Roads located within the limits of the town. The motion was seconded by Donovan. A vote was taken and the motion passed, 7 -0. Zemler thanked Hall for all the hard work in getting this done. The fifth item on the agenda was the authorization to continue negotiations with Vail Timber Ridge LLC for the redevelopment of a portion of the Timber Ridge housing project. Stan Zemler said they would like to keep the conversation going between Vail Timber Ridge LLC and the town. HUD has requested this be a smaller project so they have to formulate another plan to present to HUD. Staff is asking for permission to continue the conversation for 90 days. The predevelopment agreement expires November 11, 2011. Zemler said Timber Ridge is almost full with short term and long term leases. Judy Camp confirmed Timber Ridge is 93% leased, with 69 year leases and 19 short term leases. This also includes 118 master leases from VRI. Daly complemented the staff on getting Timber Ridge leased. Zemler said they also needed to acknowledge Nina Timm and Quorum. The sixth item on the agenda was first reading of Ordinance No. 22, Series of 2011, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11- 3-3, Prescribed Regulations Amendment, Vail Town Code, to establish outdoor ski staging signage, and Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish outdoor ski staging as an accessory use in the Commercial Core 1 (CCI), Lionshead Mixed Use 1 (LMU1), Ski Base Recreation (SBR) and Ski Base Recreation 2 (SBR2) Districts and to establish basket storage as an accessory use in the CC1, CC2, CC3, LMU1, LMU2, SBR and SBR2 Districts, and setting forth details in regard thereto. Rachel Friede, Planner, asked Council if they wanted her to go through the power point presentation. Rogers said to show the power point as there is a lot of public interest in this item. Friede reviewed the presentation for Council and the public. She said the number one goal is to improve customer service, as well as maintain pedestrian circulation and to Vail Town Council Minutes of November 1, 2011 Page 4 creating regulations that are clear, concise and fair. There is a need to have clear expectations, outcomes and outdoor activities that will not negatively impact walkways. She said there is a need for clear direction for enforcement of the rules and regulations. They must be enforceable for code enforcement officials. Rogers asked why this couldn't be staff approved instead of going to Design Review Board (DRB) first. Rogers doesn't think this should go to DRB and could be staff approved unless there are other issues. She doesn't know why they need to come back year after year. Newbury asked how this applies to Four Seasons setting up for ski service and the American Ski Exchange with "for sale" skis. Friede said there are regulations for outdoor display of goods but this type of service is for rental skis and the skis would be rolled back into the business at night and would apply just to rental ski equipment. Daly asked the difference between a hotel and lodge who have outdoor ski storage and a commercial ski storage space. Friede said Four Seasons has storage outside but the rental business is similar where skis are placed out and then brought back into the business at night. This memorandum applies equally to all businesses. Tjossem asked if this addresses how many skis can be out at one time, as aesthetics are a concern. She asked how this would be regulated. Friede said this would be business specific. She stated most businesses said they don't need a lot of space. There is a need to regulate the times at the end of the day and early in the morning at the beginning of the day. Possibly 6:00 a.m. would be appropriate for the beginning time of the morning hours of operation. She said the clutter of the equipment outside at the end of the ski day, with some stores having equipment out until 10 p.m. doesn't fit if the town is trying to balance service and aesthetics. Tjossem agreed with Rogers that this is late in the process just before ski season. Making people jump through hoops is not fair. She said this should be staff reviewed for the first year instead of going to DRB. Donovan asked if it was correct to assume there could be twenty five tents and racks at each base of the mountain. Friede said yes. Tjossem said one of the special events matched the tents and it looked tidy and organized. Friede said Jeff Babb, from Vail Resorts, Inc. (VRI), could address some of these issues. Jeff Babb, with VRI, thanked staff for their work on this issue. He seconded the idea of moving forward on this in the spring. He said going through DRB is a lengthy process. He said there are boundaries, and the prime spaces are primarily owned by VRI and they have their own operations. He said other businesses would have to get permission to be in the ski yard. As for hours of operation, from a commercial aspect, 7 a.m. to 5 p.m. is adequate to serve guests. He said 7 a.m. is needed for first tracks at 7:30 a.m. Two primary reasons for signage and for tents: they are there when you want business Vail Town Council Minutes of November 1, 2011 Page 5 and gone when you are closed and secondly, it gives someplace for employees and electronic equipment to have coverage in inclement weather. He said the town needs to be cautious having everything look the same as it can be confusing for the guests. Greg Spencer, who helps run The Sebastian at Vail, thanked Rachel for attempting to herd the cats' in this process. He said once the Sebastian made connectivity with the mountain, they had significant improvement in their service. He said there is a need for this service to enhance the guest experience. He feels 7 a.m. to 5 p.m. works. He said everyone involved needs to keep the perspective on this topic as the hotel could have 200 hotel rooms full and have 600 to 700 skis to work out versus a shop doing 60 -70 pairs of skis. He wants more than a one year application and something less onerous. Cleveland asked about the necessity of being outdoors. Spencer said it's mainly to move equipment efficiently and to move people in and out of a small space safely and effectively. Tom Neyens said his concern is for the small shop. In the past, his shop has been able to have a rack outside of the shop and place the skis in a rack. Last year he had one large rack and this year two smaller racks. He said the 48 inch rack is on wheels and they can put it in a small corner of the shop. He says this issue comes down to space constraints. It becomes burdensome to customers and staff in a small space. With the new ordinance, businesses can't block window space. This is a concern as many shops wouldn't be able to take advantage of this ordinance. He said overnight storage has been part of his shop amenities for his clients. He is concerned about rental ski storage. He asked how do you differentiate overnight storage and ski rental storage. He said 99% of his 465 square feet is for ski rentals. Rogers said Council is not ready to pass this ordinance. Tjossem asked if we were taking away guest services by waiting. Friede said it was vague. There is a difference between retail and non retail space so staff could specify retail versus rental spaces. Tjossem said can they work through the year to get more clarity on this issue. Businesses, can still go through staff approval instead of through DRB. Friede said they could work through this. Daly asked Neyens about the operating times from 7 a.m. to 5 p.m. Neyens said it works but 7 a.m. to 6 p.m. works better for him. Daly asked if there would be staff full time outside his shop. Neyens said full time isn't necessary and places a burden on small shops. He wants it to be staffed during the busy times only and when equipment is in the racks. Further discussion ensued. Tjossem asked what the current regulations stated. Friede said currently this issue is unclear in the code. Staff wants to allow this to happen this ski season but there need to be some regulations in place to make this happen and an Vail Town Council Minutes of November 1, 2011 Page 6 ordinance needs to be passed. Cleveland said this was a recommendation by the Planning and Environmental Commission (PEC). Zemler said it's worth going through each section and doing something now. Mike Cacioppo asked who was complaining about this issue. Donovan said there have been complaints from an aesthetics standpoint. There are too many racks out in the public right of way and currently, rental shops were not allowed to do this. Tommy said there was a disparity between businesses. Tom Siparo, owner of Double Diamond, wants to see the hours extended as most people won't be able to eat dinner and would be rushed out of town. The town should be trying to create longer lingering periods for guests. Tjossem said this ordinance wasn't to close shops but just a timeframe to move equipment inside. Siparo is concerned about the possibility of illegal first floor storage becoming rampant. The aesthetics of a ski storage facility would be challenging, and if allowed to have ski storage, how could the businesses not block windows and entryways, clutter public ways and add storage to small spaces. He is against using public space for expanding business space. Tjossem asked if he had any recommendations. He said the farther you keep it away from retail spaces the better. Siparo said centering this in the ski yard would be better. Tjossem said Deer Valley has free storage for all guests. She feels that is what Vail should aspire to as well. Siparo asked how badly we want to impede the aesthetic beauty of Vail. Cacioppo asked if he will still be able to put skis at Pepi's to hear Rod Powell play. Cleveland said those were ski racks. This topic is about overnight ski storage. Tjossem