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Home My WebLink About2003 Vail Town Council Minutes TOWN COUNCIL EVENING MEETING TUESDAY, January 7, 2003 7:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council was called to order at 7:00 P.M. by Mayor Ludwig Kurz. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney • The first item on the agenda was Citizen Participation. Kaye Ferry, a resident of the golf course neighborhood, appeared before the Council to express safety concerns during mornings and afternoons along Vail Valley Drive near Ski Club Vail. With cars parked on both sides of the street, as well as with pedestrians in the roadway, the situation is extremely dangerous, Ferry said. She offered several possible solutions to include asking Ski Club Vail to rent parking spaces from Manor Vail or from the Golden Peak Children's Center to keep them out of the roadway. Encouraging use of the bus system also could be advised. Ferry urged the town to do something quickly before someone gets hurt. In response, Mayor Ludwig Kurz asked staff to review the situation and take whatever action was necessary. The second item on the agenda was the Consent Agenda. Diana Donovan offered two amendments to the December 17, 2002 minutes. Greg Moffet made a motion to approve the December 3rd and 17t"~ 2002 meeting minutes as amended. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was a presentation on Summer Air Service. Kent Myers, an airline consultant hired by Eagle County, made a presentation. Meyers stated he has been approaching various local governments and businesses to raise the $500,000 subsidy needed for summer air service to the Eagle County Regional Airport. Meyers stated the subsidy would only be used • during a "worst-case" scenario, stating the American Airlines program would F: mcaster/agenda/tcmeeU2003/010703 i provide daily flights from the Dallas-Ft. Worth Airport, servicing 28 connecting cities, beginning June 15 through Labor Day. While Councilmembers offered support for summer air service as a concept, Diana Donovan and Greg Moffet used the opportunity to question why the county doesn't cover the subsidy on its own. Both noted that while Vail taxpayers will send $9 million in property taxes to Eagle County this year, those same taxpayers will receive little back from the county in terms of direct services. Chuck Ogilby made a motion to pledge $10,000 from the Vail Local Marketing District budget to be applied to an overall guarantee of $500,000 for summer air service to the Eagle County Regional Airport. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was the appointments to the Conference Center Oversight Committee. It was agreed by Council to table this appointment until further notice, noting that it would be premature to make appointments until a land transfer took place between Vail Resorts and the town. Council directed staff to notify the 23 applicants (three have withdrawn) of the modified schedule and no additional applications were to be taken. The fifth item on the agenda was the Town Manager's Report. Town Manager McLaurin invited Councilmembers to attend the upcoming meeting of the Colorado Association of Ski Towns, which will be held on January 23 and 24 in • Vail. The featured speaker will be Mike Coffman, Colorado state treasurer. As there was no further business, Greg Moffet made a motion to adjourn the meeting. Rod Slifer seconded the motion. A vote was taken and passed unanimously, 7-0, and the meeting was adjourned at 7:45 P.M. Respectfully submitted, SEAL ~~~-'P ~'~~. Ludwig Kurz4lAayor ATTEST: 'fat ~!? ~-~4 \ u~cy`~. rel i onaldson, Town Clerk Minutes taken by Pamela A. Brandmeyer :7 F: mcaster/agend a/tcmeet/2003/010703 ~' AGENDA TOWN COUNCIL EVENING MEETING TUESDAY, January 21, 2003 7:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council was held on Tuesday, January 21, 2003, in the Town of Vail Council Chambers. MEMBERS PRESENT: Ludwig Kurz, Mayor Rodney Slifer, Mayor Pro-Tem Diane Donovan Dick Cleveland Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Bob McLaurin, Town Manager • Pam Brandmeyer, Asst. Town Mgr. The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was Artwork For Deer Migration Fence. Mayor Kurz stated that Leslie Pickling, Art in Public Places director, had asked that this item be postponed to a later date. Mayor Kurz also stated the Council heard a presentation from AIPP earlier in the day regarding artwork at Donovan Park. Dick Cleveland made a motion to allow the board to continue the project with the approved design. Greg Moffet seconded the motion. Diana Donovan stated for the record the design being considered was aspen leaves stamped into concrete on the back patio. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. Town Manager McLaurin reminded the Council of the CAST meeting in Vail beginning with dinner at the Ore House restaurant on Thursday evening, Jan. 23rd. McLaurin stated the regular CAST meeting would begin at 9:00 a.m. on Friday, January 24th, in the Town of Vail Council Chambers. State Treasurer, Mike Coffman, is scheduled to speak on proposed Tabor amendments. McLaurin encouraged Council members to attend. Also included in the Town Manager's Report was a • report relating to the repairs needed to the public library's sod roof. McLaurin F:mcaster/min//2003/012103 1 ., • • a stated the sod roof had a 20 year life expectancy and conversations to repair the roof would be upcoming. Mayor Kurz noted for the record the Council had a long and productive worksession earlier in the day. Kurz stated several items discussed in the afternoon would be scheduled for evening meetings and public input. Included among those items for discussion were the town's budget, savings and potentially increasing the town's revenue stream, and public financing for Lionshead. The Council also received an update on fire services in Vail and an update of the visitor's center. McLaurin also spoke regarding the budget, stating the first issue was to create a sustainable 5 year budget. McLaurin stated the staff would be bringing recommendations to Council for reducing the 2003 budget, as well as additional budget reductions for 2004. Mayor Kurz clarified the 5 year budget was a financial plan. As there was no further business, Greg Moffet moved to adjourn the meeting. Rod Slifer seconded the meeting. A vote was taken and the meeting was adjourned at 7:10 p.m. ti~N ~F V~~ I S~~ c~L ATTEST: ~(`~" Y I` 1 or lei D naldson, Town Clerk Minutes taken by Mary A. Caster F: mcaster/m in//2003/012103 2 Respectfully submitted, Ludwig Kull, Mayor a TOWN COUNCIL EVENING MEETING TUESDAY, February 4, 2003 7:00 P.M. The regular meeting of the Vail Town Council was called to order at 7:00 P.M. by Mayor Ludwig Kurz. MEMBERS PRESENT: ABSENT: STAFF MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Mgr. • The first item on the agenda was Citizen Participation. Kaye Ferry, representing Vail Chamber and Business Association and One Valley Leadership Coalition, advised the Council of a meeting at the Avon Chamber from 7 - 9 p.m. on Thursday, February 6th, to discuss economic relationships within Eagle County. Ferry stated there was a broad spectrum of valley leaders participating. Robert Akins of Verbatim Booksellers asked to speak regarding parking. Mayor Kurz informed Akins that parking was a discussion item on the agenda for this evening and would be addressed later in the meeting. The second item on the agenda was a discussion on Fire Services. Mayor Kurz thanked everyone for coming to the meeting. Town Manager McLaurin gave a presentation, reviewing data on fire services. McLaurin asked Council to set a date to make a decision on fire services. McLaurin recommended the addition of a third fire company (four new firefighters) plus construction of a third fire station on town-owned land in West Vail. McLaurin stated the additions would provide Vail with "A" level service through improved response times throughout the community and addressing the need to respond to three alarms simultaneously. Former Councilman Michael Cacioppo suggested the town had both a moral and legal obligation to build a fire station in West Vail, citing a 1981 agreement between the town and the then West Vail Fire Protection District. Others expressed life-safety concerns, saying response times of 8 to 10 minutes in West Vail are unacceptable for a world class resort. Former Mayors Bob Armour and Kent Rose urged the Council to proceed with caution, citing a list of other F:mcaster/agenda/tcmeeU2003/020403 1 • he felt the parking plan was a failure and preferred the one the town had last year, stating that disgruntled parkers in the valley had increased. Robert Aikens, operations manager for Verbatim Booksellers, read a letter from Verbatim's owner stating the new parking program has negatively impacted business at their store. Michael Cacioppo encouraged the return of free after 3. After much discussion, Rod Slifer made a motion to change the parking plan back to free after 3. Greg Moffet seconded the motion. Mayor Kurz stated he thought it would be too much of a disservice to the task force committee to change midstream, offering instead to create another level of education to our customers. Dick Cleveland agreed with Mayor Kurz, stating the issue should be addressed before next year's season begins. A vote was taken on the motion and the motion failed - 3 to 3, Cleveland, Donovan, and Kurz voting in opposition. Dick Cleveland then moved to implement the recommended actions with the addition of 40 dedicated shopper spaces and 20 dedicated shopper spaces in Lionshead for the balance of the season. Diana Donovan seconded the motion. A vote was taken and the motion passed unanimously 6-0. The sixth item on the agenda was an Art in Public Places (AIPP) Year End Review. Pamela Brandmeyer, Assistant Town Manager, informed the Council Leslie Pickling, AIPP Director, had requested this item be moved to the March 4tn evening meeting. • Regarding the seventh and eighth items on the agenda, Dick Cleveland moved to direct AIPP to move forward with the artwork on the deer mitigation fence and the Donovan pavilion doors, as previously budgeted. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The ninth item on the agenda was the Town Manager's Report. Town Manager McLaurin advised the Council the town had received a letter from the Eagle County Commissioners regarding the Berry Creek housing project. Greg Moffet made a motion to authorize the town to enter into an intergovernmental development agreement with the County to sell the town's interest in the housing project for $1 million, retaining the right of half of the units to employees working within the town of Vail. Dick Cleveland seconded the motion. A vote was taken on the motion and the motion passed unanimously, 6-0. Diana Donovan stated she felt the Council had taken a lot of abuse at this evening's meeting, and asked citizens to request copies of the Council highlights be sent to them to see what had been discussed previously before accusing the Council of not spending time on items. As there was no further business, Greg Moffet made a motion to adjourn the meeting. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0, and the meeting was adjourned at 11:00 P.M. • F:mcaster/agenda/tcmeet/2003/020403 4 • • .~~ N ~F V! SEAI- ~OIORP~ ATT ST: ele Donaldson, Town Clerk Minutes taken by Mary A. Caster F: mcaster/agenda/tcmeet/2003/020403 Respectfully submitted, /~~ ci~rf~ Ludwig K r ,Mayor • TOWN COUNCIL EVENING MEETING TUESDAY, February 18, 2003 7:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council was called to order at 7:00 P.M. in the Town of Vail Council Chambers by Mayor Ludwig Kurz. MEMBERS PRESENT Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Mgr. The first item on the agenda was Citizen Participation. Rick Mueller, owner of • the Vista Bahn building in Vail Village, addressed the Council, requesting assistance with a signage issue for a tenant (Alta Sports) in his building. Mueller stated the process for approval was such that the sign would not be approved until the end of the season, and asked for help with a temporary sign. Mayor Kurz asked Town Manager Bob McLaurin to follow up on the request. Tim Lynn of Intermountain, addressed the Council, regarding the proposed leash free designation at Stephens Park. Mayor Kurz stated this item was scheduled on this evening's agenda and invited Lynn to stay for this discussion. The second item on the agenda was a proclamation regarding National Athletic Training Month. Greg Moffet read the proclamation into the record. Moffet then moved to adopt the proclamation. Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was a request for Dobson ice time by Vail Junior Hockey and the Children's Learning Center. Andy Clark, Vail Junior Hockey program, made a presentation to the Council, promoting a "Skate for a Cause" fundraising event featuring the Detroit Red Wings alumni. Clark stated the fundraiser had the potential of raising $15,000 for the two organizations. Assistant Town Manager Pam Brandmeyer informed the Council the donation of free ice time requested by Clark would save a portion of Dobson's $3,500 daily fee. After further discussion, Greg Moffet moved to grant the request for ice time • out of the Council's allocation. Chuck Ogilby seconded the motion. Sybill Navas, 1 • representativg the Commission on Special Events, asked for a minute of the Council's time after the vote. Mayor Kurz referred to the usual procedure for requests such as this, but understood why it was being done at this time, as the event was just now being offered. A vote was taken on the motion and motion passed unanimously, 7-0. Sybil) Navas, Commission on Special Events representative, then addressed the Council, stating the committee's meeting this morning centered around the Vail Recreation District and how the CSE could assist in getting the two groups on the same wave length. Navas requested a joint meeting between the CSE, the Vail Recreation District and the Town Council. The fourth item on the agenda was the approval of the January 7 & 21, 2003, meeting minutes. Rod Slifer made a motion to approve the minutes. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was a discussion regarding the Donovan Park Pavilion Use of Facility. Pam Brandmeyer, Assistant Town Manager, informed the Council of two items on which the committee was asking direction, those being the issuance of the liquor license and the price-setting schedule for the pavilion. Brandmeyer stated the sub-committee's recommendation was to issue • the liquor license for the pavilion and grounds to the Town of Vail, thereby reducing the town's liability when hosting events at the pavilion, and setting the price and use to approach "break even" status. Rod Slifer referred to the Ford Amphitheater who holds their own liquor license, stating the pavilion would be similarly run. Brandmeyer noted the sub-committee's recommendation was that the town license the premises for the first year. It was also noted the Silverthorne pavilion had been in operation for over two years and had yet to see a break-even year. After further discussion, Greg Moffet made a motion to direct staff to move through the liquor licensing process. Rod Slifer seconded the motion. Bill Jewitt stated that although he was uncomfortable in not allowing the public to use the facility and the grounds whenever they wanted to have a get together, he would support the motion. Several Councilmembers also encouraged the committee to continue researching a "break-even" philosophy for the park that would include a different rate structure for community members, non-profit users and full paying customers. A vote was taken on the motion and the motion passed unanimously, 7-0. The sixth item on the agenda was a Dog Park Discussion. Mayor Kurz referred to the memo the Council had received from Todd Oppenheimer, the town's project coordinator, outlining the history of the leash-free status of Bighorn Park, noting this had been done on a trial basis, and the need to have the code amended if the park was to keep as a leash-free status. Comments were heard from several audience participants, in support of retaining the leash-free status at • Bighorn Park, as well as establishing aleash-free, voice command area at 2 • Stephens Park in Intermountain. There were also comments from the audience expressing concern regarding having areas for children to play without the fear of dogs running at large. Sybill Navas spoke in support of leash-free status in Bighorn Park, noting she had met several people while walking her dog in Bighorn Park and had not seen any dog fights there. Navas encouraged a fence be put around the play ground for the children's safety. Liz Supton, long time east Vail resident, addressed the Council, advising King Arthur's park was not a safe place for a dog park, as it would impact wild life in the area. Other comments from the audience included problems with out-of--town people with children that come up for the weekend and are not aware of the lease-free parks, over aggressive enforcement at the park, children's play area separated from the dog area, and the need to pick up after their dogs. Oppenheimer stated a portion of Stephens Park needed to be designated for the dog run area Chuck Ogilby commented on a very convenient loop in the area of Stephens Park that should not be fenced off the dog area, but recommended designating the park lease-free, voice command fora 6 month to 1 year trial period and then bringing it back to the Council for consideration of a change in the designation of the park. Dick Cleveland moved to designate Bighorn Park as a leash free. voice command park, as it currently exists and amend the leash law to change in designation The motion was seconded by Greg Moffet. A vote was taken on the motion and the motion passed unanimously, 7-0. Cleveland then moved to designate all of Stephens Park as a leash free, voice command park for 12 • months, with a review by the Council at the end of that period. Bill Jewitt seconded the motion. There was thank you applause from the audience. Cleveland also recommended that clean up materials be well-stocked at these parks. A vote was taken on the motion and the motion passed unanimously, 7-0. The seventh item on the agenda was the appointment of Pamela A. Brandmeyer as Interim Town Manager. Mayor Kurz stated for the record that Town Manager Bob McLaurin had resigned his position and was moving back to Wyoming. Kurz read McLaurin's letter of resignation into the record, stating that Friday, April 11, 2003, would be his last day of employment. Mayor Kurz thanked Bob for a job well done and for all the work he has done for the community. Greg Moffet made a motion to approve with extreme reluctance the acceptance of McLaurin's resignation. Bill Jewitt seconded the motion. Michael Cacioppo addressed the Council, stating for the record, he would like the Council to vote against approving this resignation, stating McLaurin has been the best town manager Vail has ever had. Secondly, Moffet moved to appoint Pamela A. Brandmeyer as interim town manager. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Brandmeyer stated she was not looking forward to April 11t", however, she and the staff would do their best to rise to the challenge of this interim time. The eighth item on the agenda was the Town Manager's Report. Town Manager McLaurin stated he had received copies of an Intergovernmental • Agreement (IGA) from Eagle County regarding the finalization of the Berry Creek • property, paying the Town of Vail $1 million, thereby releasing the Town of Vail from any further obligation to the development of this property. McLaurin stated he needed clarification of two points contained in the agreement, and had an appointment on Wednesday, February 19, 2003, to resolve these issues. McLaurin then asked for approval from the Council to execute the agreement, pending the meeting on Wednesday. Greg Moffet moved to authorize the town manager to enter into the IGA agreement with Eagle County, subject to final review by the Town Manager. Dick Cleveland seconded the motion. Cleveland asked McLaurin if he anticipated any problems with the agreement. McLaurin's answer was no. A vote was taken on the motion and the motion passed unanimously, 7-0. Chuck Ogilby stated he would like to make a motion on a gymnastics issue, directing the town manager to draft a letter to the Eagle County School Board for $600,000 for a gymnastics center at Red Sandstone Elementary School with a separate room for training and large parking lot at grade, to start construction this summer. Ogilby stated his motion included an enhancement of $400,000 paid by the Eagle River Water and Sanitation District and an additional $250,000 contributed by Vail Resorts Inc., $150.000 from the Town of Vail, as well as an in-kind contribution by the town's public works department. Ogilby stated this request still needed approval by the Eagle County School District, as well as the Vail Recreation District, who would run the facility. Ogilby requested the town • manager draft a letter to this affect to begin formal discussions with the parties involved. Greg Moffet seconded the motion. Dick Cleveland expressed concerns regarding obligating the town staff to do the construction of the facility, expressing concern about digging into the hillside. McLaurin stated the town had dealt with these same issues during construction of the soccer field at Red Sandstone. McLaurin stated he would draft a letter to the school district, but felt the district would be hard pressed to come up with $600,000. A vote was taken on the motion and the motion passed 6-1, Cleveland opposed. Police Chief Dwight Henninger passed out "Stay out of jail" cards to the Council, stating the purpose of these cards was to educate the public on drinking and driving. Henninger stated these cards would be distributed to bars and restaurants throught Vail and hoped to find partners for the next purchase of the cards, which cost $1.19 each for the information card and strip, and 60 cents for the strips only. Mcl_aurin jokingly stated if his deal in Wyoming fell through, he might return to Vail as a bartender at the Donovan Park Pavilion. As there was no further business, Greg Moffet made a motion to adjourn. Bill Jewitt seconded the motion. A vote was taken and the motion was approved unanimously, 7-0, and the meeting was adjourned at 8:15 P.M. • 4 ~o~r~ (?F V! • S~ ~w., ..®.~~ ~ Ily submitted, i~1~ Ludwig Kurz, Mayor ATTE T: orel~ Donaldson, Town Clerk Minutes taken by Mary A. Caster • • • L' n U TOWN COUNCIL EVENING MEETING TUESDAY, March 4, 2003 7:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council was called to order at 7:00 P.M. on Tuesday, March 4, 2003, by Mayor Ludwig Kurz. MEMBERS PRESENT Ludwig Kurz, Mayor Dick Cleveland Diana Donovan Bill Jewitt Chuck Ogibly ABSENT: STAFF PRESENT: Rod Slifer, Mayor Pro-Tem Greg Moffet Bob McLaurin, Town Manager Pam Brandmeyer, Interim Town Mgr. Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Kaye Ferry, representing the One Valley Leadership Coalition, addressed the Council, encouraging their attendance at the second of a three-part series on economics within the Vail Valley, on March 6t" at the Singletree Community Center. Ferry stated attendance had been good at the previous meeting and consolidation of county services would be discussed at this meeting. The second item on the agenda was Nottingham Environmental Quality Award. Bill Carlson, Senior environmental Planner, and Mauri Nottingham presented the 2002 award winners Carlson stated the award program was established in 1994, and named after Mauri Nottingham and the We Recycle program. Carlson thanked Alpine Bank, WestStar Bank, Vail Resorts, City Market, Holy Cross Energy and City Market for sponsoring the award program, as well as Russ Forrest and Diana Donovan for their participation in the program. Awards were presented to Susan Pollack of Vail for her contributions to environmental education programs throughout the Eagle County; R. A. Nelson for its commitment to environmentally-friendly practices; Vail Honeywagon for encouraging residents to use wildlife-resistant trash containers; and 15-year old Will James of Eagle Valley Middle School for undertaking an effort to maintain open space in the Eby Creek Mesa subdivision. 1 • The third item on the agenda was the Art in Public Places (AIPP) Year End Review. Leslie Pickling, AIPP Coordinator, introduced the AIPP board and made a presentation of their 2002 accomplishments. Mayor Kurz thanked Pickling and the board for their contributions to Vail. The fourth item on the agenda was a discussion on the Multi-Jurisdictional Forest Fuels Reduction Project in Intermix Areas. Cal Wettstein from the U.S. Forest Service and Ron Cousineau from the State Forest Service gave an overview to the Council regarding planning efforts for the upcoming wildfire season. Wettstein said the Vail Valley Forest Health Project, which covers 100,000 acres of surrounding area, would continue to address pine beetle outbreak problems. Wettstein stated for every tree infected by pine beetles last year, three more would be infected this year. Wettstein also spoke about the impacts of the drought, saying the Chamonix, Davos, Streamside, Intermountain and Bighorn neighborhoods were at high risk for wildfires. The Forest Service will be conducting an environmental assessment of these high-risk areas to determine what preventative measures would be needed to help spare homes if a wildfire were to occur. Ron Cousineau presented information on defensible space to the Council. Cousineau stated defensible space consisted of an area surrounding a structure where the vegetation had been modified to mitigate the fire hazard and provided an opportunity for firefighters to safely defend a structure in the path of an approaching fire. Cousineau stated the State Forest Service • would be working with the Vail Fire Service and the Town of Vail this spring to help educate the Vail community about defensible space and what homeowners can do to protect their property from wildfires. Local publisher Michael Cacioppo inquired about the opportunity for logging companies to take out trees killed by pine beetles. Wettstein explained that occasionally logging companies are used to remove trees killed by pine beetles, but it depended on how accessible an area was and how economically feasible it was for the company. Kaye Ferry questioned the ability for residents to remove trees on their property to create defensible space. Community Development Director Russ Forrest explained the town allows homeowners to remove trees killed by pine beetles, but required a permit from the Design Review Board for removal of healthy trees. Diana Donovan questioned the guidelines used to create defensible space. Cousineau explained the State Forest Service used specific guidelines based on items such as fuel types surrounding the area, winds, slope-sides, roofing on homes and whether the home was accessible for emergency service vehicles. The fifth item on the agenda was the Investment Policy Report. Bob McLaurin, Town Manager, presented the annual report on the town's investments as required by town code. Cash and investments at December 31, 2002, totaled $23 million. McLaurin stated the town's funds were invested first for safety, then liquidity and finally return. Bill Jewitt raised a question in relation to government securities. McLaurin responded he would have Judy Camp, the town's Finance Director, research his question and get back to him. • 2 • The sixth item on the agenda was the Town Manager's Report. Greg Hall, Public Works Director, informed the Council that portions of the equipment and the structure at Pirate Ship Park were in need of repair or replacement. Hall stated that replacement of the park's equipment was included in the 2003 Real Estate Transfer Tax (RETT) budget and could be coordinated with Vail Resorts' "Front Door" project. Councilmember Diana Donovan encouraged the town to keep the new equipment visually similar to the current structure. The Council was in agreement to have staff begin the review process for the park. Under Matters from the Mayor and Council, acknowledging a discussion during the work session earlier in the day, Chuck ~gilby made a motion to authorize the Children's Garden of Learning to proceed through the process with the Design Review Board and Planning Commission to approve the center to be relocated to the Hud Wirth site for 18 months. Dick Cleveland seconded the motion. Diana Donovan expressed reservations in doing this, trusting the boards will watch out for the town's best interests. Town Manager McLaurin reminded the Council permission to proceed through the process did not necessarily mean approval would be given. A vote was taken on the motion and the motion passed unanimously, 5-0. Assistant Town Manager Brandmeyer asked for volunteers from the Council to be hosts at the Wednesday night Streetbeat series. Dick Cleveland volunteered for this week's concert and Mayor Kurz volunteered for a concert in April. Bill • Jewitt asked for a schedule of the upcoming concerts. Brandmeyer stated the Vail Chamber and Business Association (VCBA) would be discussing Business Improvement District (BID) questions at the April 1St 2003, meeting. Chuck Ogilby made a motion to increase the number of dedicated parking spots at the Spraddle Creek trailhead for users of the 10t" Mountain Division but system from two to eight spaces. Ogilby explained that during busy weeks and weekends, but users have been forced to park elsewhere due to lack of available parking. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Brandmeyer reminded the Council of the joint meeting with the Eagle County Commissioners on Thursday, March 13t"~, at noon, at the Chop House restaurant in Beaver Creek. Brandmeyer stated the discussions would include funding for capital and other projects, as well as possible consolidation of services. Mayor Kurz urged as many Council members as possible to attend. Brandmeyer also informed the Council of a letter received from the Vail Recreation District (VRD) regarding Vail Ice Dome issues. Brandmeyer stated this issue would be discussed at the March 18t" work session. • • Chuck Ogilby proposed the Council allocate $5,000 from the escrowed $400,000 the town could receive from the sale of the Old Town Shops to pay for a basic design concept for the proposed indoor recreation facility at Red Sandstone Elementary School. Ogilby expressed his concern that unless the town took action soon, the gymnastics program would be left without a permanent home after its lease expires in Avon next year. Town Manager McLaurin stated the funds were presently held by the Eagle River Water and Sanitation District. Attorney Matt Mire advised Ogilby he would like to review the agreement before any allocation on the funds was made. Ogilby then made a motion to set aside $5,000 with the two contingencies mentioned above. The motion failed for lack of a second. Diana Donovan stated she felt the school district should be contacted first. Assistant Town Manager Pam Brandmeyer advised the Council she left a message with the Superintendent of Schools after the Council's last meeting, but had not received a reply to date. Dick Cleveland suggested waiting for two weeks on Ogilby's motion and to contact the school district again. Dick Cleveland reported the Northwest Colorado Council of Governments (NWCCOG) gave the Community Development Department a $3,000 technical grant fora 3D program that will assist with base mapping. Bill Jewitt gave an update on the Vail Recreation District's proposed redesign of the Vail Gofl Course greens and tee boxes Jewitt stated the VRD had • interviewed 2 architects and had recommended hiring Dick Bailey, a former Vail resident, for the redesign. Council was advised a Donovan Park Pavilion meeting was scheduled for next Monday at 8:15 a.m. As there was no further business, Bill Jewitt made a motion to adjourn the meeting. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 5-0, and the meeting was adjourned at 8:30 P.M. ATTEST: `° ~~~ 1 lei p~onaldson, Town Clerk • ~~~~.~ ~~y~ C S~ ~~~~~~~~ Respectfully submitted, ~-'~ ~7~ut-. Ludwig Kum, Mayor 4 Minutes taken by Mary A. Caster • • C: TOWN COUNCIL EVENING MEETING TUESDAY, March 18, 2003 7:00 P.M. TOV COUNCIL CHAMBERS MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Ass"t. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Howard Gardner, Vail busness owner, addressed the Council regarding the town's recent merging of the Vail library into administrative services. Gardner stated the library department was created under the town charter, and changes to that could only • occur by an ordinance passed by the Town Council. Gardner suggested the library may be able to form its own special district. The second item on the agenda was a presentation from the Division of Wildlife (DOW). Bill Andree presented Police Chief Dwight Henninger with a plaque and recognized the Vail Police Department and Council for its efforts to address problems with bears. A "dawn to dusk" ordinance had been enacted last year to make it a violation to place trash out on days other than scheduled pick-up days , inviting bears to go through the trash. Chief Henninger and Town Manager Bob McLaurin commended Patrol Officer Matt Lindvall for spearheading the project. The third item on the agenda was a Vail Valley Economic Council Update. Arn Menconi, Eagle County Commissioner, and retired businessman Don Cohen presented an overview of a plan to form a Vail Valley Economic Council. Menconi distributed information to the Council, stating he was making this presentation around the valley. Cohen stated the purpose of the Council was to target high value jobs which would require minimal infrastructure support. It was noted that the Council had received a $5000 donation from the Town of Avon. The fourth item on the agenda was the Consent Agenda, which included approval of February 4 and 18, 2003 meeting minutes. Diana Donovan reported two corrections to the February 4th minutes. Greg Moffet moved to approve the • February 4 and 18, 2003, minutes as corrected. Dick Cleveland seconded the 1 • motion. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was a discussion regarding Fire Services Decision. Town Manager McLaurin stated that at their February 4t" meeting, the Council indicated they would make a final decision on fire services on March18t". A lengthy discussion followed regarding the need for a third fire station, the need for a third fire company, and the location of the new station. Public comment was heard from numerous West Vail residents, offering suggestions on the new fire house. Local publisher Michael Cacioppo suggested the elected officials were "waffling" from positions expressed during a February discussion. Councilman Jewitt disagreed, saying the Council was trying to get something done with "good intentions." Craig Davis of the Vail Professional Firefighters Association invited Councilmembers to come by the fire station to discuss their concerns. Byron Brown of West Vail suggested the Council take a look at selling the property the current main Vail fire station is on and using the money to build the new fire station. Michelle Hall recommended aride-along with the fire department to gain a better understanding of emergency response. Flo Steinberg stated she felt the Council seemed to be too casual about this issue and should consider it more seriously. After much discussion, Dick Cleveland made afour-part motion to be done concurrently as follows: 1) to direct the town manger to issue a request for proposals for architectural services to begin the planning and design of a new emergency services building to better serve the West Vail area and to determine the best funding mechanism available to build and equip that facility; 2) to direct • the town manager to commission an impartial study to review the current management and staffing and procedures of the Vail Fire and Emergency Services to determine what is needed in the way of a new building, equipment and manpower to reflect the best interests of the town; 3) to direct the town manager to commence negotiations with the Eagle River Fire Protection District to determine if it is in the best interest of the citizens of the Town of Vail to consolidate fire services within that district; and 4) to direct the town manager to begin these actions in the next 30 days. A vote was taken on the motion and the motion passed 6-1, Ogilby opposing. Ogilby stated he was concerned about the town's ability to fund a new facility, given other priorities, so that a proposed funding mechanism should be included in this motion.. The sixth item on the agenda was the appointments to Planning and Environmental Commission (PEC), Design Review Board (DRB), Commission on Special Events (CSE), Art In Public Places (AIPP), Local Licensing Authority (LLA), and Building and Fire Code Board of Appeals (BFCBA). Rod Slifer moved to appoint Gussie Ross and Nancy Sweeney to the Art in Public Places (AIPP) Board; to appoint Richard tenBraak to the Commission on Special Events;and Bill Bishop to the Local Licensing Authority (LLA) Board. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Council then voted by secret ballot on the remaining boards. • 2 Slifer then moved to appoint Chas Bernhardt, Doug Cahill and John Schofield to • the Planning and Environmental Commission and Kathy Langenwalter to the Building and Fire Code Board of Appeals, with Kyle Webb as an alternate. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Slifer then moved to appoint Bill Pierce to the Design Review Board (DRB). Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. A motion was then made by Slifer to appoint David Viele to the Design Review Board. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was the appointment of Wilcox, Miller, & Nelson to serve to manage the recruitment of a new Vail town manager to replace Bob McLaurin, who has resigned effective April 11, 2003. John Power, Human Resources Director, referred to the contract in the Council's packet, stating the team would be in Vail on March 31 and April 1, 2003, to develop a candidate profile. Power stated members from the community would be involved in the selection process. Mayor Kurz was appointed as staff-council liaison during the search process. • The eighth item on the agenda was the Bighorn Park leash law ordinance, Ordinance .#1, Series of 2003, first reading, an ordinance amending Title Six of the Vail Town Code, exempting areas of Bighorn Park from Town of Vail requirements regarding pet animal owners' immediate and physical control of dogs. Town Attorney Mire stated Council had requested an ordinance amending the Town Code to allow dogs to be in certain areas of Bighorn Park without the requirement that the dog be under physical control or the immediate control of the dog's responsible party, as defined in the Vail Town Code. Greg Moffet made a motion to approve Oridnance #1, Series of 2003, on first reading. Dick Cleveland seconded the motion. Chuck Ogilby questioned the potential ambiguity of the exemption which needed to be clarified before second reading. A vote was taken and the motion passed unanimously, 7-0. Rod Slifer stated for the record the Council had not passed an ordinance for 77 days in 2003. The ninth item on the agenda was the First Reading of Ordinance No. 2, Series of 2003, an ordinance amending Section 12-3-3, Appeals, Vail Town Code, amending the procedures for appealing a decision, determination, or interpretation of the Administrator, Design Review Board and/or Planning and Environmental Commission. Head of Planning George Ruther addressed the Council, stating his staff had been directed to prepare an ordinance amending • the appeals procedure for the Zoning Regulations of the Vail Town Code to 3 • eliminate the conflict between the 10-day appeals timeframe and the meeting schedule of the Vail Town Council. Ruther stated on February 24, 2003, the Planning and Environmental Commission held a public hearing to discuss the proposed text amendment. Following discussion of the amendment, the Commission voted 6-0 to forward a recommendation of approval of the proposed text amendment to the Vail Town Council. Ruther stated the ordinance amends the appeals procedures to increase the time frame to a 20 day period, rather than a 10 day period and a continuance from 30 days to 40 days. Greg Moffet moved to adopt Ordinance #2 on first reading. Bill Jewitt seconded the motion. A vote was taken on the motion and the motion passed unanimously, 7-0. The tenth item on the agenda was Ordinance #3, Series of 2003, and ordinance amending Title 8 of the Vail Town Code, providing amendments and additional warranty conditions regarding street openings, excavations and pavement cuts. Greg Hall, Public Works Director, addressed the Council, stating this ordinance amends the Vail Town Code to require that contractors provide the Town with a two year, as opposed to a one year, warranty period for certain street work performed within the Town of Vail. Greg Moffet moved to approve Ordinance #3 on first reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The eleventh item on the agenda was Resolution #1, Series of 2003, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, Planningand Environmental Commission, Design . Review Board, and other Boards, Commissions, and Authorities of the Town of Vail. Bill Jewitt moved to adopt Resolution #1, Series of 2003. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The twelfth item on the agenda was the Town Manager's Report. Town Manager McLaurin requested a motion from the Council to approve an amendment to an Intergovernmental Agreement (IGA) with Eagle County to reflect a request by the Eagle River Water and Sanitation District to withdraw from participation in the Miller Ranch housing project. McLaurin stated all other provisions of the previous IGA remain. Greg Moffet moved to approve amendment to the IGA. Dick Cleveland seconded the moton. A vote was taken and the motion passed unanimously, 7-0. The Town Manager announced a Colorado Association of Ski Towns meeting (CAST) on Thursday, March 20`h at noon in Denver with the Colorado Municipal League. McLaurin stated Tommy Drake, ,would be speaking regarding Tabor at the CAST dinner Thursday night. Chuck Ogilby made a motion to authorize $5000 from the sale of the Old Town Shop facility to be used to fund a preliminary design for construction of a multi-use recreation facility at Red Sandstone Elementary School. Greg Moffet seconded the motion. Diana Donovan expressed concern regarding the position of the Vail Recreation District. A vote was taken on the motion and the motion passed 5-2, Bill Jewitt and Dick Cleveland opposing. Diana Donovan asked Councilmembers to review materials provided by the Memorial • Park task force and get back to her with comments as soon as possible. This item has 4 been scheduled for the April 15th work session. Greg Moffet directed comments to town manager Bob McLaurin regarding action being taken on I-70 noise from highway. McLaurin stated no discussions had taken place with the Colorado Department of Transportation since the completion of the berms, and possibly the new town manager will fix the problem. As there was no further business, Bill Jewitt made a motion to adjourn the meeting. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 9:20P.M. Respectfully submitted, Ludwig Kur ayor • ATTEST: \ ~~ ~elei onaldson, Town Clerk Minutes taken by Mary A. Caster SF~, ~oc~~:~' • • TOWN COUNCIL EVENING MEETING TUESDAY, April 1, 2003 6:00 P.M. TOV COUNCIL CHAMBERS Members present: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Bob Armour, former Town of Vail Mayor and long time resident, thanked Bob • Mclaurin for all his contributions to the community and wished him well in his new job as town administrator in Jackson, Wyoming. Armour stated the town was a better place because of him. Mclaurin was not in attendance, as he was recovering from a broken leg. Resident Andy Weissner played an April Fool's joke on the Council as he pretended to be a new employee of the U.S. Forest Service, reading atongue- and-cheek letter from forest supervisor Martha Ketelle. Weissner then addressed the Council with a request to support a proposal which will be presented to the Eagle County Commissioners on April 22 regarding the make- up of an Advisory Committee to help the Commissioners allocate money from the new open space tax. Mayor Kurz gave an update regarding the company hired to help with the town manager search, stating the town and the research firm were putting together a profile for new city manager and would be seeking public input to given to John Power, Human Resources Director, in writing before April 11tH The second item on the agenda was the Consent Agenda. a. Proclamation #2, Series of 2003, proclaiming April 13 - 19, 2003, as National Public-Safety Telecommunications Week. (5 min.) • Each year, the second week of April honors the men 1 • and women nationwide who serve as public safety telecommunicators. This observance was first conceived by Patricia Anderson of the Contra Costa County (Calif.) Sheriffs Office in 1981. By the early 1990s, the national Association of Public Safety Communications Officials organization successfully lobbied Congress for a formal proclamation. Rep. Edward J. Markey (D-Mass.) introduced what became H.J. Res. 284 to create "National Public Safety Telecommunicator Week." Following congressional procedure, it was introduced twice more in 1993 and 1994, before becoming permanent. In recognition of the dedicated staff of the Vail Public Safety Communications Center and staff, the town would like to propose that the Town Council reaffirm the congressional proclamation created in 1992 by signing a proclamation of support. This year, National Public Safety Telecommunicator Week runs from April 13-19. This proclamation will be a strong show of public support in these tremulous times. • Greg Moffet read the proclamation into the record. Moffet then moved to adopt Proclamation 2. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. b. ITEM/TOPIC: Agreement between the Town of Vail, Colorado and Bond/McCoy Volunteer Fire Department. Greg Moffet moved to authorize the town manager to sign the agreement. Dick seconded the motion. Diana Donovan stated she wanted to make it clear the town will be reimbursed for their services. A vote was taken and the motion passed unanimously, 7-0. c. Approval of March 4 and 18, 2003, meeting minutes. Dick Cleveland moved to approve the minutes. Rod Slifer seconded the motion. A vote was taken and the motion ~assed unanimously, with Greg Moffet abstaining from the meeting of March 4t , as he was not in attendance. The third item on the agenda was the discussion of recommended 2003 budget modifications and 2004 budget direction. In reviewing a remaining list of six budget modifications proposed by Town Manager Bob McLaurin, the Council • granted a request by the Vail Chamber and Business Association to delay a discussion on 2004 funding until the April 15 Council meeting. At that meeting a • related presentation on creation of a Business Improvement District (BID) will be made to the Council by the VCBA. McLaurin had recommended elimination of town funding for the VCBA in 2004. VCBA received $225,000 from the town in 2003. In addition, a discussion on reduced funding ($25,000) for the Vail Valley Chamber and Tourism Bureau was postponed to the April 15 meeting. In discussing the remaining items, the Council agreed to a $10,000 cut in the Christmas light budget, so long as Nail's signature tree in the Main Vail rouindabout is unaffected by the reduction. The Council also directed staff to revisit $33,000 in recommended annual bus service cuts. The cuts would have eliminated the in-town shuttle from April 21 to June 2 and the Golf Course shuttle for the duration of the summer. Councilmembers agreeded they would prefer a "modification" of bus routes rather than "elimination." Also during the discussion, several Councilmembers offered support for reinstating the Art in Public Places coordinator position to 30 hours per week, up from the 20 hour per week schedule proposed by McLaurin. The additional $12,000 could be offset by a corresponding reduction in the project budget, or a fundraising campaign could be initiated to make up the shortfall. The discussion followed McLaurin's earlier announcement of $1.2 million in budget reductions that are already underway at the town manager's direc#ion, including elimination of 10.5 staff positions. Councilman Greg Moffet noted that while previous cuts have been largely invisible to the public, the latest round of cuts will be felt throughout the community, with the possibility of more cuts to come. Councilman Bill Jewitt • agreed, predicting that sales tax numbers for March will be disappointing and will cause the need for the town to continue to scrutinize operations. Councilmember Diana Donovan suggesting reviewing the benefits and pension package for new town employees as well as a review of pay increases. The 2003 budget included a 2.5 percent merit increase for employees. The fourth item on the agenda was Nail's Front Door Ordinance # 4, Series of 2003, first reading, Resolution No. 2, Series of 2003, a resolution amending the Vail Land Use Plan to expand the boundaries of the Plan; amend the text of the Plan regarding the exchange of United States Forest Service lands; amend the description of the "Ski Base" land use designation, and Resolution No. 3, Series of 2003, a resolution amending the Vail Village Master Plan to expand the boundaries of the Plan; amend the description of the "Ski Base Recreation" land use category; add sub-area #11, "Nail's Front Door" to the list of the Vail Village sub-areas; amend the master plan illustrative plans, and setting forth details in regard thereto. Rod Slifer recused himself from this discussion. George Ruther, head of Planning, gave a three hour presentation regarding the creation of a new zone district for Vail. The applicant, Vail Resorts, Inc., represented by Attorney Jay Peterson, went through the steps creating the new "Ski Base Recreation 2" zone district to facilitate development of what is known as Nail's "Front Door" project. The proposal includes improvements to the Vista Bahn ski yard, a new underground skier services area, a $1 million contribution to the town of Vail for Vail Village streetscape work, creation of a park, plus construction of a • new ski club, fractional fee units and a spa. During the public comment period, 3 . Kaye Ferry of the Vail Chamber and Business Association raised objections to ap provision in the original draft that would have allowed commercial ski storage on the first level, saying it would have given Vail Resorts a competitive advantage when other businesses in the Village are required to house commercial ski storage in the basement levels or on the second floor. Jim Lamont of the Vail Village Homeowners Association said that while some traffic management issues are yet to be worked out, his membership is very supportive of the project. Lamont complimented Vail Resorts for working cooperatively with the neighborhood to address various issues over the last 10 years. Also speaking was Sybill Navas, coordinator of the Special Events Commission. Navas expressed interest in creating legislation that would ensure the viability of special event venues in the area. After much discussion, Greg Moffet moved to adopt Ordinance #4 on first reading, with changes to language regarding permitted uses in Section 12-8-2.D. Dick Cleveland seconded the motion. A vote was taken and the motion passed 6-0, with Slifer abstaining. The fifth and sixth items on the agenda were Resolution #2, Amending the Vail Land Use Plan and Resolution #3, Amending the Vail Village Master Plan. Councilmembers asked to table the resolutions to allow staff time to wordsmith several passages contained in the amendments as they relate to special event venues as well as public interest and benefit. The changes in the land use plan and master plan are needed to create the foundation for final approval of the ordinance creating the new Ski Base Recreation 2 zone district. Greg Moffet • made a motion to table Resolutions 2 and 3 to the April 15, 2003, meeting. Bill Jewitt seconded the motion. A vote was taken and the motion passed 6-0, Slifer abstaining. The seventh item on the agenda was first Reading of Ordinance No. 5, Series of 2003, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, for proposed "house keeping" amendments and/or corrections. On the advice of the town attorney regarding questions raised by attorney Art Abplanalp, and concerns expressed by Councilmember Diana Donovan, Greg Moffet moved to table the first reading of this ordinance to the April 15th meeting. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was first Reading of Ordinance No. 6, Series of 2003, an ordinance amending Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12- 6D-2, 12-6D-3, 12-13-4, Vail Town Code, to allow a Type II employee housing unit as a permitted use and to eliminate a Type II employee housing unit as a conditional use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) Districts. George Ruther, head of planning, addressed the Council, requesting this ordinance be tabled due to a subsequent application for additional changes to the type II employee housing unit regulations. Dick Cleveland moved to table • ordinance #6 to the May 6th meeting. Greg Moffet seconded the motion. Jim 4 • Lamont, Vail Village Homeowners Association, requested this ordinance be included in the discussion on GRFA. Diana Donovan stated for the record she would not be in favor of this ordinance as currently written. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was first reading of Ordinance No. 7, Series of 2003, an ordinance amending Ordinance No. 21, Series of 2001, Section 6, Approval Expiration; Time Limitations, Special Development District No. 6, Vail Village Inn. George Ruther addressed the Council, stating the expiration date is currently May 1, 2003 and the applicant was asking for an extension to May 2005. The Council agreed with a recommendation by the Planning and Environmental Commission to extend the approval to Sept. 4, 2004, which represents three years from the day the project received final approval by the town. The project was originally approved in 2000. It was reapproved in 2002 to satisfy a legal challenge. Greg Moffet moved to approve ordinance #7 on first reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was the second reading of Ordinance #1, Series of 2003, Bighorn leash law ordinance an ordinance amending Title Six of the Vail Town Code, Exempting areas of Bighorn Park from Town of Vail requirements regarding pet animal owners' immediate and physical control of dogs. The Council requested an ordinance amending the Town Code to allow dogs to be in • certain areas of Bighorn Park without the requirement that the dog be under the physical control or the immediate control of the dog's responsible party, as defined in the Vail Town Code. Dick Cleveland moved to approve Ordinance #1 on second reading. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The eleventh item on the agenda was the second reading of Ordinance No. 2, Series of 2003, an ordinance amending Section 12-3-3, Appeals, Vail Town Code, amending the procedures for appealing a decision, determination/interpretation of the Administrator, Design Review Board and/or Planning and Environmental Commission. George Ruther, head of planning, addressed the Council, stating no changes had been made to the ordinance since first reading. Bill Jewitt made a motion to approve Ordinance No. 2 on second reading. Greg Moffet seconded the motion. A vote was taken and the motion passef unanimously, 7-0. The twelfth item on the agenda was the second reading of Ordinance #3, Series of 2003, an ordinance amending Title 8 of the Vail Town Code; providing amendments and additional warranty conditions regarding street openings, excavations and pavement cuts. Greg Hall, Public Works Director, addressed the Council, stating there had been no change to this ordinance from first reading. Greg Moffet then moved to approve Ordinance #3 on second reading. Bill Jewitt seconded the motion. A vote was taken and the motion was approved • unanimously, 7-0. 5 • The thirteenth item on the agenda was the ato authorize $270,000 to install an 800 MHz radio repeater in East Vail to expand emergency services radio coverage. After some discussion, Chuck Ogilby moved to table this item for two, weeks, pending a request to Eagle County for additional assistance for the $320,754 project. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fourteenth item on the agenda was the Town Manager's Report.. Councilmembers announced that a joint meeting had been scheduled with the Eagle County Commissioners, the Avon Town Council, Beaver Creek Resort Company and Beaver Creek Metro District from 3 to 5 p.m. on April 14tH Also discussed was the Council's preference for a liquor license at the soon to be completed Donovan Park Pavilion. Diana Donovan made a motion to designate the pavilion as anon-licensed premise. Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Matt Mire, Town Attorney, asked the Council for a motion to authorize the town manager to send a letter to the owner of Timber Ridge offering $20 million to purchase said property. Mire stated the response expected from the owner would indicate an inability to deliver unemcumbered frr title to the property on the requested closing date. Consequently, the town would prepare a resolution of "friendly" condemnation to be considered at the April 15tH meeting. Greg Moffet • made a motion to authorize the town manager to send the offer letter. Dick Cleveland seconded the motion. A vote was taken on the motion and the motion passed unanimously, 7-0. Chuck Ogilby commended outgoing town manager Bob McLaurin for his hard work on this project and complimented McLaurin and Town Attorney Mire for this accomplishment. Dick Cleveland stated the project currently operated with sufficient revenues to pay for itself. As there was no further business, Greg Moffet moved to adjourn. Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7- 0and the meeting was adjourned at 9:55 P.M. Respectfully submitted, /-~ ~~;CGc-t Ludwig KurzVMayor • • • ATTEST: ~~~-,~ ``Lorei~ei Donaldson Minutes taken by Mary A. Caster ~~ °F ~~ sEai- ~IURP~ • TOWN OF PAIL 7S South Frontage Road Vail, Colorado 81657 970-479-2100 Fax: 970-479-2157 www. ci. vail. co. us Public Notice Special Meeting r~ U Pursuant to Section 4.2 of the Vail Town Charter, I hereby give notice to the Vail Town Council, by written request, to attend a Joint Meeting with the Eagle County Commissioners, Avon Town Council, Vail Town Council, Beaver Creek Resort Company, and Beaver Creek Metro District, to be held at the Eagle County Building, at 500 Broadway, Eagle, Colorado in the Garden Level Ciass Room on Monday, April 14, 2003, from 3:00 - 5:00 P.M. At this meeting the following will be discussed: a. Eagle County '03 Budget Review b. Summary and discussion of County-Wide Shared Issues .~ i~Towr(of Vail Date Lorelei Donaldson Town Clerk -~ ~ /~~ ~~~ RECYCLED PAPER • TOWN COUNCIL EVENING MEETING TUESDAY, April 15, 2003 6:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council was called to order at 6:00 P.M. by Mayor Ludwig Kurz. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby* *arrived late. STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager • Pam Brandmeyer, Asst. Town Mgr. Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was a discussion of Business Improvement District (BID). Kaye Ferry, Vail Chamber and Business Association (VCBA) and Steve Rosenthal, representing himself as a business owner Colorado Footwear, addressed the Council, proposing atown-wide Business Improvement District that would allow businesses to tax themselves for direct services. As described by Denver-based attorney Rick Krone, formation of a BID required a petition signed by those representing 50 percent of the land area. The petition would then be presented to the Vail Town Council, which would be required to enact an ordinance establishing the district. Following creation of the district, election of an independent board would be proposed as well as an assessment election. Those eligible to vote would include owners, tenants and corporations associated with commercial property within the district as well as residents of commercially- assessed property. As envisioned, the district would raise approximately $500,000 in its first year through assessments on commercial property, based on a formula that proposes to double the existing business license fee. The funds would be used for special events, information services and other activities that • have been traditionally funded by the town. Because recent budget cuts have • jeopardized future town funding, a Business Improvement District would provide the business community with stability, autonomy and a sunset provision, according to supporters. In describing the advantages of a BID, Rosenthal, the owner of Colorado Footwear, suggested the town could suspend its collection of the business license fee and reduce spending by $224,000. Reaction from the Council included enthusiastic support from Greg Moffet, who applauded the concept, while Diana Donovan and Rod Slifer were hesitant to offer immediate support. Donovan expressed concerns about service duplications. Slifer wondered if a Business Improvement District would preclude the opportunity to establish improvement districts for other needs, such as streetscape. Slifer also raised concerns about the appropriateness of relinquishing town control. The business representatives asked for $15,000 from the town to cover research and development fees as well as consideration of partial funding from the town for 2004 to assist with a transition. At the suggestion of Town Attorney Mire, Councilmembers deferred giving direction until Mire finished his research on potential TABOR-related issues. Mire stated he would share his findings with the Council in executive session on May 6, to be followed by a public discussion later in the day. The third item on the agenda was a Memorial Park Task Force Update. Merv Lapin gave an update on the work of the committee, stating the proposed project was to be located on a 13.5 acre portion of the town-owned Katsos Ranch • property near the East Vail I-70 exit. For approval, the land would need to be rezoned from Open Space/Natural Area Preservation to Open Space/Outdoor Recreation. It would also require a conditional use permit and approval by the Design Review Board. Lapin stated the design complements Vail's natural surroundings with the placement of memorial inscriptions on boulders and stone benches, leaving much of the property undisturbed. Lapin said casket burials would be prohibited; however, the burial and scattering of ashes would be permitted. The proposed design includes three phases that would serve the community for the next 50 to 100 years, according to the plan. Anon-profit, non- sectarian Vail Memorial Park Foundation would operate the site which would be leased from the town for 99 years. The foundation would be governed by a 5- member board of directors to be appointed by the Vail Town Council. While the proposal requests a no-interest loan of up to $50,000 from the town as seed money (which was added to a supplemental budget appropriation later in the meeting), it is anticipated the park will be financially self-supporting and will be able to reimburse the town for all initial and ongoing costs, according to Task Force members. Sources of funding would include sales of inscriptions and memorial sites; sales of cremation burial sites; fund-raising by the foundation; and donor gifts. Athree-tiered pricing system is proposed with purchase opportunities for Town of Vail residents (5 year minimum residency) and anyone else. Task Force members hope to receive development approval for the park within the May to June timeframe with pre-sales and fund-raising efforts beginning in August, followed by a dedication in 2004. During the public • comment period, Sally Jackle, speaking on behalf of two friends, received 2 • clarification that a nearby cross country ski trail would be unaffected by the park. In addition, Jackle said her property owner friends wished to be considered in the Vail resident tier rather than the non-resident tier. Following the presentation, Councilmembers applauded Diana Donovan and the other task force members for their work on the project, which included an evaluation of a dozen other sites. Task force members included Joe Hanlon, Merv Lapin, Chuck Ogilby, Robby Robinson, Daphne Slevin, Rev. Carl Walker, Sherry Dorward and Russ Forrest. The fourth item on the agenda was the appeal of the March 5, 2003, Design Review Board decision to approve the proposed Halaby residence, consisting of anew two-family residence and Type II Employee Housing Unit, located at 252 West Meadow Drive/Lot 8, Vail Village 2"d Filing. On March 5, 2003, the Design Review Board approved the proposed Halaby residence, consisting of a new two-family residence and Type II Employee Housing Unit, located at 252 West Meadow Drive/Lot 8, Vail Village 2"d Filing. Adjacent property owners Merv Lapin, 232 West Meadow Drive, and Caleb and Maryan Hurtt, 272 West Meadow Drive, have filed appeals of the Design Review Board's March 5, 2003, decision. Mayor Kurz advised that the Council had reviewed the site earlier in the afternoon. Discussion followed regarding the existing spruce and lodge pole pine trees, and concern regarding setting a precedent by allowing the trees to be removed and the thought that it would pose a negative affect on the character of the neighborhood and Vail. A letter was given to the Council from Joan Norris, long time Vail resident who resides in the neighborhood. The applicant, Halaby, • appeared before Council. Halaby stated the house was designed to be compatible with the lot and enhanced the property. Halaby stated he went to extremes to work with present conditions. Of the trees being removed, none of the trees were located along Gore Creek. Halaby stated he had attended 6-7 DRB meetings trying to come to an agreement with the DRB and the adjacent property owners. After further discussion, Chuck Ogilby made a motion to overturn the DRB decision, stating that after walking the site, he felt it was one of the most beautiful sites in Vail. Ogilby also advised there were ways to interweave the parking problems. Diana Donovan seconded the motion. Discussion followed. Bill Jewitt stated the DRB followed the rules and he would vote to uphold the DRB decision. Rod Slifer agreed with Bill Jewitt to uphold the DRB decision. A vote was taken on the motion and the motion failed, 2-5, Jewitt, Cleveland, Slifer, Kurz, Moffet against. Greg Moffet then moved to uphold the DRB decision with he condition to modify a Public Works requirement for a turnaround area which would allow for a reduction in the hard surface area and to use the increased flexibility in the hard surface area reduction to re-site the home, if possible, so as to preserve as many mature trees as possible. The motion was amended to stipulate that five of the replacement trees required by the DRB be 35 feet tall. A vote was taken on the motion and the motion passed 4-3, Jewitt, Slifer and Donovan opposed). • The fifth item on the agenda was the appeal of the March 10, 2003, Planning and Environmental Commission condition of approval requiring the applicants, 3 • Rod and Elizabeth Slifer, to mitigate all fire violations listed in the letter dated March 20, 2002, from the Town of Vail Fire Department within 12 months of the issuance of a building permit in the Gore Creek Plaza Building, located at 193 Gore Creek Drive/Lot A, Block 5B, Vail Village 1St Filing. On March 10, 2003, the Planning and Environmental Commission approved a conditional use permit for the elimination of an existing dwelling unit (Unit 3) at the Gore Creek Plaza Building. There was one condition of approval which required that the applicant mitigate the violations listed in the Vail Fire Department's letter dated March 20, 2002, within 12 months of the issuance of a building permit. The Vail Fire Department's letter stipulated an 18 month time frame to develop a plan for mitigating the violations which is by September 20, 2003. The letter also stipulated an 18 month time frame from September 20, 2003, to complete all mitigation solutions which would place the completion of all work on May 20, 2005. The applicant has submitted an appeal of the Planning and Environmental Commission's condition. Rod Slifer recused himself from the discussion. Warren Campbell, TOV planner, presented the appeal to the Council, stating the applicant was requesting a modification of conditional of approval by the Planning and Environmental Commission (PEC) in granting a conditional use permit for the elimination of an existing dwelling unit at 193 Gore Creek Drive. The applicant was requesting a modification to the timetable, allowing the applicant to mitigate fire code violations on a schedule consistent with a request from the Vail Fire Department. • Greg Moffet moved to modify the PEC decision to no later than the issuance of a Temporary Certificate of Occupancy or May 20, 2005. Bill Jewitt seconded the motion. A vote was taken on the motion and the motion passed unanimously, 6- 0, with Slifer abstaining. The sixth item on the agenda was the request of approval of Slurry Seal Street Improvements contract. Larry Pardee, Streets Superintendent, presented the Council with the bids received for the bid: Bids: Contractor Total Bid Intermountain Slurry Seal Inc. (Utah) $134,400.00 Quality Paving (Denver) $149,500.00 TOV 2003 Capital Street Maintenance Budget $150,000.00 Greg Moffet moved to award the contract to the low bidder responsive. Chuck Ogilby seconded the motion. Dick Cleveland asked Greg Hall how often the town slurry sealed the streets. Hall responded every 5-7 uears. A vote was taken on the motion and the motion passed unanimously, 7-0. The seventh item on the agenda was Resolution # 4, Series of 2003, Authorizing Condemnation of Timber Ridge. Town Attorney Mire advised the Council the • The Town of Vail has determined that it is necessary to acquire an 4 • unencumbered fee simple interest in the Property, and since good faith negotiations did not result in voluntary granting of the Property, it is necessary that the Town of Vail acquire said interest in said real property through the use of the Town's power of eminent domain as provided for in Section 1.2 of the Vail Town Charter. The eighth item on the agenda was the first reading of Ordinance #8, Series of 2003, approving the supplemental appropriations to the 2003 budget. Judy Camp, finance director, presented the ordinance to the Council, stating the ordinance provided fora $4.1 million supplemental appropriation to th 2003 budget. Camp stated the appropriation, which is offset by $4.1 million in corresponding revenues and $1.2 million of unspent money from capital and real estate transfer tax funds, included $7.4 million in capital projects rolled forward from 2002; an expenditure of $50,000 for conference center planning and design fees (reduced from an estimated annual expenditure of $274,500; $50,000 for a loan of seed money for the proposed memorial park; and $150,000 to help cost- share an indoor recreation facility. In addition, Camp stated the appropriation reflected $382,000 in budget cuts previously authorized by the town manager and a reduction of $3.3 million in 2003 capital projects. During the discussion, Chuck Ogilby suggested the need to resolve an impasse between the town and Vail Resorts as it related to the conference center issue and associated parking requirements what will be tied to redevelopment of Lionshead. In response, Councilman Bill Jewitt said he'd prefer relocating the conference center to the • town-owned hub site, so long as Vail Resorts assisted with a financial contribution. Greg Moffet expressed his preference to proceed with town acquisition of the Vail Resorts-donated Holy Cross site, saying the site is better suited for a conference center given its proximity to hotel beds. Diana Donovan expressed her continued frustration with the project, noting the cost to build new parking exceeds the value of the land donation offer by Vail Resorts. Chuck Ogibly suggested moving forward with appointment of a Conference Center Oversight Committee, which had been postponed indefinitely. Rod Slifer stated he felt it would be premature to appoint the committee until certain conditions were sorted out first, such as when the Holy Cross site would be available to build on, as well as an evaluation of parking requirement scenarios on the two sites. Greg Moffet made a motion to approve Ordinance #8 on first reading. Dick Cleveland seconded the motion. Chuck Ogilby asked that an amendment of $150,000 to cost share to the recreation facility. Moffet amended his motion. Cleveland would not amend his second. Rod Slifer seconded the motion. Olgiby also asked that Moffet amend his motion to include the Feb 18t" minutes that included a motion to submit a letter to Eagle County School District for funding for a gymnastics center at Red Sandstone School. Stating the $150,000 and in- kind service from Public Works could do the excavation. Moffet amended his motion to add the $150,000 to the supplemental appropriation. Slifer amended his second. Bill Jewitt stated he would be voting against the motion because of the $150,000 for the gymnastics facility, stating an open discussion of • gymnastics study needed to be held prior to the vote. Diana Donovan also felt it 5 • was not appropriate. A vote was taken on the motion and the motion passed 4-3, Jewitt, Cleveland and Donovan opposed. The ninth item on the agenda was Resolution #2, a resolution amending the Vail Land Use Plan to expand the boundaries of the plan, amending the text of the plan regarding the exchange of United States Forest Service Lands, amending the description of the "ski base" land use designation, Rod Slifer recused himself from the discussion. Dick Cleveland made a motion to approve Resolution #2. Greg Moffet seconded the motion. Diana Donovan made it clear there was to be no outdoor storage in this zone district and no maintenance items on the site. A vote was taken and the motion passed, 6-0, Slifer abstaining. The tenth item on the agenda was Resolution #3, a resolution amending the Vail Village Master Plan to expand the boundaries of the plan; amending the description of the "Ski Base/Recreation" land use category; adding Sub-Area #11, "Nail's Front Door" to the list of Vail Village Sub-Areas; amending the Master Plan Illustrative Plans, and setting forth details in regard thereto. Dick Cleveland moved to adopt Resolution 3. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 6-0, Slifer abstaining. The eleventh item on the agenda was Ordinance # 4, Series of 2003, second reading, an ordinance amending Title 12, Zoning Regulations, Chapter 4, Districts Established, Section 12-4-1, Designated, of the Vail town Code, to • establish the Ski Base Recreation 2 (SBR 2) district. Greg Moffet moved to adopt Ordinance #4. on second reading. Dick Cleveland seconded the motion. George Ruther, head of planning, referred to the permitted uses, stating the original ordinance had been written to allow commercial ski storage at the ground level. Moffet amended his motion to require commercial ski storage be housed in the basement levels or on the second floor, as to not give Vail Resorts a competitive advantage when other businesses in the Village. Cleveland amended his second. A vote was taken and the motion passed 6-0, with Slifer abstaining. The twelfth item on the agenda was Ordinance #7, Series of 2003, second reading, an ordinance amending Ordinance No. 21, Series of 2001, Section 6, Approval Expiration: Time Limitations, Special Development District No. 6, Vail Village Inn. George Ruther, head of planning, stated no changes had been made to this ordinance from the first reading. Greg Moffet moved to approve Ordinance #7 on second reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The thirteenth item on the agenda was the Town Manager's Report. Outgoing Manager McLaurin asked for approval from the Council on the compensation package, profile description and timetable for the town manager search, being coordinated by the executive search firm Wilcox Miller and Nelson. McLaurin stated the applications were due to the town b~ May 23, will recommendations on • candidate finalists to the Council by June 17 h. Greg Moffet made a motion to 6 • adopt the town manager profile. Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The Council also reviewed a memo on capital maintenance needs for the library, which included a recommendation for repairs to the building's roof. As there was no further business, Greg Moffet made a motion to adjourn. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 9:55 P.M. SE~.. ATTEST: c~t~RA~ r ~2~ ' _. E ore 'Donaldson, Town Clerk Respectfully submitted, ~,' ~~~ Ludwig Kurz, ayor Minutes taken by Mary A. Caster • • 7 VAIL TOWN COUNCIL MEETING Vail Municipal Building Tuesday, May 6, 2003 6:00 P.M. The regularly scheduled meeting of the Vail Town Council was called to order at 6:00 P.M. by Mayor Ludwig Kurz. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet ABSENT: Chuck Ogilby STAFF PRESENT: Pam Brandmeyer Interim Town Manager Matt Mire, Town Attorney • The first item on the agenda was a request to go through the town's Development Review Process for an Art in Public Places art studio at Ford Park. In three separate requests involving the use of town land, the Council voted to allow each of the proposals to proceed through the development review process. The first was a request by the Art In Public Places Board to use a storage building in Ford Park for an artist in residence program. Greg Moffet made a motion to approve the request. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The second item on the agenda was a request to proceed through the process for Vail Park (LotP3 and J). George Ruther, head of planning, addressed the Council, explaining this request involved a request by Vail Resorts Development Company to seek development review approval to use a portion of the Hanson Ranch Road right-of--way to construct an underground parking structure. Greg Moffet made a motion to approve the request. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The third item on the agenda was a request by owners of the Vista Bahn Building to apply for new awnings over the front entrance to the building and over the deck used by the Tap Room. Greg Moffet moved to approve the request and Rod Slifer seconded the motion. Several Councilmembers expressed concerns about an awning at the Vista Bahn Building, saying it would add additional mass and bulk to the building. A vote was taken and the motion passed 4-2, Diana Donovan and Bill Jewitt opposing. • • The fourth item on the agenda was the Bid Approval for Vail Valley Drive After reviewing bids from three contractors Bill Jewitt made a motion to award a base bid of $572,737.66 to B&B Excavating for reconstruction of Vail Valley Drive from Golden Peak to the Ford Park soccer field parking lot entrance with the following conditions: • Maintaining two way traffic during reconstruction' • Providing a streetscape masterplan for the south side of the street • Curb/gutter construction • Speed bumps or serpentining Greg Moffet seconded the motion. B&B's price was the lowest of three bidders. The project includes reconstruction of the existing pavement, construction of a new storm water system, construction of a brick paver walk from Golden Peak to the existing bike path intersection, construction of a concrete sidewalk from the bike path to the Ford Park soccer field parking lot entrance, construction of a raised crosswalk/speed bump at the Ford Park Amphitheater walk and reconstruction of the existing bike path east of Ski Club Vail. In voting against the motion, Councilmember Diana Donovan expressed concerns about the project's design, including a curb and gutter component as well as placement of a sidewalk on the south side of the roadway. Construction is scheduled to begin May 19 with paving completed by June 27 and the project substantially complete by July 18. A vote was taken on the motion and the motion passed 5-1, Donovan opposed. The fifth item on the agenda was the 2003 Community Survey Results. A summary of • results from the town's annual community survey was presented by Chris Cares of RRC Associates, the independent research firm which coordinated the work. According to Cares, the survey showed stability in many of the satisfaction ratings for town services, such as snowplowing, public safety and library services. Lower scores were given in the areas of parking availability in winter, overall parking fees/pricing structure, parking availability for library use and building permit review and inspections. The survey also showed a shift in community priorities with respondents expressing concerns about the viability of businesses in Vail as the most important issue. Historically, housing and environmental issues have topped the list. Lack of available parking during peak winter days also is seen as a concern with most respondents expressing a desire to see it addressed. The survey also probed the level of support for potential improvements to be paid for through increased property taxes. A majority of respondents who identified themselves as registered voters expressed a willingness to support "investing in improvements to spur redevelopment in Vail Village and Lionshead" and "constructing a new fire station and providing additional firefighting and emergency equipment for it." Less support was given for two other ballot scenarios, "consolidate the Vail Fire and Emergency Services Department with the Eagle River Fire Protection District" and "add safe travel areas for vehicles and pedestrians." Given the percentage of respondents (16 percent) who were undecided about the consolidation issue, Cares suggested additional public education could alter opinion on the issue, thus, providing opportunities for additional exploration of a fire service ballot question in November. Other survey findings reported by Cares included a question in which 57 percent of respondents said the town was going in the "right direction" while 28 percent said the town had gotten off • on the "wrong track." Also, awareness of town budget cutting measures -was reported to be generally high among full-time residents with the majority of respondents saying the $1 million in cuts are "about right" rather than "too deep" or "not deep enough." During the discussion, Councilman Greg Moffet suggested surveying the community on I-70 noise issues during the open window season. The random survey was conducted during a two week period in March and April and included responses from 400 households. It has a margin of error factor of plus-or-minus 4.9 percent. The full report has been posted on the town's website at www.vailgov.com. The sixth item on the agenda was Citizen Participation. Michael Cacioppo provided an update on a ruling by the District Court on a lawsuit filed by Cacioppo against the Eagle County School District. Saying the lawsuit isn't over, Cacioppo said he would appeal the ruling to the Supreme Court, if necessary. He also used the opportunity to take issue with Councilman Greg Moffet, saying Moffet had made disparaging remarks about the lawsuit at a recent Rotary Club meeting. Kaye Ferry extended an invitation to the Council and the audience to attend the last of a three-part series on the state of the region's economy, sponsored by the One-Valley Leadership Coalition. The discussion takes place from 7 to 9 p.m. May 22 at the Singletree pavilion. The seventh item on the agenda was Ordinance #5, Series of 2003, first reading, an ordinance amending Title 12, zoning Regulations, Vail Town Code, for proposed "housekeeping" amendments and/or corrections. The requirements would be referenced • as an administrative function within the Community Deve1.,Y~~~ent Department. Greg Moffet made a motion to approve Ordinance #5 on first reading. Rod Slifer seconded the motion. A vote was taken and the motion passed 4-2, with Diana Donovan and Dick Cleveland opposing. In voting against the ordinance, Councilmembers Donovan and Cleveland said they preferred keeping the provisions in the code to provide consistency. Also, Cleveland asked that a reference to the Art In Public Places master plan be included in the definition of the Vail Comprehensive Plan. The eighth item on the agenda was Ordinance #9, Series of 2003, first reading, regarding the Four Seasons Special Development District, repealing and re-enacting a major amendment to a Special Development District that allows for the redevelopment of the existing Chateau at Vail and Vail Amoco site at Vail's main roundabout. The Four Seasons Resort proposal includes 118 accommodation units, 22 fractional fee club units, 34 type III employee housing units, 18 condominiums, retail and restaurant uses, conference and meeting rooms and a spa and health club. During the project's review, Councilmembers complimented the applicant on the building's alpine architecture and improved traffic circulation. Jim Lamont of the Vail Village Homeowners Association also offered complimentary remarks, saying the project meets the association's interest in furthering Vail as a destination resort. He also praised the applicant for working cooperatively to address as many neighborhood concerns as possible. One remaining concern was expressed by Gwen Scalpello of the 9 Vail Road Homeowners Association, who asked for reconsideration of a recent design modification that blocks the views of 16 • • condominiums. Greg Moffet made a motion to approve Ordinance #9 on first reading, with the following conditions: Section 12-3-7, Amendment, Vail town code, provides the review criteria for a zone district boundary amendment: A. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the Planning and environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consisting with municipal development objectives; and • 4. The extent to which the zone district amendment rovides for the p growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning B. Necessary Findings: Before recommending and/or granting an approval of an • application for a zone district boundary amendment the Planning and 4 • Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morale, and generalwelfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. . Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. In voting to approve the ordinance on first reading, the Council added a condition that requires the existing Vail Chateau to remain operational as a hotel until a demolition permit is issued. Project representatives said they planned to move forward with the hotel's construction as soon as possible with completion occurring in time for the 2005 ski season. Prior to second reading, Town Attorney Matt Mire was asked to research if a commitment to support a Tax Increment Financing (TIF) mechanism could be tied to the project's approval, should the town pursue TIF financing for public improvements along • Meadow Drive and other portions of the neighborhood. Although she voted to approve the project, Councilmember Diana Donovan expressed concerns about the building's height, which is 41 feet taller than what the underlying zoning allows. In particular, Donovan said the project will serve to influence similar height requests in other areas of the Village, which will be more difficult to justify, she said, for developments located in the interior of the Village. In joining the other Councilmembers in voting to approve the project, Mayor Ludwig Kurz said the development will be a great benefit to the community. The ninth item on the agenda was first reading of Ordinance #10, Series of 2003, an ordinance rezoning the Vail Amoco Site from Heavy Service zone district to Public Accommodation. The site has been acquired by developers of the Four Seasons Resort and will be used to improve access to the hotel. Greg Moffet made a motion to approve Ordinance #10 on first reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The tenth item on the agenda was Ordinance # 11, Series of 2003, first reading, an ordinance amending Section 12-10-9, Loading Standards to the town code. Allison Ochs, town planner, presented the ordinance to the Council, stating the ordinance would enlarge the town's minimum size requirement for loading berths from the current 12 ft. wide by 25 ft. long by 14 ft. high to a new minimum standard of 12 ft. wide by 35 ft. long by 14 ft. high. The ordinance also allows the Planning and Environmental Commission the • ability to grant variations, larger or smaller, so long as the variation is necessary to prevent negative impacts to the public right-of--way. The ordinance was initiated to • clarify and codify requirements that are currently being imposed by the Public Works Department. During discussion, several Councilmembers wondered if the ordinance was necessary, however, since the PEC already has the ability to consider variances. However, most acknowledged that a variance request to enlarge a loading berth would be unlikely. Rod Slifer made a motion to approve Ordinance #11 on first reading. Greg Moffet seconded the ordinance. A vote was taken and the motion passed unanimously, 6- 0. The eleventh item on the agenda was the second reading of Ordinance #8, Series of 2003, an ordinance making supplemental appropriations and budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Conference Center Fund of the 2003 budget for the Town of Vail, and authorizing the expenditures of said appropriations. The appropriation, which is offset by $4.6 million in corresponding revenues and $1.4 million of unspent money from capital and real estate transfer tax funds, includes $7.4 million in capital projects rolled forward from 2002; an expenditure of $50,000 for conference center planning and design fees; $50,000 for a loan of seed money for the proposed memorial park; and $150,000 to help cost-share an indoor recreational facility. In addition, the appropriation reflects $382,000 in budget cuts previously authorized by the town manager and a reduction of $2.4 million in 2003 capital projects. In voting against the ordinance, Councilman Bill Jewitt said he could not support the $150,000 cost-share expenditure for an indoor recreation facility without a full discussion on the issue. The money will only be spent if funding commitments from • the Eagle County School District are obtained, which would be added to existing commitments of $375,000 from the Eagle River Water and Sanitation District and $250,000 from Vail Resorts. Greg Moffet made a motion to approve Ordinance #8 on second reading. Rod Slifer seconded the motion. A vote was taken and the motion passed 5-1, with Bill Jewitt opposing. Donovan supported the ordinance noting that $150,000 cost share would not be used as cost sharing and won't meet costs projections. The twelfth item on the agenda was the Town Manager's Report. Interim Town Manager Pam Brandmeyer noted an expression of interest from Eagle County Commissioner Michael Gallagher in the possibility of acost-share arrangement by Eagle County to help with costs associated with the set-up and tear-down of the Vail Ice Dome. A letter outlining such a partnership will be forwarded to Gallagher and the other commissioners. Lastly, Councilmembers confirmed that a discussion on a proposal to create a Business Improvement District (BID) will occur at the May 20 evening Council meeting. As there was no further business, Greg Moffet made a motion to adjourn the meeting and Bill Jewitt seconded the motion. A vote was taken on the motion and the motion passed unanimously, 6-0, and the meeting was adjourned at 9:30 P.M. • 6 Respect submitted, _ Ludwig Kurz~]{/layor ATTEST i Lo Do aldson, Town Clerk Minutes taken by Suzanne Silverthorn and Pam Brandmeyer. • • t • ~ VAIL TOWN COUNCIL MEETING Tuesday, May 20, 2003 7:00 P.M. Town Council Chambers The regularly scheduled meeting of the Vail Town Council was called to order at 7:00 P.M. by Mayor Ludwig Kurz. Council members present: Dick Cleveland Diana Donovan Bill Jewitt Mayor Ludwig Kurz Greg Moffet Chuck Ogilby Rod Slifer Staff members present: Pam Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Holding up a headline from the Rocky Mountain News proclaiming "New Rules for Rivers," Rick Sackbauer, chairman of the Eagle River Water and Sanitation District, thanked the Town Council for its participation in the recreation water rights case, which was resolved a day earlier by the Colorado Supreme Court. Sackbauer called it an "historic day for Colorado and Vail" following a 3-3 vote by the court, which let stand a lower court decision that gives recreational water rights the same standing as other water rights. The decision will help ensure adequate flows for whitewater parks in Vail, Golden and Breckenridge. Sackbauer also thanked the Town Council for constructing the new Donovan Park, calling it fantastic and well used. Mark Gordon, a West Vail resident, thanked the Council for installation of the new deer migration fence at Dowd Junction. He also forwarded compliments on Vail's newest park from a group of fellow basketball players who have been gathering to play pick-up games at Donovan Park. Steve Miller, an area resident, introduced himself in a new role as a community focus manager for Qwest. In that role, Miller will serve as a customer contact for the telecommunications company. He can be reached at 970-748-9657 to help resolve or implement telecommunication needs. The second item on the agenda was the appointment of Members to the Vail Local Housing Authority and the Vail Local Licensing Authority. Following interviews earlier in the day, Greg Moffet moved to reappoint Kim Rutolo to a new 5-year term on the Vail • Local Housing Authority. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, ?-0. Greg Moffet then moved to reappoint Dave Chapin • and Bill Bishop to new terms on the Vail Local Licensing Authority (liquor board) while appointing Bob Louthan as a first-time member. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was a Presentation of Options for Moving Forward with Conference Center Facility. Chuck Ogilby moved and Rod Slifer seconded the motion to approve atwo-part motion to: 1) build the voter-approved conference center on the town- owned charter bus lot just east of the Lionshead parking structure; and 2) to hold an executive session with representatives from Vail Resorts to hammer out the details regarding an offer by the ski company to financially contribute to the project in the form of additional parking. The motion passed 6-1, Diana Donovan opposing. The vote was the first action taken by the Council since December 2002 when it asked for volunteers to serve on ayet-to-be-appointed Conference Center Oversight Committee. During the five months in between, the project hit an impasse due to a string of parking issues that ultimately created an additional option for the conference center's location. Originally proposed to be built on land donated by Vail Resorts, Councilmembers reviewed an analysis of two sites presented by Russell Forrest, the town's Community Development Director, which showed the various tradeoffs associated with construction costs, parking opportunities and various financial contribution scenarios offered by Vail Resorts. In the end, after weighing pros and cons, and with overwhelming support from the lodging community, the Council voted to support the charter bus lot location. Some of the advantages, they said, included the centralized location of the site, the proximity to • Dobson Arena for potential exhibit space and the ability to provide additional public parking (400 or more spaces) either by adding a new plate to the Lionshead parking structure or by locating the required parking on another site. During the public comment period, the Council heard from four lodging representatives who offered support for the charter bus lot location as a preference, or to simply encourage the Council to make a decision either way. Adam Aron, CEO of Vail Resorts, also weighed in with what he called a "generous, dramatic and bold new offer" of a $4.3 million company contribution to help build a new plate of parking at the Lionshead structure, should the conference center be relocated to the charter bus lot. While the offer leaves the project with a $1.8 million deficit, Aron suggested revenues from parking fees could be used to cover the debt. Aron, too, encouraged the Council to make a decision, saying the conference center project will help address Vail's economic needs, its skier parking issues and help with the rejuvenation of Lionshead. In voting to change the conference center's location, Councilman Bill Jewitt said he preferred the charter bus lot because of its ability to connect the two villages. While acknowledging the project has moved slower than others in the community would have liked, Councilman Dick Cleveland expressed concerns about personal attacks against the Council, calling them "inappropriate" and "misguided." Cleveland, too, said he favored the town-owned site, given its proximity to year-round parking. Councilman Rod Slifer credited the financial offers from Vail Resorts in helping the Council move forward on the issue, while Councilmember Greg Moffet, an avid supporter of the conference center, expressed his hesitation in moving the site, noting possible expansion difficulties and the loss of recreation as a possible use on the charter bus lot. Councilman Chuck Ogilby also offered support for the charter bus lot, noting his 2 • continued interest in finding a suitable location for an indoor recreation center, perhaps on I-70 right-of--way. Mayor Ludwig Kurz thanked the staffs from the town and Vail Resorts in working hard to develop options. He also noted the success of a conference center at Copper Mountain, suggesting a facility in Vail would produce even better results. In casting the lone vote against the motion, Councilmember Diana Donovan expressed frustration about the project, saying the public continues to be "hoodwinked" due to lack of financial details. Additionally, Donovan said voters would have rejected the conference center during the November 2002 election if they had known the center would be located at the charter bus lot. As it was, voters narrowly approved a 1.5 percent lodging tax and ahalf--cent sales tax to finance the construction and operation of a conference center. Collections began Jan. 1 and will raise an estimated $3.3 million per year. Next steps include completion of the selection process for the Conference Center Oversight Committee, which will take place at the June 3 evening meeting. The fourth item on the agenda was the Business Improvement District discussion. The Council heard an update from Town Attorney Matt Mire on the structure of a Business Improvement District (BID). Earlier, at the suggestion of Councilman Greg Moffet, a group of business representatives began researching the possibility and returned with a preliminary discussion draft outlining an operating plan which, among other things, would give the Business Improvement District autonomy from the town. Mire says the proposed operating plan is inappropriate because it waives the town's statutory oversight as required by state law. Instead, Mire advised the council that the proposal • cannot be considered unless and until the BID proposal complies with state statutes. Mire said he would continue consultations with other legal advisors to help develop an acceptable outcome on the matter. Meanwhile, Councilman Dick Cleveland encouraged others in the business community to join the effort in pursuit of a Business Improvement District that meets the town's legal requirements, calling it a "great opportunity." Cleveland then offered to facilitate a meeting to keep the discussions going. Councilmember Bill Jewitt offered a differing point of view when he questioned whether state statutes provide the opportunity for businesses to control their own destiny. Councilmember Greg Moffet remained hopeful that a BID could be implemented in Vail, which requires a petition from the business community to initiate the first step. He suggested a structure similar to the Vail Local Marketing District which relies on an advisory committee to prepare the budget and operational plan. During the public comment period, Bill Jensen, chief operating officer for Vail Mountain, criticized Mire and members of the Town Council for what he described as an adversarial tone. Instead, Jensen encouraged the town representatives to approach the issue in a friendlier, softer manner. Additionally, Jensen offered support for a board elected at large (rather than appointed by the town council), saying the election would create inclusiveness in the community. Vail Village shop owner Steve Rosenthal suggested creation of a task force to work on the issue, noting the economic viability of businesses in Vail is the No. 1 issue in the recently-released community survey. Rick Scalpello of the Meadow Drive Partnership also offered support for the Business Improvement District concept. In creating the district, he suggested ensuring an equal distribution of business representation, including lodging members. Also speaking was gallery owner John • Cogswell who complimented the Meadow Drive group for their proactive initiatives. In • other action, an earlier request by Steve Rosenthal fora $15,000 contribution from the town to cover legal expenses associated with the BID research, was postponed by the Town Council. The fifth item on the agenda was the Authorization for Interim Town Manager to Negotiate and Sign Donovan Pavilion Management Contract. Greg Moffet moved to authorize the interim town manager to negotiate and sign a management contract for the Donovan Pavilion. Dick Cleveland seconded the motion. A vote on the motion passed unanimously, 7-0. After requesting proposals from interested parties, the town received a bid from a partnership created by local event and marketing specialists Laurie Asmussen and Cindy Clement, which includes a $95,000 management fee. The proposed rate structure for the pavilion includes a 25 percent discount for Vail residents and a 10 percent discount for Eagle County residents, plus 12 "free" days to be assigned by the Vail Town Council through the annual contribution process. During discussion, Councilman Rod Slifer acknowledged the difficulty in setting fees for the facility, noting $300,000 in gross revenue will be needed to break even in its first year. Slifer suggested the need for periodic evaluation to determine if rate structure adjustments are warranted. The pavilion will open in September. Bookings are available by calling 479-2136. The sixth item on the agenda was the Approval to Proceed through the PEC/DRB Approval Process for the Streetscape Master Plan Designs. Chuck Ogilby moved to approve the process and Dick Cleveland seconded the motion. The motion passed 6-1, Bill Dewitt opposing, to approve a motion to accept the streetscape designs for Vail • Village and Meadow Drive and to forward the plans to the Planning and Environmental Commission and Design Review Board to begin the process of amending the town's existing streetscape master plan. The review board meetings are the first in a series of steps that will be needed prior to construction of a phase-one schedule in 2004. Although the plan, as presented, includes heated walkways in some areas of Vail Village, Councilmembers noted the snowmelt component is still contingent on funding. In voting against the motion, Councilman Bill Dewitt voiced his objection to snowmelt, while Councilman Greg Moffet advised against installing piping infrastructure to be connected in the future, noting the current technology will become obsolete. Councilmember Diana Donovan encouraged the staff to continue to sponsor meetings of the Village Streetscape Committee (Donovan, Slifer, Cleveland, Ogilby) to work out additional details. During the public comment session, Rick Scalpello of the Meadow Drive Partnership urged the Council to include snowmelt in the plans for the comfort and safety of pedestrians. The seventh item on the agenda was a Discussion of Pirate Ship Park Design Concepts. As a follow up to a site visit earlier in the day, the Council reaffirmed the scope of the Pirate Ship Park project, which is to take an unsafe play structure-the pirate ship-and recreate the popular ship so it functions in a safe and fun manner. Earlier in the day, the Council rejected a staff proposal to add additional play elements to the park, noting a desire to retain the character of the existing site. Additional direction by the Council included the following: add swings only if they can be integrated into the main structure; park should continue to accommodate up to 25 children; install ADA (Americans with • Disabilities Act) access on the ship deck as long as access is integrated into the main • structure; retain existing grades; retain existing trees; consider the ship as the park's "artwork" rather than call upon the Art In Public Places program to add integrated art; and create efficiencies to complete the project under budget ($300,000 from the real estate transfer tax). During the public comment period, architect Lynn Fritzlen offered support for the project, calling it a wonderful amenity, but a current embarrassment. Fritzlen said she was supportive of staff s original concept to integrate other play elements and that ADA requirements are a reality. At the suggestion of Interim Town Manager Pam Brandmeyer, the Council will review the town's playground safety guidelines, which were adopted previously by the Council, to determine if modifications to the guidelines are in order. The eighth item on the agenda was approval of the Bighorn Asphalt Overlay Contract. Greg Moffet moved to approve a $126,428 bid from B&B Excavating for atwo-inch asphalt overlay on Bighorn Road from Streamside Circle west ending at Main Gore Drive. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The B&B bid was the lowest of three proposals. The work will begin June 16 and will be completed by July 3. The ninth item on the agenda was Resolution #5, Series of 2003, on Substantial Compliance of Petition for Annexation to Facilitate the Development of Vail's Front Door (Vista Bahn area) Project At staffs request, Greg Moffet made a motion to table this item to the June 17 meeting. Dick Cleveland seconded the motion. A vote was taken • and the motion passed unanimously, 7-0. On a related issue, Councilmember Diana Donovan noted a request by the town to transfer ownership of the Pirate Ship Park property from Vail Resorts to the Town of Vail. The tenth item on the agenda was Ordinance #12, Series of 2003, first reading, regarding the Tivoli Lodge Special Development District. Greg Moffet motioned to approve an ordinance establishing a Special Development District to facilitate the redevelopment of the Tivoli Lodge at 386 Hanson Ranch Road. Diana Donovan seconded the motion. A vote was taken and the motion passed unanimously, 7-0. If approved on second reading, the applicants, Bob and Diane Lazier, intend to demolish the existing lodge and construct a new 62-room family owned hotel on the site. In voting to approve the ordinance, Councilmember Diana Donovan called the project a great example of redevelopment in Vail. Councilmembers Rod Slifer and Dick Cleveland also offered favorable comments, with Slifer acknowledging the benefits of adding new hotel rooms to the town's inventory and Cleveland complimenting the quality of the project and its ability to move through the development review process in an expeditious manner. The eleventh item on the agenda was Ordinance # 13, Series of 2003, regarding an Amendment to Public Accommodation District to Facilitate Redevelopment of Sonnenalp Hotel and Swiss Chalet. Dick Cleveland motioned to approve first reading of the ordinance amending the conditional use section of the Public Accommodation Zone District to add "lodges, including accessory eating, drinking or retail establishments located with the principal use and occupying between 10 percent and 15 percent of the • total gross residential floor area of the main structure or structures on the site." Bill • Jewitt seconded the motion. A vote was taken on the motion and the motion passed unanimsously, 7-0. The text amendment was requested by the owner of the Sonnenalp Hotel and Swiss Chalet to facilitate a proposed redevelopment. • The twelfth item on the agenda was Ordinance #11, Series of 2003, second reading, Loading and Delivery Ordinance. Greg Moffet moved to approve Ordinance #11 on second reading to enlarge the town's minimum size requirement for loading berths from the current 12 ft. wide by 25 ft. long by 14 ft. high to a new minimum standard of 12 ft. wide by 35 ft. long by 14 ft. high. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The ordinance also allows the Planning and Environmental Commission the ability to grant variations, larger or smaller, so long as the variation is necessary to prevent negative impacts to the public right-of--way. The ordinance was initiated to clarify and codify requirements that are currently being imposed by the Public Works Department. The thirteenth item on the agenda was the Town Manager Report. As a follow up to the town manager report, Council members were asked if there would be interest in regarding advertising for the Conference Center Oversight Committee openings. In response, the Council agreed to continue with the current list of applicants, noting a significant number of qualified individuals. As there was no further business, Greg Moffet moved adjourn the meeting and Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 10:05 P.M. /~\ SE~ `Q~ • ATT ST: rel~i Donaldson, Town Clerk Respectfully submitted, Ludwig Kurz, Mar Minutes taken by Pam Brandmeyer and Suzanne Silverthorn 6 VAIL TOWN COUNCIL EVENING MEETING TUESDAY, JUNE 3, 2003 TOV COUNCIL CHAMBERS 6:00 P.M. The regular meeting of the Vail Town Council was called to order by Mayor Ludwig Kurz. Members present: Ludwig Kurz, Mayor Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby Absent: Rod Slifer, Mayor Pro-tem Staff Members Present: Pam Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Former Mayor Bob Armour humorously commended Councilman Greg Moffet for shutting down I-70 to address the town's noise issues. Moffet, who is known for his passionate views about the impact of highway noise on Vail's quality of life, replied by noting the closure had produced a most pleasant "open window" night. On a serious note, Mayor Ludwig Kurz took the opportunity to thank the numerous agencies and community volunteers who responded to Sunday's flash flood in East Vail. Kurz said the coordinated effort involving the Town of Vail, Colorado Department of Transportation, Town of Avon, Eagle County and others, did an amazing job in bringing the situation under control. 1n particular, Kurz thanked Interim Town Manager Pam Brandmeyer for her on-scene coordination. Brandmeyer, in turn, credited John Gulick and Mike McGee from the Vail Fire Department, plus Steve Wright and Joe Russell from the Vail Police Department, as well as Greg Hall and Larry Pardee from the Public Works Department, plus Jamie Wilson and Suzanne Silverthorn in the Community Information Office for their tireless efforts. Brandmeyer said the community is fortunate to have employees of such high caliber and experience. Their presence, she said, averted a serious tragedy. The second item on the agenda was the approval of the April 1, April 15, May 6 and May 20 Meeting Minutes. Greg Moffet made a motion to approve the minutes as amended by Diana Donovan. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 6-0. . The third item on the agenda was a presentation of Fire Study Analysis. • After reviewing recommendations from an independent fire study analysis, Greg Moffet motioned and Dick Cleveland seconded the following motion: 1. to authorize the design of a fire station on the Hud Wirth site and to begin the process of creating a third fire company to staff the station in such a way as to accommodate combined emergency services functions and to direct staff to pursue merger discussions with the Eagle River Fire Protection District and the Eagle County Ambulance District. A vote was taken and the motion passed unanimously, 6-0. A second motion was made by Greg Moffet and seconded by Diana Donovan: 2. To direct staff to provide the Town Council with an analysis of quick response vehicles with an eye toward inclusion in the 2004 budget and to direct staff to amend the false alarm ordinance, if an amendment is necessary to give the ordinance teeth, and/or to start enforcing it. A vote was taken and the motion passed unanimously, 6-0. Prior to approval of the two motions, Jim Sparr of Almont Associates, a fire services consultant, presented five recommendations to the Town Council following an evaluation of the town's previous fire studies as well as his own analysis. During a discussion of his recommendations, Sparr said a third fire station in Vail would improve fire response times to the entire community, due to the lineal nature of the town. . He also said the town was experiencing too many false alarms (38 percent of the calls last year were false alarms). Sparr suggested using sanctions to enforce Vail's false alarm ordinance to help reduce the number of calls. In recommending use of quick response vehicles, Sparr said the apparatus (a pickup with a tank and pumper) could be purchased for $55,000 and could be used for highway accidents and medical calls, which would reduce wear and tear down on the more expensive fire trucks. Additionally, while Sparr said a consolidation with the Eagle River Fire Protection District could generate some personnel savings, far more savings could be realized through a consolidation with the Ambulance District. In voting to move forward with the design of a West Vail fire station, Councilmember Diana Donovan said it was important for the public to know that the new station needs to be built before the Eagle River Fire Protection District will consider a consolidation. Other Councilmembers noted the need to design the new station in a way that would accommodate future consolidated services. During the public comment period, former Councilmember Michael Cacioppo urged the Council to fund the new station with existing revenues to fulfill a promise the then-Town Council made to the community in 1985. Noting preliminary interest by the current Town Council to ask voters in November to consider a mill levy increase to construct the station, Cacioppo said he would work to defeat the issue. He said funding for police, fire and roads should receive priority status from the town's budget, while other non-essential projects should be the ones that receive voter authorization. Also speaking was former Councilman Tom Steinberg who expressed support for the proposed new fire station, with one exception. Noting the importance in keeping the Ambulance District stationed at the hospital for valuable training, Steinberg said a mandatory consolidation would not be in the public's • best interest. In addition, Lyn Morgan, general manager of the Eagle County Ambulance • District, addressed the Council and asked that his organization be included in future discussions. The fourth item on the agenda was the Conference Center Next Steps. Greg Moffet moved and Dick Cleveland seconded the motion to appoint the following members of the Conference Center Oversight Committee: Lodging: Stan Cope and Dave Pease; Retail/Business: Frank Johnson and Merv Lapin; At Large: Scott Proper and Rick Scalpello; VRI: Bill Jensen; and Council representatives: Rod Slifer and Bill Jewitt. A vote was taken on the motion and the motion passed unanimously, 6-0. Bill Jewitt made a motion and Dick Cleveland seconded the motion to direct staff to move forward with a request for proposals (RFP) for a business plan. A vote was taken on the motion and the motion passed unanimously, 6-0. Community Development Director Russell Forrest explained to Council the four basic phases of the conference center. According to Forrest, phase I includes verifying the market analysis done to date; further refining and analyzing other conference facilities similar to Vail's proposed facility; creating a business plan that defines operational costs, revenues and potential deficits; appointing conference center oversight committee members; and hiring a project manager. Phase II will include a request for proposals to design the facility. Phase III includes construction of the conference center facility and phase IV will be operation of the facility. Forrest also encouraged Council to direct staff to send a request for qualifications (RFQ) for a project manager and explained the project manager will be an extension of staff and job duties will include dealing with meetings • and working with Council, town staff, oversight committee members and the community. The project manager would be a contract position chosen by the town manager with input from Council and the oversight committee. The ideal candidate would have significant experience with construction of projects similar to the conference center. Councilman Bill Jewitt expressed concerns with hiring a project manager before a business plan is completed. Forrest described the advantages of having a project manager on board to be involved with the process from the beginning to end for such a complex project as building the conference center. Greg Moffet moved to appoint a project manager. Chuck Ogilby seconded the motion. A vote was taken and the motion was defeated 3-3, Diana Donovan, Bill Jewitt and Dick Cleveland voting against the motion. Councilmembers directed staff to wait to send out RFQs for a project manager and concentrate on moving forward with issuing RFPs for a business plan. Councilmember Diana Donovan also recommended 21 additions to the RFP as follows: 1. Independently reviewing the availability of lodging units in the Town of Vail to ensure room availability. 2. Evaluating the economic performance of other similar mountain resort conference facilities and their operational structure. 3. Surveying conference planners to determine the market demand (locally, regionally and nationally) and programmatic requirements of the conference planners. The consultant shall also note any trends with conference center planning that should be considered for this facility. 4. Determining the seasonal demand for the facility and the programmatic requirements for the facility. This analysis should also determine whether Vail has an • adequate bed base and access to transportation to meet this demand. • 5. An analysis of economic/fiscal impact (room nights, lodging sales, retail sales, food and beverage sales). An analysis of the impact of a public conference center on existing and planned private conference facilities and on restaurants. 6. A recommendation as to whether the conference center should be restricted to conferences greater than a specified size. 7. An analysis of Vail's advantages and disadvantages in competing for larger conferences. 8. An identification of conference centers that have ceased operations. An analysis of the specific reasons these conference centers failed and how they can be avoided. An identification of conference centers that break even or better on an operational basis and how their practices can be copied. 9. An analysis of the growth of larger conferences and an estimate of the number of new conference centers that are added annually. 10. An analysis of the number of additional room nights that an increase in tourism marketing of $4 million a year would generate. 11. Proposed physical program that includes a verification that the spatial requirements fit on the site. 12. Refined capital budget for construction of the conference center. This capital plan shall also include the cost for creating an additional plate of parking on the Lionshead Parking structure and providing access for the Vail International. 13. Specific personnel requirements for the facility, including security. 14. Detailed 20-year operations budget for the facility. This shall include specific • estimates on revenue, costs, working capital and any subsidy that would be required. 15. A detailed capital replacement budget, including facility upgrades. 16. Proposed strategy for addressing operational deficits and tax revenue collections. 17. Requirements for hotel booking policies/agreements that are needed. 18. Proposed marketing plan and costs. 19. An analysis of the incremental costs to the town to support the conference center including bus transportation, security and in-kind services. 20. An analysis of the financial impacts to the town if the conference center fails to attract sufficient demand and must be abandoned. 21. An analysis of bond payments and revenue sources for the life of the bonds. A recommendation as to the terms and maturities of the bonds. Councilmember Diana Donovan also expressed the need to research incorporation of a second sheet of ice on the conference center, if funds would be available. During the public comment period, Scott Proper, Vice President of WestStar Bank addressed Council and encouraged them to acknowledge the need to look at top-notch consultants when creating the business plan as the conference center should be a world-class facility. The following members were selected by Council to serve on the Conference Center Oversight Committee: David Pease and Stan Cope, representing the lodging community; Merv Lapin and Frank Johnson, representing the retail/business community; Scott Proper and Rick Scalpello, representing the community at-large; Bill Jensen, representing Vail Resorts; and Rod Slifer and Bill Jewitt as Council representatives. Mayor Ludwig Kurz thanked all the applicants for their interest in the project. Town attorney Matt Mire then reminded Council the oversight committee meetings will require 24-hour public notice. r~ U • Next steps include directing staff to move forward with an RFP for a market analysis and creation of a business plan. The ffth item on the agenda was the Children's Garden of Learning discussion. The Council requested more details from the Children's Garden of Learning before assisting the day care center with funds for its move to Red Sandstone Elementary School in July. School representative Angela Muller presented a request to the Town Council in which funds are sought to assist with costs associated with moving the facility temporarily to Red Sandstone Elementary School, as well as permission to build a play area on town- owned land, plus formalization of a lease for the building proposed to be located at the Middle Creek development. The day care center leaves its current location on June 28 in preparation for building of the Middle Creek development project. Councilmember Diana Donovan noted the Council's commitment to assist the day care center. However, she said the Council needs specific cost information before a final decision can be made. Donovan and Councilman Greg Moffet volunteered to work with a committee that will include day care representatives, parents and town staff who will meet and discuss costs and terms of a lease prior to the next Council meeting on June 17. The sixth item on the agenda was a discussion regarding VCBA and VVCTB Funding. Chuck Ogilby made a motion to approve $200,000 in 2004 funding for the Vail Chamber and Business Association (VCBA) and $25,000 for the Vail Valley Chamber and Tourism Bureau (VVCTB). Bill Jewitt seconded the motion. Ogilby amended his • motion to allow the VCBA to begin seeking membership dues. A vote was taken on the amended motion and the motion passed unanimously, 6-0. The $225,000 was a recommended budget cut to Council by former Town Manager Bob McLaurin earlier this year. Councilmembers Bill Jewitt and Chuck Ogilby expressed the need to keep funding for both organizations and said the funding should also be used to research creation of a Business Improvement District (BID). While Councilmembers Diana Donovan and Greg Moffet agreed with the funding request, both members said the groups must develop additional accountability to ensure the dollars are being spent effectively. Approximately 10 audience members spoke to Council during the meeting and all encouraged continued funding of one or both organizations. Sybill Navas, representing the VCBA and Commission on Special Events, asked Council to look at reshaping the business license fee and research the BID more thoroughly before cutting funding for the VCBA. Michael Cacioppo spoke to Council and encouraged members to study the Edwards business model before cutting funding of the organizations or creating a BID. Cacioppo also expressed a need for Council to bring back the fun to Vail by inviting locals back to town to help revitalize Vail's economy. Steve Pope with the Vail Daily addressed Council and encouraged Council to fund both organizations, saying the programs the organizations run are bringing businesses together and helping businesses work for long-term solutions to Vail's economic vitality. Dale Bugby spoke to Council and requested Council approve funding for the VCBA, but to look at lodging data from the VVCTB before approving the requested $25,000. Rick Scalpello also addressed Council and suggested the Council give the VCBA $150,000 funding to initiate the BID process. Bob Fritch, Joe Staufer and George Knox encouraged Council to continue funding the organizations and said they act • in the best interest of the community and provide leadership for the business community. • Bill Jensen with Vail Resorts spoke to Council and expressed the need to continue funding the organizations and said both the VCBA and VVCTB are crucial in helping to move Vail's economic vitality forward and will help "keep the ship from sinking." Jim Lamont, representing the Vail Village Homeowners Association, spoke to Council and said the VVHA supports funding for the VCBA because the organization is building confidence and providing leadership to the business community. Councilmembers Greg Moffet, Ludwig Kurz and Diana Donovan all said they were conflicted on the decision to fund the organizations, but agreed with audience members who spoke that now is not the time to cut funding. Councilmembers thanked the audience members for addressing them with the constructive feedback and for taking the time to express their support for the two organizations. The seventh item on the agenda was the first reading of Ordinance No. 14, Series of 2003, regarding the Timber Ridge Housing Corporation. Greg Moffet moved to table first reading of an ordinance that would create the Timber Ridge Housing Corporation until June 17. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was the second reading of Ordinance No. 5, Series of 2003 a Housekeeping Ordinance which removes codification of application submittal requirements in the town code. Instead, the requirements will be referenced as an administrative function within the Community Development Department. Bill Jewitt • moved to approve Ordinance #5 on second reading. Greg Moffet seconded the motion. A vote was taken and the motion passed 4-2, Dick Cleveland and Diana Donovan opposing. In voting against the ordinance, Councilmember Diana Donovan said she had lost confidence in the changes and preferred to keep the provisions in the code to provide consistency. The ninth item on the agenda was the second reading of Ordinance #12, Series of 2003, and ordinance establishing Special Development District No. 37, Tivoli Lodge. Greg Moffet moved to approve Ordinance # 12 on second reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The applicants, Bob and Diane Lazier, intend to demolish the existing lodge and construct a new 62-room family owned hotel on the site. The tenth item on the agenda was the second reading of Ordinance #13, Series of 2003, an ordinance relating to the redevelopment of Sonnenalp Hotel and Swiss Chalet, an ordinance amending the conditional use section of the Public Accommodation Zone District to add "lodges, including accessory eating, drinking or retail establishments located with the principal use and occupying between 10 and 15 percent of the total gross residential floor area of the main structure or structures on the site." The text amendment was requested by the owner of the Sonnenalp Hotel and Swiss Chalet to facilitate a proposed redevelopment. Greg Moffet moved to approve Ordinance # l 3 on second reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. • The eleventh item on the agenda was the Town Manager's Report. During a review of the town manager's report, the Bill Jewitt moved to approve $26,100 for upgrades and cleaning of the town manager's residence on Arosa Drive. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 6-0. As there was no further business, Greg Moffet moved to adjourn the meeting. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0, and the meeting was adjourned at 10:25 p.m. SEAL ATTEST: got o-~~~ Respectfully submitted, Ludwig K tr ,Mayor o~ei Donaldson, Town Clerk r: Minutes taken by Pam Brandmeyer and Suzanne Silverthorn • • VAIL TOWN COUNCIL Evening Session Minutes Tuesday, June 17, 2003 6:00 P.M. The regular meeting of the Vail Town Council was called to order by Mayor Ludwig Kurz at 6:00 P.M. on Tuesday, June 17, 2003. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Bill Jewitt Diana Donovan Chuck Ogilby Greg Moffet STAFF MEMBERS PRESENT: Pam Brandmeyer, Interim Town Manager Matt Mire, Town Attorney Councilman Dick Cleveland announced efforts to organize an economic roundtable, scheduled for 6 to 8 p.m. June 26 in the Vail Town Council Chambers. An error in the Vail Daily had listed the meeting date incorrectly. • The first item on the agenda was Citizen Participation. Using an array of year to year comparisons which showed an overall increase of $283,000 in additional tax revenues contributed to the town by the Antlers at Vail, general manager Rob Levine urged the Council to do more to encourage redevelopment in Lionshead because of the economic impact. The 92-unit property was the first to redevelop following town approval of the Lionshead Master Plan. Levine said that while the plan outlines a great vision, the requirements of private properties, such as increased employee housing units, offsite property improvements and heated sidewalks are deterrents for redevelopment. Instead, Levine called for what he described as a paradigm shift in the town's approach, suggesting the town become more of a partner with the business community. For example, Levine said the town should consider donating a small portion of town-owned land to help facilitate redevelopment of the Vail 21 property, saying it would be in the community's best interest to do so. Levine also noted the challenges ahead with the various properties in Lionshead, noting that 20 of the 25 properties are condominium associations where redevelopment decisions are complex due to multiple ownership. Councilman Chuck Ogilby thanked Levine and the Antlers property owners for their perseverance in being the first in Lionshead to redevelop. The second item on the agenda was the Four Seasons Resort Special Development District At the applicant's request, Greg Moffet motion to table second reading of an ordinance to allow for the redevelopment of the Chateau at Vail and the Vail Amoco site. • Dick Cleveland seconded the motion. A vote was taken and the motion passed . unanimously, 7-0, and the ordinance was tabled to July 15 to allow time to resolve the relocation of four required parking spaces for 9 Vail Road, which was a condition of approval on first reading. The applicant, Nicolet Island Development, Inc., proposes to build a Four Seasons Resort to include 118 accommodation units, 22 condominiums, 34 employee housing units, retail and restaurant uses, conference and meeting rooms and a spa and health club. The third item on the agenda was the Vail Amoco Site Rezoning discussion. Also at the applicant's request, Greg Moffet motion to table second reading of a companion ordinance to rezone the Vail Amoco Site from the Heavy Service zone district to the Public Accommodation zone district. Dick Cleveland seconded the motion, A vote was taken on the motion and the motion passed unanimously, 7-0. The ordinance was tabled to July 15 to accompany other approvals necessary for construction of the Four Seasons Resort which will replace the Vail Amoco station and the Chateau at Vail near the Main Vail roundabout. The fourth item on the agenda was the Creation of Timber Ridge Affordable Housing Corporation. Greg Moffet moved to table first reading of Ordinance #14, an ordinance authorizing creation of the Timber Ridge Housing Corporation and the making of a loan to the corporation to acquire the 198-unit property. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The measure was tabled at the request of Town Attorney Matt Mire, who said additional financial • details had not been finalized. The measure will be brought before the Council on July 1 in the form of an emergency ordinance. Previously, the Council had authorized staff to create the Timber Ridge Affordable Housing Corporation under provisions of the Colorado Nonprofit Corporation Act for the purposes of acquiring, operating and maintaining the property. In April, the Council voted 7-0 to pursue a friendly condemnation of the property for a purchase price of $20 million. At the time, Councilmembers had reviewed a financial analysis showing sufficient cash flows to cover the town's debt. The fifth item on the agenda was a Request to Proceed through the Development Review Process, re: VistaBahn Building Outdoor Dining Deck. Diana Donovan moved to grant a request by owners of the Vista Bahn Building at 333 Hanson Ranch Road to proceed through the town's development review process to request relocation of a pedestrian walkway as the applicant pursues town approval of an outdoor dining deck. Dick Cleveland seconded the motion. A vote was taken and the motion passed 6-1, Greg Moffet in opposition. The applicant, Remonov and Company, had originally requested Council permission to seek development review of a design involving the use of a portion of town land for the dining deck, in addition to the pedestrian walkway relocation, but a motion offered by Councilman Greg Moffet failed to receive a second. During the public comment period, the Council heard from Paul Johnston of the Christiania Lodge who said he also represented other neighbors to the east of the Vista Bahn Building. Johnston expressed concerns about an outdoor dining deck because of noise issues that are already impacting the neighborhood. Also, Jim Lamont of the Vail Village Homeowners • Association shared a compromise concept that would address several problems, including 2 • certain protections contained in a newly disclosed covenant. A different design for an outdoor dining deck was approved by the town in 2000. However, the approval expired when the owners failed to pull a building permit. The applicant must now provide a new outdoor dining deck application as well as the possible relocation of the pedestrian walkway, which will be reviewed by the Design Review Board and the Planning and Environmental Commission. The sixth item on the agenda was the Children's Garden of Learning Loan Request. Greg Moffet moved approve a $50,000 no-interest loan to the Children's Garden of Learning to be repaid within 10 years. Chuck Ogilby seconded the motion. A vote was taken and the motion passed 5-2, Bill Jewitt and Diana Donovan voting against. The loan will be used to cover interior and exterior expenses associated with the child development center when it temporarily relocates to Red Sandstone Elementary School. The Children's Garden of Learning, which serves up to 125 toddlers and preschoolers, is currently located on the town-owned Middle Creek site. The relocation is required to enable construction of a new $1 million school to be financed by Coughlin & Company, the developer of the Middle Creek housing project. Construction is set to begin next month with the new child development center completed in September 2004. Speaking on behalf of the Children's Garden of Learning, Tamra Nottingham Underwood, a parent volunteer, described how the funds would be used to prepare a 1,500 sq. ft. classroom space at the elementary school and an outdoor play area. The space must meet state certification requirements, she said. In addition, the playground design, which includes retaining walls and fencing, must undergo review by the town's Design Review Board. • Given the temporary nature of the facility, which will be used for just 18 months, Underwood asked the Town Council to use its influence over the Design Review Board to adopt a flexible and cost-savings approach to the situation. She said the school plans to open its interim facility on July 14 with the playground in place by Aug. 19. During Council discussion, Bill Jewitt expressed concerns about the town's fiduciary responsibility and the unsecured nature of the loan, while Diana Donovan suggested shortening the school's 15-year payback proposal. Underwood said the school will be able to cash-flow $3,300 in annual payments. In making the motion fora 10-year payback period, Greg Moffet complimented the group for its operation of an excellent facility and urged the group to continue to look for cost efficiencies during the interim relocation, including continued discussions with the Eagle County School District in an effort to waive the $21,000 annual fee to lease the space. While Underwood thanked the Council for its support, she said the representatives would have been even more pleased to see Council approve a grant rather than a loan. The seventh item on the agenda was the Holy Cross Energy Easement Greg Moffet moved to approve a motion to grant Holy Cross Energy permission to proceed with preparing easement documents that will be necessary for an underground power line construction project in the Spraddle Creek and Potato Patch areas in which the project will cross Town of Vail property. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. During discussion, Councilman Dick Cleveland suggested the need to ensure the project area, once completed, is restored to its natural • landscape. Jim Lamont of the Vail Village Homeowners Association stressed the 3 • importance of Vail's natural beauty and also expressed the need to restore the cuts properly. The eighth item on the agenda was the Bighorn Flood Remediation. Dick Cleveland motioned to approve an expenditure of $61,300 from the town's capital fund balance to augment additional funding to reconstruct the two East Vail streets that were damaged by the June 1 flood. Chuck Ogilby seconded the motion. A vote was taken and the motion passed 6-1, Diana Donovan opposing. The work will occur on Spruce Way from Spruce Drive to Bighorn Creek, and Columbine Drive from the north end of the tunnel to Bighorn Road. The project will cost an estimated $253,050. Public Works Director Greg Hall said the Colorado Department of Transportation is expected to contribute $141,750 towards the project. An additional $50,000 from the town's capital street improvement budget will be applied. Hall had presented a second option for a minimal rebuild at the CDOT reimbursement cost of $141,750. However, Hall noted the town would need to return to reconstruct the street in five to 10 years at an additional cost of approximately $300,000. The higher priced option, according to Hall, which includes full reconstruction and substantial improvements to the existing drainage system, would extend the life of the pavement structure for 30 to 40 years. In voting against the higher priced option, Councilmember Diana Donovan said she wasn't convinced the neighborhood streets, built in 1976, needed to be reconstructed. Next steps include additional negotiations with the low bidder, Ewing Trucking and Construction. • The ninth item on the agenda was the Authorization of Middle Creek Private Activity Bonds. Greg Moffet moved to approve first reading of an ordinance authorizing the issuance of a maximum of three series of bonds totaling $18.5 million by the town for the Middle Creek Village Apartments project. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Prior to the vote, the project's bond counsel, Mike McGinnis, said the town is serving as an issuer of the bonds for tax purposes under a state statute known as the County and Municipality Revenue Bond Act and that there will be no debt or obligation by the town for repayment. Prior to second reading, Councilmembers asked that the bond documents be amended to remove the childcare development center and the land as collateral. The tenth item on the agenda was Resolution #6, the Local Disaster Resolution. Bill Jewitt moved to adopt the resolution declaring a local disaster as defined by state statutes. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The declaration is in reference to the Bighorn Creek flood, which occurred June 1, causing more than $2 million in damage to public and private property. In introducing the resolution, Town Attorney Matt Mire said the action is necessary to start the process for requests to state and federal agencies for financial assistance. The eleventh item on the agenda was the Town Manager's Report. During the town manager's report, the Council directed interim manager Pam Brandmeyer to follow up on a letter from Gov. Bill Owens requesting the town's support for a statewide ballot issue 4 on water resources in November. Councilmembers suggested atown-sponsored public • discussion on the topic with presentations from multiple interests. The Council voted 4-3 (Jewitt, Cleveland, Donovan against) to authorize $3,000 to complete the initial design process for a proposed indoor recreation facility at Red Sandstone Elementary School. As proposed by Councilman Chuck Ogilby, the money would be used to modify an earlier design to address a new, more efficient parking configuration. To date, the town has spent $5,000 for design work by Fritzlen-Pierce Architects. The funding comes from a $400,000 recreation facility escrow account resulting from the town's sale of the Old Town Shops to the Eagle River Water and Sanitation District. The town shops had long housed the gymnastics program operated by the Vail Recreation District. The program has since moved to a temporary facility in Avon. The town has identified a $1.4 million budget for a permanent facility, which anticipates a $600,000 contribution from the Eagle County School District. During discussion, Councilman Dick Cleveland said he was reluctant to spend additional money on the design until participation from the school district is clarified. Also voting against the motion was Bill Jewitt, who said the project had not been reviewed or approved by the Council, while Diana Donovan voted against due to concerns about the lack of a recreation facilities master plan. The remaining councilmembers who voted in favor of the funding said they were comfortable with the $3,000 expenditure since it would be coming exclusively from the escrowed funds. Also during the town manager's report, the Council directed the staff to research the cost • of a Tax Increment Financing reinvestment study from the Vail Chateau east to Crossroads and to notify Solar Vail regarding the placement of a trash dumpster on town land. Also, Councilmember Diana Donovan asked for clarification on the decision- making process for design of a fire station on the Hud Wirth site in West Vail, noting the need to maximize the site for additional uses. That prompted a suggestion from Dick Cleveland to master plan the site prior to the fire station design. As there was no further business, Greg Moffet made a motion to adjourn. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 5:15 P.M. SEAI- ~,,...,. Respectfully submitted, ~~ ~~~ Ludwig Kurz, l ayor :] 5 ATTEST: i '~ ~~ , ~~~1 Lor ' Do ldson, Town Clerk Minutes taken by Pam Brandmeyer and Suzanne Silverthorn • VAIL TOWN COUNCIL MEETING MINUTES TUESDAY, JULY 1, 2003 The regular meeting of the Vail Town Council was called to order at 7:00 P.M., on Tuesday, July 1, 2003, in the Vail Town Council Chambers. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Pam Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Tom Steinberg appeared before the Council to offer his reluctant support for the temporary use of the Ford Park softball fields for ski season parking. Steinberg suggested that a contract be signed between the town • and Vail Resorts in which the two parties would agree to certain terms and conditions. He suggested the use be temporary, perhaps a minimum of three years, and that Vail Resorts be required to restore the fields to their natural state at the end of the contract period. Steinberg's apprehension, in part, is due to safety concerns, he said. Steinberg suggested the need for a safe pedestrian route, such as across the Manor Vail bridge or the streamwalk, rather than alongside the Frontage Road or Vail Valley Drive. While noting some fundamental disagreements about the town's parking role, which he said lies squarely with Vail Resorts, Joe Staufer also said he would find use of the fields at Ford Park acceptable to people so long as the use is limited to fewer than five years, the cost is borne by Vail Resorts and the fields are restored to their natural state once the use is complete. Staufer also suggested the need for a contractual agreement to avoid misunderstandings in the future. Flo Steinberg expressed opposition to using the fields for ski season parking, criticizing Vail Resorts for its decision to continue to attract day skiers to the resort. Steinberg said the company's actions will cause overcrowding situations and will negatively impact the destination skier market. . Kaye Ferry of the Vail Chamber and Business Association (VCBA) presented • the organization's parking recommendations in preparation for Town Council consideration of the 2003-04 winter program. The VCBA recommends restoration of the 90-minute free parking program and the return of Free After 3. In addition, Ferry said the group endorses alternative parking options, such as use of the Ford Park softball fields, to keep cars off the Frontage Road. Bill Hanlon expressed support for returning to the Free After 3 parking program, as well as other parking options, such as the Ford Park proposal. If parking is allowed on the Frontage Road next season, Hanlon suggested shortening the time allowed on the roadway, saying the 11 p.m. allowance is too long. With the parking structures emptying out after the lifts close, Hanlon said vehicles from the Frontage Road could be moved into the structures, which would also improve late-night pedestrian safety. On behalf of his family's business, John Gorsuch also expressed support for reinstating the Free After 3 parking program, saying it contributes to the town's vitality. Gorsuch also stressed the importance of having ample customer parking. Paul Rondeau emphasized pedestrian safety concerns in suggesting the • town eliminate parking on the Frontage Road during ski season. He noted the town's liability, be it moral or legal, in the event of a tragic accident. The second item on the agenda was the Consent Agenda re: June 3 and June 17 Evening Meeting Minutes. Greg Moffet moved to table approval of the June 3 meeting minutes and to approve the June 17 minutes. Dick Cleveland seconded the motion. The Council asked that revisions be made to the June 3 minutes to clarify its discussion on the fire services agenda topic. The third item on the agenda was a Tax Equity and Fiscal Responsibility Hearing Act (TEFRA) Hearing. To meet the technical requirements of the Internal Revenue Service Code, the Council conducted a public hearing to solicit comments on the town's role in the issuance of private activity bonds for the Middle Creek Village housing development. No testimony was offered. The fourth item on the agenda (originally item #12 on the agenda) was the second reading of Ordinance #15, Series of 2003, regarding Private Activity Bonds for Middle Creek, authorizing issuance of a maximum of $18.5 million in bonds by the town for the Middle Creek Village housing development. Greg Moffet moved to approve the ordinance as read. Bill Jewitt seconded the motion. A vote was taken and the motion passed 6-1, Diana Donovan opposed. In voting to approve the ordinance, Councilmembers said the town's role was to serve as a conduit to obtain tax-exempt • status. There is no debt or obligation on behalf of the town. Bond proceeds will be loaned to Middle Creek Village, LLC., which will be solely responsible to pay for debt service on the bonds as well as issuance costs. In voting against the ordinance, Councilmember Diana Donovan said the Middle Creek project doesn't serve the town's interests and would be turned down if it went to a public vote. The next item on the agenda was a discussion on the November Election. During the discussion, Interim Town Manager Pam Brandmeyer had asked the Council to consider adding an additional .61 mills to the ballot measure for staffing and operation of the third fire station, noting that a funding source for the anticipated $325,000 in annual expenses is yet to be identified. At the suggestion of Dick Cleveland, the Council majority said. it preferred to exclude operational expenses from the ballot so as not to inhibit consolidation discussions with other emergency services providers. During the public comment period, Paul Rondeau said that while he was an opponent of a 4 mill property tax increase which was placed on the ballot by the Town Council last year, he would be a proponent this time, largely because of what he described as a "bite-sized" proposal. Rondeau said a property tax for fire and first responder services in the new Millennium would serve a need to help restore the split in sales tax revenue allocations between town operations and capital costs. More specifically, he said a third fire station would meet an established need in that it would: 1) strategically locate a fire station on the north side of I-70 and on the west end of town; 2) provide more uniform, fast response time for fire and first responder services along the 10 mile long town; and 3) provide needed back-up • when multiple emergency services events occur in town or on I-70. Rondeau said he would support adding operational expenses to the ballot measure so long as an annual audit could be conducted to judge productivity and effectiveness. He also suggested that a fire company citizens academy be formed to add a volunteer component to the department's operations. Also speaking was Rick Scalpello who suggested that ademo- rebuild of the Main Vail fire station may be more cost-effective than a remodel. Dick Cleveland moved to direct staff to prepare an ordinance for the November ballot that would contain a property tax of fewer than .81 mills which would be used to construct and equip a new fire station in West Vail and to rebuild the Main Vail fire station. Greg Moffet seconded the motion. A vote was taken and the motion passed 5-2, Bill Dewitt and Diana Donovan opposed. In voting against the motion, Bill Dewitt said the town should find a way to fund core services, such as fire station improvements, out of existing revenues rather than rely on voter sentiment, while Diana Donovan raised questions about the need for a third fire station. The mill levy would sunset after the bonds are retired. In voting to lower the .81 mill levy rate, the Council majority asked that a new rate be established that would correspond to a modified construction budget of $3.2 million for the new fire station. The .81 mill levy rate had been calculated based on a $4.2 million fire station budget. The next item on the agenda was a Request to Honor Fallen Cyclist Brett Malin. The Council approved a request by Adam Palmer and other members of the cycling community to erect a memorial plaque on the Dowd Junction recreational path bridge to honor Brett Malin, who was killed on June 18 when he was hit by a tractor trailer while • competing for Team Vail during the Race Across America cycling event. The plaque will be erected on or before July 13 to coincide with a community memorial service. The group was asked to coordinate details with Interim Town Manager Pam Brandmeyer. The next item on the agenda was the Ore House Awning Appeal. Allison Ochs, town planner, presented the appeal to the Council, stating the applicant was appealing to overturn Design Review Board denial of a plastic shade on the dining deck at the Ore House and to direct staff to explore a regulatory component for future applications. Ochs stated the Ore House shade was intended to shield patrons during inclement weather. During his appeal to the Town Council, applicant Larry Anderson, manager of the Ore House, said the shade/awning had been in place for 4 to 5 years and had caused no harm to anyone. The device is never used in the winter, he said, and is used sparingly during the summer. In addition, Anderson said his restaurant has no interest in enclosing the outdoor dining deck and is prohibited from doing so. Anderson also raised an equity issue, noting that a similar plastic awning is in use at Pepi's. While noting the shade/awning has been in use for several years, Mayor Ludwig Kurz also noted the businesses' failure to receive town approval, which was acknowledged by Anderson. During the public hearing, John Gorsuch urged the Council to allow the plastic awning, noting its utilitarian function and its widespread use at other resorts across the country. Also speaking in favor of the appeal was Kaye Ferry of the Vail Chamber and Business Association who said the plastic awnings, which are discouraged by the town's guidelines, would be less intrusive than the allowable canvas material. Ferry likened the • awning request to an umbrella and urged the Council to be a proactive partner in responding to business needs. Greg Moffet made a motion to overturn the DRB decision subject o design guidelines. Bill Jewitt seconded the motion. A vote was taken and the motion passed 6-l, Donovan opposed. In voting to overturn denial of the application, Councilmembers found that the plastic shades meet the intent of the design guidelines. In voting against the motion, Diana Donovan expressed concerns about an eventual deck enclosure and the lack of conditions tied to the application. The next item on the agenda was an appeal of the June 9, 2003, Planning and Environmental Commission decision to approve with conditions a request for a variance for Nine Vail Road Parking and Loading. The Nine Vail Road parking issues surfaced during review of the redevelopment application for the adjacent Four Seasons Resort property, which originally had a joint parking plan. Final approval of the Four Seasons redevelopment plan by the PEC had been contingent on approval of a plan for the four parking spaces at Nine Vail Road. Greg Moffet made a motion to modify a Planning and Environmental Commission (PEC) decision which approved a variance to allow for two parking and loading spaces in the front setback at Nine Vail Road with two other parking spaces to be located within the parking structure of the adjacent Four Seasons Resort. In modifying the PEC decision, all four parking spaces will be relocated to the Nine Vail Road parking garage entry off Meadow Drive with a landscaping plan to be approved by the Design Review Board. A vote was taken and the motion passed unanimously, 7-0. Following the vote, Councilmember Diana Donovan suggested properties be grandfathered when similar circumstances occur rather than • declare properties to be non-conforming as was the case with Nine Vail • Road. Jim Lamont of the Vail Village Homeowner's Association offered similar comments, saying the town should accommodate properties to make them whole again rather than declare them to be non-conforming. The next item on the agenda was a 2004 Allocation Request for Commission on Special Events. Greg Moffet moved to approve a $565,000 funding request from the Vail Commission on Special Events to be included in the 2004 budget. Bill Jewitt seconded the motion. A vote was taken on the motion and the motion passed unanimously, 7-0. Requests fora 03-04 parking pass, continued legal support and copying services also received approval. Greg Moffet made a motion to authorize $50,000 in the next 2003 supplemental budget appropriation to help the Vail Valley Chamber and Tourism Bureau (VVCTB) establish an icon event for Vail as the exclusive resort sponsor of the Professional Cycling Tour, the nation's largest pro cycling series, which draws crowds of 300,000 during its established stops in Philadelphia, New York and San Francisco. Bill Jewitt seconded the motion. During an overview, Rick Chastain of the VVCTB said the annual Labor Day weekend event would have an immediate return on investment for Vail and would be financially self-supporting by 2006. While Chastain had asked for consideration of a $100,000 request from the town, Councilman Greg Moffet suggested acost-share between the town's budget and funding from the Vail Local Marketing District. A vote was taken and the motion passed 7-0. In voting to approve the $50,000 allocation from • the town, Mayor Ludwig Kurz said the cycling event would be similar in marketing magnitude as that of the New York Philharmonic. The next item on the agenda was first reading of Ordinance #6, Series of 2003, An Ordinance to Allow Type II Employee Housing Unit as a Permitted Use The Council voted 5-2 (Donovan and Jewitt against) to approve first reading of an ordinance to allow a Type II employee housing unit as a permitted use and to eliminate a Type II employee housing unit as a conditional use in the town's residential zone districts. In presenting the recommended changes, Bill Gibson, a planner in the Community Development Department, said the proposed text amendments would improve efficiency of the development review process and had been recommended for approval by the Planning and Environmental Commission. However, in voting against the motion, Councilmember Diana Donovan questioned the rationale, saying some employee housing unit applications have been inappropriate and, therefore, should continue to be evaluated as a conditional use. She also called for additional reforms by the town to enforce occupancy requirements. In voting to approve the ordinance, Dick Cleveland said he considered it to be an appropriate change with minimal downsides. During the public comment period, Jim Lamont of the Vail Village Homeowners Association asked the Council to defer final reading of the ordinance until the outcome of the GRFA (gross residential floor • • area) discussion has concluded. Dick Cleveland moved to approve Ordinance #6, subject to findings in the staff memo. Greg Moffet seconded the motion. A vote was taken and the motion passed 5-2, Bill Jewitt and Diana Donovan opposed. The next item on the agenda was the first reading of Ordinance No. 16, an ordinance to allow the separate sale or transfer of Type II Employee Housing Unit. Greg Moffet recused himself from the discussion due to a contractual relationship with the applicant. Councilmembers Bill Jewitt, Dick Cleveland and Rod Slifer expressed concerns about maintaining affordability of the units as well as the impact when duplexes become triplexes as a result of the sale. Diana Donovan also expressed opposition, questioning the 1,500 sq. ft. maximum size, as well as other issues. In offering support for the change, Councilman Chuck Ogilby pointed to the town's existing code which allows for the sale of Type III housing units on high-density residential and commercial property. To be consistent, Ogilby said the town should also do the same for Type II units in the lower-density residential zone districts. The applicant, Greg Amsden of AMS Development, had proposed the change as an incentive to address the need to create employee housing opportunities for professionals in Vail. Dick Cleveland made a motion to deny the Ordinance #16 on first reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed 5-1-1, with Chuck Ogilby voting in favor. Chuck Ogilby encouraged the Council to continue to work on an acceptable solution. The next item on the agenda was the first reading of Ordinance # 14, an Emergency • Ordinance to Authorize Creation of Timber Ridge Affordable Housing Corporation and the Making of a Loan to Acquire Property. Matt Mire, town attorney, and Nina Timm, housing authority administrator, presented the ordinance to the Council, stating this emergency ordinance was to authorize creation of the Timber Ridge Housing Corporation and the making of a $lmillion loan from the Town of Vail (proceeds from the Miller Ranch sale) to the Timber Ridge Affordable Housing Corporation for acquisition of the Timber Ridge apartments. An additional $21 million in debt will be issued by the corporation. The action was initiated in April when the Town Council voted 7-0 to pass a resolution to seek a friendly condemnation of the 198-unit property. Acquisition by the town enables the property to be maintained as employee housing in perpetuity. Bill Jewitt motioned to approve Ordinance # 14 as an emergency ordinance. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The next item on the agenda was the Town Manager's Report. In reviewing the Town Manager's Report, the Council modified a staff request for town use of the Donovan Pavilion, adding a May 2004 date for the town's clean-up day, eliminating a request for use on New Year's Eve as well as requests by the Police Department for training. Also, during its review of the Town Manager's Report the Town Council voted 7-0 to approve a request by Interim Town Manager Pam Brandmeyer to authorize a 2.5 percent merit increase for town employees. While the increases, representing $250,000, had been carried in the 2003 budget, Brandmeyer had asked for Council approval prior to implementation. • In response to a third item on the Town Manager's Report, the Town Council voted 7-0 to endorse implementation of a reserve police officer program. A question regarding a reserve officer's authority to carry a weapon was referred to Police Chief Dwight Henninger. As there was no further business, Rod Slifer motioned to adjourn. Bill Jewitt seconded the motion. A vote was taken and the motion was passed unanimously, 7-0, and the meeting was adjourned at 9:30 P.M. Respectfully submitted, ~~~ ~~ i f~CO.GL_ Ludwig Kurz,`l~Iayor ATTEST: ~'~~~~ ~dL rel~ Donaldson, Town Cler Qf SE~- ~t~t~~ ~v >~' .~ ~' ~ • VAIL TOWN COUNCIL EVENING MEETING TUESDAY, JULY 15, 2003 6:00 P.M. The regular meeting of the Vail Town Council was called to order by Mayor Ludwig Kurz at 6:00 P.M. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Pam Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was none. • The second item on the agenda was the Consent Agenda. Greg Moffet moved to approve the meeting minutes for the June 3, 2003, meeting. Dick Cleveland seconded the motion. A vote was taken and the motion was unanimously approved, 7-0. The third item on the agenda was the Vail Town Council Sitting as the Vail Local Marketing Board. Convening as the Vail Local Marketing Board, the Council heard a quarterly update from the Vail Marketing Advisory Council. The presentation began with a market research overview by Bill Siegel, president of Longwoods International. Among the findings: --Vail is appealing to families. --Visitors come for the active outdoors experience, elegant restaurants and sightseeing, among other activities. --Vail appeals to residents on the Front Range as a "weekend getaway," but less so fora "summer vacation." --Nationally, Vail is seen as a small place with not enough to see and do in the summer; it has a strong, positive image as a winter resort. --Vail's product delivery is rated very favorably by those who visit. Since 2002, Seigel said the marketing campaign has aimed to refocus Vail's message to that of an upscale mountain resort with attributes to include: --excitement and adventure --all season, not just winter --welcoming • --wide variety of things to see and do --the ideal/only headquarters for an upscale Rocky Mountain summer • experience Following Seigel's presentation, updates were presented on the budget, which is funded by a 1.4 percent lodging tax, plus campaign results year-to-date. Those results include a 19 percent increase in bookings over last summer, more group and meetings business and increased traffic on the web site www.vailsummer.net. Spokesperson Kelli McDonald of the Vail Valley Chamber and Tourism Bureau attributed the increases to additional progress in coordination, communication and cooperation among the various vendors and partners. During the discussion, Bill Jewitt reminded the Advisory Council that funding from the lodging tax must be used for Vail-only purposes and that cost-share funding for PRIMA, a cultural partnership that includes promotion of the Vilar Center as well as activities in Ford Park, must come from other sources, such as the town's general fund. In seeking clarification, Councilmembers said it would be appropriate to integrate PRIMA into the overall marketing program. However, any direct contributions to the PRIMA budget must come from a funding source other than the lodging tax. During its last order of business, the Board voted 7-0 to allocate $50,000 from a $90,000 contingency fund in the 2003 marketing budget to fund a request to bring the Pro Cycling Tour to Vail. The allocation matches a $50,000 contribution authorized previously by the Vail Town Council from general . fund revenue for a total pledge of $100,000. The fourth item on the agenda was a Fire Services Update. As a follow up to an executive session earlier in the day regarding fire services negotiations, the Council directed staff to prepare two November ballot questions for consideration at its August 5 evening meeting. The first would transfer 3.8 mills from the town's current 4.69 mills to the Eagle River Fire Protection District for consolidated fire services. As such, the Eagle River Fire Protection District would agree to build a West Vail fire station, remodel the Main Vail station and cover ongoing personnel and other operational costs for the three fire stations in Vail. A second ballot option to be reviewed by the Town Council is a $4.3 million general bond issue that would be used to fund and equip a new West Vail fire station and renovate the Main Vail fire station. This would result in a mill levy increase of approximately .59 mills, which would sunset after the bonds are retired. The town staff was also directed to continue fire and emergency services consolidation discussions with the Eagle County Ambulance District and the Beaver Creek Metro District as additional options. The scenarios were presented by Councilman Dick Cleveland who has been instrumental in facilitating the consolidation discussions. Cleveland reiterated the Council's commitment to build and staff a West Vail fire station and to remodel the Main Vail fire station. He said the alternatives are intended to • result in additional efficiencies for taxpayers while delivering • seamless fire and life safety services to the Town of Vail. Councilman Greg Moffet commended the consolidation efforts, noting that "people are trying to do the right thing." The Council must approve two readings of a ballot ordinance during its meetings in August to qualify for placement on the November election ballot. The fifth item on the agenda was a Request to Proceed Through the Town's Development Review Process for Temporary Use of the Ford Park Softball Fields for Parking During the 03-04 Ski Season. Bill Jewitt moved to approve a request to proceed through the town's development review process for the temporary use of the Ford Park softball fields for public parking during the 2003-04 ski season. Greg Moffet seconded the motion. A vote was taken and the motion was approved unanimously, 7-0. The process requires an amendment to the Ford Park Master Plan, which currently prohibits parking on the softball fields; approval of a conditional use permit; design approvals; and agreements from the Colorado Department of Transportation. The request was presented to the Town Council following a discussion by the Vail Parking Task Force on July 9, in which the group suggested returning to the Town Council for authorization to explore the concept on a formal basis. Prior to the Council discussion, Mayor Ludwig Kurz read a letter into the public record from Josef Staufer, in which Staufer offered reluctant support for the proposal, so long as the temporary use is kept to a maximum of three seasons on the condition that a satisfactory long-term plan is identified by Vail Resorts within the first year; that the costs are borne by Vail Resorts; the fields are restored to their natural state; • that artificial turf be prohibited; and that Vail Resorts and the Town of Vail sign a contractual agreement outlining the terms and conditions. In making the motion to allow the development review process to take place, Councilman Bill Jewitt said that although some might not like the eventual outcome, it was important to initiate the process so decisions can be reached prior to the start of ski season. During the discussion, Councilmember Diana Donovan expressed concern, saying that once the fields are used for parking, the temporary solution will become permanent, and Vail Resorts will be let off the hook for a future solution, thus, lowering Vail's standards. While Councilman Dick Cleveland said he shared similar concerns, he said he'd be willing to consider the use of Ford Park as an interim solution so long as a permanent solution is on the horizon. Councilman Chuck Ogilby asked that Vail Resorts serve as the project's applicant and that discussions take place between representatives from the town and Vail Resorts to determine what the company will pay for. Public Works Director Greg Hall said the Ford Park concept could add between 600 and 700 temporary spaces to the parking inventory. The sixth item on the agenda was a Request to Proceed Through the Town's Development Review Process with a Proposal to Construct a Bridge Across Gore Creek to Allow Snowcat Access to Vail Mountain from the Maintenance Facility in Lionshead. Rod Slifer stated he would be recusing himself from this item, due to a conflict of interest. George Ruther, head of planning, presented the request to the Council, stating Vail Resorts, Inc. was requesting the town allow them to proceed through the town's development review process for construction of a proposed bridge across Gore Creek to • allow Snowcat access to Vail Mountain from the maintenance facility in Lionshead. As 3 • proposed, the access route would be located across the site of the new wastewater treatment plant, across a new bridge over the creek and connecting to the Westin Ho ski trail. Since the proposed route included a portion of Town of Vail land, the Town Council was asked to grant its permission to allow Vail Resorts to submit a development review application. During discussion, Councilman Chuck Ogilby expressed concerns about cuts that would be made to the hillside. He suggested use of the recreation path as an alternative. Greg Moffet moved to approve the request from Vail Resorts. Dick Cleveland seconded the motion. A vote was taken and the motion passed 6-0, with Slifer recused. The seventh item on the agenda was Ordinance #6, second reading, an Ordinance Allowing Type II Employee Housing Unit as a Permitted Use and to Eliminate Type II Employee Housing as a Conditional Use in the Residential Zone Districts. Greg Moffet made a motion to table to Aug. 19 the second reading of an ordinance to allow a Type II employee housing unit (EHU) as a permitted use and to eliminate a Type II employee housing unit as a conditional use in the town's residential zone districts. Dick Cleveland seconded the motion. In making the motion to table, Councilman Greg Moffet suggested postponing a final decision on the ordinance pending a discussion on the town's ability to enforce required occupancy provisions for employee housing units. While the town has strengthened employee housing unit occupancy requirements, first in 1994, and again in 2000, Councilmember Diana Donovan, in particular, has long questioned the effectiveness of the town's • enforcement provisions. Property owners must now file an affidavit with the town each year to comply with the regulations, which require employee housing units to be occupied by a person who works a m~mmum of 30 hours a week within Eagle County. Despite the regulations, Donovan says she believes many of the units are either unoccupied or are being misused with inaccurate information provided to the town. Councilman Dick Cleveland, one of the original members of the Vail Housing Authority, said he thinks the town has more work to do in its requirements and enforcement of employee housing units. He said Aspen has done a good job with its enforcement regulations. While Community Development Director Russell Forrest said the town has prosecuted several violators within the past year, he said a discussion to determine the level of enforcement and associated resources desired by the Council would be an appropriate next step. A vote was taken on the motion and the motion passed unanimously, 7-0. Councilman Greg Moffet suggested that if the Council approves EHUs as a use by right, the trade-off should be an annual inspection with enforceable sanctions for those who don't comply. Town Attorney Matt Mire said the current penalty for violators is up to six months in jail or a $999 fine, or both, plus fines for each day the violation continues, which prompted Moffet to suggest the town do more to use its enforcement tools already in place. Councilman Bill Jewitt noted the need to discuss the potential impact to EHUs should the town eliminate GRFA (Gross Residential Floor Area). Councilman Chuck Ogilby suggested Forrest and Police Chief Dwight Henninger meet to develop a proposal to address some of the issues. The eighth item on the agenda was the second reading of Ordinance #9, regarding a • Special Development District for Four Seasons Resort. At the staff s request, Greg 4 • Moffet moved to table second reading of an ordinance to allow for the redevelopment of the Chateau at Vail and the Vail Amoco site. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The ordinance was tabled to Aug. 19 to address conditions of approval as they relate to off-site improvements. The applicant, Nicolet Island Development, Inc., proposes to build a Four Seasons Resort to include 118 accommodation units, 22 condominiums, 34 employee housing units, retail and restaurant uses, conference and meeting rooms and a spa and health club. The ninth item on the agenda was the second reading of Ordinance #10, regarding Rezoning of Vail Amoco Station. Also at the staff s request, Greg Moffet moved to table second reading of a companion ordinance to rezone the Vail Amoco site from the Heavy Service zone district to the Public Accommodations zone district. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The ordinance was tabled to Aug. 19 to accompany other approvals necessary for construction of the Four Seasons Resort which will replace the Vail Amoco station and the Chateau at Vail near the Main Vail roundabout. The tenth item on the agenda was the Town Manager's Report. The Council agreed to proceed with designs for the reconstruction of Pirate Ship Park to include replacement of the wooden bridge over Mill Creek. At the suggestion of Councilmember Diana Donovan, the Council selected apre-fabricated timber construction design for the bridge. In reviewing the Council's list of pending projects, Councilman Chuck Ogilby suggested • a discussion on the status of a proposal to create a Business Improvement District and the associated impacts on the town's business license fee structure and funding for special events. Ogilby also inquired about the need to reconvene the Donovan Pavilion Committee to address several issues. Councilman Rod Slifer suggested a site visit to the Vail Mountain School soccer field, which has been installed with artificial turf. The suggestion followed a comment from Dick Cleveland, who noted extensive wear and tear on Vail's natural turf fields during the three-week long Lacrosse tournament. The site visit has been scheduled for Aug. 5. As there was no further business, Greg Moffet moved to adjourn. Bill Jewitt seconded the motion. A vote was taken and the meeting was adjourned at 9:05 P.M. Respectfully submitted, ~LZ~ ~ ~'~~~-, Ludwig Kurz, Mar • ~o~~~~ • ATTEST: ~~~ 1 ~ ~c ~~~ ~~' ~oc~R~' Lo~rel Do~ialdson, `Town Clerk Minutes taken by Pam Brandmeyer and Suzanne Silverthorn. • r~ U l~ y • VAIL TOWN COUNCIL Evening Meeting Tuesday, August 5, 2003 6:00 P.M. The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday August 5, 2003 by Mayor Ludwig Kurz. MEMBERS PRESENT ABSENT Mayor Ludwig Kurz, Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Pam Brandmeyer, Interim Town Manager • Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Caroline Bradford of the Eagle River Watershed Council provided a brief update on sand mitigation efforts along Black Gore Creek, noting that progress is being made as a result of newly installed sediment basins. Bradford also invited a representative from the Town Council to participate in a meeting with Congressman Brad Udall and his staff at 10:30 a.m. on Aug. 13. Councilmember Diana Donovan volunteered to attend as a back up to Councilman Chuck Ogilby. Richard Kent, president of the Scorpio Condominium Association, located along West Meadow Drive, asked if the Town Council was investigating formation of an Urban Renewal Authority that would include properties along Meadow Drive, In addition, Kent inquired if a companion blight study had been approved. He also expressed the association's interest in adding additional protections that would prevent condemnation of property for development by a third party. In response to Kent's questions, Mayor Ludwig Kurz said the short answer to the first two questions is "no" and "no". Gwen Scapello described a recent outdoor dining experience along East • Meadow Drive in which noise from a town bus interrupted her ability to have a conversation with the other dining guests. Noting the town's award of a federal t • grant for new buses, Scalpello urged the town to make plans to purchase quieter buses. The second item on the agenda was presentation of the 2003 Vail Great Commercial Gardens contest. The award for best flower displays was given to two winners: the Hotel Gasthof Gramshammer and Vail Cascade Resort and Spa In addition, the Town of Vail was presented with the Cindy Brennan Award for Garden Excellence. The contest also recognized 18 other businesses for their distinctive flower displays. The third item on the agenda was the Consent Agenda, July Meeting Minutes. Greg Moffet moved to approve the meeting minutes for the July 1 and July 15 meetings with one correction. Diana Donovan seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The fourth item on the agenda was a Fire Services Update. Mayor Ludwig Kurz provided an update on the Council's decision-making path as it relates to fire services in Vail. With decisions spanning from March 18 to July 21, Council has voted to pursue design of a fire station on the Hud Wirth site in West Vail; pursue an election in November to fund the station as well as a remodel of the Main Vail • station; and to pursue consolidated fire services with the Eagle River Fire Protection District, among other decisions. After receiving a proposal from the Eagle River Fire Protection District to fund Vail's fire operations and its capital improvements fora 3.8 mill levy transfer, he said the Council directed staff to prepare an additional ballot question for the November election. However, during an executive session on July 21, Kurz said the Council learned that a consolidation ballot question and mill levy transfer would be better suited for a May election sponsored by the Eagle River Fire Protection District. In the interim, the Council has directed staff to explore contracting with the district for fire services with a target date of January 1. Other steps to take place include the drafting of a letter of understanding, apre-inclusion agreement and a financial analysis to determine if a consolidation is favorable to Vail, he said. Councilman Bill Jewitt noted that if an election were held in May to consolidate fire services via the transfer of 3.8 mills, there would be no additional taxes for Vail property owners, He noted the Council had previously contemplated asking voters for a property tax increase to fund the fire station improvements. Councilman Dick Cleveland noted the possibility of additional efficiencies in the form of a reduction in the overall mill levy for fire services should the Beaver Creek Metro District join in the consolidation effort. The fifth item on the agenda was a Request to Participate in a Joint Study to Explore Consolidated Fire and Emergency Medical Service. Several • Councilmembers expressed concern. Dick Cleveland, for example, said he preferred to focus on moving ahead with fire service consolidation discussions 2 • with the Eagle River Fire Protection District, noting that a $30,000 study on emergency medical services could negatively impact that momentum. Additionally, Cleveland shared feedback from a board member of the Eagle County Ambulance District who suggested the issues have been studied previously and that a new study would be a waste of money. Also expressing concern was Bill Jewitt, who said he preferred to know the levels of participation from other cost-share partners before committing Town of Vail funds. Jewitt also questioned whether the study would be impartial, given the extensive fire services background of the recommended consultant. Diana Donovan expressed concerns about the scope of services outlined in the proposal, which she described as too generic. During the public comment period, retired physician Tom Steinberg said introduction of the ambulance discussion would confuse the public and possibly cause the town to lose a vote to consolidate fire services. Steinberg further criticized the town, saying the staff influenced the outcome of an earlier study by directing the consultant to mention the ambulance district and a possible consolidation. Steinberg said the town also failed to involve the ambulance district director in previous discussions. Next to speak was Fred Morrison of the Eagle County Ambulance District. Morrison invited the Town Council and staff to attend an Aug 21 board meeting of the Ambulance District to discuss results of the earlier study. The remaining speakers, Dr. Chip Woodland and Dr. Larry Gall of Vail Valley Medical Center, expressed concerns • about diminished patient care if firefighter duties were merged with paramedics. After a lengthy discussion, Greg Moffet moved to table the staff's request to fund up to $10,000 to participate in a joint study to explore consolidated fire and emergency medical service for further discussion at the August 19`h Council meeting. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The sixth item on the agenda was an update from Tayor Hawes, a staff member representing Northwest Colorado Council of Governments Water Quality and Quantity Committee (NWCCOG-QQ). The Council received an update on three water-related issues. First, Hawes described provisions of Referendum A, which will appear on the November election ballot. The measure, supported by Gov. Bill Owens, would authorize $2 billion in bonding authority for water infrastructure and improvements. According to Hawes, most Western Slope organizations have expressed opposition to the measure including the board of the NW000G- QQ among the objections is how the ballot measure has pitted Western slope interests against the Eastern slope, she said, due to the absence of mitigation provisions. Taylor said her organization will prepare a white paper to include pros and cons, which will be distributed at a later date. Mayor Ludwig Kurz noted receipt of correspondence from Eagle County Commissioner Arn Menconi who has asked the Vail Town Council to consider a resolution in opposition of Referendum A. Councilmembers expressed interest in taking a position on the • ballot measure after reviewing the white paper from NWCCOG. In addition to Referendum A, Hawes provided an update on a statewide water supply initiative, • which will include roundtable discussions on water supply and demand analysis within Colorado's eight water basins. Councilmembers forwarded Chuck Ogilby's name to be nominated for participation. Lastly, Hawes distributed an information sheet on the Colorado River Return Reconnaissance Study, also known as The Big Straw. The Study, which will be completed by November, will evaluate three different paths for bringing water from the Utah State line to the Front Range. The seventh item on the agenda was the Eagle County Master Plan Update. Rebecca Leonard, senior planner for Eagle County, provided an overview of the county's master plan update, which will include a series of community meetings in September and January. She distributed a list of Planning Commission members and Technical Advisory Committee members and encouraged the town and its citizens to contact the members to provide feedback. The plan was written and adopted in 1996. Since then, numerous technological improvements have been implemented that will enable the update to be more user friendly, she said. A draft of the master plan update will be circulated in early spring. During discussion, Councilman Greg Moffet asked Leonard to distribute a copy of the policies that were established in 1996. The eighth item on the agenda was a presentation of the 2002 Audit Report. • Mike Jenkins, a partner with McMahan and Associates, presented the 2002 audit report to the Town Council. The town had $20.5 million in available resources in 2002. General fund expenditures were $918,000 lower than projected for the year due to the combined impact of conservative budgeting and unfilled staffing vacancies, according to the audit report. Overall, Jenkins said the town had a "clean" audit, meaning that the town's finances are presented fairly and that the Council can rely upon them for decision-making. Of particular note, said Jenkins, is the town's solid base of available resources in its general fund, which was represented by fund balances of 40 percent of 2002 general fund expenditures. Due to reporting changes required by the Government Accounting Standard Board (GASB), Jenkins said the financial statements contained in next year's audit will be presented in a format that more closely mirrors private sector financials. The ninth item on the agenda was a review of Council policy direction to the Vail Parking Task Force, regarding 2003-04 Ski Season Objectives. At the suggestion of Councilman Greg Moffet, the Council adopted five parking policies to be used by the Vail Parking Task Force in developing recommendations for the 2003-04 ski season. The policies are as follows: --serve our core markets (skiers, shoppers, employees) --manage the yield --simplify the product • --design the product so it is revenue neutral --increase safety 4 • During discussion, Councilmembers Greg Moffet and Bill Jewitt expressed a desire to simplify the system. Councilmember Diana Donvan agreed, suggesting the town consider directing vehicles into specific parking spots for added efficiency. Donovan also noted an interest in evaluating parking programs from other communities. She said decisions must be made based on fact and not on emotion. Councilman Rod Slifer suggested the need to understand and accommodate Vail's customers and their needs, such as returning to the park free after 3 program. After learning from Public Works Director Greg Hall that returning to the free after 3 could result in a revenue loss of over $300,000, Councilman Bill Jewitt inquired about the possibility of providing a tiered pricing system which would enable free parking to those who arrive after 3, while vehicles already in the structures would continue to be charged. Jewitt also urged the town to continue to move forward with a temporary parking solution on the Ford Park softball fields for this coming ski season. Councilman Dick Cleveland suggested consideration of a single parking rate, such as $8, in addition to other parking products. Mayor Ludwig Kurz, who chairs the Parking task Force, said the group has adequately evaluated customer wants and needs. He said the Task Force meets at 2 p.m. on August 6 to continue its discussions. He also noted a recent announcement by the North Cherry Creek neighborhood in Denver that will require paid parking in areas surrounding the Cherry Creek Mall. He also said the Vail Parking Task Force will serve as the applicant for a • conditional use permit for temporary parking on the Ford Park softball fields. The tenth item on the agenda was an approval request for the Two Year Construction Phase and Budget for Vail Village Streetscape Plan. Diana Donovan made athree-part motion to continue moving forward with the Vail village streetscape project. Greg Moffet seconded the motion. The motion included approval of snowmelt in limited areas, directing staff to enter into a contract to complete the final design for phasing in 2004 and 2005 and directing the design team to carry out a process to coordinate the design and construction sequence with impacted parties. A vote was taken on the motion and the motion passed 5-1, Bill Jewitt opposing. The Council declined a staff request to finalize a budget for the project, which is estimated at $3.6 million in 2004 and $3.5 million in 2005. Instead, the Council Streetscape Committee will be asked to forward a budget recommendation to the full group. During discussion, Councilman Greg Moffet said he would find it hard to support the plan unless adjacent property owners contribute financially, while Councilman Bill Jewitt, who has been steadfast in his opposition to snowmelt, said the project has taken on a life of its own at a time when dollars are tight. Noting the difficulty in funding the project through a Local Improvement District, Councilman Rod Slifer expressed interest in reviewing other cost-share solutions. Slifer also suggested a modification to the construction sequencing for Gore Creek Drive. During the public comment period, Kaye Ferry of the Vail Chamber and Business • Association, said the Council should have established a budget at the outset of the project and should have done more to include the business community in the s • funding discussions. Also, Sybiil Navas, administrator of the Vail Commission on Special Events, urged the Council to make a decision early enough so the project can get underway in April to minimize impacts to businesses and special events. The eleventh item on the agenda was a Market Analysis and Business Plan Consultant Team Selection for the Vail Conference Center. During discussion, Councilmember Diana Donovan inquired about how the contract would address a potential outcome if the firm recommended not to build a conference center. Councilman Rod Slifer, who chairs the Advisory Committee, said the recommended firm, HVS, has used its analysis to recommend "no" to some projects. The company has conducted studies in Colorado Springs, Denver and Santa Fe, among other cities. The recommendation to hire HVS was presented by Scott Proper, a member of the advisory committee, who said the group initially reviewed eight proposals, they interviewed three firms before recommending HVS. Following the presentation, Greg Moffet motioned to accept the recommendation from the Conference Center Advisory Committee to direct the interim town manager to enter into negotiations for a contract not to exceed $100,000 with HVS International to prepare a marketing analysis and business plan for the Vail conference center. Rod Slifer seconded the motion. A vote was taken on the motion and the motion passes, 6-0. • The twelfth item on the agenda was the Dobson Ice Arena Smoke Management Discussion. Dick Cleveland moved to direct the town staff to move forward in entering into a contract with Beaudin Ganze Consulting Engineers to engineer a smoke management system for Dobson Ice Arena. Greg Moffet seconded the motion. A vote was taken and the motion was approved 6-0. Fire Chief John Gulick stated the $15,573 contract will be used to design a system that will keep smoke eight feet above the floor, thus allowing for the safe and orderly evacuation of the arena. The modifications will ultimately increase the occupancy load for the arena from 1,000 persons up to 3,000. The funding will come from the town's capital projects budget. The thirteenth item on the agenda was a Property Conveyance to Eagle River Water and Sanitation District. Ordinance #17, Series of 2003, was presented to the Council on first reading, authorizing the conveyance of fee title to two parcels of real property in the town of Vai! adjacent to the property commonly known as the Old Town Shops and legally described as Part of Tract D, Vail Village Second Filing. Greg Moffet moved to pass ordinance #17 on first reading. Bill Jewitt seconded the motion. Town Attorney Matt Mire explained that the parcels were not conveyed with the Old Town Shop parcel and are contiguous to that land. The additional parcels are required for the Eagle River Water and Sanitation District to expand their operation. A vote was taken and the motion • passed, 6-0. 6 • The fourteenth item on the agenda was Resolution #7, Series of 2003, a resolution approving bylaws and an intergovernmental agreement with Colorado Intergovernmental Risk Sharing Agency. In presenting the resolution, Human Resources Director John Power said the agreement will save the town considerably in its liability insurance costs. Greg Moffet moved to approve Resolution #7. Bill Jewitt seconded the motion. A vote was taken and the motion was approved, 6-0. The fifteenth item on the agenda was Resolution #8, Series of 2003, a resolution clarifying height calculations in the Lionshead Mixed Use Zone District. George Ruther, Chief planner in the Community Development Department, said the clarification preserves the previous policies for building height in Lionshead which is 71 ft. for the average maximum height of any building and 82.5 feet as the absolute maximum height of any building. Ruther further stated the resolution would clarify the methodology used to calculate height in the Lionshead Mixed Use Zone Districts. Ruther stated the change resolved several methodology questions that have been raised since adoption of the 1998 Lionshead Redevelopment Master Plan. A motion to approve the resolution was made by Greg Moffet and seconded by Rod Slifer. A vote was taken and the motion passed, 6-0. • The sixteenth item on the agenda was the Town Manager's Report. Interim Town Manager Brandmeyer stated she had nothing to add to the submitted report. As there was no further business, Greg Moffet motion to adjourn. Bill Jewitt seconded the motion. A vote was taken and the motion passed, 6-0. Respectfully submitted, ~~~ /~ ~ ~~z~~ .~~ ~~~icc--~ m '~ .. A, ~~ ~ ~ ~' Ludwig Kurz, Mayor ~. `~~ ATTEST: .-L~orele Donaldson, Town Clerk C: ~, , • VAIL TOWN COUNCIL ,, ~ening Meeting Tuesday, August 19, 2003 6:00 P.M. The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday, August 19, 2003 by Mayor Ludwig Kurz. MEMBERS PRESENT: Mayor Ludwig Kurz Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Pam Brandmeyer, Interim Town Manager Matt Mire, Town Attorney • The first item on the agenda was Citizen Participation. Lou Meskimen shared his observations about I-70 noise issues, which was a common complaint during the recent town-sponsored picnic at Bighorn Park, he said. Noting that signs have been installed at the Genesee Hill and Georgetown areas reminding truckers that engine brake mufflers are required, Meskimen suggested installation of similar signs in Vail. Councilmembers informed Meskimen that a sign has been recently installed at mile marker 180 in East Vail. Two additional suggestions were offered by Meskimen. One is to circulate a petition to request the speed limit on I-70 be lowered through Vail. The second is to increase noise enforcement along I-70 in Vail either by the Sheriffs Office, the Vail Police Department or the Colorado State Patrol. Lastly, Meskimen suggested use of the Golf Course Clubhouse parking lot for ski season parking. Al Martens, owner of a unit in the Scorpio Condominiums at 131 West Meadow Dr., distributed pictures to the Town Council illustrating the impact to his property that will result from construction of the Four Seasons resort. Martens said the project would block his views. The second item on the agenda was the Introduction of New Town of Vail Manager. Mayor Ludwig Kurz introduced Stan Zemler as Vail's new Town Manager. Zemler will begin • full-time employment with the town on Oct. 6. Kurz said the hiring of Zemler represents one of 1 ~;, • the more far-reaching decisions of the Town Council. He thanked Human Resources Director John Power for his assistance as well as the entire town staff for their hard work during the search process. In particular, Kurz thanked Interim Town Manager Pam Brandmeyer for "holding it all together." He then read a passage from an editorial in the Boulder Daily Camera as follows: "We can't deny that Zemler and Vail are a good match. The community offers an outlet for his knowledge of environmental and economic issues, a great setting for his love of the outdoors, and a new management challenge. Whether Stan Zemler spends the rest of his working life in Vail, moves onto another assignment or finds his way back to this area, the community will be better off for his service. Boulder certainly is." In welcoming Zemler to Vail, Kurz also thanked members of a citizens committee who assisted in the interview process. Zemler said he was grateful for the opportunity to be in Vail and he looked forward to the challenges ahead. The third item on the agenda was Vail Valley Foundation Funding Request for the 2009 World Alpine Ski Championships. Councilmembers offered support to a request by Ceil Folz of the Vail Valley Foundation to provide a contribution of $800,000 over a 4-to 5-year payment period as well as in-kind services associated with hosting three World Championships simultaneously in 2009 (Alpine, Freestyle and Snowboard). Venue decisions by the International Ski Federation will be made next June 5. Throughout the summer and fall, Folz said she has been contacting key government and community groups and has received support and encouragement to bid on the events, which are projected to have an economic impact of over $30 million locally. Folz provided a handout that summarizes results from the 1999 World Alpine Ski Champions as well • as other advantages in pursuing the championships in 2009. Following Council's informal approval of the request, Mayor Ludwig Kurz distributed a draft letter addressed to the International Ski Federation offering the town's endorsement of the Vail Valley Foundation's bid for the 2009 championships. The fourth item on the agenda was Review of Contribution Requests. Greg Moffet moved to table the item to the September 2, 2003 meeting. Dick Cleveland seconded the motion. The Council voted 7-0 to table this item to the Sept. 2 meeting. The fifth item on the agenda was Housing Enforcement Discussion. After reviewing current policies and additional options that would strengthen town enforcement measures to ensure occupancy of employee housing units (EHU) within the town, the Council directed staff to pursue three initiatives as follows: 1) establish a process to verify annual tenant information which is provided by the property owner during an annual affidavit process required by the town; 2) require properties to update older deed restrictions to the most current one when a significant building permit is applied for; and 3) encourage and publicize aggressive enforcement efforts. A fourth option, to revise the current deed restriction to provide more stringent enforcement efforts, was deemed to be unnecessary by the Council due, in part, to the small number of dispersed employee housing units that have been created since the last enforcement update to the EHU ordinance in 2000. Since then, only 7 units have been created, which prompted Steve Lindstrom of the Vail Local Housing Authority, to suggest the need for increased incentives by the town, such as allowing an owner to "buy-out" their deed restriction at fair market value. Councilman Bill Jewitt suggested exploration of a housing-in-lieu fee in • exchange for additional square footage in a home. However, with the town's acquisition of the 2 • Timber Ridge apartments and construction now underway for rental units at Middle Creek, several Councilmembers, led by Greg Moffet, said the town has done much in the last six months to address the need for smaller units. Instead, Moffet said he'd prefer to look for ways to create incentives to provide larger housing units for families. The enforcement discussion was requested by Councilmember Diana Donovan who has often said there are "flagrant abuses" throughout town by owners who leave the units empty or use the space for purposes other than employee housing. Anyone found to be in violation of the EHU ordinance faces a penalty of up to $999 per day of violation and up to 180 days in jail. Earlier during the discussion, Vail Housing Coordinator Nina Timm explained the town has varying degrees of enforcement ability, due to updates of the EHU ordinance in 1992, 1994 and 2000. While there are 441 approved EHUs within the town, 254 of those do not require the units to be occupied, according to the town's interpretation of the ordinance in place at the time of approval. During the public comment period, Kaye Ferry said she explored putting an EHU in her home and found it to be a cumbersome process with no additional benefit to the property owner. She said she agreed with Greg Moffet's observations and encouraged the town to explore affordable housing opportunities for families. The sixth item on the agenda was the Second Reading, Four Seasons Special Development District. Greg Moffet moved to table second reading of an ordinance to allow for the redevelopment of the Chateau at Vail and the Vail Amoco site. Rod Slifer seconded the motion. At the applicant's request, the Council voted 7-0 to table the item. The ordinance was tabled to Sept. 16 to address conditions of approval as they relate to off-site improvements and a • memorandum of understanding with the Town of Vail regarding public improvements. The applicant, Nicolet Island Development, Inc., proposes to build a Four Seasons Resort to include 118 accommodation units, 22 condominiums, 34 employee housing units, retail and restaurant uses, conference and meeting rooms and a spa and health club. The ordinance was approved on first reading May 6. Prior to the vote to table the matter for the third time, Councilman Dick Cleveland expressed frustration in the inability to resolve the issues. In response, T.J. Brink of the development company, said he's continuing to work with a representatives from Nine Vail Road to find solutions to accommodate a request for additional parking spaces for the condominium property to satisfy an arrangement that occurred when the two properties were built. Councilman Greg Moffet encouraged the two parties to work out a compromise. The seventh item on the agenda was the Second Reading, Rezoning of Alpine Standard's Property. Greg Moffet moved to table second reading of an ordinance to rezone the Vail Amoco site from the Heavy Service zone district to the Public Accommodations zone district. Dick Cleveland seconded the motion. The Council voted 7-0 to table the ordinance to September 16. The eighth item on the agenda was the Second Reading, Conveyance of Property to Eagle River Water and Sanitation District. Greg Moffet moved to approve second reading of an ordinance conveying two parcels of land to the Eagle River Water and Sanitation District. Bill Jewitt seconded the motion. The Council voted 7-0 to approve second reading. Town Attorney Matt Mire explained the additional parcels are required to enable the Eagle River Water and Sanitation District to expand its plant. • .: • The ninth item on the agenda was the Second Reading, Amendment of Town Code to Define Terms used in Determination of Building Height. Dick Cleveland moved to approve a second reading of an ordinance amending the town code as it addresses height calculations for primary roof ridgeline, primary roof, dormer and interpolated glade. Bill Jewitt seconded the motion. The Council voted unanimously, 7-0 to approve the motion. The changes clarify building height calculations and address questions that have surfaced regarding properties in the Lionshead Mixed Use Zone Districts. The amendment preserves previous policies for building height in Lionshead which is 71 ft. for the average maximum height of any building and 82.5 feet as the absolute maximum height of any building. CJ The tenth item on the agenda was the Discussion to Participate in Joint Study to Explore Consolidated Fire and Emergency Medical Service. Greg Moffet moved to direct the interim town manager to decline participation in a joint study to explore consolidated fire and Emergency Medical Service. Bill Jewitt seconded the motion. The Council voted 7-0 to approve the motion. In making the motion to decline, Councilman Greg Moffet noted the town is already actively discussing consolidation with the Eagle River Fire Protection District. He suggested that an additional study on yet another consolidation would muddy the issue. The eleventh item on the agenda was the Town Manager's Report. During a review of the Town Manager's report, Councilmembers asked for additional background information as it relates to the town's application for a Treasurer's Deed to acquire 6.36 acres of land north of Cortina Lane. Community Development Director Russell Forrest said the property was designated as a high priority acquisition in the 1994 Open Lands Plan. Also, after reviewing an update on enforcement provisions of the town's false alarm ordinance, Councilmembers directed Fire Chief John Gulick and his department to issue a summons to repeat offenders when education fails to achieve the desired results. For additional information, contact Town Attorney Matt Mire at 479-2107. As there was no further business, Greg Moffet motioned to adjourn. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Respectfully submitted, ~~~_ t ~ Ludwig Kurz, ayor ATTEST: ~~ ~~-~~- I~ei D naldson, Town Clerk • .._. _~ • VAIL TOWN COUNCIL Evening Meeting Tuesday, September 2, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday September 2, 2003 by Mayor Ludwig Kurz. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Stan Zemler, Town Manager Pamela Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was a Legislative Update. State Senator Jack Taylor appeared before the Council and presented his position on two statewide ballot issues that will be before voters in November. Referendum A, which would authorize $2 billion of debt for associated water projects, has serious flaws, he said. He went on to describe those issues in detail, including the lack of mitigation protections and the lack of details outlining where the money would be spent. Taylor urged the Town Council to take a stand in opposition to the referendum. A second ballot measure, Amendment 23, also known as the Colorado Tourism Initiative, was described by Taylor, who endorses the measure. Under Amendment 23, voters will be asked to allow the state's Lottery Commission to implement video lottery terminals at existing racetracks and existing limited gambling establishments. Aportion of the proceeds would be used by the state for conservation, open space, state parks, tourism, and program costs, according to Taylor. Tourism promotion would receive an estimated $25 million boost in 2005, he said, which would give the economy a shot in the arm. In closing, Taylor asked Council to consider taking a stand in support of Amendment 23. The third item on the agenda was a Resolution Opposing Referendum A. Greg Moffet moved to approve the resolution stating the Town Council's opposition to Referendum A, the water measure that will come before Colorado voters in • November. Rod Slifer seconded the motion. The Council voted 7-0 to approve • the resolution, which was amended at the suggestion of Councilman Chuck Ogilby to add language offering an "expansion of Front Range groundwater opportunities" to a list of other solutions already available to the state that will produce results more quickly and at less financial risk than incurring approximately $2 billion of debt as contemplated by Referendum A. A second change suggested by Ogilby replaced the word "encouraging" with "exploring" as it relates to new reservoirs alternatives as additional existing options. The fourth item on the agenda was 2003-04 Parking Program Recommendations by the Vail Parking Task Force. After reviewing recommendations from the Vail Parking Task Force, Greg Moffet moved to approve parking rates as presented with modifications. Bill Jewitt seconded the motion. The Council voted 4-3 (Kurz, Cleveland, Donovan against) to approve the motion. The modifications include the return of 90 minutes of free parking, an expansion from the 60 minute recommendation. Also, the cost of a Blue parking pass was reduced by the Council to $825, down from the Task Force recommendation of $875. Other components of the parking program accepted by the Council and as recommended by the Task Force include: free entry after 3; an increase in hourly parking structure rates with a $16 cap for a day of parking, up from $13 last season; continued use of short-term metered parking spaces in designated areas within the Vail Village and Lionshead structures; expansion of paid outlying parking options to include 200 new spaces at the Ford Park ballfield lot • (pending development review approvals), and 200 new spaces at the Vail Resorts-owned west day lot next to the Marriott; an increase in the parking pass rate for the Gold card, which will sell for $2,000, up from $1,750 last season; no change in debit card prices; continued use of the $50 Pink pass for permit-only employee parking at the Ford Park lot, plus the West day lot Monday through Thursday; retention of the $450 Green parking pass for employees, minus a $200 merchant pass voucher, formerly provided by Vail Resorts; and a recommendation to increase parking fines from $26 to $50 for violators of the short-term metered parking. During discussion, Councilman Bill Jewitt advocated a return to the 90-minute free parking policy, noting fairness issues associated with the Task Force recommendation to offer 90-minute free parking vouchers for patrons of the library and Dobson Arena, while leaving the business community with only 60-minutes of free parking for its customers. Jewitt also questioned whether the town will have enough short-term parking spaces to meet the demand. In response to a question raised by Councilman Greg Moffet about the price of parking for a day of skiing and its impact on the perception of value, Vail Resorts representative Bill Jensen, who also serves as a member of the Parking Task Force, noted that guests will have at least three pricing options from which to choose, including free outlying parking. Jensen went on to say that in his four years at Vail, he has yet to receive a complaint about the cost of parking. Councilman Chuck Ogilby inquired about restricting some of the spaces at the Spraddle Creek trailhead for users of the r~ U • 10th Mountain Division but system, while Rod Slifer expressed concerns about the suggested increase in the parking fine as recommended by the business community, describing it as "stout." Other suggestions offered by the Council included more enforcement of vehicles that take up two spaces by parking over the lines, the possibility of using Vail Hosts to help park cars inside the structure, eliminating past practices of holding an inventory of available parking spaces for free entry after 3, asking the Vail Chamber and Business Association to develop a marketing plan to promote free entry after 3, and re- evaluating the program following the Christmas holiday. During the public comment period, Nichole Hoffman-Ewing, a member of the Task Force, asked for consideration of a reduction in the price of the Blue parking pass and the return of the hour-and-a-half free parking. Those suggestions were repeated by Kaye Ferry of the Vail Chamber and Business Association, who also suggested raising the price of the $20 late entry fee and expanding use of the Ford Park athletic fields for parking mid-week. Jonathan Staufer expressed his objection to using the Ford Park softball fields for parking. Instead, Staufer challenged the town to explore other avenues, such as more effective use of mass transit, carpooling and lower pricing rates for the parking structure during mid-week. Prior to the.vote, Councilman Dick Cleveland noted his interest in creating a merchant validation program for two hours of free parking, while Councilmember Diana Donovan said she was frustrated with the Ford Park Softball field scenario, noting a better • solution would be to explore opportunities to make parking on the Frontage Road safer. Donovan also noted the 60 minute free parking policy was intended to satisfy the need for brief errands, not shopping or dining. Mayor Ludwig Kurz also weighed in, saying the Task Force worked hard to develop a recommendation knowing that not everyone would be happy. Kurz said the modifications by fellow Councilmembers was an attempt to make everyone happy and stood to compromise the town's fiscal responsibility. In voting to approve the parking program, Councilmembers turned down a suggestion by Chuck Ogilby to keep the Ford Park athletic fields open for parking during midweek, noting the use of Ford Park could dilute revenues in the parking structures, further eroding the town's revenue stream. In addition to Fridays, Saturdays and Sundays, the ballfields will be activated for parking as needed during overflow situations. The addition of the 400 new outlying parking spaces at Ford Park (pending approvals) and the west day lot is projected to reduce use of parking on the Frontage Road from 35 days last season to 15 days in 03-04, according to Public Works Director Greg Hall. The fifth item on the agenda was a Pro Cycling Tour 2004 Funding Request and Update. At the request of the Vail Valley Chamber and Tourism Bureau (WCTB), Greg Moffet moved to direct the staff to include $75,000 in the town's 2004 budget and to direct the Vail Local Marketing District Advisory Council to include $50,000 in its recommended 2004 marketing budget to bring the Pro Cycling Tour (PCT) to Vail as an annual icon • • event during Labor Day weekend beginning in 2004. Bill Jewitt seconded the motion, which was approved by the Council 7-0. The town and the Vail Local Marketing District had jointly awarded $100,000 in funding for 2003. An additional $275,000 must be raised within the community to cover site fee and marketing activation costs, representing 25 percent of the event budget, according to Frank Johnson, president of the WCTB, which is helping to coordinate the event. The PCT Rocky Mountain Classic will feature sanctioned cycling events over a three day period, attracting an estimated 20,000 spectators, according to organizers, adding more than $3 million to the local economy. The Pro Cycling Tour also sponsors events in Philadelphia, New York and San Francisco. Vail's kick-off will be announced at the San Francisco event next week. During an update on the local planning process, Johnson encouraged the local business community to become involved in the discussions. He also responded to a question about the status of Rick Chastain, the former special events manager for the WCTB, who has now formed his own special events business. Johnson said Chastain is under contract with the WCTB to help coordinate the Pro Cycling Tour. Councilmembers asked that the town's contribution be applied directly to the event's expenses and that a full accounting is provided. The goal of the event is to become 100 percent self-supporting by 2006. Johnson said he had originally intended to approach the Vail Commission on Special Events (CSE) to consider the $75,000 funding request. However, Councilman Bill Jewitt, who chairs the CSE, noted an • earlier policy decision that requires icon event expenditures to be funded by the Town Council, given the CSE's budget limitations. Johnson said he would