said overnight ski storage is messy in the morning and in the late afternoon. Neyens said he doesn't want a junky look. He has nice looking racks and he needs racks for his customer base. Chris Crammer, with the Village Ski Haus, asked for the definition of retail and rental ski fronts. He said this is late in the game as ski season is almost here. People want to cruise through town and they want longer hours for the shop. He would like to see this issue move slowly forward. He can have 900 skis move through in one day. He can't serve Sonnenalp guests if racks are moved inside too early. Putting skis and bikes outside this summer made a difference in his business. Jim Lamont, VHA, said there are people who think the town is headed in a tacky direction. He said once you pass an ordinance, you're stuck with it. He wants Council and staff to spend more time to think about this ordinance. Vail Town Council Minutes of November 1, 2011 Page 7 Greg Spenser with The Sebastian said execution is the key. The challenge is to find the fine line of an acceptable number of skis, racks, aesthetics and balance. Kathy Langenwalter said she heard PEC was concerned about tackiness and the need. The PEC wants this issue to go through DRB and have it be reviewed in three years. She said some could go through staff approval and some could go through DRB. Siparo, with Double Diamond, said the rental shop fee normally includes ski storage. Newbury said she is not inclined to disregard the PEC recommendation. Daly said there aren't many changes to be done. Daly is going to recommend no approval from DRB until later in the season. Rogers wants staff to revise it and come back. Further discussion ensued. Daly moved to table Ordinance No. 22, until the November 15 meeting, and the motion was seconded by Foley. A vote was taken and the motion passed, 5 -2, with Newbury and Cleveland opposed. The seventh item on the agenda was second reading of Ordinance No. 21, Series of 2011, the Town Manager's budget for 2012. Discussion ensued on various line items in the Town Manager budget, along with other line items that need to be budgeted. Jim Lamont, representing the VHA, said he went through budget documents last year and at that time 2012 had a projected shortfall. He wondered how that shortfall had been negotiated. Halloran said in 2009 there were a lot of cuts with $2.1 million saved annually resulting in a balanced five -year budget. Zemler said Council had asked for a five year balanced budget. Cleveland said the budget is balanced. Daly said the charter said 50% is supposed to be for operations and it's currently 60 %. He said this is self inflicted as the town has made streetscape and other improvements. Rogers made a motion to approve second reading of Ordinance No. 21, and the motion was seconded by Foley. Donovan said she thought funding specifically for the Pioneer Days for the 50 Anniversary was separate. Tjossem said the $250,000 for the 50 should have Council or town oversight in how the $250,000 will be spent. She said 30,000 out of the $250,000 was for Pioneer Weekend. Halloran said that was correct and the $30,000 is separate for Pioneer Days. Zemler said this event starts to come together, staff will come back with a more detailed list in the future. Vail Town Council Minutes of November 1, 2011 Page 8 Zemler said since the CDOT lease has been signed off, he has begun discussions with VRI but wants the $630,000 allocated to CDOT budgeted while the discussions are ongoing. Daly said he is ok with amending his motion to include the $630,000, and Foley amended his second. A vote was taken and the motion passed, 6 -1. Newbury was opposed as she doesn't think Council should be voting to give money to special interests while departments held expenses flat and making employees pay more for their benefits. The eighth item on the agenda was second reading of Ordinance No. 23, Series of 2011, an ordinance extending, until November 19, 2012, amendments to Chapter 11 -7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the Administrator to approve said signs subject to review, and setting forth details in regard thereto. Newbury made a motion to approve on second reading, Ordinance No. 23, Series of 2011, and the motion was seconded by Rogers. A vote was taken and the motion passed, 6 -1, Foley opposed. Cleveland said in the last four years the Council has been criticized for micro - managing. He said it's incredible as to what has been accomplished during this time. The big developments have been finished and there are no vacant holes in the ground. They have cut the budget and maintained a balanced budget and improved the reserves while having improved guest services. The town is an example for the entire industry. VRI completed First Chair and the Arrabelle. After 25 years, the West Vail Fire Station was finally completed, the Lionshead Transit Center has been completed, the Welcome Center has been completed and Donovan Pavilion was completed in 2003 -2004. The town is on the cusp of solving and using conference center funds. The town is also in discussion with the hospital to redevelop the municipal site that will benefit the community for 40 years or more. It will help keep the hospital successful and growing and will be a huge accomplishment. And from the town side of the project, the town wants to see a new town hall and is in the beginning stages of accomplishing that. The town would have to have done this in the future anyway. The town has a much better project with partners. And this is as close as we have ever been with redeveloping Timber Ridge. This is the one stone hanging over the town's head. In 2012, the town will be completely debt free except for Timber Ridge. This community should be proud of the Council's and town's accomplishments. He said this has been an incredible experience for him. The ninth item on the agenda was adjournment. Vail Town Council Minutes of November 1, 2011 Page 9 As there was no further business, Foley made a motion to adjourn and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. Daly thanked Cleveland and Newbury for their years of service. The meeting was adjourned at 8:45 p.m. Respectfully submitted, I el Dick Cleveland, Attes N OF V L ele Donaldson, Town Clerk '; fS ' C6LORP Vail Town Council Minutes of November 1, 2011 Page 10 Vail Town Council Meeting Minutes Tuesday, November 15, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andrew P. Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro -tem Kerry Donovan Kevin Foley 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. Kaye Ferry, Vail resident, said she heard a rumor that employees moving into the First Chair Project in Lionshead were not allowed to park their vehicles on site. She asked Council to check into this rumor to see if it was valid. Stan Zemler said staff will look into this issue. Joe Hanlon congratulated the new and re- appointed Council members. He also thanked the Council for its support on Ballot Question 1 regarding the use of conference center funds. Daly thanked Joe Hanlon and the Yes on One committee for educating the Vail public on this issue. Rick Sackbauer, with the Eagle River Water and Sanitation District ( ERWSD) thanked the Council for being public servants to the community. He said the streetscape project and irrigation project completed in conjunction with the Vail Recreation District (VRD) and the ERWSD was done successfully. Mike Cacioppo congratulated the Council on Ballot Question 1. The second item on the agenda was the Consent Agenda, approving the meeting minutes of October 4 and 18, 2011. Donovan stated she was not in attendance at the October 4 meeting and would not be voting on the minutes. Foley made a motion to approve the October 4, 2011, minutes and the motion was seconded by Tjossem. A vote was taken and the motion passed, Town Council Meeting Minutes of November 15, 2011 Page 1 4 -0 -3, with Donovan abstaining along with new members Moffet and Kurz as they were not on Council at the October 4 meeting. Tjossem made a motion to approve the October 18 minutes and the motion was seconded by Foley. A vote was taken and the motion passed, 5 -0 -2, with new members, Kurz and Moffet, abstaining, again as they were not on Council on October 18. The third item on the agenda was the Town Manager Report. The first item under the town manager's report was an update on the Conference Center Funds by Town Manager Stan Zemler. Zemler reviewed with Council a plan to see how all three projects could have savings by working together on various aspects of each project, such as the geotech work and other areas. He said Jack Hunn had put together a Request for Proposal (RFP) for the Amphitheater in the past and the Vail Valley Foundation (VVF) is getting together additional, new items to add to the RFP's, to include architectural engineering and landscaping services. The first phase of the projects would be the bathrooms in the sports complex, the entry way to the Betty Ford Alpine Gardens (BFAG), the storage facility located on the western area of the sports fields, and a wall at the southwestern edge of the softball complex. He stated the Ford Amphitheater may lose one Hot Summer Night event at end of summer 2012. Zemler said the Vail Golf Course Club House (VGCCH) is an entirely different matter. He said an RFP will need to be sent out for the architectural and engineering services and see what schedule and timelines will be needed. The VRD is looking at the sequencing of this project. It may be a 2013 project, as well as the resurfacing of the playing fields. The town has a series of other budget dollars for reallocation for parts of the projects over the next few years. Daly asked if the substantive work on the VGCCH would be done in 2013. Zemler