return to the Town Council in six weeks to provide another update. The sixth item on the agenda were Contribution Requests Funding Decisions for 2004. Bill Jewitt moved to approve the item. Greg Moffet seconded the motion. The Council voted 6-1 (Donovan against) to approve $1,535,346 in contribution requests reviewed during the afternoon work session. Prior to the vote, Councilman Greg Moffet provided an overview of the requests, which included $200,000 to the Vail Chamber and Business Association; $164,500 to the Vail Valley Chamber and Tourism Bureau; $565,000 to the Commission on Special Events; $160,000 for Vail's bid for the 2009 World Alpine Ski Championships; $95,000 for the New York Philharmonic performances sponsored by the Bravo! Colorado Music Festival; and $50,000 in operating support for the Vail Alpine Garden Foundation, plus another $25,000 for Alpine Garden debt repayment, among other awards. It was also noted that an approved request for ice time for the Vail Skating Club had been increased from 8 days to 9 days and costs for the Vail Valley Exchange program, budgeted at $5,000, will be distributed to the Council for additional review. In addition, requests for free use of the Donovan Pavilion have been placed on hold pending clarification of Council policies. The grant awards will be included in the 2004 budget, which will be considered on first • reading by the Council on Sept. 16. The seventh item on the agenda was an Appeal of Design Review Board Decision Denying Staff Approval for Awning Replacement at Vail Das Schone Building. Dick Cleveland moved to overturn the Design Review Board (DRB) decision that denied staff approval of a request to replace the existing awning on the Vail Das Schone Building at 2111 North Frontage Road with an identical awning. Chuck Ogilby seconded the motion. The Council voted 6-0-1 (Moffet recused himself) to approve the motion. The DRB had asked for a solid color or a different stripped pattern to replace the existing red, white and green stripped design. In overturning the DRB decision, Councilmembers found that the standards and conditions of the zoning regulations and development standards had been enforced correctly by the staff approval. The eighth item on the agenda was an Appeal of Design Review Board Decision Denying Roof Replacement at Eiger Chalets. Diana Donovan moved to modify Design Review Board (DRB) denial of a request to replace a black rubber membrane roof with a new white painted rubber membrane roof at the Eiger Chalets, Unit 7, 1350 Sandstone Drive. Greg seconded the motion. The Council voted 6-1 (Ogilby against) in favor of the motion, which allows the roof to be painted grey and to require the applicant and the condominium association to, within 90 days, establish a standard for reroofing of units in the future. While the DRB had required the applicant to resurface the roof back to its original black • color and install a washed gravel-ballast to match the gravel on the roof of another unit, Councilmembers found the conditions to be unreasonable, given the inconsistency of the other roof tops. The issue surfaced following complaints from adjacent property owners who alleged the reflectivity of the new white roof was a nuisance and not in accordance with the town's design guidelines. During the public comment period, Jonathan Staufer presented a letter to the Town Council expressing frustration about a Design Review Board decision involving an application for a color change at the Vail Village Inn. The ninth item on the agenda was the First Reading, Sign Code Ordinance. Greg Moffet made a motion at staff's request, to table first reading of the ordinance, pending additional revisions. Rod Slifer seconded the motion. The Council voted 7-0 to table. In tabling the ordinance to a later date, Councilmembers discussed the need to address several issues. Among them is a decision on how best to regulate the size of signs. While the draft ordinance recommends a uniform size for signs in the commercial zone districts, Councilmember Diana Donovan, who expressed concerns about "one size fits all,",,has suggested retaining aformula-based measurement that incorporates a shop's linear frontage. Councilman Bill Jewitt expressed a preference for a standard size approach, saying it would be easier to implement. He also emphasized the need for flexibility in the sign code to enable businesses to use, when appropriate, banners, flags, lights-even pink flamingos-to enliven the town. During the public comment period, Stephen Connelly of Vail Sports, asked that • signs posting business operations be allowed at every major entrance to a • business. Connelly also offered support for a companion ordinance regulating the outdoor display of goods from April 1 to December 1, annually. The tenth item on the agenda was a First Reading, Outdoor Display Ordinance. Greg Moffet moved to table first reading of the ordinance regulating the outdoor display of merchandise to September 16th, 2003. Dick Cleveland seconded the motion. The Council voted 6-1 (Jewitt against) to table to Sept. 16. The ordinance was tabled to clarify language within the ordinance which is intended to limit outdoor displays in the commercial areas of Vail to an eight month period from April 1 to December 1, annually. In voting against the motion to table the ordinance, Councilman Bill Jewitt said he preferred to approve the measure on first reading with modifications occurring at second reading. The eleventh item on the agenda was a First Reading, Rezoning Ordinance for Vail's Front Door Project. Greg Moffet moved to approve first reading of the ordinance to rezone Lots 1 and 2 in the Mill Creek Subdivision from Natural Area Preservation District to Ski Base Recreation-2 District and to rezone lots P3 and J, Block 5A, Vail Village 5th Filing, from Public Accommodation District to Parking District. Bill Jewitt seconded the motion. The Council voted 6-0-1 (Slifer recused himself) to approve. Chief Planner George Ruther stated the rezoning is one of 14 approvals necessary to complete the development review process for Vail's Front Door project submitted by Vail Resorts. Included in the application is a • request to construct a Vail Park and a new 134-space private underground parking structure on Vail Resorts property north of the Christiania Lodge. Also, requests for improvements to the Vista Bahn ski yard, a new underground skier services area, construction of a new ski club, fractional fee units and a spa also are pending review by the town. During discussion, Councilmember Diana Donovan inquired about the status of a request by the Town Council to acquire the Vail Resorts-owned property which houses Pirateship Park. Jay Peterson, an attorney representing Vail Resorts, suggested that a deed transfer be part of the developer agreement process. Jim Lamont of the Vail Village Homeowners Association urged the Council to approve first reading of the rezoning action to move the review to the next step. He noted that progress is being made in addressing neighborhood concerns. The twelfth item on the agenda was an I-70 Programmatic Environmental Impact Study (PEIS) Preferred Alternatives Discussion. Public Works Director Greg Hall presented an overview of the I-70 PEIS which, upon approval, will be a legally binding document that will guide the Federal Highway Administration and the Colorado Department of Transportation in addressing issues along a 160-mile long stretch of I-70, from C-470 to Glenwood Springs through the year 2025. With the study nearing completion, Hall asked for Council's reaction to a list of proposed alternatives, which will be forwarded by Eagle County Commissioner Michael Gallagher at a meeting on September 23. Possible alternatives, he said, include straightening the roadway at Dowd Junction, boring a tunnel through Dowd, creation of climbing lanes on Vail Pass as well as other stretches of the • roadway. Councilmember Diana Donovan expressed concerns about six lanes on Vail Pass, saying it would destroy the very reason people come here. Councilman Bill Jewitt asked if the study addressed air rights over I-70, while Councilman Greg Moffet urged his colleagues to take steps to become a "bigger squeaky wheel" when it comes to I-70 noise mitigation. Moffet suggested the town take aggressive steps, such as a lawsuit or asking to restrict truck traffic on Saturdays and Sundays, to get the attention of the state and federal transportation agencies. • • The thirteenth item on the agenda was the Town Manager's Report, re: Easement across the Northtrail Townhome property and New Years Eve Celebration for Youth. Greg Moffet moved and Bill Jewitt seconded to approve the easement. The council voted 7-0 in favor. As there was no further business, Greg Moffet motioned to adjourn. Bill Jewitt seconded the motion. A vote as taken and the motion passed unanimously, 7-0. Respectfully submitted, ., i.' j ~ ~ ~~ ~ Ludwig Kurz, C~llayor ~Q ATTEST: elei~onaldson, Town Clerk VAIL TOWN COUNCIL • Evening Meeting Tuesday, September 16, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday September 16, 2003 by Mayor Ludwig Kurz. MEMBERS PRESENT: Mayor Ludwig Kurz Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Pamela Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. • The second item on the agenda was approval of the August 5th and August 19th 2003 evening minutes. Greg Moffet moved to approve the minutes. Rod Slifer seconded the motion. The Council voted 7-0 to approve the meeting minutes as presented. The third item on the agenda was a Design Review Board Appointment. Greg Moffet moved to appoint Scott Proper to the Design Review Board. Rod Slifer seconded the motion. The Council voted 7-0 in favor. The appointment will fill a vacated term to run from Oct. 1 through March 31, 2004. Mayor Ludwig Kurz thanked Proper and a second applicant for their interest in serving the town. The fourth item on the agenda was an Update on U.S. Forest Service Fuel Mitigation Efforts. Greg Moffet moved to enter into an agreement with the U.S. Forest Service, allowing the Forest Service to proceed with wildfire mitigation efforts in the Booth Creek prescribed burn area, known as unit six. Rod Slifer seconded the motion. The Council voted 7-0 to approve. During discussion, Phil Bowden, Forest Service Fire Management Officer and member of the Bureau of Land Management Interagency Fire Management Team, explained the Forest Service has set aside $20,000 to be used until September 2004 for hiring personnel to cut and pile logs for burning in the Booth Creek prescribed burn area. During the past year, the Forest Service, with help from Vail Fire Department student firefighters, has proceeded with a cut and pile defensible space project on 30 acres of town-owned land and 15 acres of Forest Service land, located behind the Falls Condominium Complex in East Vail. Bowden explained the • piles are ready to be burned when conditions become optimal either during the fall or early next spring. Because mitigation will be taking place on town-owned land, Bowden • requested a signed participation agreement between the town and the Forest Service. In addition, Bowden requested Council approval for a broadcast burn on approximately 30 acres in the unit six area, 15 of which are on town-owned land. Bowden said the low-intensity broadcast burn would take approximately 45 minutes and improve the soil, wildlife habitat and will promote new vegetation growth in the area while reducing wildfire fuels. During the discussion, Chuck Ogilby asked for clarification on how the Booth Creek area mitigation efforts began. According to Bowden, mitigation efforts started as a wildlife project in 1998 to improve vegetation for area bighorn sheep. The focus then shifted to forest health issues and the need to reduce fire fuel in the area. Then, in 1999, an agreement was made between the Forest Service and the town, in which, Council approval was needed for any burning on private or town-owned land for wildfire mitigation. Diana Donovan expressed support for the cut, pile and burn projects, as well as the broadcast burn when conditions are favorable. Additionally, Vail Fire Chief John Gulick informed Council that property owners in the Vail Valley have been working with the Forest Service and town staff to improve defensible space around their properties. Donovan suggested the town create a policy for property owners, especially those who live in duplexes or condominiums, so that all parties are informed when trees are being removed to create defensible space. Jim Lamont, representing the Vail Village Homeowners Association, agreed with Donovan and expressed a need for the community at-large to be notified when mitigation efforts such as cutting or burning of wood piles, are taking place on private property. Additionally, Dick Cleveland directed Bowden and staff to research whether the $20,000 could be • used to repay the town for use of Vail's student firefighters who worked for minimum wage on the mitigation efforts. In addition, Bowden said the Forest Service will continue to move forward with wildfire mitigation efforts on Forest Service lands surrounding Vail to include cut, pile and burn projects and broadcast burns. The fifth item on the agenda was Approval of Off-Season Hours and Signage for Vaif Visitor Centers. Greg Moffet moved and Bill Jewitt seconded to approve a reduction in hours during the off-season at the Vail Visitor Centers, as well as a $200 funding expense for the production of associated information signs. The Council voted 6-1 in favor (Donovan against) of the motion. The reduced hours will be effective September 22 to November 26 and will run from 9 a.m. to 2 p.m. daily in the Vail Village Visitor Center and 12 noon to 5 p.m. daily in the Lionshead Visitor Center. In voting against the motion, Councilmember Diana Donovan said the town should not be responsible for the $200 sign cost. Also during the discussion, Greg Moffet moved to fund lighted, permanent exterior signs for the Visitor Centers. Chuck Ogilby seconded the motion. The Council voted 6-1 to approve with Jewitt against. Kelli McDonald with the Vail Valley Chamber and Tourism Bureau informed Council that a bid for $8,000 had been received to install the signs. Councilmembers encouraged McDonald to solicit further bids, including use of town staff, prior to purchasing and installing the signs. Council requested bids be no higher than $8,000. The sixth item on the agenda was I-70 Noise Mitigation. Greg Moffet moved and • Chuck Ogilby seconded to direct the town staff to draft an ordinance to prohibit the use of truck engine brakes on I-70 from mile marker 181.5 in East Vail to 172 in Dowd . Junction with penalties of $1,000 or more and to authorize associated expenditures for enforcement and equipment. The Council voted 6-1 (Donovan against) to approve the motion. A second motion was made by Chuck Ogilby and seconded by Greg Moffet to direct staff to explore construction of a pilot noise wall project to be built as soon as possible with a budget allocation of $500,000 to be used to leverage federal and state monies. The motion was approved unanimously by a vote of 7-0. In addition, the Council directed town staff to pursue reducing the speed limit for trucks on I-70 through Vail. The direction from Council followed an overview of Vail's I-70 noise issues presented by Public Works Director Greg Hall. During the discussion, Hall said the decibel level must be above 67 for the Federal Highway Administration (FHWA) to pay for noise mitigation along the interstate. In Vail's case, however, the FHWA only pays for mitigation when new highway improvements are constructed, according to Hall. Because Vail was mostly built-out before the FHWA noise standards were approved, the FHWA is not responsible for mitigating interstate noise issues within the majority of Vail, he said. In addition, the town is not allowed to construct noise berms or barriers on FHWA right-of-way without approval. According to Hall, interstate noise studies report 25 percent of Vail's parcels are located where noise levels exceed 67 decibels. The remaining areas are at 66 decibels or less. Examples of areas with noise levels above 67 decibels include elevated neighborhoods such as Red Sandstone and the Timber Ridge area, plus areas west of East Vail where a noise berm is currently being • built. Hall also presented the possible actions for I-70 noise mitigation in Vail, which include: 1) mitigate a 10-mile stretch on I-70 with noise berms or walls at a cost of $750,000 per 1,000 ft. of wall; 2) draft an ordinance restricting the use of engine brakes, making it illegal for trucks to apply engine brakes from East Vail to West Vail and include enforcement signage on the interstate; and 3) authorize $46,000 to hire an additional police officer or contract with the Colorado State Patrol to enforce the noise control. Vail Police Commander Steve Wright stated the department prefers adding an additional officer, which would allow the town more control over the officer's enforcement, plus the town would keep revenues from noise enforcement fines. Councilmember Diana Donovan requested town staff provide Council with maps containing information where noise berms or barriers could be built. In making the motion to enact the engine brake restriction, Councilman Greg Moffet noted the need for Vail to look at "self help" solutions to get the attention of state and federal transportation agencies as well as the Colorado Motor Carriers Association. In voting against the first motion, Diana Donovan said she'd prefer to work to lower the speed limit on I-70 through Vail, saying an engine brake ordinance would be ineffective in reducing noise due to enforcement difficulties and its harsh approach. Councilmember Rod Slifer agreed the town should continue to pursue lowering the speed limit in addition to the other initiatives. In making the motion for a noise wall demonstration project, Councilman Chuck Ogilby said he hoped the town would be able to replicate glass noise walls that are in use in Switzerland. Ogilby stressed the urgency in getting the project underway, noting that two of his friends have left the valley due to the • disturbances caused by the highway noise. Public Works Director Greg Hall said approval of a noise wall project could be delayed by the state until the i-70 Programmatic Environmental Impact Study (PEIS) is complete and preferred alternatives have been adopted. Mayor Ludwig Kurz described the philosophical challenges in balancing noise issues with aesthetic issues. In Europe, he said, communities have learned to tolerate the loss of views in exchange for noise reduction, saying it has become the lesser of two evils. During public discussion, Jim Lamont of the Vail Viiiage Homeowners Association urged the Council to keep the dialogue alive, saying the issue of I-70 noise has been a consistent complaint from his organization's constituents. Lastly, Greg Moffet explained the town was also exploring possible legal action against the state and federal highway agencies for noise violations. Town Attorney Matt Mire acknowledged similar efforts underway in Golden. The seventh item on the agenda was a Vaii ice Dome Funding Request. Greg Moffet moved to include the costs for set-up and tear-down of the Vail Ice Dome, estimated at $190,000, to be allocated from the town's 2003 and 2004 budgets. Chuck Ogilby seconded the motion. The Council voted 6-1 (Cleveland against) in favor. The authorization will enable the bubble to be put into use for its fourth winter season at the Vail Golf Course driving range. In voting to approve the funding, Councilmembers did so reluctantly, expressing frustration with the lack of cost-share participation by the Vail Recreation District (VRD), Eagle County, Vail Junior Hockey and other skating groups. During the discussion, Peter Cook, a VRD board member, reminded Councilmembers of a meeting in April in which the VRD informed the town that it would not have funds to assist with set-up and tear-down, although VRD indicated it would absorb as much as . a $30,000 loss in its operation. Cook went on to say the bubble had excess ice time last season with its use continuing to decline as the new ice rink in Eagle comes on line. In lieu of funding the bubble's annual construction costs, Cook proposed reducing the amount of concerts at Dobson Ice Arena during the hockey season to add more ice time for the facility. He also suggested the town donate some of its free ice days at Dobson to add additional flexibility. Cook said it was important for the Town Council to make a decision as soon as possible, given pressing deadlines. He also said that more than half of the Vail Junior Hockey participants live outside the Town of Vail. In response, Councilman Greg Moffet said Cook's proposal to expand use of Dobson would be ineffective in addressing community skating needs, noting there is a limited number of hours in the day when children should be skating. For example, 5:30 a.m. on a school day is unacceptable, he said. Councilmember Diana Donovan noted that guests, through the payment of sales taxes, make it possible for residents to have amenities, such as Dobson Arena. She said a desire to host hockey tournaments and other recreational activities that draw visitors to Vail should be embraced by the VRD. Cook responded that VRD shares in that philosophy. Donovan went on to say that she hoped the pending arrival of a new VRD director would help improve the district's ice programs, which she said have been poorly managed. Councilman Bill Jewitt, noting that the issue had become polarized, said it comes down to whether or not the Council is willing to fund the bubble. Councilman Rod Slifer inquired if use of the bubble would enable additional public skating opportunities to be programmed at Dobson Arena. He also suggested a discussion about who would operate the bubble. During the public comment period, the Council heard from Dawn Ristow, the skating director at Dobson, • VAIL TOWN COUNCIL Evening Meeting Tuesday, October 7, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday October 7, 2003 by Mayor Ludwig Kurz. In calling the meeting to order, Mayor Ludwig Kurz offered condolences to Mary Caster and her family upon the recent death of Sonny Caster. Mary Caster is a longtime employee of the town. Mayor Kurz also officially welcomed Stan Zemler as the new town manager and congratulated Pam Brandmeyer and the entire town staff for their hard work during the search process. In return, Brandmeyer extended her appreciation to the department directors and other members of the staff while serving as interim town manager during the transition. MEMBERS PRESENT: Mayor Ludwig Kurz Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby • STAFF PRESENT: Stan Zemler, Town Manager Pamela Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was Appointment of November 4, 2003 Election Judges. Greg Moffet moved and Diana Donovan seconded to appoint four election judges who will serve during the Regular Municipal Election on November 4. The Council passed the motion 7-0. The judges are Mary Jo Allen, Vi Brown, Holiday (Holly) Cole and Summer Holm. Mayor Ludwig Kurz thanked the judges in advance for their service to the community. The third item on the agenda was Conference Center Oversight Committee Update. Mayor Pro-Tem Rod Slifer, who serves as chairman of the Conference Center Oversight Committee, provided a progress report on work currently underway to develop a conference center following voter approval last November. Slifer reported that focus groups have been held with meeting planners in Denver and Chicago as part of an information gathering process by the consulting firm HVS. The town has . hired HVS to complete three objectives, Slifer explained. First, to determine the • feasibility of a conference center; second, to determine the size and programming of a facility; and third, to develop a business plan. The town's contract with HVS calls for completion of the analysis in early December with an update presented to the Oversight Committee and the Town Council later in the month. In concluding the update, Slifer acknowledged Councilman Bill Jewitt and other members of the committee: Stan Cope and Dave Pease, from the lodging community; Frank Johnson and Merv Lapin from the business community; Scott Proper and Rick Scalpello from the community at large; and Bill Jensen from Vail Resorts. The fourth item on the agenda was the Animal Control Services Intergovernmental Agreement. Greg Moffet moved to approve a resolution authorizing the town manager to sign an intergovernmental agreement with Eagle County for 2004 animal control services. Bill Jewitt seconded the motion. The Council voted to approve 7-0. The agreement includes a monthly payment of $3,250 by the town for estimated patrols and sheltering requirements. The fifth item on the agenda was the Sonnenalp Resort Encroachment Easement. A motion was made by Greg Moffet to authorize the town manager to enter into an encroachment agreement with the Sonnenalp Resort to address a three foot surveying error contained in the original plat. Chuck Ogilby seconded and the Council voted 7-0 in favor. The encroachments include two portions of the Sonnenalp Resort building at 20 Vail Road, a small retaining wall and a small portion of a hot tub for a total area of • 57 sq. ft. During discussion, Councilmember Diana Donovan asked if the town should consider receiving a payment from the Sonnenalp, noting the town's deck lease arrangements. Councilmembers Chuck Ogilby and Rod Slifer said the situation was different than a deck lease, noting the surveying error was an innocent mistake. Both recommended the town accept the encroachment as presented, which was approved unanimously. Also during the discussion, Councilman Dick Cleveland received clarification that the encroachment would revert back to the town once the improvements are removed. The sixth item on the agenda was Lionshead Landscaping Development Review Process Request. Dick Cleveland moved and Bill Jewitt seconded to approve a request by Robert Lazier, owner of the Lazier Arcade building and owner of commercial spaces in the Lifthouse Lodge, to proceed through the development review process with a proposal to construct several landscaping projects in the town's right-of-way. The Council voted 7-0 to approve the motion. Staff noted that Lazier has proposed the addition of landscape planter beds, removal of several trees and a reduction in the size of a planter behind the skier sculpture at the entrance to Lionshead. With Town Council authorization in place, the applicant must now proceed with an application to the Design Review Board (DRB). Councilmember Diana Donovan urged the DRB to review the application carefully. The seventh item on the agenda was Village Center Condominium Sidewalk Request. Greg Moffet moved to approve a request by the Village Center Condominium • Homeowners' Association to proceed through the development review process with a • proposal to heat a portion of sidewalk that encroaches onto town stream tract property. Dick Cleveland seconded the motion and the Council voted in favor, 7-0. During discussion, Councilmembers received clarification that the stream tract and sidewalk will continue to remain accessible to the public. Also, it was noted that staff is unaware of any new issues by the homeowner's association regarding the adjacent whitewater park. Councilman Rod Slifer complimented the Village Center for making substantial improvements to the property over the past two years. He said the remodel is a good example of what needs to happen with older condominium properties elsewhere in the community. The eighth item on the agenda was a Request to Improve a Portion of Town of Vail land adjacent to 2039 Sunburst Drive. Chuck Ogilby moved to deny a request to proceed through the Town of Vai( development review process with a proposal for proposed improvements on town-owned land adjacent to a home at 2039 Sunburst Drive. Diana Donovan seconded the motion. The Council voted 6-1, Rod Slifer opposed the denial. The homeowner, represented by NEDBO Construction, had proposed building a set of stone steps across a strip of town land between the golf course and recreation path, noting that a neighbor had made similar improvements on town land. During discussion, Diana Donovan urged fellow councilmembers to deny the request, noting that the steps would create the perception the land is private rather than public, and that it would trigger similar requests from other properties in the neighborhood. While NEDBO Construction representative Rollie Kjesbo noted an • existing precedent with installation of steps by a neighboring property owner, several councilmembers suggested checking files from the Community Development Department to verify authorization. The ninth item on the agenda was a First Reading, Sign Code. A motion was made by Dick Cleveland to table first reading of an ordinance to update and modify the town's sign code. Rod Slifer seconded and the Council voted 7-0 to table the ordinance to the October 21St, 2003, meeting to allow time for various formatting updates suggested by the Council. The tenth item on the agenda was a Second Reading, Type II Employee Housing Unit Revisions. Greg Moffet moved to table second reading of an ordinance to allow a Type II employee housing unit as a permitted use and to eliminate a Type II employee housing unit as a conditional use in the town's residential zone districts. Diana Donovan seconded the motion. Councilmember Diana Donovan suggested tabling the ordinance to January 20, 2004, to allow time for completion of Council deliberations on a Planning and Environmental Commission recommendation to modify the Gross Residential Floor Area (GRFA) calculation and to evaluate housing occupancy enforcement efforts. In the interim, staff was directed to provide a schedule on a housing enforcement plan. The Council voted 7-0 to table second reading to January 20, 2004. The ordinance was originally drafted to improve efficiency of the development review process, causing several Councilmembers to question the rationale and the overall effectiveness of the Type II units in contributing to employee • housing. • The eleventh item on the agenda was a Second Reading, Four Seasons Resort. Following a motion by Councilman Greg Moffet in which findings of fact were read into the record, Bill Jewitt seconded and the Council voted 7-0 to approve second reading of an ordinance to allow for the redevelopment of the Chateau at Vail and the Vail Amoco site. While first reading approval for the'Four Seasons Resort had been granted by the Council on May 6, it was noted that final approval had been delayed to resolve several conditions required during first reading, including a request by 9 Vail Road for additional parking spaces to satisfy an arrangement that occurred when the two properties were built. The applicant, Nicollet Island Development, Inc., proposes to tear down the existing Chateau property and construct a Four Seasons Resort to include 118 accommodation units, 22 condominiums, 34 employee housing units, retail and restaurant uses, conference and meeting rooms and a spa and health club. During the staff presentation, Chief Planner George Ruther highlighted several changes in the ordinance from first reading to second reading and noted the effective date of the ordinance would be February 1, 2004, to allow for the purchase of the property by Nicollet Island Development. It was also noted that if the purchase is revoked, development rights would be transferred to the current property owner. The development approval is good for a three year period beginning October 7th, 2003. During the public comment period, Richard Kent, president of the Scorpio Condominium Association, expressed concerns about the project's bulk and mass on the west end of the building, saying it dwarfs other properties. Jim Lamont of the Vail • Village Homeowners Association complimented the developer and adjacent property owners for their cooperation in working to address numerous issues. Lamont suggested the need for the parties to continue those discussions to help refine the architecture. His suggestion prompted a brief presentation by the architectural team in which building height and mass comparisons were shown based on the current design versus a previous development approval. While voting to approve the development and calling it a good project, Councilmember Diana Donovan reiterated her opposition to the Public Accommodation zone district. She said the town needs to be sensitive in protecting views from existing properties as it considers future redevelopment. The twelfth item on the agenda was a Second Reading, Vail Amoco Rezoning. Greg Moffet moved to approve second reading of an ordinance to rezone the Vail Amoco site from the Heavy Service zone district to the Public Accommodations zone district. Bill Jewitt seconded and the Council voted in favor, 7-0. The ordinance accompanies other approvals necessary for construction of the Four Seasons Resort which will replace the Vail Amoco station and the Chateau at Vail near the Main Vail roundabout. During discussion, Councilmembers received clarification on the effective date of the ordinance, which is February 1, 2004. Also, it was noted the zoning will revert back to the Heavy Service zone district if the development is not implemented. Town Manager Stan Zemler complimented the town staff, the applicant and the adjacent neighbors for resolving the issues that had caused the action to be tabled previously. Diana Donovan also acknowledged the staff's work and the overall review process. Councilman Dick Cleveland said the approval represents a major step • forward in Vail's revitalization. • The thirteenth item on the agenda was a Second Reading, Outdoor Display of Goods. An ordinance that would have regulated the outdoor display of goods in the commercial areas of Vail Village and Lionshead failed to win approval on second reading due to lack of a second following a motion to approve offered by Bill Jewitt. The ordinance, which was drafted to define and limit the outdoor display of goods to an eight month period from April 1 to December 1, had been approved on first reading by a 4-3 vote on Sept. 16. This time, at the suggestion of Councilmember Diana Donovan, who suggested the issue is more about "tacky" outdoor displays than anything else, the Council directed staff to draft specific guidelines to help control the quality of outdoor displays. Councilman Dick Cleveland also expressed opposition to the ordinance, noting the need for businesses to have flexibility in adapting to a constantly changing retail climate. At the September 16th meeting, Bob Walsh of Vail Resortwear and Charlie's T-shirts had urged the Council to vote against the ordinance, noting that 15 percent of his business is derived by people who are drawn into the stores by the outdoor displays. It was noted that Walsh had repeated his concerns in a recent voice mail message to the Council. Tom Higgins of American Ski Exchange was present at the meeting and volunteered to serve on a committee, if needed, to help draft guidelines which would allow for displays year-round. Michael Cacioppo applauded the Council for what he called a "great decision." The fourteenth item on the agenda was a Second Reading, Vail Memorial Park • Rezoning. Following a motion by Chuck Ogilby and seconded by Diana Donovan the Council voted 7-0 to approve second reading of an ordinance to rezone a portion of town-owned open space to allow for construction of a memorial park. The land, an 11- acre portion of the Katsos Ranch property near the Golf Course in East Vail, is being rezoned from Natural Area Preservation District to Outdoor Recreation. Councilmember Diana Donovan, who helped facilitate the memorial park, said the group is "now taking reservations" and that anyone interested in learning more about the effort should contact her for details. Rod Slifer complimented the project, noting the lack of opposition. In the past, he said, the cemetery issue had been the subject of much discussion and debate The fifteenth item on the agenda was a Second Reading, Supplemental Appropriation. Greg Moffet moved and Rod Slifer seconded to approve second reading of an ordinance authorizing the expenditure of an additional $2.6 million for 2003. The Council voted 7-0 in favor. The expenditures will be offset by additional revenues of over $2.7 million. During the discussion, Finance Director Judy Camp explained several modifications to the ordinance that had occurred after first reading, including the addition of costs for setting up the Vail Ice Dome, signage for the visitor centers, settlement costs associated with a lawsuit filed by the Roost Lodge and purchase of seven replacement vehicles for the Police Department. Councilmembers asked for clarification regarding a $90,000 expenditure shown for a countywide computer-aided dispatch and records management system. It was explained that $90,000 is the portion of the project to be funded in 2003 from the Dispatch Services • Fund capital reserve, which includes contributions from all user agencies based on a • call-load cost share formula. Upon learning the Town of Vail's call-load has been calculated at approximately 40 percent, Councilmember Diana Donovan questioned the accuracy of the calculation, saying it doesn't make sense. However, Dick Cleveland noted that staffing levels for emergency services personnel are higher than elsewhere in the county, which could account for the 40 percent call-load. • • The sixteenth item on the agenda was a Second Reading, 2004 Budget. Chuck Ogilby moved and Dick Cleveland seconded to approve second reading of the 2004 budget. The Council voted 6-1 to approve, Moffet against. it was noted that a super majority vote (5 or more) is required due to an imbalance in the sales tax allocation to the general fund versus the capital fund. The Town Charter requires a 50-50 split unless approved by a super majority. As approved, the budget includes net revenue of $36.4 million and net expenditures of $37.7 million, which represents a 7.8 percent decrease in revenue from 2003 and a 10.1 percent decrease in expenditures. The split for the town's four percent sales tax is 60 percent of projected revenues to the general fund and 40 percent to the capital projects fund. During the discussion, Councilman Chuck Ogilby asked Finance Director Judy Camp to explain how revenues are derived from a federal grant to purchase new buses for the town. The grant requires a 20 percent match at the local level. Public Works Director Greg Hall then described the process the town uses to apply for the bus grants, which includes a collaborative effort by Colorado transit providers,to forward a joint recommendation to Colorado's Congressional delegation. Eight new buses have been ordered for the outlying routes and will be delivered in February. Councilman Dick Cleveland inquired about alternative fuel sources, to which Greg Hall indicated the town would be purchasing an electric-diesel hybrid within the next two years to evaluate performance prior to replacement of the in-town fleet in 2008. In making the motion to approve the budget, Ogilby said when he arrived on the Town Council four years ago, the general fund was being supplemented by the capital budget at the rate of $1 million a year. Ogilby credited former Town Manager Bob McLaurin and Interim Town Manager Pam Brandmeyer for their efforts in working to cut the general fund budget by another $1 million in 2003. Noting the 2004 budget has reserves, he called the process a great accomplishment. Councilman Greg Moffet said that while he didn't want to detract from the staff's hard work in cutting the operational budget, he reiterated comments made previously in which he said he objected to a line item expense in the capital budget for the Village streetscape project in which the town would fund 100 percent of the cost of snowmelt in selected areas in the public right-of-way. Moffet had said he preferred those costs be shared proportionally, with adjacent property owners picking up two-thirds of the cost. Councilman Bill Jewitt said that while he, too, objected to funding 100 percent of the snowmelt cost, his vote would be in support of the budget to make sure a super majority is met. However, Jewitt said he hoped the town would soon return to the 50-50 budgeting allocation. Councilmember Diana Donovan noted the Town Charter allows for an uneven split in sales tax allocation. The seventeenth item on the agenda was the Town Manager's Report. During a review of the town manager's report, Greg Moffet moved and Bill Jewitt seconded to authorize the town manager to sign an intergovernmental agreement • (IGA) with the Eagle River Water and Sanitation District for a contribution of $100,000 to be used for the Vail Pass sediment control project during the next two years. In voting to approve the IGA, Councilmember Diana Donovan asked that a portion of the funding be returned to the Eagle River Watershed Council. The Council voted 7-0 to approve. Noting the watershed's success in working with multiple agencies and generating results, Councilman Rod Slifer suggested involving its director, Caroline Bradford, in future discussions on the I-70 noise issues. Also during the review, the Council agreed to include up to $17,000 in the next 2003 supplemental budget for a new sound system for the Council Chambers. In addition, the Council agreed to nominate Andy Wiessner of Vail as a candidate for the Eagle County Citizens Open Space Advisory Committee. Wiessner's name will be forwarded to the Eagle County Commissioners for consideration. Following an update by Public Works Director Greg Hall on a proposed intergovernmental agreement with the Vail Recreation District (VRD) regarding use of the Ford Park athletic fields for temporary parking (200 spaces) during the ski season, Chuck Ogilby moved, Bilt Jewitt seconded, and the Council voted 6-1 (Kurz against) to approve a motion by Chuck Ogilby to remove the town's financial support from the project, retaining the town's offer to operate the facility. The vote leaves the Vail Recreation District and Vail Resorts to work out a possible agreement without the town's involvement. Councilmembers took the vote after learning of $150,000 to • $200,000 in additional financial risks associated with restoration of the softball field following the end of ski season. Those risks include the possibility of a full re-sod, full reconstruction of the irrigation system and loss of net revenue. Councilman Greg Moffet said that while nothing the VRD has asked for is unreasonable, the unlimited exposure to the town on the back end is too great. Councilman Dick Cleveland agreed, saying the costs have now become "beyond reasonable." Greg Hall noted that 160 spaces at the West Day Lot will be added to the public parking inventory this season and it could be possible to add 200 spaces from the Chateau Vail site beginning in January. Councilman Cleveland suggested contacting the current owner of the Chateau to inquire about the possibility of using the lot sooner as well as the feasibility of using the Old Town Shops site, while Councilman Rod Slifer suggested inquiring about using the Vail Village Inn site. In voting against the motion, Mayor Ludwig Kurz said that in principle, "we're not getting anywhere." After reviewing an item in the town manager's report on the temporary skatepark, which costs the town approximately $19,000 for set-up and tear-down annually, Councilman Greg Moffet suggested it is time to direct staff to look at a permanent facility. Councilman Dick Cleveland said the project would be well suited for other fundraising mechanisms, such as sponsorships. As there was no further business, Greg Moffet moved and Bill Jewitt seconded to adjourn. A vote was taken and the motion passed unanimously, 7-0. • Respectfully submitted, ;LA ±~/ a, T' ~ " 1 ' ~p~, ~-~ • L~ Ludwig Kul, Mayor .