said yes, that when the VRD and town get through the budget process, tear down, phasing, bidding, etc. it doesn't make sense to begin this project in 2012. Daly said fall of 2012 would be the target he would like to see. Zemler said the remodel of the building makes more sense to do in the spring. He said the Nordic Center would still be operating during the winter of 2012. Zemler stated staff can bring Council two schedules to review on the VGCCH. Hall said that an RFP for getting it designed will come back in January of 2012. Rogers asked if there were RFP's for architects and contractors. Hall said there were RFP's for both. He said how we do construction procurement takes more time. Foley asked if the Ford Park Master Plan is being revised. Zemler said it is already in process. The second item under the town manager's report was a discussion regarding the New Year's Eve Special Event district by Dwight Henninger, Chief of Police. Town Council Meeting Minutes of November 15, 2011 Page 2 Henninger stated the Council was provided a memorandum about the 2012 New Year's Eve recommendations by staff. He said they will be keeping a low key profile but would still like to have the special event district in place as New Year's Eve is on a Saturday this year. Foley asked about the perimeter set up and keeping kids under 21 out of Vail Village unless they are accompanied by an adult. Henninger said only Vail police officers would be used this year and security would be low key. Tjossem asked if there were any alternative plans for the kids under 21. Henninger said Adventure Ridge will be open for a family event. Mike Cacioppo stated he was discriminated against in Myrtle Beach South Carolina when he was 18. He said the special event district and keeping kids under 21 out of Vail Village is unconstitutional. He asked Council to stop this practice. Tjossem said with the restrictions in place, it creates a space for the kids to go "underground" and use fake identification (ID). She wants to know how to lighten the regulations and get to more of a middle ground. Donovan stated since New Year's Eve is on a Saturday, the potential for very large crowds is an issue. She said it was a pretty scary experience in the village in years past. She said local kids stayed out of Vail Village. She supports keeping the regulations in place as this event is on Saturday. Foley asked if the police have to ask for an ID and someone produces a military ID which shows he /she is under 21, can the police make an exception. Kurz said there has been a softening stance in the recent past. He supports continuing the regulations for this year. The third item under the town manager's discussion was an update on the Lionshead Welcome Center by Tom Kassmel, town engineer. Kassmel stated the project has been challenging. Critical components are still needed. Stairs, skier drop -off and elevators will be open on Friday, the opening day of Vail Mountain. He said it looks like the remainder of the building will be open in January, 2012, due to changes and delays. Foley said the street lights on East Lionshead Circle were out, near the Dobson Ice Arena. He didn't know if the lights being out in this area were related to this project. Moffet said staff should notify the committee that worked on this project to show them what the Lionshead Welcome Center looks like completed. Daly wanted an update on what created the delays. Kassmel said they are working with the contractor R.A. Nelson on the changes and delays and how this affected the budget. He stated this was an aggressive schedule and the Welcome Center disign was changed which made a potential delay of a month, as well as other delays. Foley said there should be signs near the Welcome Center showing what it's going to look like. Tjossem asked if the short-term parking drop -off will be open. Kassmel said eleven of the parking spaces to the south will not be open immediately, but other spaces will be available. He said Town Council Meeting Minutes of November 15, 2011 Page 3 there could be the potential of moving the fences out farther as well. He said all the short term parking could be open and available by the holidays. Zemler said Timber Ridge, LLC has requested an extension for another 90 days. They have submitted a new set of plans per HUD. They need to find out how this gets moved along through the HUD process. HUD has approved an extension to February, 2012. This process is complicated and they are having difficulty in getting the financial structure in place. The town should know in three weeks if this project will move forward. The fourth item on the agenda was the appointment of Cyrus Buck Allen as Municipal Judge for the Town of Vail, as per Section 7.2 of the Vail Town Charter; the selection of the Municipal Judge is for an additional two years which coincides with the election cycle. Foley made a motion to appoint Cyrus Buck Allen as the Municipal Judge of the Town of Vail for a two year term which ends at the organizational meeting held by the Council after the regular municipal election in November, 2013, and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7 -0. Foley stated the town was fortunate to have Allen as the municipal judge and he does an exceptional job. Tjossem said thank you to Allen for his support of using community service for local non - profits. She said it involves the people who do community service in the community and makes them feel a part of the community. Allen thanked the Council for re- appointing him. He said Vail is exceptional and he is honored to contribute to the vision of the town and the community. The fifth item on the agenda was first reading of Ordinance No. 22, Series of 2011, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11- 3-3, Prescribed Regulations Amendment, Vail Town Code, to establish outdoor ski staging signage, and Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish outdoor ski staging as an accessory use in the Commercial Core 1, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts and to establish basket storage as an accessory use in the Commercial Core 1, Commercial Core 2, Commercial Core 3, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts, and setting forth details in regard thereto. George Ruther, Community Development Director, requested the Council table first reading of Ordinance No. 22, to the Council's December 6, 2011, public hearing to allow staff additional time to draft the Council's requested modifications to the proposed ordinance. Town Council Meeting Minutes of November 15, 2011 Page 4 Moffet made a motion to table first reading of Ordinance No. 22 to the December 6, 2011, Council meeting 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 first reading of Mil Levy Certification Ordinance No. 24, Series 2011. Kathleen Halloran, Budget Manager, said the current information is based on the August information received from Eagle County. Staff will have accurate, updated numbers for the next reading so they can certify to the county by December 15, 2011, which will include the abatement information as well. She said all mil levy assessments must be certified to the County for collection annually and this ordinance authorizes that certification. Rogers made a motion to approve first reading of Ordinance No. 24, Mil Levy Assessments and the motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 7 -0. The seventh 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 6:40 p.m. Respectfully submitted, Andrew P. Daly, Mayor F.11 Lorelei donaldson, Town Clerk S•OF• Vq / Town Council Meeting Minutes of November 15, 2011 Page 5 Vail Town Council Meeting Minutes Tuesday, December 6, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor 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. Diana Meehan, a Rotary Club member, stated they wanted to have the support of Council to keep the Rotary Duck Races on Sunday. Mike Cacioppo asked Council if there was a tax abatement from the county in regard to the mil levy ordinance that will be addressed later in the evening. Halloran said the tax abatement was $42,000. Cacioppo was concerned the tax payers interests were not represented if the assessor has assessed their property incorrectly. The rest of the community has to pay for the errors made by the assessor. He asked that the second reading of the mil levy ordinance be placed on hold and have the town research this issue in further detail. Daly said this item will be discussed in further detail under item number seven of the evening agenda. John Cogswell, a resident and member of the Rotary Club, said there was discussion suggesting the Duck Races move to the Monday of Labor Day weekend instead of Sunday. He stated the annual Rubber Duck Race needs to be held on Sunday and not moved to Monday. Susan Pollack, a member of Rotary, also wants the support of Council to keep the Duck Races on Sunday. She said it's a big family race and it's important to leave it on Sunday for guests. Dan Telleen, a business owner and Rotary member, said the Duck Races have picked up a lot of momentum through the years and he is afraid the momentum would be lost if it was moved to Monday. He also encouraged the Council to support keeping the Duck Races on Sunday. Town Council December 6, 2011 meeting minutes Page 1 Bill Suarez, a Vail Chamber and Business Association (VCBA) member, said it seems rumors are circulating that the VCBA doesn't exist anymore. He said Rich Ten Braak is still the director. He said the VCBA is still in existence, still trying to get new members and they are a viable entity. As a VCBA member and Rotary member, he had several calls over the weekend from concerned merchants stating the Lionshead area merchants feel they are not well represented with