~ • VAIL TOWN COUNCIL Evening Meeting Tuesday, October 21, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday October 21, 2003 by Mayor Ludwig Kurz. MEMBERS PRESENT: Mayor Ludwig Kurz Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Stan Zemler, Town Manager Pamela Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. • There was no citizen participation. The second item on the agenda was September Meeting Minutes. Greg Moffet moved to approve the meeting minutes for September 2, 2003. Diana Donovan seconded the motion. The Council voted 7-0 to approve the motion. Greg Moffet then moved and Diana Donovan seconded to table approval of the September 16, 2003 minutes to November 4, 2003 at the suggestion of Councilman Dick Cleveland to clarify a motion regarding enforcement costs associated with a proposed engine brake restriction ordinance for trucks. The Council voted 7-0 to table. The third item on the agenda was Appointments to Vail Commission on Special Events. Greg Moffet moved to appoint Stephen Connolly to serve on the Vail Commission on Special Events as the at-large/retail representative. Dick Cleveland seconded and the Council voted 7-0 in favor of the appointment.Forthe at-large term, Greg Moffet moved and Dick Cleveland seconded to appoint Ian Anderson. The Council voted 7-0 to approve. Both terms expire in December 2003. Mayor Ludwig Kurz thanked the remaining applicants and encouraged them to apply for other board openings in the future. The fourth item on the agenda was a Floodplain Update Overview. The Council heard an overview on the town's involvement in a floodplain mapping update as required by the Federal Emergency Management Agency (FEMA). Project manager Gregg Barrie said the new floodplain map is an update from the current 1983 version and will be used to determine who is required to carry flood insurance as well as rates for flood insurance. Affected property owners have the ability to work with the town in filing an • appeal, Barrie said. Notification letters have been sent to property owners along Gore I • Creek and other tributaries inviting residents to attend informational workshops or to schedule one-on-one meetings for assistance. The information also has been posted on the town's web site at www.vailcaov.com. In response to a question from Councilman Dick Cleveland, Barrie said the update will not significantly impact Town of Vail property. Barrie acknowledged that some private properties will be impacted, which prompted Councilman Greg Moffet to inquire about the town's role in assisting homeowners with their concerns. Public Works Director Greg Hall noted that in the past, some properties have used mitigation, such as berms, to remove their properties from the floodplain. The fifth item on the agenda was a Conference Center Committee Update. Scott Proper, a member of the Conference Center Oversight Committee, presented an update on research conducted by HVS International, a Chicago consulting firm, which has been hired by the town to conduct a market analysis and develop a business plan for the facility. Proper reported that two focus groups have been held, one for national event planners and another for state event planners. While Vail was rated high by both groups as an appealing venue, the national event planners raised concerns about transportation and access, he said, while the state meeting planners expressed concerns about the cost of a Vail convention. Proper said a third focus group has been scheduled for Oct. 26 with professional meeting planners who will be in the area attending a conference at Beaver Creek. HVS also has been asked to recommend a concept plan for the facility's size. The current thinking, according to Proper, is a 25,000 sq. ft. ballroom/exhibit space and meeting rooms totaling 20,000 sq. ft. Rod Slifer, who chairs the committee, said the group has been meeting regularly. A final report from the consultant is anticipated in mid-November. • The sixth item on the agenda was an Overview of the Lionshead Submittal by Vail Resorts. With Rod Slifer recusing himself, the remaining members of the Town Council heard an overview of the Lionshead redevelopment projects proposed for four properties owned by Vail Resorts. The properties include: 1) the tennis court site on Forest Road, which would be used to build four ski-in, ski-out homes, along with a proposal to remove snowcats from Forest Road and relocating them to a direct route to Vail Mountain across water district property to the west; 2) the West Day Lot next to the Marriott, which would house ahotel/condo development, plus 12single-family/duplex residences; 3) the Core Site (currently housing the Kaltenberg Castle and Sunbird Lodge), which would include a 5-star Rock Resorts Hotel, plus retail and restaurant space, condominium units, a new skier services facility, underground loading and delivery and a public ice rink; and 4) North Day Lot (next to the pedestrian overpass), to be used to construct 144 employee housing beds, office space for Vail Resorts, improved pedestrian access, plus a potential site for atown-operated transit center. Noting that a preliminary application has been submitted to the town for development review, project spokesman Dominic Mauriello of Braun and Associates outlined a proposed review schedule that would separate the redevelopment into five projects. As proposed, the tennis court property would be reviewed by town boards in September and October, 2003; the West Day Lot residences in October and November, 2003; the core site in December, 2003 through February 2004; the North Day Lot in February 2004 through April 2004; and the West Day Lot Hotel in April 2004 through July 2004. A companion, tentative construction schedule also was presented which includes construction of the homes on the tennis court site in Spring 2004; the West Day Lot residences in Fall 2004; the core site in Spring 2004; the North Day Lot in Fall 2005; and the West Day Lot Hotel in Spring 2006. During his • presentation, Mauriello called Council's attention to the proposed ice rink which has been added to the plan. Councilman Dick Cleveland inquired about snowmelt provisions, • noting artist renderings that show a fresh dusting of snow in the pedestrian areas. Attorney Jay Peterson, representing Vail Resorts, said the company was waiting to follow the town's lead in establishing guidelines for snowmelt. Noting a question raised earlier by Councilmember Diana Donovan, Councilman Greg Moffet asked how the town could be ensured that Vail Resorts would follow through with all of the projects. Community Development Director Russell Forrest noted the need to clarify developer agreements with the company. He also said the town would need a legally binding agreement from Vail Resorts before Tax Increment Financing bonds can be issued to fund the town's share of public improvements. In addition, Peterson assured the Council that Vail Resorts will be spending dollars as they're coming in and that it wouldn't be feasible for the company to "cut and run." Councilmembers Bill Jewitt and Ludwig Kurz inquired about the timing of the projects. For Jewitt, the possible disruption of sales tax in Vail Village and Lionshead was a concern, while Kurz wondered if the projects would be ready should Vail win the bid for the 2009 World Alpine Ski Championships. In both cases, Peterson assured them that construction could be completed in time and with minimal disruption. Councilmember Diana Donovan expressed a preference for reviewing the projects simultaneously, also noting the need to address the town's build- to lines. She questioned whether the company should be granted development rights on the tennis court site without an appropriate level of public improvements. In response, Peterson said the new snowcat access route would be tied to the approval, representing $2 to $3 million in additional costs. Donovan expressed concerns about the aesthetics of the snowcat access route. She also suggested doing more to address adjacent property owner impacts as they relate to the core site and the North Day Lot. • The seventh item on the agenda was a Request for Continuance on the Front Door Project Appeal. Greg Moffet moved to deny a request to continue an appeal hearing for the Vail Resorts' Front Door project. Chuck Ogilby seconded and the Council voted 6-0- 1, Rod Slifer recusing himself. The hearing, to determine the outcome of an appeal of the project's approval by the Planning and Environmental Commission, had been scheduled to be heard by the Town Council on November 4th. However, the appellant had filed a request to reschedule the hearing to December 2, noting the need for more time to gather additional information. Attorney Karen Romeo said her client, Luanne Wells, needed time to consult with two experts prior to the hearing. Objecting to the continuance request was Jay Peterson, an attorney for Vail Resorts, who said the appellant has had ample opportunities to review the project. Also speaking was Tom Braun of Braun and Associates, who said asix-week delay could cause the loss of a construction season on the P3&J component of the development. In voting to deny the request, Councilmembers said the appellant had not presented evidence that a continuance was necessary beyond the 43 days the appellant will have already had. The eighth item on the agenda was First Reading of Ordinance Number 19, Sign Code. Dick Cleveland moved and Greg Moffet seconded to approve first reading of an ordinance amending the town's sign code. The Council voted 7-0 in favor of the motion. In presenting the ordinance for first reading, Community Development Director Russell Forrest noted several changes to the document as requested previously by the Town Council. Those changes include additional reformatting and editing and an acknowledgment that non-conforming signs will be grandfathered. In addition, Forrest said the document establishes atwice-a-year permit process for sale signs. During discussion, Councilman Dick Cleveland complimented the staff for the additional • formatting work. He also asked for clarification about joint directory signs. The discussion was then turned over to Councilmember Diana Donovan who outlined a list of • recommended changes, many of which were incorporated into the ordinance for first reading. During public discussion, Kaye Ferry of the Vail Chamber and Business Association said she had been waiting 15 years for the document, with work underway for the last two-and-a-half years. She said the 34-page document was still cumbersome, but much improved from what it was. Councilman Dick Cleveland noted the town of Breckenridge is going through an overhaul process with similar challenges. The ninth item on the agenda was First Reading of Ordinance Number 26, Amendment to the Parking Fine Regulations. Greg Moffet moved to approve an ordinance on first reading to amend the town code as it relates to the town's parking regulations. Bill Jewitt seconded and the Council voted 6-1 in favor of the motion, with Donovan against. Police Commander Joe Russell explained key provisions of the amendment, which includes an increase in the penalty for parking violations to up to $100 with a fee schedule set by the Town of Vail Municipal Court. In addition, the ordinance creates penalties for abuses at the parking structure caused by "turners," or those who exit the facility after the 90-minute free parking period and re-enter the facility for a second free period of time within three hours of the first entry into the facility. A third change is a vehicle length restriction in the parking structures. After noting a proposed length restriction of 15 ft. may be too short to accommodate the largest production vehicles, Councilmembers amended the ordinance to restrict vehicles to 20 ft. or larger. Other amendments included the addition of late fee payments of up to $25, excluding town roadways from the definition of parking facilities and striking the word "limit" under a description of time-limited parking. During discussion, Municipal Judge Buck Allen asked for the Council's input in establishing a higher fine for violators of the short-term, • three-hour parking spaces. The current fine is $26. Councilman Bill Jewitt suggested beginning with a $50 fine and possibly raising it to $60, while Councilman Greg Moffet said the fine needs to be much more expensive than valet parking. Judge Allen also inquired about fines for handicap parking violations, suggesting the fines should be the highest violation in the community. Currently $50, Judge Allen suggested raising the fines to $75 to $80. Also during the discussion, Councilmembers inquired about adequate signage to deter parking violations and the protocol that will be used to alert oversized vehicles as they approach the parking structures. In voting against the ordinance, Councilmember Diana Donovan said the ordinance was too unfriendly, especially as it relates to recreational vehicles. The tenth item on the agenda was First Reading of Ordinance Number 27, Outdoor Dining Deck Enclosures. Greg Moffet moved and Diana Donovan seconded to approve first reading of an ordinance to allow the temporary use of pliable sidewall enclosures for covered outdoor dining decks associated with eating and drinking establishments annually from April 1 to December 1, during inclement weather. The Council voted 7-0 to approve. In presenting the ordinance to Council, Community Development Director Russell Forrest said the legislation codifies an issue that surfaced in July when the Town Council overturned Design Review Board denial of a temporary enclosure application submitted by the Ore House. In making the motion to approve the ordinance, Councilmembers made several wording changes for added clarification. The eleventh item on the agenda was First Reading Ordinance Number 28, Engine Brake Restriction. Greg Moffet moved and Chuck Ogilby seconded to approve first reading of an ordinance restricting the use of compressed engine brakes on trucks • between milepost 181.5 and 173 along I-70 in Vail, except for the aversion of immediate • and imminent danger. Violators would face a fine of up to $999. The Council voted 4-3 to Cleveland and Jewitt against. The motion to approve first rove with Donovan a , pp reading of the ordinance also included a provision to table second reading to November 18, 2003 to allow time for Town Manager Stan Zemler to present details of a proposed pilot program as an alternative to the engine brake restriction. Zemler has offered to help facilitate a series of noise reduction measures with the help of the Colorado Motor Carriers Association. However, some Councilmembers, led by Greg Moffet, suggested the offer was a deliberate delay tactic by the industry that would accomplish nothing. An earlier motion offered by Moffet to approve the ordinance on first reading, minus the imminent danger provision, did not receive a second. In proposing the motion, Moffet reasoned that truckers driving responsibly don't need to use their "fake" brake, and if they do, they would be driving in such a way that would warrant a ticket for careless and reckless driving. In voting against the second motion to approve the ordinance as written, Diana Donovan said it would be irresponsible to approve it because it would be unenforceable. Bill Jewitt agreed, saying the options presented by Zemler present better opportunities in addressing overall noise. Joining Donovan and Jewitt was Dick Cleveland, who said the legislation wasn't an empty gesture, but rather, it got the attention of the Motor Carriers Association and the Colorado Department of Transportation. Cleveland said he'd rather work to slow the trucks down and address overall decibel levels as proposed by Zemler. Mayor Ludwig Kurz described a recent meeting he attended with representatives from town staff and the Motor Carriers Association, saying he had a sense the town is making inroads into the process to address the noise issue. Zemler then presented a series of cooperative actions that could be pursued with the trucking industry through a letter of agreement. Those actions include a pilot decibel reduction project, tightening the engine brake muffler requirement, • use of an infrared device that could be used on Vail Pass to detect brake use, an education program aimed at voluntary engine brake restrictions, a federal lobbying effort for noise wall funding, an exploration of Vail's cut and cover opportunities, additional enforcement at the ports of entry, and a Council ride-along program. Zemler suggested the Council could direct him to pursue the measures, using the engine brake restriction ordinance as a secondary option. Zemler said he also intended to work on reducing traffic speeds for all vehicles, which does not have support of the trucking industry. Moffet said he was unwilling to support the collaborative approach, noting that muffled jake brakes would still be too loud. Chuck Ogilby agreed, saying the industry is run by "people who enjoy the noise." During the public comment period, the Council heard from Ed Havener, owner of an Edwards trucking firm, who said a ban on the use of engine brakes through Vail would jeopardize his safety. Havener also objected to a proposal to slow trucks down, noting the loss of productivity. Instead, he suggested more aggressive enforcement of existing speed limits and the engine brake muffler requirement. The Council also heard from Patti Olsgard, director of safety, training and research for the Colorado Motor Carriers Association, who offered to work with the town to address the noise issues. When asked if engine brake mufflers could be reduced to 50 decibels, she said she would need to research the question. She said she also took objection to some comments by Councilmembers that the industry doesn't care about Vail. Jim Lamont of the Vail Village Homeowners Association applauded the most recent efforts, noting that this is the first responsiveness he's seen from higher authorities. Lamont also suggested the need for higher standards to use the I-70 corridor, given environmental issues. He said truckers should also consider using an alternative route through Wyoming which is long, straight and flat. In addition, Lamont suggested finding technology that would measure decibel levels through a signage system that could be placed on town right-of- • way. Following the vote, Councilmembers clarified that Zemler should pursue any and all • options discussed, including those offered earlier during the work session by Owen Leonard of the Colorado Department of Transportation. The twelfth item on the agenda was the Town Manager's Report. During a review of the town manager's report, Councilmembers directed the staff to continue to investigate the possible use of bio-diesel fuel for town buses and other vehicles as a follow-up to a pilot project in 1994 involving six buses. On another topic, Councilmembers reviewed draft criteria for complimentary use of the Donovan Pavilion. The proposal includes 10 complimentary uses during the high season and 20 complimentary uses during low season with approval by the Town Council and the Donovan Pavilion committee. Requests would be reviewed on a case by case basis based on pre-established criteria. Assistant Town Manager Pam Brandmeyer asked for clarification about the need to facilitate community use of the pavilion while recovering hard costs associated with the use, including cleaning, staffing and utilities. Rod Slifer suggested being generous with the free use policy for the first year or so to help build exposure for the building. Greg Moffet agreed, noting his frustration in learning that a Brownie Troop had been turned away due to the cost. Moffet suggested using the pavilion as a venue to provide activities, such as dances, for people under 21, as well as other community uses. Noting the need to clarify whether the pavilion should be booked to break even or accept a large loss, Diana Donovan suggested that a more appropriate venue for some of the smaller groups is the library community room. Bill Jewitt suggested the need to review the building's perForma and associated assumptions, while Dick Cleveland said the town should do all it can to recover cleaning costs, saying the facility is not appropriate for every group. Ludwig Kurz suggested the town should try to break-even on the facility, • but to accept the alternative if it isn't possible. Chuck Ogilby predicted the pavilion will become a popular meeting venue once paid parking begins in the structures. In completing the town manager report, Stan Zemler recognized Police Commander Joe Russell, who has recently returned from the FBI Training Academy, where he completed a 10-week professional development program. Lastly, Mayor Ludwig Kurz invited the community to join the Town Council at a welcome reception for new Town Manager Stan Zemler and his family on Oct. 23 at the Donovan Pavilion. As there was no further business, Greg Moffet moved and Bill Jewitt seconded to adjourn. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, /'~l.,c~d ~ ~ ~~~~ ;~ Ludwig Kurz~Vlayor ATT T: del 'Donaldson, Town Clerk • .- • VAIL TOWN COUNCIL Evening Meeting Tuesday, November 4, 2003 The regularly scheduled Vail Town Council meeting was called to order at 7:00 P.M. on Tuesday November 4, 2003 by Mayor Ludwig Kurz. In calling the meeting to order, Mayor Ludwig Kurz thanked Chuck Ogilby for his four years of service on the Council, which drew a round of applause from the audience. MEMBERS PRESENT: Mayor Ludwig Kurz Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Stan Zemler, Town Manager Pamela Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. • The second item on the agenda was the Consent Agenda, Approval of Meeting Minutes. Dick Cleveland moved and Diana Donovan seconded to accept the evening minutes from September 16, October 7 and October 21 as presented. The Council voted 7-0 to approve. The third item on the agenda was Resolution number 12, creating an Urban Renewal Authority. Greg Moffet moved, after the text was read into the public record and a typo removed, to approve a resolution to create an Urban Renewal Authority. Bill Jewitt seconded the motion and the Council voted 7-0 to approve. CrLation of the Urban Renewal Authority, which will be called the Vail Reinvestment Authority, is the first in a series of steps that will enable use of Tax Increment Financing (TIF) to fund repairs to streets and other public property in Lionshead to complement millions of dollars of private sector reinvestment by Vail Resorts. Prior to the vote, Mayor Ludwig Kurz thanked members of the Lionshead Task Force who worked for more than 16 months to evaluate various public financing options. In the end, the Task Force recommended creation of the Urban Renewal Authority and the subsequent use of Tax Increment Financing to address Vail's reinvestment needs. During the public comment session, the Council heard from Jim Lamont, executive director of the Vail Village Homeowners Association and a member of the Lionshead Task Force. Lamont offered support for the resolution, noting that while an Urban Renewal Authority carries a degree of controversy, it is an appropriate mechanism for Vail because it has withstood important legal challenges. Lamont noted the Homeowners Association has provided the town with a letter outlining its recommendation of support with qualifications, based on the Association's interest in preserving private property rights, among other issues. While • Lamont said the association still had some degree of trepidation on the matter, he urged the Council to approve the resolution, noting his confidence that trust and honor would .- • prevail in protecting private property rights and the public interest. Lamont also noted several modifications that were made at the request of the Association and the Task Force. Those include formation of a neighborhood advisory committee to help with the oversight of the public improvements, an improvement plan that specifies projects, a commitment to avoid the use of third party condemnation and a provision to allow condemnation of defunct covenants with the approval of the affected property owner. Also speaking was Michael Cacioppo, publisher of Speakout, who inquired about property value assessments and the impact to other taxing districts. In response, Councilmembers Greg Moffet and Bill Jewitt said the revenues won't decrease. They went on to explain that the other taxing districts will receive the normal incremental growth as they would ordinarily receive. However, any property tax revenue growth directly attributable to redevelopment will be returned to the neighborhood to pay for the public improvements. Cacioppo also inquired about a court case in Glenwood Springs in which Colorado Mountain College had challenged the Downtown Development Authority's planned use of TIF. Also speaking was Tom Steinberg, a former councilmember, who offered his support for use of TIF in Vail, noting that the 1.5 mill countywide open space property tax, approved by voters last November, will help contribute to the income generated by TIF. The fourth item on the agenda was Appeal of Vail's Front Door Project. After hearing testimony from both parties and citing findings of fact, Greg Moffet moved to uphold the Planning and Environmental Commission's (PEC) approval of the development plan submitted by Vail Resorts for the "Front Door" project. Chuck Ogilby seconded the motion. The Council voted 6-0-1 to approve with Rod Slifer recusing himself. citing • findings of fact. The project, as approved by the PEC on September 22, includes improvements to the Vista Bahn ski yard, a new underground skier services area, a 14- bay underground loading and delivery facility, construction of a new ski club, fractional fee units and a spa. Citing a number of design and compatibility issues, the approval had been appealed by LuAnne Wells, an adjacent property owner, who, in addressing the Town Council, expressed concerns about a reduction in the size of the ski yard and expressed an interest in working on a solution. In presenting Wells' list of objections to the Town Council, appellant attorney Andrew Littman referred to a letter from architect Gordon Pierce, who was asked to review the design prior to the appeal hearing, in which Pierce questioned the compatibility of the loading and delivery facility, the project's density and other concerns. Littman then presented some newly created design alternatives that offered a smaller loading and delivery component, asking the Council to consider sending the project back to Vail Resorts to be reworked. In response, attorney Jay Peterson, representing Vail Resorts, said the new design alternatives are insufficient in meeting town codes for loading and delivery. He said the applicant worked hard to gain consensus from the surrounding property owners, with the exception of LuAnne Wells. Peterson then called upon Tom Braun of Braun and Associates to review and refute each of the objections raised by the appellant. During discussion, Councilman Dick Cleveland asked whether the conceptual designs presented earlier by Littman had been reviewed with the PEC. Littman stated that the issues had been communicated, but the plans had not been presented. Public testimony included comments by Stan Cope, manager of the Lodge Tower, who noted support for the project by all 42 condominium owners, and Ron Byrne a developer and adjacent property owner, who offered support for the project, while leaving the door open for the possibility of additional « ,. give and take. Sally Johnston of the Christiania Lodge also offered support, saying she • looked forward to having the trucks removed from Hanson Ranch Road. John Cogswell, president of the retail association at the Lodge at Vail, noted his interest in addressing r J • pedestrian access issues to the shops as a result of the project. Sara Baker, an attorney for the Bridge Street Lodge, also expressed support and suggested the need to add a no-build zone to the exchange parcel as part of a development agreement with the town. The last to offer public comment was Jim Lamont of the Vail Village Homeowners Association who urged the Council to uphold the approval, noting that all of the issues that could have been raised had been heard and addressed previously. The fifth item on the agenda was Vail Village streetscape Master Plan Addendum. Diana Donovan moved and Dick Cleveland seconded to approve a resolution adopting an addendum to the town's 1991 streetscape master plan. The Council voted 7-0 to approve. In presenting the resolution, Public Works Director Greg Hall said the addendum represents the culmination of recent work on streetscape designs and concepts for the Village core and East and West Meadow Drive. During discussion, Councilmember Diana Donovan received support to modify the document to de- emphasize Village Center Road, to use consistency in identification of Earl Eaton Plaza, and add better examples for trash receptacles and street furniture. Councilman Chuck Ogilby said he'd like to see the Council continue to use a committee approach in advancing the project. In addition, Councilman Dick Cleveland asked that a shaded matrix showing a progression of design enhancements be modified to allow for additional flexibility. Other suggestions included a reference to use scalloped pavers as an option and the identification of additional areas for surface parking to provide additional equity for the Lodge Promenade. During public discussion, Kaye Ferry of the Vail Chamber and Business Association suggested the addition of a color scale component for the exterior of buildings. Although interested in the concept, • Councilmembers said the topic should be addressed separately. Jim Lamont of the Vail Village Homeowners Association commended the Council for its work on the streetscape plan as well as loading and delivery, suggesting the actions have contributed to what he called a "landmark council." The sixth item on the agenda was the Sign Code. Diana Donovan moved to table second reading of an ordinance modifying the Town of Vail sign code. Bill Jewitt seconded and the Council voted 7-0 to table the reading to November 18th. During discussion, Councilmembers directed staff to clarify language in the code in which the maximum size for signs in District 1 will be 6 square feet, to include graphics and text. Also, the ordinance will limit signs above grade or below grade to a 4 square feet maximum. In addition, the Council directed staff to create a graphic image illustrating the calculation of signs on awnings, projecting signs and walls, and asked staff to explore an issue raised by Robert Aikens, the owner of Verbatim Booksellers, who is having difficulty with signage and visibility in the new location of his business, which is located at an angle behind another storefront in the Vail Village Inn Plaza. Prior to the vote to table the ordinance, Joe Joyce, owner of Joe's Famous Deli, brought his sign in to illustrate how the use of graphics, in addition to text, makes signs unique. Joyce urged the Council to provide as much flexibility as possible in calculating the size of signs to allow for creativity. The seventh item on the agenda was the Parking Infraction Ordinance. Dick Cleveland moved to approve second reading of an ordinance to amend the town code as it relates to the town's parking regulations. Rod Slifer seconded the motion. The Council voted 6- 1, Donovan against. The ordinance includes an increase in the penalty for parking • violations, up to $100, with a fee schedule set by the Town of Vail Municipal Court. In addition, the ordinance creates penalties for abuses at the parking structure caused by f • "turners," or those who exit the facility after the 90-minute free parking period and re- enterthe facility for a second free period of time within three hours of the first entry into the facility. In presenting the ordinance for approval, Town Attorney Matt Mire noted four changes that were incorporated during first reading. One was an amendment to change the vehicle length restriction in the parking structures to 20 feet or larger. A second is an increase in the late fee payment of up to $25, followed by excluding town roadways from the definition of parking facilities. The last amendment was to strike the word "limit" under a description of time-limited parking. In voting against the ordinance, Diana Donovan said it was too negative and would cause bad public relations for the town. The eighth item on the agenda was Outdoor Dining Deck Enclosures. . Dick Cleveland moved to approve second reading of an ordinance to allow the temporary use of pliable sidewall enclosures for covered outdoor dining decks associated with eating and drinking establishments annually from April 1 to Dec. 1, during inclement weather. Diana Donovan seconded the motion and the Council voted 7-0 to approve. In presenting the ordinance to Council, Community Development Director Russell Forrest said the legislation codifies an issue that surfaced in July when the Town Council overturned Design Review Board denial of a temporary enclosure application submitted by the Ore House. The ninth item on the agenda was the Town Manager's Report. During a review of the town manager's report, Stan Zemler noted the town is investigating the use of a co- generation technology that could be used to power the town's snowmelt system. The technology involves creating a small power plant using natural gas and bio-solids to heat • streetscape and generate additional electricity or hot water that could be used for other applications. He said the technology may also have the potential to reduce C02 emission as well as reduce operating costs. Zemler said the town would be pursing an innovation grant through the Northwest Colorado Council of Governments to explore the concept further. Referring to the earlier discussion topic on streetscape, Councilmember Diana Donovan suggested adding language to the streetscape plan indicating the town's interest in environmentally-friendly and cost-effective techniques. As a follow-up to a discussion earlier in the meeting, the Council directed staff to schedule an agenda item for a future meeting to discuss a proposal forwarded by the Vail Chamber and Business Association to explore the possible use of additional color tones on buildings in the Village. Also, it was noted the staff is proceeding with execution of a lease for the Children's Garden of Learning early childhood education center to be built as part of the Middle Creek housing development. As there was no further business, Bill Jewitt moved and Greg Moffet seconded to adjourn. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, ~~~~~ Ludwig Kt~dz, Mayor • f ~ t E ~~ ., ~ (1 ~ i • onaldson, To`Nn Clerk ~ore,e~ D i~;-° iJ •a~/ . r.~q 4 ~':. • • VAIL TOWN COUNCIL SPECIAL MEETING MINUTES TUESDAY, NOVEMBER 11, 2003 The special meeting of the Vail Town Council was called to order at 4:30 P.M., on Tuesday, November 11, 2003, in the Vail Town Council Chambers. MEMBERS PRESENT: Rod Slifer Dick Cleveland Diana Donovan Ludwig Kurz Kent Logan Greg Moffet Kim Ruotolo STAFF PRESENT: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney Lorelei Donaldson, Town Clerk The first item on the agenda was the swearing in of the oath of office by Lorelei Donaldson, Town Clerk, of the newly-elected and re-elected Town Council members, Kent Logan, Greg Moffet, Kim Ruotolo and Rod Slifer. • The second item on the agenda was the Town Council Organizational Meeting. At this time, the election of the mayor and mayor pro tem was held. Mayor Ludwig Kurz, who called the meeting to order, shared some discussions he'd had previously with the Council in which he stated that he didn't think it would be appropriate to be considered as a candidate for mayor since his term will be ending in January. Kurz said he then asked Councilmember Diana Donovan about her interest in becoming the next mayor. Donovan said she was honored to have been considered, but she would be in a better position to serve the community in her current capacity as a council member. Greg Moffet made a motion to appoint Rod Slifer as mayor. The motion was seconded by Dick Cleveland. There was no further discussion from the public or Council. A vote was taken and the motion passed unanimously, 7-0. Slifer will serve as mayor for the next two years. He was also Vail's mayor from 1977- 84. Slifer thanked the Council for selecting him and also thanked Mayor Kurz for his service on the Council. He said he would save additional accolades for Kurz in January when he steps off the Council. The next order of business was electing the mayor pro tem. Ludwig Kurz made a motion to elect Dick Cleveland to be mayor pro-tem; the motion was seconded by Diana Donovan. There was no further discussion from the public or Council. A vote was taken and the motion passed unanimously 7-0. Cleveland will serve as mayor pro-tem for the next two years. • r • The third item on the agenda was the appointment of a Town Council member to the Vail Commission on Special Events (CSE). Committee appointments have been scheduled for the November 18th meeting, however, the Town Council was asked to provide direction on the composition of the Vail Commission on Special Events (CSE), which meets the morning of November 18th to consider funding requests for 2004. The CSE had been chaired by Bill Jewitt, who lost re-election to the Council. Councilmember Diana Donovan stated the CSE ordinance allowed for the CSE board members to elect a chairman from among the voting board members of the CSE. Following a brief discussion, Greg Moffet made a motion to have the CSE board members elect a chairman at the November 18th CSE meeting. The motion was seconded by Kent Logan. A vote was taken and the motion passed unanimously, 7-0. The Council will then determine if a representative from the Council will be added to the group during a discussion at its November 18th meeting. Greg Moffet offered to attend the November 18th CSE meeting as a Council representative. The fourth item on the agenda was the establishment of the Town Council meeting times. Greg Moffet made a motion to establish 6:00 P.M. as the official start time for the Town Council evening meetings. The motion was seconded by Ludwig Kurz. A vote was taken and the motion passed unanimously, 7-0. The evening meetings are held on the first and third Tuesdays of the month. • ATTEST: Lorel~~o aldson, Town Clerk `~~' ~ ~~ ~-. , S.