special events. He reported the Vail Daily newspaper listed the Snow Daze event schedule and it didn't have any events going on in Lionshead. Rich Ten Braak, VCBA Director and Rotary Club member, said there was a motion at the Commission of Special Events (CSE) meeting to move the Duck Races to Monday and that no funding would be given if it did not move. He said Lionshead would love to have more special events in Lionshead. Daly said CSE funding allocations will be discussed under a separate item on the evening agenda. The second item on the agenda was the Consent Agenda; the approval of the November 1 and 15, 2011, Council meeting minutes. Foley asked to split the voting on the minutes as not all members were on the board at the time. Foley moved to approve the November 1 meeting minutes and the motion was seconded by Tjossem. A vote was taken and the motion passed, 5 -0 -2, with Kurz and Moffet abstaining as they weren't on the Council at the time. Foley made a motion to approve the November 15 meeting minutes and the motion was seconded by Donovan. A vote was taken and the motion passed, 7 -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 the appointment of the Election Commission from November 2011 to November 2013. Pam Brandmeyer stated the town charter requires the Council appoint two people to be on the town's election commission after each election for the next two years. Staff recommended the Council appoint Vi Brown and Summer Holm as the representatives for the Election Commission. Rogers made a motion to appoint Vi Brown and Summer Holm as the representatives for the town's election commission from November 2011 to November 2013, and the motion was seconded by Tjossem. A vote was taken and the motion passed, 7 -0. The fifth item on the agenda was the discussion and appointments to the various committees and task forces. Every two years Council members select or volunteer members, either from Council, staff or other town representatives, to represent the Town of Vail on several committees or task forces. The appointments run concurrent Town Council December 6, 2011 meeting minutes Page 2 with the election cycle which is every two years. The appointments for each committee or task force will be from November 2011 to November 2013. A discussion was held in which each member of Council stated which committee they would like to serve on as a representative for the town for the next two years. The appointments are as shown in the attached memorandum dated "updated December 7, 2011," from Brandmeyer. The sixth item on the agenda was the Commission on Special Events (CSE) funding allocations for special events in 2012. Jen Bruno, CSE Chair, reviewed the CSE's process with the Council and the suggested special event funding recommendations and allocations for 2012. She said the CSE has worked collaboratively throughout the past year with the Vail Local Marketing District Advisory Council (VLMDAC) to align their criteria and strategy for special event funding with the VLMD's marketing campaign and to insure a calendar of events that supports the "Vail Brand." On November 2nd, the CSE reviewed the 37 responses they received from the request for proposals (RFP) which was sent out in August. The entire day was spent interviewing the event producers and listening to their presentations. Each CSE member used the criteria that had been jointly developed by the CSE and the VLMDAC to "grade" each event proposal. The final combined scores were used to rank the events that most successfully met the criteria. On November 16, the CSE met to determine the allocations that are being recommended to Council. Both the strategic memorandum and the proposed allocations were reviewed at the VLMDAC meeting on November 17th. The VLMDAC members expressed 100% support for both the strategic document and the allocations that were presented. Bruno stated they received $1.7 million in special event requests and they had $837,000 in the CSE budget. One of the main goals was to have events that brought in overnight guests to Vail and to reinvent existing events. The CSE was also interested in funding new events that would occur at pivotal timeframes throughout 2012. Bruno said there were two new iconic events: the Mojo Man Adventure Race which will be exciting and happens on Memorial Day weekend which is a pivotal time period. The CSE allocated $75,000 and the VLMDAC allocated $25,000 to this event. The other iconic event was the Teva Winter Games to be held in February. They hope this event builds and has the same effect as the Teva Summer Games does in June. She said without a larger budget, there were some special events that were cut. South of the Boarder Fiesta, held in June, showed on the rating grid used by the CSE that it did not receive high marks and did not live up to the Vail brand or standards. One of the solutions was to add $6,000 to the Saturday Family Afternoon Club. This event provides a great family atmosphere and the funding will add five additional days to the Town Council December 6, 2011 meeting minutes Page 3 event and help Lionshead merchants. The Barbeque Bonanza was also cut. The CSE didn't score this event very high. Vail's Carnivale was also cut as it didn't bring in additional people during President's Week. The Vail Antique Festival didn't apply for any funding. She said the CSE was continuing to fund successful events, i.e., Teva Mountain Games, Vail Farmers Market, Vail Snow Dazes and Spring Back to Vail were also funded but at reduced amounts. Gourmet on Gore as well as the Taste of Vail Lamb Cook -off, and the Kick It 3v3 were also funded. The largest summer occupancy rates occur during the Kick It 3v3 event. The CSE said the 4th of July celebration needed more vitality and the CSE is sending out a Request for Proposal (RFP) for this event. The CSE stated there is nothing occurring after the parade and people leave town. There is a need to create additional events that keep people in town throughout the day and up through the fireworks display. They will be making a decision at the CSE's February meeting to fund an event group to help get sponsorships for this event, have a festival atmosphere and with additional events happening throughout the day. She discussed further events that were funded for 2012. Vail Restaurant Month could extend the fall season. The merchants noticed more people in town. The VLMDAC funding helps support the event in addition to funding from CSE. The Vail Soul Music Festival could be successful; however, there are concerns that the marketing of this event gets overlooked. The VLMDAC has offered to help market this event, add funding to the budget while controlling the marketing funding for this event. Bruno said this past year was exciting and collaborating with the VLMDAC was great. Collaborating with the Council is the next step and the CSE asked the Council for funding for the Gran Fondo cycling event. She said they would team up with the U.S. Pro Cycling challenge and produce this around the U.S. Pro Cycling event. This is a big bike event with an Italian festival which will create a full event atmosphere and will have a large group in town with up to 1,000 participants. This event has proven to be successful in other cities and countries. The event producers have requested $50.000. The CSE wants support from the Council and is currently looking for an additional 43,000 for this event which would occur in mid - August. Daly said their memorandum requested $35,000. Bruno said the funding from CSE was $14,500. Daly said the U.S. Pro Cycling may or may not be in Vail every time so how does that impact the Gran Fondo event. Bruno said the Gran Fondo will only be in Vail. Tjossem asked if this event will be in Lionshead and Vail Village. Sybill Navas, special event coordinator, said the actual ride is the Leadville Loop. The vendors would need to be somewhere besides Meadow Drive because the Farmers Market will held on Sunday, the weekend they are planning the race. The Health and Wellness Symposium was funded at $25,000 and the CSE thinks this will be a great investment and believes it could be successful. Town Council December 6, 2011 meeting minutes Page 4 Daly said this is the most exciting CSE report he has been involved in. This is the type of cooperation that is necessary to make Vail successful and drive our economy. He stated he can't thank everyone enough for their collaborative, hard work on the CSE and VLMDAC. Rogers is going to sit as an ad hoc non - voting member of the CSE. She is impressed with their ability to work together and their ability to agree to disagree. Bruno stated the CSE is excited to have someone from Council attend the CSE meetings. Donovan asked when the 4th of July RFP's are due. Navas said they have not been sent out yet as they are looking for Council feedback. They plan on sending out the RFP at the end of the week. Daly said it makes sense to keep people in town. Donovan asked about the country fair type atmosphere. Bruno said a family type affair is what they are aiming for the 4th of July. They want an event producer with fresh ideas to keep people in town and keep them happy. The right producer will want to make it special. Tjossem said the event infrastructure in town with power sources and other challenges needs to be addressed. She wants event producers to give Council feedback on the challenges they have to produce events in town. She also wants a barbeque event the weekend prior to Father's Day so there is not a conflict on Meadow Drive. Foley thanked the CSE and VLMDAC for their collaboration. He said Vail Local Marketing District funding needs to go toward events. John Dawsey, Treasurer of VLMDAC, stated the VLMDAC is in support of the CSE direction and funding. They support the collaboration between the CSE and the VLMDAC to provide vibrant events. The VLMDAC is earmarking $100,000 for the U.S. Pro Cycling and $50,000 toward marketing these events. Mike Cacioppo said he is very impressed by the presentation made by Bruno. The idea of keeping people in Vail after the parade is a great idea. He suggested having a concert at the base of the mountain to keep people in town after 5 p.m. He suggested hiring America, the Nitty Gritty Dirt Band (the "Dirt Band ") or Bruce Springteen to play. He said some people may get a room for the night as it's a long day. Rich Ten Braak, representing the VCBA, said he knows how difficult it is to fund all events. He said the Lionshead merchants want more events and representation in their area. He said there is a shift from ambient events to get "heads in beds" events. He suggested ambient events still need to be funded. When people come to town and there is something going on, that keeps people in town. If the town begins to just fund a particular event and not ambient events, we may lose folks just passing through. Bruno said the CSE does focus on bigger events. However, the Farmers Market is an ambient event and they also increased the Family Fun Club from six days to ten days in Lionshead. They have continued to fund the kayakers in early May to showcase the Whitewater Park. Also, the Iamb cook -off is an ambient event as well as Octoberfest family activities and music. The CSE is continuing to find a balance between ambient Town Council December 6, 2011 meeting minutes Page 5 and big events. The CSE always encourages and ask event producers to have more family activities. Tjossem said they need to address the Rubber Duck Race event. Bruno said the CSE put in a recommendation for the Duck Races to move to Monday over the Labor Day weekend. She said Highline Sports added a Monday element for the Gourmet on Gore event and it proved to be successful. The have recommended the Rubber Duck Races move to Monday as they will bring people in on Monday. Combined with the Gourmet on Gore brunch on Monday it will be busy. The CSE believes people will come to Vail on Monday. Bruno said there is a huge amount of congestion on Sunday with Gourmet on Gore, the Farmers Market and the Rubber Duck Races all happening around the same area. They want to make the quality of time better for everyone. Rotary doesn't request funding from the CSE. Moffet said the difference between events is that the Rotary Club raises money for the community. If they don't raise money, they don't have funding to do things for the community. They need to make their budget to help the community. Jim Lamont, representing the Vail Homeowners Association (VHA), said this is a teachable moment. The Council moves from good intentions to regulations in an attempt to regulate. He said after having watched this process over three years and has seen the frustrations, due to coordination and collaborations. He is impressed with the talent and passion of each group. They have created a platform in the community and it represents itself to the world various attributes. He appreciates the effort but believes more things for the family unit are needed. The CSE needs to have a column on the grid that tells the community what demographic it serves. Each event has its specialty and specialty audience. He said enough is enough; there are events stumbling over themselves. The mix and program of events needs to be considered. When any of the efforts are made, it needs to recognize the full audience of who is being served. Sybill Navas said the purpose of the next CSE meeting was to come to a compromise and agreement for the Labor Day events: the Rubber Duck Races, the Farmers Market and Gourmet on Gore. She stated these are recommendations, not a mandate. She wants everyone to understand that they need to come to a compromise. She said not every date the Rubber Duck Race has been held in the past was on Labor Day weekend. Daly asked that the Council be informed as to what the solution turned out to be. Moffet said he appreciates all the work the CSE has done. Daly said thanks to everyone for all their hard work. Foley made a motion to approve the 2012 funding allocations for special events as presented by the CSE, and the motion was seconded by Rogers. Further discussion ensued regarding funding for the Gran Fondo. Town Council December 6, 2011 meeting minutes Page 6 The motion was amended by Foley to add up to $35,000 allocated to the Gran Fondo event subject to approval by the Council in the first supplemental appropriation of the 2012 budget. The motion was seconded by Rogers. A vote was taken and the motion passed, 7 -0. The seventh item on the agenda was second reading of Ordinance No. 24, Series 2011, the Mil Levy Certification. Kathleen Halloran, Budget Manager, stated the Mil levy assessments must be certified to the County by December 15. This ordinance authorizes certification of the mil levy. Mire said there was a question that this was a tax and he said this was definitely not a tax. Cacioppo said he had spoken to the Avon Town attorney and Avon had done a "De- Brucing" ordinance many years ago. Mire said the Town of Vail "De- Bruced" in the 1990's and pursuant to Colorado law this is not considered a tax. Rogers made a motion to approve Ordinance No. 24, Series of 2011, on second reading and the motion was seconded by Kurz. A vote was taken and the motion passed, 5 -2, Foley and Daly opposed. The eighth item on the agenda was first reading of Ordinance No. 26, Series 2011, and ordinance making adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, Health Insurance Fund and Conference Center Fund. Kathleen Halloran, Budget Manager, said staff has asked for an increase of $869,000 across all funds and adjusting revenue by $2.8 million. Daly had a question on the Lionshead Welcome Center overruns. Tom Kassmel, project engineer, said the Welcome Center is over budget. He said the majority of overruns are extensions due to many changes made to various parts of the project such as first floor changes, connections to the existing structure, snowmelt and water systems, fire sprinkler systems, etc. The total forecasted overrun cost is projected to be approximately $400,000. Staff has been in discussion with the general contractor, R.A. Nelson, and the contractor doesn't think the cost will be that high. A contingency was carried within the contract and there are inherent change orders costs. The items stated above were not included in the contingencies. Daly asked if the architect is also involved in the discussions. Kassmel stated they were involved in the discussions. Town Council December 6, 2011 meeting minutes Page 7 Kurz made a motion to approve first reading of Ordinance No. 26, Series of 2011, and the motion was seconded by Foley. A vote was taken and the motion passed, 7 -0. The ninth item on the agenda was first reading of Ordinance No. 25, Series of 2011, an ordinance amending Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, related to the calculation of gross residential floor area (GRFA) when the basement level of a structure includes a garage or employee housing unit (EHU) in the Hillside Residential, Single - Family Residential, Two - Family Residential, Two - Family Primary/Secondary Residential, Residential Cluster, Low Density Multiple - Family, Medium Density Multiple - Family, High Density Multiple - Family, and Housing Districts, and setting forth details in regard thereto. Bill Gibson, Community Development Planner, stated on October 24, 2011, the PEC forwarded a recommendation of approval to the Council for amendments to the Vail Town Code to allow the basement, garage and EHU deductions from the GRFA calculations to be applied to the entirety of the lowest level of a residential structure. Currently, the GRFA basement deduction is only applied to those portions of the lowest level not otherwise deducted as a garage or EHU. The purpose of the proposed amendments is to create consistency and equity in the calculation of GRFA. Without these amendments, houses with garages or an EHU located on the basement level will continue to be allowed less floor area than houses with the same garage or EHU located on an upper level. The PEC recommends approval of Ordinance No. 25, on first reading. He said Moffet and Kurz were on Council in 2003 and GRFA was a discussion topic back then. He said currently, the GRFA basement doesn't count toward the limit if you can't see it above ground. He said this is a proportional topic, i.e., someone can have a garage, employee housing unit and other things that didn't apply toward GRFA. This created some inequities. If you move a garage or an EHU gets moved up into the house, this changes the GRFA. The code is not clear on this topic so PEC asked staff to amend the code for clarification purposes. Properties with the same lot size and area will have the same GRFA no matter what. The basement deduction applies to the lower level no matter whether it's about a garage or an EHU. He said Cartin was the only dissenting vote at PEC. Daly asked for examples. Gibson gave examples of two houses on the golf course. Tjossem asked why the staff is bringing this forward. Gibson said it was about equity and fairness, as an appeal came forward and brought this to light. Further discussion ensued about various types of scenarios and examples of how this ordinance would clear up GRFA in lower levels. Rogers made a motion to approve first reading of Ordinance No. 25, including the findings as stated, and the motion was seconded by Moffet. A motion was taken and the motion was passed unanimously, 6 -1 with Donovan opposed. Town Council December 6, 2011 meeting minutes Page 8 The tenth item on the agenda was a request to continue all the Ever Vail applications, the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the December 20, 2011 public hearing. Donovan made a motion to continue the Ever Vail applications, the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011, to be continued to the December 20, 2011, public hearing and the motion was seconded by Moffet. A vote was taken and the motion passed, 7 -0. The eleventh on the agenda was adjournment. There being no further business, Tjossem 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 was adjourned at 8:30 p.m. Respectful lysubmitted, rew P. Daly, Donaldson, Town Clerk O• N•OF•V SEAL 4 % so O OOR Town Council December 6, 2011 meeting minutes Page 9 Vail Town Council Meeting Minutes — Special Meeting Tuesday, December 13, 2011 4:00 P.M. Vail Town Council Chambers A special meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Andrew P. Daly. Members present: Andrew P. Daly, Mayor Kevin Foley Ludwig Kurz Kerry Donovan Susie Tjossem Margaret Rogers Greg Moffet Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was a motion made by Kurz to go into executive session pursuant to C.R.S. §24- 6- 402(4)(a)(b)(e) and Section 4.2 of the Vail Town Charter, for the purpose of discussing the purchase, acquisition, lease, transfer, or sale of property interests; and to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Re: Timber Ridge Redevelopment. The motion was seconded by Moffet. A vote was taken. The motion passed 7 -0. Foley made a motion to adjourn the executive session and the motion was seconded by Moffet. A vote was taken and the motion passed, 7 -0. The town council reconvened in the special meeting at 5:10 p.m. and stated no other business was discussed during the executive session. Moffet made a motion to adjourn, and the motion was seconded by Donovan. A vote was taken and was passed 7 -0. The meeting was adjourned at 5:12 p.m. a= P Andrew P. Daly, May Attest: December 13, 2011 Vail Town Council Meeting Minutes Tuesday, December 20, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor 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. Dick Neal, a member of the Board of Directors for the Colorado Ski and Snowboard Museum, thanked the Council and staff for their support of the museum. He suggested they visit the new snowboard exhibit. Foley expressed the Council's condolences to the Fetterolf family for the loss of Robyn, one of Vail's police officers. The second item on the agenda was a discussion regarding Red Sandstone Elementary School (RSES) Update. Brian Nolan, representing the RE50J Eagle County School District Board, gave the Council and Vail residents an update. He said Sandra Smyser, Superintendent of the district is at another meeting this evening. Nolan is representing himself as a board member and he does not represent the whole board. He said they were not closing the Vail Ski and Snowboard Academy and the Red Canyon High School as they don't cost the district much money. He said RSES is at the top of a lot of people's minds. He said that the board was clearly told by the voters that there isn't a strong enough support for more funding for the school district. He said this is the most difficult board he has sat on. He said the public's call was for the board to pay more attention and they are doing that. He described some of the information still needed by the board to make informed decisions. The board's intent is to address this in January of 2012. He said the school district, over the past eight years, has made a commitment to support community schools. By having many small schools, there was a conscious decision Vail Town Council Meeting Minutes of December 20, 2011 Page 1 made to keep a school in each community. His opinion, as a board member, is that the thought of closing any schools in Eagle County is not where they are headed. Nolan said the next funding cuts to review will be staffing cuts throughout the school system. From cafeteria staff, transportation staff, teachers, etc., it will be across the whole school system, not just one school. Rogers thanked Nolan for coming to the Council meeting. Donovan asked if they had to make a decision by their February meeting. Nolan said that isn't necessarily so. He said the thought process is that they need to make decisions sooner than later. The school board meets twice a month. Nolan said the numbers from Phil D'Ofrio will come out right after the holidays. It's a matter of updating current numbers and finding out how much it would cost to move children around the county if they closed a school. They are inviting any ex- school board members to come and help brain storm. Tjossem asked about selling property. Nolan said they have a catalog of assets; however, this is probably the worst time to sell anything, but it's on the table. Tjossem said the referendum was voted down; but it wasn't because the citizens weren't supportive. It was voted down because of how the referendum was written and there wasn't a sunset clause. Moffet said in the past a similar referendum was voted down, and then it was brought back with detail and clarity and passed. Daly said the $5.5 million is a shortfall for 2012, but what is it in 2013 and 2014. Nolan said $5.5 million is steady throughout the five year forecast. He clarified $5.5 million was a shortfall each year for the next five years. He said if the school district can reduce their budget $5.5 million this year, they can reach that each year there after and have a balanced budget. Moffet said there are other ways to help with charter schools. Nolan said there are already two charter schools in the county. Jim Lamont, Vail Homeowners Association (VHA), said they should not compound the complexity with keeping the school open. He said the land was provided by the Town of Vail to build the school. If worse comes to worse, there needs to be a discussion between the Town of Vail and the school district about reversion of the facility and the land back to the town. This is a strategic land placement within town. He said a school is the heart and soul of a community. The town should explore other potentials if the worst comes to pass. Nolan said if the school district makes the decision to close RSES, there is no cost because it would revert back to the town. One of the reasons the school has a light on it is because the school district doesn't own the property. Daly said the Council is willing to work with the school district to help keep the school open. RSES is a critical part of the community and would keep the community viable. Nolan also said it's the Council and community's responsibility to get engaged. The school district needs to keep the Council and Vail community informed on what is happening at the school district. Tjossem said the superintendent came before Council two years ago and had given assurances that RSES would be kept open. Nolan said they should know Vail Town Council Meeting Minutes of December 20, 2011 Page 2 something in the next few meetings of the school district. Rogers said the Council is a group of seven people and he can call on any of the Council members to speak for the Council to help keep RSES open. The third item on the agenda was the Town Manager's Report. Mark Miller, Fire Chief, stated that West Vail Fire Station #3 was awarded a Station Style Award. An application was submitted to Fire Chief magazine for an award consideration. Vail received a silver award for the Career Category award. He said this is a big deal. There are 51,000 subscriptions to the magazine. The cost per square foot for construction of the West Vail Fire Station #3 was less than 75% of fire departments that had career or fulltime stations. He thanked the Council for their support. This has brought prestige to the town and the fire department. Daly said it was also a tribute to Miller and his team for monitoring this project. The fourth item on the agenda was the appointments to the Vail Local Marketing District Advisory Council (VLMDAC) and the Commission on Special Events (CSE). There were four vacancies on the VLMDAC and four vacancies on the CSE for two year terms. Kurz made a motion to appoint Dawsey, Hayda, Mullen and Gunion to the VLMDAC and the motion was seconded by Moffet. A vote was taken and the motion passed, 7 -0. Kurz made a motion to appoint Kerstiens, Bank, Bruno and Kundolf to the CSE, and the motion was seconded by Moffet. A vote was taken and the motion passed, 7 -0. The fifth item on the agenda was an update on the Timber Ridge Development. Stan Zemler stated on November 11, 2011, the pre - development agreement between the Town of Vail ( "Town ") and Vail Timber Ridge LLC (VTR) expired. Council directed staff to continue discussions with the developer for up to 90 days to work out further conditions of approval. Zemler announced that both parties have failed to come to an agreement to move forward and said there has been a suspension of the process between TOV and Vail Timber Ridge LLC. The town will continue to operate the Timber Ridge project and keep it a viable entity in town. Daly said this has been a very long process and the objective of the Council was to redevelop the site and reduce the amount of debt. The whole scope of the project changed and there were many long discussions trying to make this project work. The Council still thinks this is a viable project and the town will move forward. Daly authorized Zemler to put out a press release regarding the status of this project. The sixth item on the agenda was an update on the Municipal Site Redevelopment project . Vail Town Council Meeting Minutes of December 20, 2011 Page 3 The municipal site project is a partnership between the Town of Vail (TOV), the Vail Valley Medical Center (VVMC), and the Steadman Clinic (SC) to redevelop the town office site with a new municipal building and a new medical office building. The presentation will include a summary of the proposed project, an update on the due diligence work currently underway, a preview of the schematic design and architecture, an overview of the financing options the Town Council may consider for the project, and a schedule of next steps to be taken. George Ruther, Community Development Director, stated there was a lot of information to go over with Council. He went through staff's power point presentation quickly to make room for questions after the presentation. He said staff and the consultants were now 45 days into a 90 day process for the scope of work. Michael O'Connor, representing Triumph Development, presented the design and predevelopment investigation points that would happen in the next 45 days. He said the scope of work includes due diligence to date, advance design that works on the site, the construction budget, legal work, recommendation of needs for all parties to work together and a progress report. He provided a quick overview of the site study, design constraints, utilities, geotech information, the Colorado Department of Transportation (CDOT) right -of -way information, overall parking demand (194 spaces), easements and helipad relocation that currently is located on CDOT and TOV property. He said the TOV program elements include relocation of temporary council chambers to Donovan Pavilion and relocation of other office spaces. He said a temporary helipad is possible at the east end of the Ford Park parking lot or the west end of the public works snow dump area. The preferred site is the east end of Ford Park. The helipad would displace two to three parking spaces. The helicopter pilot preferred the Ford Park site. The redevelopment design program would accommodate the needs of all parties, including the medical office building housing the Steadman Clinic, the Steadman Philippon Research Institute, Howard Head spaces and the TOV offices, plus the parking spaces for all entities involved. George Ruther stated the Community Development building would be totally demolished. The west side of the administration building would be destroyed. The Police Department section of the building would be left in tact . He said he had reviewed the design concepts and the building would be inviting and flexible, last much longer than the current building, would be sophisticated and sustainable, active and energetic, and in keeping with Vail's theme and brand. The proposal shows the new municipal building would be atop a parking level. The two to three story building would be approximately 18,000 square feet net usable space. They are looking at possibly adding an additional 5,000 square feet. All Community Development and Administration Services would be accommodated in the building. Accommodations Vail Town Council Meeting Minutes of December 20, 2011 Page 4 would include civic use of the structure. The current building is approximately 85% efficient and the new building would be 90% efficient. Jonathan Heroux, representing Piper ]affray, discussed financing options for the town's portion of financing this project. He said traditionally, municipalities have four options: general obligation bonds (GO), sales tax revenue bonds (STR); certificates of participation (COP); or tax increment financing (TIF). He went through each issue type, describing the pros and cons, and what are viable options for this project. He stated there was a general market acceptance for all four types of financing options. Daly asked if TIF is an option. Heroux said not really, the town has done this type of financing in the past, so he added the option. He said the COP's are used for essential purposes, i.e., fire stations, police and administration buildings, and public safety buildings. Further discussion ensued regarding COP's versus other financing structures. Heroux stated given the time constraints, the COP's are the town's only option at this point in time because an election is not needed. He included rating reports for the TOV in his presentation. Ruther said there was a lot of information dispersed. He said staff had recommendations and time is of the essence. Based upon the proposed project schedule and due diligence work completed, staff recommended moving forward with next steps. Doris Kirschner, representing the VVMC, said three to four years ago the VVMC was looking at relocating down valley but has chosen to stay in Vail. She said the hospital is excited to be working with all the parties in this project. There is tremendous value in making this project work and to move it forward. She said it will help the hospital regain 35,000 square feet once the Steadman group moves out to help maintain their goal of enhancing and maintaining patient support and safety. The additional parking will be appreciated as well. The economic impact to the community is large and they are tremendously excited about this project. Dr. Peter Millett, an orthopaedic surgeon with the Steadman Clinic and a board member of the Steadman Philippon Research Institute, thanked the town for considering this opportunity. He was a faculty member at Harvard about six years ago and was recruited to come to Vail. He said it's a world class center but they are lacking in space. He stated there is a need for additional space to become a world class facility. They need the opportunity to grow and have a greater economic impact to the town. He stated he has about 500 patients each year that come from out of town and around the world with their families. This has a significant impact to the community. The clinic also brings in other resources, one of which is medical education to physicians from around the world. This brings in hundreds of physicians and would be a significant, positive impact to the whole valley. Millett said this project could make the valley the Silicon Valley" of the medical community. They are crammed in their current facilities Vail Town Council Meeting Minutes of December 20, 2011 Page 5 and look forward to what can be achieved with this project. He wants the Council to look favorably upon this opportunity as they need a world class facility. Daly said the town is fortunate to have this high caliber of physicians in Vail. He stated Dr. Millett was recognized in U.S. News and World Reportas one of the top 1% of physicians in the U.S., as well as three other colleagues at the Steadman Clinic. Rogers said they have the highest regard for the caliber of orthopeadic surgeons in the country, if not the world. She said she had heard that replacements, hip, knee, shoulder, etc., can't be done in Vail. She asked why they can't do replacements if we are the silicon valley of orthopeadics. Millett said that is not a true statement. He said he does about 100 shoulder replacements a year. They are not as well known for doing replacements, but they do them. He said they want to recruit world class talent for replacements to expand their opportunities and services. Daly asked how many physicians are currently in the clinic and with the expansion, how many could they add. Millett said there are currently nine physicians and they could expand to 14 or 15 physicians. This would increase surgical volume and increase patients. He said when they vacate their space in the hospital, the hospital could expand their surgery space to handle more patients. Jim Lamont stated the issues he sees are there has been a tradition through redevelopment to make a conscious effort to prepare for the future but cure some of the original errors. He wants to see master planning done for the municipal site and to add the Evergreen Hotel site to the mix. All traffic and loading and delivery should be relocated to the Frontage Road and no longer use West Meadow Drive. This is an opportunity to bring the entire WMC campus up to contemporary standards. He said the reason the Evergreen Hotel site becomes important is over period of years, there have been a series of deed restrictions and covenants that restrict the hospital and medical center. The master plan can be expanded and Vail could become a more aggressive medical care center than we now realize. This is a rare opportunity to review and rethink larger parts of Vail. Kirschner said after the first of the year, a master facility planning process will begin. Ideally they will look at how they could take all ambulance traffic off West Meadow Drive and relocate the helipad. Daly said the Council would like to participate in that process. Kirschner said they would be invited. She said the helipad at Ford Park is a temporary site. Donovan stated at some point she wants a very good understanding of the pedestrian overpass and to broaden the scope of discussion. She wants to know how the whole project works together. Moffet said he agrees with Lamont and wants to see a master planning process on the WMC. He said he is frustrated the current plan for the municipal site doesn't have another level for employee housing or lease space. He isn't Vail Town Council Meeting Minutes of December 20, 2011 Page 6 convinced the town hall needs to be on this site. If the buildings are land locked, he would like to see a 50 -year solution with room to grow. Rogers said she is in favor of pursuing this project. Health and wellness is a key component to the year' round vitality of Vail. She is pleased with the progress made so far and is enthusiastic about the project. She doesn't see any issues that were brought up that would be insurmountable to getting this project done. Foley said he is concerned that employee housing hasn't been addressed and expects the town and other parties to keep to the same standards as we ask other developers. He is not in favor of COP'S. He wants to have this go to a vote of the community for other financing options. Tjossem said the hospital and research institute haven't been appreciated or as well known locally as on the world wide stage. However, once the community understands what is happening at the institute and the services the medical center brings to Vail, the community will embrace it. Kurz said he is coming late to the discussions; however, both the redevelopment of the town functions and the hospital are pretty important to the community. It is vital that the hospital stays in the community. He asked how realistic the timing of the project is, if we have to go to the vote of the people to get this project done by the Championships of 2015. He wants to accommodate some of the points made regarding the master planning process. Daly said there is much work to be done. He asked staff to put aside adequate time in the next 30 days to help Council with a comprehensive work session to understand the space requirements, the business component, the timing as well as long term implications relative to the VVMC, such as the parking, helipad location,etc. He said to plan on bringing this topic back to work sessions on January 3 and January 17 and at the evening meeting on January 17 for public comment. He said there is a great deal of enthusiasm for the project and there need to be consistent world class standards that we hold ourselves to. Ruther thanked the Council and said everyone is looking forward to the challenge. A brief 2 minute break was taken. The seventh item on the agenda was second reading of Ordinance No. 26, Series 2011, an ordinance making adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, Health Insurance Fund and Conference Center Fund. Kathleen Halloran, Budget Manager, said there weren't any changes to this original ordinance but is requesting adding both a revenue and expense line item for the Colorado Department of Transportation (CDOT) lease for overflow parking in the amount of $20,000. Vail Town Council Meeting Minutes of December 20, 2011 Page 7 Kurz made a motion to approve, as amended, second reading of Ordinance No. 26, Series 2011. The motion was seconded by Foley. A vote was taken and the motion passed, 7 -0. The eighth item on the agenda was first 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 Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Bill Gibson, Community Development Planner, said on December 12, 2011, the Planning and Environmental Commission (PEC) forwarded the Vail Town Council a recommendation of approval, with the modifications outlined in Section II of the Staff memorandum to the commission dated December 12, 2011, for amendments to the employee housing requirements of SDD No. 22, Grand Traverse. The purpose of this ordinance is to amend the provisions of the special development district to: allow the employee housing requirements of the special development district to be met within the district, off -site, or a combination thereof; allow employee housing units to be exchanged in accordance with the procedures of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; and to "clean -up" the unclear, outdated and inconsistent provisions of the district. This ordinance only makes a change to the SDD. This is a first step in the process for an EHU exchange program for the applicant, the Bailey's, who have one of the six EHY's in this SDD. This amendment would allow all six existing EHU's in the Grand Traverse SDD to participate in the EHU exchange program now and in the future. Gibson explained the EHU exchange program for the benefit of Councilman Moffet and the public. Foley asked if this SDD required the units be rented. Only the most recent two of the six are required to have occupancy. Further discussion ensued regarding EHU exchanges. Ruther said this does not obligate the owners in the SDD's to do an EHU exchange; it allows them to do so if they choose. Gibson said all homeowners in the SDD have discussed this at their homeowners association (HOA) meeting and no one had any objections to this change. Donovan asked since this is an SDD, the EHU's were part of the public benefit to get the development approved. She feels with these amendments they are not honoring the original intent of the SDD process. Gibson said this doesn't mean any units will be lost since they could be on other town property sites, not just on this property. He said Vail Town Council Meeting Minutes of December 20, 2011 Page 8 this is very similar to the Valley EHU exchange SDD in October that the Council approved. Tjossem said the exchange would be doubling the size of the EHU as they have to double the size of the units when they do an exchange. They don't necessarily need a garage. Daly said Donovan's point is that SDD's have specific tradeoffs made for the public benefit and are we losing the public benefit with this exchange. Donovan said that is part of it. She said the SDD is almost a contract between the town and the developer and changing it is possibly diminishing the public benefits in the SDD. Gibson said amendments are common in SDD's and the review criteria is the same. Daly asked to table this item to the January 3, 2012, work session discussion and have a discussion on EHU's. Then have the first reading of this item at the evening meeting on that day. Tjossem said we passed one exactly like this two meetings ago. She said it was an SDD and she doesn't know why we are back tracking. There has been a slue of these and this has been incredibly beneficial to the town. These units were not being occupied. Now we are seeing results. Rogers said she is not in favor of tabling this item. She has an issue as she doesn't see the difference for a SDD. She said this is true for properties that are not SDD's as well. The EHU was not being used or being occupied. This is a benefit to the town as the town gets another EHU bigger and better somewhere else in town. This isn't about SDD's. This allows employee housing available in the town and this process is working. She said being an SDD is irrelevant. Donovan said since this is a SDD, it is relevant to her. She feels the town isn't seeing a direct public town benefit. Foley said in a historical perspective, the reason for EHUs on site was so there were lights on in the neighborhood, have more vitality in the neighborhood. Dominic Mauriello, representing the Bailey's (the applicant), said their life circumstances have changed and they want to use their homes differently from 15 to 20 years ago. First the HOA approved the application being submitted and all folks in neighborhood are on board. This is a different SDD than a typical SDD, since this became a subdivision. It was the developer coming forward in the beginning. The policy decision to open this up six months ago was to invite people who have underperforming EHU's to change the space they want. The biggest benefit is the town is getting 2 to 1 or 3 to 1 square footage for the exchange spaces. The town is getting homes or condominiums that can accommodate families and in equal standing somewhere else. It's a primary unit and not a lock off. Mauriello has done three exchanges and has four more coming through the process. He agrees with Rogers that there is no difference on this SDD. He said the units moved to another area in town where there is bus Vail Town Council Meeting Minutes of December 20, 2011 Page 9 service and other amenities available to the employee is a plus. Even the town's own housing requirements don't require 100% employee housing to be on site. Rogers said she wants the Council to allow this ordinance to move forward to second reading. Rogers made a motion to approve first reading of Ordinance No. 27, Series of 2011 and the motion was seconded by Tjossem and Kurz. A vote was taken and the motion passed, 4 -3, Daly, Foley and Donovan against. The ninth item on the agenda was second reading of Ordinance No. 25, Series of 2011, an ordinance amending Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, related to the calculation of gross residential floor area (GRFA) when the basement level of a structure includes a garage or employee housing unit (EHU) in the Hillside Residential, Single - Family Residential, Two - Family Residential, Two - Family Primary/Secondary Residential, Residential Cluster, Low Density Multiple - Family, Medium Density Multiple - Family, High Density Multiple- Family, and Housing Districts, and setting forth details in regard thereto. Bill Gibson, Community Development Planner, said the purpose of the proposed ordinance is to create consistency and equity in the calculation of GRFA. He stated there were no changes of the ordinance from first reading. Moffet made a motion to approve second reading of Ordinance No. 25, and the motion was seconded by Foley. A vote was taken and the motion passed, 6 -1 with Donovan against. The tenth item on the agenda was the Ever Vail applications. George Ruther, Community Development Director, stated staff requested the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the January 17 2012, public hearing. Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 to the January 17, 2012, public hearing. The motion was seconded by Donovan. Ruther stated the request to continue this item was requested by the applicant, Vail Resorts, Inc. Alex Iskenderian will have a written response for the next meeting. A vote was taken and the motion passed, 7 -0. 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 7 -0. The meeting was adjourned at 8:40 p.m. Vail Town Council Meeting Minutes of December 20, 2011 Page 10 Respectfully Submitted, Andrew P. Daly, Mayor Attest: r Lorelei,D`onaldson, Town Clerk 0 N OF SEAL Vail Town Council Meeting Minutes of December 20, 2011 Page 11