„~ The fifth item on the agenda was a brief announcement from the Town Manager, Stan Zemler. He stated the staff was preparing a series of organizational briefings and tours for the new Town Council members as well as a refresher for the remaining members. He said a date for an upcoming Council retreat also would be set. As there was no further business, Greg Moffet made a motion to adjourn. Dick Cleveland seconded the motion. A vote was taken and the motion was passed unanimously, 7-0, and the meeting was adjourned at 4:45 P.M. Respectfully submitted, ' ,~r I ~/ y ~/~ / :~~/~- Rod E. Slifer, M~1'yor Minutes taken by Lorelei Donaldson ~+ ~~ r • VAIL TOWN COUNCIL Evening Meeting Tuesday, November 18, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday November 18, 2003 by Mayor Rod Slifer. MEMBERS PRESENT: Mayor Rod Slifer Dick Cleveland, Mayor Pro-Tem Diana Donovan Ludwig Kurz Kent Logan Greg Moffet Kim Ruotolo STAFF PRESENT Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Dan Telleen, a Vail Village gallery owner, outlined three suggestions to help increase efficiencies in the parking garages. First, he said, the town could stretch its available parking by approximately 12 spaces if it converted pockets of unused space into designated motorcycle parking. He also suggested developing an awareness campaign • that would reward employees who voluntarily choose to park in outlying areas of the structures, freeing up the closer spaces for shoppers. Telleen said the spaces could even be color-coded to help direct users to the appropriate spaces. Also, Telleen suggested the town needs to be more empathetic in its policies regulating "turners," noting that quick errands, such as trips to the post office, could cause violations of the policy as an unintended consequence. After congratulating the newly elected members of the Town Council, Rick Sackbauer, chairman of the Eagle River Water and Sanitation Board, addressed two issues with the group. First, Sackbauer expressed support for returning the gymnastics program to Vail through construction of an expanded, multi-use facility to replace the former facility which has been purchased by the water district for a plant expansion. In addition to a partnership by the water district, which has already set aside $400,000 for the project, Sackbauer expressed hope that participation by additional partners, such as the Eagle County School District, would make it possible to build a new facility. On another topic, Sackbauer thanked the Council for its support in helping to defeat Referendum A, the statewide water financing ballot issue. A better solution, he said, involves discussions and partnerships by the various water providers. A recent example is an agreement by five water agencies, three from the Eastern slope and two from the Western slope, to explore a reservoir at Wolcott, he said. Lastly, Sackbauer invited the Council to meet with the water district board in a joint meeting to discuss additional issues. David Reichardt, a West Vail resident, expressed his opposition to the Town Council's interest in studying possible consolidated fire services with the Eagle River Fire Protection District. Instead, Reichardt said, a better focus would be to build the West Vail . fire station. Reichardt explained that he'd had a fire at his house a week ago and it took 20 minutes for firefighters to arrive. Reichardt suggested the town faces liability issues • due to its delay in constructing the station, which, according to Reichart, was supposed to have been built in 1985. The second item on the agenda was the Appointment of One Member to the Building and Fire Codes Appeals Board. Greg Moffet moved 0 to appoint Lynn Fritzlen of Fritzlen Pierce Architects to the Building and Fire Codes Appeals Board. Ludwig Kurz seconded the motion and the Council voted 7-0 to approve. The term will run for five years. The third item on the agenda was an Authorization to Sign a Letter of Agreement to Discuss and Study Consolidated Fire Services. Greg Moffet made a motion to direct the mayor and town manager to sign a letter of agreement with representatives of the Eagle River Fire Protection District to determine if consolidating into a single fire district is mutually beneficial to both entities and worthy of a future public vote for such authorization. Dick Cleveland seconded and the Council voted 7-0 to approve. In introducing the draft agreement to the Council, Town Manager Stan Zemler said the first task would be to provide a service level model with cost estimates and performance standards. From there, the two entities would then discuss a process in which consolidated fire services would be provided to the town on a contractual basis for a period of six months to a year. This, said Zemler, would help determine if an inclusion agreement is an appropriate next step. During discussion, Councilman Kent Logan asked for clarification about the various evaluation steps, saying the process must involve full input from the Vail firefighters. Councilmember Diana Donovan noted the need to fully determine the extent to which consolidated services would benefit Vail, now and in the future. During the public comment period, David Reichardt, a West Vail • resident, urged the Council to reject the agreement, noting that public safety and the construction of a West Vail fire station should be a higher priority than looking at a financial savings to the town through consolidation. Councilman Dick Cleveland reminded the group that from day-one, the direction from Council has been no reduction of service, while Councilman Greg Moffet said his assumption is that Vail will see an improved level of service and a West Vail fire station, should the two agencies merge. The fourth item on the agenda was discussion of a Park User Fee. Noting that a more detailed discussion on park user fees had taken place during the afternoon work session, Mayor Rod Slifer provided a brief summary of the agenda item. He began the update by saying that many communities charge a fee for the ability to reserve space in parks for special events and other functions. He said the Vail Town Council has expressed interest in creating a fee schedule for use of the lower bench of Ford Park, in particular, to recover town costs associated with the use. Slifer announced that a task force has been created to develop a recommended rate schedule, which will be presented to council at an upcoming meeting. The fifth item on the agenda was a Request for In-Kind Services to Support December 2003 Birds of Prey World Cup event in Beaver Creek. Greg Moffet moved and Ludwig Kurz seconded to approve a motion to authorize up to $10,000 for in-kind bus service to assist in transporting spectators to the Birds of Prey World Cup event in Beaver Creek on December 6th and 7th. The Council voted 7-0 to approve. In presenting the request, Ceil Folz and Kurt Kreig of the Vail Valley Foundation, said the assistance would benefit the area with national and international television coverage as well as other media exposure opportunities. The town has assisted with the transportation • services since 1997, joining the Town of Avon, Beaver Creek Resort Company and the Vail Valley Foundation. Noting the addition of the Eagle County Regional Transportation • Authority (ECO) as a new partner this year, Councilmember Diana Donovan asked for clarification about the funding level. It was noted that ECO's presence provides a large enough pool of vehicles so as not to cause buses to be pulled off their regularly scheduled routes. Councilman Ludwig Kurz emphasized the positive exposure the races bring to Vail, saying that viewers in Europe still consider the World Cup to be in Vail. Representing the Vail Commission on Special Events (CSE), Sybill Navas, said that while the CSE has no authority to grant in-kind services on its own, the group recommended Council's support of the request. Councilmember Kim Ruotolo noted a discrepancy in the request, with one information sheet indicating an in-kind request of $12,000 and another requesting $10,000. Public Works Director Greg Hall said the difference was due to an increase in charter rates, which will become effective January 1 and that the $10,000 request would cover the Foundation's transit needs from the town. The sixth item on the agenda was an Overview of a "Multi-Purposed Recreational Facility". In introducing the agenda item to review the concept of an indoor recreational facility, Mayor Rod Slifer announced the item would be deferred to a later meeting, saying a presentation would be premature, given the outcome of the Eagle County School District's mill levy issue, which was defeated on November 4th, and was to have been used to help fund the facility at the $150,000 contribution level. Slifer then called upon former councilman Chuck Ogilby to make a few remarks. Ogilby encouraged the Council to continue moving forward in planning an indoor recreational facility to be built at Red Sandstone Elementary School, calling it a once in a lifetime opportunity. Ogilby distributed a letter to the Town Council dated October 27 from the Eagle County School District expressing interest in contributing $150,000 toward the project. Ogilby also said • he'd be willing to put an ad in the newspaper to seek a private donor who could take the proposed facility to a new level. The Council then agreed to direct a subgroup comprised of Ogilby, Greg Moffet, Rod Slifer and Town Manager Stan Zemler to continue to work on the concept. The seventh item on the agenda was Resolution Number 13, Approving the Law Enforcement Assistance Fund Contract. Greg Moffet moved to approve the resolution authorizing the town manager to enter into an agreement that provides for aone-year Law Enforcement Assistance Fund (LEAF) provided by the Colorado Department of Transportation. Ludwig Kurz seconded the motion and the Council voted 7-0 to approve. In presenting the resolution, Police Chief Dwight Henninger said the $22,000 funding will be used for labor and equipment to enforce the laws pertaining to driving under the influence of alcohol or other drugs. In response to a question by Councilman Dick Cleveland regarding DUI checkpoints, Chief Henninger said the department could use the funding for checkpoints or DUI saturation patrols. Henninger said his preference would be saturation patrols, which was met with Council agreement. Councilmember Diana Donovan noted her expectation that the patrols be done in aguest-friendly and local-friendly manner, to which Chief Henninger agreed would be the case. The eighth item on the agenda was the First Reading of Ordinance Number 30, Series of 2003, Supplemental Appropriation. Dick Cleveland moved to approve first reading of a supplemental appropriation to the 2003 budget. Ludwig Kurz seconded the motion and the Council voted 7-0 to approve. The appropriation increases the revenue budget by $328,768 and increases expenditures by $437,529. There were four expenditures without offsetting revenue: 1) new Ford Explorers for the police chief and town attorney • to replace the existing leased Saabs; 2) new vehicles for administration and community development to replace existing Saabs; 3) the assessment for capital repairs and • improvements on town-owned office space at Village Inn Condominiums; and 4) renovation of the sound system for the Council Chambers. During discussion, Councilmember Diana Donovan suggested depositing proceeds from sales of Vail manhole covers into the general fund instead of the Real Estate Transfer Tax (RETT) fund. Councilman Dick Cleveland agreed, noting the proceeds are being used to help support the Art in Public Places (AIPP) program. Cleveland said he'd like to see AIPP have the ability to build up funds from the manhole cover sales and roll the funding forward each year. Town Manager Stan Zemler agreed to follow up. Also, Councilman Kent Logan said he'd like to review additional budgetary information when reviewing a supplemental to help better understand year-to-date information. Mayor Rod Sifer noted the supplemental is the third of the year and is used to make increases or decreases to the budget. Councilmember Diana Donovan called the Council's attention to a line item for setting up and tearing down the skatepark, a net cost to the town of $5,667. Donovan said the cost is the result of not having a clear agreement with the Vail Recreation District. The ninth item on the agenda was the First Reading of Ordinance Number 31, Mill Levy Certification. Ludwig Kurz moved and Diana Donovan seconded to approve first reading of an ordinance setting the Town of Vail mill levy at 4.704 for 2003 property taxes to be collected in 2004. The Council voted 7-0 to approve. In presenting the ordinance for first reading, budget analyst Gina Bentz said the figures provided by Eagle County are estimates and will be revised, if necessary, for second reading. Estimated collections are $2,478,055 in property taxes based upon a total assessed valuation of $526,797,490 for all taxable property within the town. • The tenth item on the agenda was the First Reading of Ordinance Number 32, Major Amendment to Vail Village Inn Phase 1 Special Development District. Dick Cleveland moved to table first reading of an ordinance providing for a major amendment of Special Development District No. 6, Vail Village Inn, Phase 1. Kim Ruotolo seconded the motion. The Council voted 5-2 to table. Diana Donovan and Ludwig Kurz voted against. It was explained the ordinance would allow for 2,132 sq. ft. of Gross Residential Floor Area for a new residence to be located above the existing Alpenrose Restaurant. The matter was tabled to the December 2 Council meeting upon the advice of Town Attorney Matt Mire after Art Abplanalp, an attorney representing the president of the Vail Village Plaza Condominium Association, said consent from the association had been improperly authorized. Abplanalp said a meeting with the association was to have been held later in the week and that while the town staff did its job properly, the matter should not have been forwarded by the applicant. In response, the applicant said he objected to the request to table, saying the condo association matter was an internal process and not part of the public approval process. During discussion, Councilman Dick Cleveland expressed concern about the transfer of two parking spaces associated with the project, while Councilmember Diana Donovan said she would vote against tabling the motion, saying the town shouldn't be policing whether the appropriate parties are signing documents. The eleventh item on the agenda was the Second Reading, Ordinance Number 19, Sign Code Regulations. Diana Donovan moved to approve second reading of modifications to the town's sign regulations. Ludwig Kurz seconded and the Council voted 7-0 to approve the motion. In voting to approve the ordinance, Mayor Rod Slifer said that • while this particular discussion was short, the action is the product of much hard work by the town staff and the business community. Councilmember Diana Donovan, who • helped facilitate the Council's review, acknowledged the modifications, while comprehensive, don't address a visibility need raised recently by the owner of Verbatim Booksellers. Donovan, who was joined by Councilman Dick Cleveland, said the town would continue to look for ways to address those concerns. The twelfth item on the agenda was Second Reading, Ordinance Number 28, Engine Brake Restriction. Greg Moffet moved and Dick Cleveland seconded to table to December 2 second reading of an ordinance restricting the use of compressed engine brakes on trucks between milepost 181.5 and 173 in Vail, except for the aversion of immediate and imminent danger. The Council voted 5-2 to table, Ludwig Kurz and Diana Donovan voted against tabling the motion. The vote to table the matter followed an overview by Town Manager Stan Zemler in which a list of alternative approaches was presented that could be used to begin addressing I-70 noise issues in lieu of the engine brake restriction. Zemler's list included working with the Colorado Motor Carriers Association and the Colorado Department of Transportation on a series of education, enforcement and engineering solutions, plus additional traffic education and enforcement by the Vail Police Department. During discussion, Councilman Greg Moffet said the alternative actions presented by Zemler, including a draft memorandum of understanding between the Colorado Motor Carriers Association and the Town of Vail, were nothing more than a "group hug" and would likely be ineffective in getting the job done. Therefore, Moffet suggested "keeping the gun loaded and cocked" as his rationale for offering a motion to table second reading of the engine brake ordinance until the first meeting in March, 2004. Greg Fulton, president of the Colorado Motor Carriers Association, expressed disappointment in the motion, saying it sends the wrong • message. Instead, Fulton asked the Council to consider defeating the ordinance with the understanding it could be resubmitted at any time. Councilman Kent Logan asked Fulton if his orgarnzation would sti{I be willing to sign a memorandum of understanding if second reading of the engine brake ordinance were tabled to March. Fulton indicated a board meeting would be occurring the next day and he would receive direction from his board at that time. The motion was then amended by Greg Moffet to table second reading of the ordinance to the December 2nd meeting to allow time for the Colorado Motor Carriers Association to respond to Councilman Logan's request about signing the memorandum of understanding while second reading of the engine brake ordinance was still at play. During discussion, other topics were raised, such as a question by Greg Moffet about the likelihood of strengthening Vail's noise ordinance from 90 decibels to 70 decibels and whether the Colorado Motor Carriers Association would join Vail in its efforts to lower the speed limit through Vail for all vehicles to increase safety. Following the vote to table the matter, Jim Lamont of the Vail Village Homeowners Association asked for clarification regarding the list of additional actions proposed by the town manager. Mayor Rod Slifer said the Council would provide staff with direction on the other actions at the December 2 meeting. The thirteenth item on the agenda was the Town Manager's Report. During a review of the written town manager's report, in which recommended criteria for complimentary use of the Donovan Pavilion was presented, Councilmember Diana Donovan expressed concerns about the proposal, which included Eagle County-based non-profit organizations which benefit the Vail community within the criteria. Donovan suggested limiting the free use criteria to Vail residents and property owners and raising rates for use by those who live out of town. In addition, she said, the Council needs to have a • serious discussion about how much the town is willing to subsidize the pavilion. Mayor Rod Slifer suggested reviewing the 2004 bookings and projected revenues as a • precursor to a subsidy discussion. Councilman Greg Moffet agreed and suggested a more detailed discussion by the Council at an upcoming work session. Donovan asked that an earlier draft of the complimentary use criteria be distributed for Council's review. Councilman Greg Moffet suggested the need to better understand federal legislation under consideration that would allow home jurisdictions to collect sales tax for out of town sales. Town Manager Stan Zemler agreed to follow up and report back to Council. Following a motion by Greg Moffet, the Council voted 7-0 to adopt the Town Council appointments as presented and discussed at the afternoon work session. Town Manager Stan Zemler proposed the Town Council retreat be held the evening of February 12th and during the day on February 13th. He also distributed directions to the Colorado Department of Transportation meeting on November 19th in which several Councilmembers had agreed to testify on behalf of proposed policy changes as they relate to sound barriers. As there was no further business, Greg Moffet moved to adjourn. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, ~..~-; ~~ .., ~~~ ~~ ~~~;.~ ATTEST: . __ , ~. ~.~. ore i Donaldson, Town Clerk ,// Rod Slifer, Mayor/ • • VAIL TOWN COUNCIL Evening Meeting Tuesday, December 2, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday December 2, 2003 by Mayor Rod Slifer. MEMBERS PRESENT: Mayor Rod Slifer Dick Cleveland, Mayor Pro-Tem Diana Donovan Ludwig Kurz Kent Logan Greg Moffet MEMBERS ABSENT STAFF PRESENT: Kim Ruotolo Stan Zemler, Town Manager Matt Mire, Town Attorney In calling the meeting to order, Mayor Slifer thanked Chuck Ogilby and Bill Jewitt for their years of service on the Town Council and expressed his appreciation to Ludwig Kurz for serving as mayor the past four years. Slifer also welcomed newly elected Council members Kim Ruotolo and Kent Logan. In addition, Slifer noted that an employee • anniversary ceremony had been held earlier in the afternoon in which 19 Town of Vail employees were recognized for their years of service to the town. Among them were James "footer" Overcash, Sally Lorton and Mark Benson, who were recognized for 25 years of service. The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was a Vail Local Housing Authority Appointment Ludwig Kurz moved to appoint Councilman Greg Moffet to fill an unexpired term on the Vail Local Housing Authority. Dick Cleveland seconded the motion and the Council voted 6-0 to approve. Moffet will replace former Councilman Chuck Ogilby who has resigned. The term will run to May 31, 2004. The third item on the agenda was the Appointment of Election Commission Judges. Greg Moffet moved and Dick Cleveland seconded to appoint Mary Jo Allen and Vi Brown as Election Commission judges for the next two years, from November 2003 to November 2005. The Council voted 6-0 to approve the motion. The two will join the town clerk in serving on the Election Commission, which is responsible for conducting elections in the town. The fourth item on the agenda was First Reading, Ordinance No. 32, Major Amendment to Vail Village Inn Phase 1 Special Development District. Citing findings of fact, Greg Moffet moved to approve first reading of the ordinance providing for a major amendment to Special Development District No. 6, Vail Village Inn, Phase 1. Ludwig Kurz seconded • the motion. The Council voted 6-0 to approve. The ordinance allows for 2,132 sq. ft. of Gross Residential Floor Area for a new residence to be located above the existing • Alpenrose Restaurant. The ordinance had been tabled previously by the Town Council due to questions raised by the president of the Vail Village Plaza Condominium Association regarding consent from the association. During the public comment session, attorney Art Abplanalp, who represents the condominium association, indicated the board would not object to Council's consideration of first reading. However, upon second reading, Abplanalp asked that two conditions be added to the ordinance: 1) that approval of the condominium association is established prior to issuance of a building permit; and 2) that if a building permit is not issued within two years, approval will lapse. The fifth item on the agenda was the Vail Town Council Sitting as the Town of Vail Reinvestment Authority. At the request of the town staff, Greg Moffet moved and Ludwig Kurz seconded to table a meeting of the Town of Vail Reinvestment Authority to the December 16th meeting. The Council voted 6-0 to table. The sixth item on the agenda was First Reading, Ordinance No. 33, Funiculars as Conditional Use. Greg Moffet moved to table the reading to December 16th . Dick Cleveland seconded the motion. The Council voted 6-0 to table. While Councilmembers had directed staff to prepare the ordinance to address concerns associated with installation of a funicular device, the legislation was tabled after Councilmembers suggested the need to revise the ordinance to discourage funiculars unless access to the property is restricted. Councilmember Diana Donovan, who suggested the modification, encouraged the Council to approve the ordinance on first reading, noting the additional changes could be added during second reading. However, Councilmembers rejected Donovan's motion to approve first reading by a vote of 2 to 5. • During public discussion, Jim Lamont of the Vail Village Homeowners Association urged the Council to continue moving forward with the legislation. He also suggested including exterior elevators as a conditional use. Resident and businessman George Knox expressed dismay that anyone would be opposed to a funicular in Vail. He said the device on Forest Road is "cool as hell" and has attracted curiosity and excitement from Vail's guests. In response to additional questioning by Knox as to why neighbors would oppose the device, Councilmember Donovan said the funicular has created a negative visual impact on the hillside. The seventh item on the agenda was First Reading of Ordinance No. 34, Rezoning of Eagle River Water and Sanitation District Properties. Citing findings of fact, Citing findings of fact, Greg Moffet moved to approve first reading of an ordinance to rezone Eagle River Water and Sanitation District properties, located at 846 West Forest Road, from Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district. Ludwig Kurz seconded and the Council voted 6-0 to approve the motion. The rezoning includes the Old Town Shops property recently acquired from the Town of Vail. The ordinance is among several steps needed to facilitate expansion of the wastewater treatment plant. During discussion, the applicant's representative, Dominic Mauriello of Braun Associates, Inc., said the project will protect the stream corridor by providing separation between the proposed expansion and the flood plain. In addition, he said, the project will facilitate the rerouting of snowcats away from Forest Road. The eighth item on the agenda was First Reading, Ordinance No. 35, Rezoning Lionshead Tennis Court Site and Ski-way. Citng findings of fact, Greg Moffet moved to approve first reading of an ordinance to rezone the Lionshead tennis court site from the • Agriculture Open Space zone district to the Two-Family Primary/Secondary zone district and to rezone the ski-way from the Agriculture Open Space zone district to the Outdoor • Recreation zone district. Ludwig Kurz seconded the motion. The Council voted 5-0 to approve with Rod Slifer recusing himself. In presenting the ordinance for approval, town planner Warren Campbell noted the applicant, Vail Resorts, is seeking to facilitate the replatting of its tennis court site to allow for subdividing the site into four residential lots and to rezone the ski-way to conform to minimum lot size requirements. The project is a component of the Lionshead redevelopment effort, which involves four sites owned by Vail Resorts. In providing an overview of the tennis court site project, Dominic Mauriello of Braun Associates, Inc., representing Vail Resorts, acknowledged a series of letters received from adjacent homeowners regarding the loss of a pedestrian path across the property. Noting that Vail Resorts has been sensitive to those concerns, Mauriello outlined two alternative access routes that could be used. He also described plans for a widened skier bridge that would improve pedestiran access across the bridge. In addition, Mauriello noted the ski company had agreed to reroute its snowcats away from the Forest Road residences as a substantial public benefit. During the public comment period, Fred Rumford, a resident of 675 Forest Road, shared his concerns, plus those articulated by two of his neighbors regarding the loss of the tennis court path. Rumford said the alternative options proposed by Vail Resorts were unsafe, given the steep grades. He encouraged the Council to take the time to walk the neighborhood to better understand his concerns. Attorney Jay Peterson, representing Vail Resorts, said the tennis court path was constructed to be used to access the tennis courts and that once the tennis courts closed, maintenance of the path was discontinued. Peterson also called Council's attention to the letters of support for removal of the path. Also speaking was attorney Art Abplanalp, representing four adjacent property owners, who voiced his clients' qualified support for the proposal, calling the ski company's commitment to • relocate snowcat access away from Forest Road of greater significance than restoration of the path. Jim Lamont of the Vail Village Homeowners Association also offered support for approving the ordinance, saying the path appeared to benefit a relatively narrow audience and doesn't appear to be of greater public benefit because the path is not continuous from one end to the other. Thea Rumford, also of 675 Forest Road, said 20 families live on the lower half of the road. Those parents, she said, are concerned about the safety of their children in accessing Lionshead. During the Council comment period, Diana Donovan said that while she had initial concerns, once she reviewed the plans and talked to people, she surmised the applicant had done a good job in addressing the concerns to the best of their abilities. Ludwig Kurz agreed, saying the options are reasonable alternatives. In concluding the discussion, Mayor Pro Tem Dick Cleveland asked Mauriello to review the public benefits associated with the project. Mauriello stated the benefits include rerouting of the snowcat access away from Forest Road, which requires construction of a new bridge over Gore Creek, and the provision of a new turnaround for emergency vehicles on Forest Road. The ninth item on the agenda was First Reading, Ordinance No. 36, Text Amendment for Conditional Uses in Lionshead Mixed Use-1 Zone District. Citing findings of fact, Ludwig Kurz moved and Greg Moffet seconded to approve first reading of an ordinance that amends the list of conditional uses in the Lionshead Mixed Use-1 zone district to include single-family residential dwellings and two-family residential dwellings. The Council voted 5-0 to approve, Rod Slifer again recusing himself. In presenting the ordinance for approval, town planner Warren Campbell said the legislation is the first in a series of steps that will be needed to facilitate development of the Vail Resorts-owned property, known as the West Day lot. Campbell went on to say the ordinance calls out use specific criteria and standards to be used in the evaluation of a conditional use • permit request for residential dwellings in that zone district. The criteria is as follows: 1) • developed as part of a coordinated mixed-use development; and 2) aloes-density residential scale is advantageous to create compatibility with or a transition to other low- density residential development in the vicinity of the coordinated mixed-use development; and 3) the single-family and two-family residential dwellings are designed to the same general scale and character of residential dwellings in residential zone districts that allow single-family and two-family residential dwellings; and 4) the proposed coordinated mixed-use development containing the single-family and/or two family residential dwellings is consistent with the intent and objectives of the Lionshead Redevelopment Master Plan. In response to a question by Mayor Pro-Tem Dick Cleveland, Campbell clarified that all four use criteria must be met for approval of a conditional use. The tenth item on the agenda was Second Reading, Ordinance No. 28, Engine Brake Restriction. Greg Moffet moved to:(1) table to March 16, 2004 second reading of an ordinance restricting the use of compressed engine brakes on trucks between milepost 181.5 and 173 in Vail; 2) authorize the Vail Police Department to spend up to $46,000 for aone-year pilot program for I-70 traffic education and enforcement; 3) enter into a revised memorandum of understanding with the Colorado Motor Carriers Association to work collaboratively on a series of education, enforcement and engineering items to reduce noise and improve safe travel along I-70; and 4) to pursue all other approaches contemplated and to move forward with amulti-faceted action plan developed by Town Manager Stan Zemler. Ludwig Kurz seconded the motion. The Council voted 5-1 to approve, Diana Donovan against. Moffet asked that Zemler do his best to produce tangible improvements. In response, Zemler said if results are slow to come, he'll return • with a request to move forward with second reading approval of the engine brake restriction. During discussion, Councilman Ludwig Kurz received clarification about the addition of a reference to "EPA noise standards" in the memorandum of understanding between the town and the Colorado Motor Carriers Association (CMCA) as the two entities look to explore a pilot decibel reduction project. In a letter to the town manager, CMCA President Greg Fulton had asked that the pilot program adhere to EPA noise standards so trucks coming off the assembly line would be in compliance. Public Works Director Greg Hall noted the town's current noise ordinance prohibits levels over 90 decibels from a distance of 25 feet. Councilman Kent Logan complimented the motor carriers association for responding favorably to the matter, calling it a sign of good faith. Logan then questioned the need to spend time on a motorist education program, saying that he'd prefer the $46,000 be spent on traffic enforcement, particularly at the bottom of Vail Pass where the speed limit for semi-trucks is 45 mph. Police Chief Dwight Henninger explained that, when combined, an education and enforcement component would be beneficial in addressing the overall goal to improve safety and reduce noise. In addition to the bottom of Vail Pass, Councilman Greg Moffet suggested other areas for enforcement, including the Cascade hill area and Dowd Canyon. Chief Henninger said the intent would be to assign officers to areas that have been prone to accidents. In addressing the Town Council, Greg Fulton of the CMCA asked that traffic enforcement be applied to all vehicles. He pledged to work to get the word out at the east and west ports of entry and offered to ask that additional resources from the Colorado State Patrol be used to assist with the effort. In voting against the motion, Councilmember Diana Donovan said she was in support of everything except the $46,000 expenditure for traffic education and enforcement on I-70 by Vail Police, saying a patrol officer could get killed due to the amount of drug trafficking that exists along the corridor and that the state • patrol is responsible for I-7 and that the state patrol is responsible for I-70. . The eleventh item on the agenda was Second Reading of Ordinance No. 30, Supplemental Appropriation. Dick Cleveland moved and Ludwig Kurz seconded to approve second reading of a supplemental appropriation to the 2003 budget. The Council voted 6-0 to approve. The appropriation increases the revenue budget by $328,768 and increases expenditures by $437,529. Noting a discussion during first reading of the ordinance, Councilman Dick Cleveland asked that the budget line item for the Art in Public Places Program be moved to the general fund to account for revenue transfers from the sale of manhole covers. Councilman Kent Logan acknowledged his request for additional financial information had been met. The twelfth item on the agenda was Second Reading of Ordinance No. 31, Mill Levy Certification. Dick Cleveland moved and Ludwig Kurz seconded to approve setting the Town of Vail mill levy at 4.70401 for 2003 property taxes to be collected in 2004. The Council voted 6-0 to approve. The ordinance was revised from first reading to reflect final numbers from Eagle County. Estimated collections are $2,478,145 in total property taxes based upon a total assessed valuation of $526,815,400 for all taxable property within the town. The thirteenth item on the agenda was the Town Manager's Report. During his report, Stan Zemler requested and received authorization from the Council to gather information about the potential of inviting a panel from the Urban Land Institute to visit Vail next summer to review a series of questions and/or problems posed by the town. Zemler noted that Harry Frampton of East West Partners is the new chairman of ULI and has proposed hosting a panel in Vail. Zemler said a similar panel was brought to Boulder • several years ago to help the University of Colorado address six problems on four campuses. Mayor Rod Slifer expressed support for the concept, noting that planning experts from across the country are brought in at no cost other than travel expenses. Noting Vail's uniqueness, Councilmember Diana Donovan wondered whether ULI would have the resources to bring in experts familiar with mountain settings. Councilman Ludwig Kurz noted ULI's prestigious reputation within the industry and noted his interest in better understanding how the panel could benefit Vail. On another topic, Zemler shared the October sales tax collections report, which shows an increase of 4.64 percent from budget and up 1.06 percent from a year ago. Lastly, Zemler received direction from the Council to proceed with design of the West Vail Fire station, which will be done concurrently during discussions about a possible consolidation with the Eagle River Fire Protection District. Noting that design money has been budgeted by the town, Zemler said he would return to the Council with additional details about the scope of work. Several councilmembers suggested touring the new fire station at Cordillera as a first step and acknowledged the Council's previous commitment in getting a third station underway. Ludwig Kurz announced the Vail Valley Foundation has secured an extra downhill race for the World Cup, due to lack of snow in Val d'Isere, France. Kurz noted the European resort is one of Vail's major competitors in its bid to host the 2009 World Alpine Ski Championships. In concluding the meeting, Mayor Rod Slifer noted the presence of a new sound system • in the Council Chambers with better amplification for members of the audience and televised recordings. • As there was no further business, Greg Moffet moved to adjourn and Ludwig Kurz seconded. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, ~ ~ Rod Slifer, May r ATTE T: ~,, ~ relei onaldson,~ Town Clerk - _.. ~~~° ` l ~,~ R • VAIL TOWN COUNCIL Evening Meeting Tuesday, December 16, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday, December 16, 2003 by Mayor Rod Slifer. MEMBERS PRESENT: Mayor Rod Slifer Dick Cleveland, Mayor Pro-Tem Diana Donovan Ludwig Kurz Kent Logan Greg Moffet STAFF PRESENT: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Kent Myers, who coordinates the Fly Summer Vail program, asked Council to consider renewing a $10,000 pledge for the summer 2004 program. In all, the 2003 summer air program lost an estimated $20,600, which was covered by Eagle County. Although the Town of Vail pledged a $10,000 subsidy to help underwrite the 2003 program, it did not have to pay on its • pledge due to the success of the program. Myers explained he will be researching expansion of the program to include not only Dallas, but other destinations into and out of the Eagle County Regional Airport. Myers said Vail's continued support would be appreciated. The second item was the Consent Agenda. Greg Moffet moved to approve the November 4th, 11th and 18th meeting minutes. Diana Donovan seconded and the Council voted 7-0 to approve. Greg Moffet moved and Diana Donovan seconded to appoint four prospective appointees as judges for the January 27, 2004 special municipal election. The Council voted 7-0 to appoint Vi Brown, Holiday (Holly) Cole, Karen Morter and Summer Holm as judges. Greg Moffet moved to appoint Andrew Karow, Ken Friedman and Steve Rosenthal to the Vail Local Marketing District Advisory Council. Kim Ruotolo seconded the motion and the Council approved 7-0. The third item on the agenda was Vail's New Dawn Marketing Campaign. The Council heard an overview of the Vail Resorts Development Company's (VRDC) new marketing campaign for the Front Door and Lionshead redevelopment projects. Charlie Penwill with VRDC described Vail's "New Dawn" campaign as a "soft" information campaign to provide residents and guests with details about future redevelopments in Vail. Penwill explained the campaign has been launched now as part of a 12-month effort to begin pre-sales and provide exposure for Vail. Vail Resorts will be placing informational pieces • at dining tables at on-mountain eateries, placing ads in Town of Vail buses and distributing 600,000 pamphlets throughout Vail. Penwill said the company hopes the tag i .~ • lines for Vail's Front Door, "a refined Vail Village," and the Lionshead project, "an old friend is reborn," will excite guests and residents about the projects. Councilman Kent Logan applauded Vail Resorts for the ideas, but questioned if disseminating the information a year away from scheduled construction is too far ahead. Vail Resorts COO Bill Jensen explained the pre-sales area 12-month project and starting the campaign now will gain interest, excitement and provide knowledge to visitors and residents. Jensen said the campaign will show the community and guests that a "bright future" is coming to Vail. The fourth item on the agenda was an introduction of The 2004 Youth Ambassador Award Winners. Sybill Navas, representing the Vail Valley Youth Exchange program, introduced McClees Stephens of Battle Mountain High School and Patrick Scanlon of Vail Mountain High School as recipients of the Town of Vail Youth Ambassador award for 2004. Additionally, the 2003 ambassador award winners, Duncan Robinson and Alex Dulude of Vail Mountain School, thanked Council for providing them with the opportunity to work abroad. The fifth item on the agenda was an Agreement with The Vail Reinvestment Authority. Greg Moffet moved to sign a cooperation agreement between the Town of Vail and the Vail Reinvestment Authority. Ludwig Kurz seconded the motion and the Council voted 7-0 to authorize the agreement. The Vail Reinvestment Authority was created on November 4 following approval of a resolution by Council to create an Urban Renewal Authority, now known as the Vail Reinvestment Authority (VRA). Creation of the authority and authorization of a cooperation agreement are the first in a series of steps • that will enable use of Tax Increment Financing (TIF) to fund repairs to streets and other public property in Lionshead to complement millions of dollars of private sector reinvestment by Vail Resorts. It was explained that because the VRA will not have its own staff, a cooperative agreement between the Town of Vail and VRA is needed to allow the VRA use of town staff subject to reimbursement by the VRA. The agreement also allows the VRA to borrow money from the town for routine costs and makes the reimbursement of those costs an obligation of the VRA to be funded out of future tax increment revenues. The sixth item on the agenda was a Conference Center Update. Mayor Rod Slifer, who chairs the Conference Center Oversight Committee, presented an update on the planned conference center. The committee has received draft findings prepared by HVS International, a Chicago consulting firm, which has been hired by the town to conduct a market analysis and develop a business plan. Slifer said the report contains feasibility issues related to the marketing and business plan. Additionally, initial findings by HVS have downsized the conference center ballroom from a 40,000 sq. ft. facility to a 25,000 sq. ft. facility. The recommendation for a smaller building is a result of concerns raised by professional meeting planners during focus groups held in October by HVS. Councilman Kent Logan, also a committee member, stated the Council will need to look at resolving issues with projected operating costs and possible deficits for the facility. The committee will meet on January 12 and plans to present a copy of the draft report in February to the Council. The seventh item on the agenda was a request from the Vail Recreation District to renovate the Vail Golf Course Clubhouse. This item was rescheduled to the January 6, • 2004 evening meeting. 2 .- • The eighth item on the agenda was an Update on the Multi-Purposed Recreational Facility. Kim Ruotolo moved to approve $30,000 in escrow funds to be transferred from the sale of the Old Town Shops to be used to fund structural and engineering studies, plus design and site plans for a proposed indoor recreational facility to be built at Red Sandstone Elementary School. Ludwig Kurz seconded the motion and the Council voted 7-0 to approve. Architect Lynn Fritzlen presented an overview of potential funding, including approval by the Eagle County School District to allocate $150,000, Vail Resorts' contribution of $250,000, the Town of Vail's allocation of $150,000 cash and $100,000 in-kind, plus $369,000 remaining from the original $400,000 escrowed by the Eagle River Water and Sanitation District. Fritzlen explained to Council the design of the building is ready to be taken before the Design Review Board and hopes to receive approval in time for start of construction in June 2004. Rick Sackbauer, chairman of the Eagle River Water and Sanitation District, also informed Council that funds from the sale of the Old Town Shops must be used by August 2006. Additionally, Fritzlen said the $30,000 would be used to research operating costs and square footage needs of the building. Councilman Kent Logan questioned what would happen if the building were approved at $1.2 million and costs to build and operate the facility increased. Councilmember Kim Ruotolo inquired why the Vail Recreation District (VRD) had not offered to contribute to the facility, if in fact, they are to be the primary operator of the facility. Councilman Rod Slifer explained the Vail Recreation District currently could not contribute funds to the facility without issuing debt or approval of a bond issue by Vail voters. During the public comment session, David Ward with the local gymnastics program operated by the Vail Recreation District, explained to Council that VRD currently has 409 kids in the gymnastics program and over 200 on a waiting list. Ward • said the program supports itself, but is maxed out at its temporary leased space in Avon. The lease for the Avon space expires in August 2004. Vail Town Manager Stan Zemler requested Fritzlen present Council with potential operational costs of the building. The ninth item on the agenda was First Reading, Ordinance No. 33, series 2003, Funiculars as Conditional Use. Dick Cleveland moved to approve first reading of an ordinance to change funicular and other similar conveyances from an accessory use to a conditional use in residential zone districts. Ludwig Kurz seconded the motion and the Council voted 7-0 in favor. George Ruther with the Community Development Department reviewed the ordinance and explained the new ordinance will discourage funiculars unless access to the property is restricted for vehicles. The tenth item on the agenda was First Reading of Ordinance No. 37, Series of 2003. Greg Moffet moved and Ludwig Kurz seconded to approve first reading of an ordinance to allow for automatic reduction of points assessed for certain traffic offenses. The Council voted 7-0 to approve. Town Attorney Matt Mire informed Council the town's Municipal Court has reduced court from four days per month to two per month, resulting in heavy court days. Mire said the ordinance allows those with traffic offenses to plea bargain point reductions versus using the Municipal Court to argue their case. According to Mire, most motorists will choose a plea bargain over a court appearance. The eleventh item on the agenda was Second Reading of Ordinance No. 32, Series of 2003. Citing findings of fact, Greg Moffet moved to approve second reading of an ordinance providing for a major amendment to Special Development District No. 6, Vail Village Inn, Phase 1. Ludwig Kurz seconded the motion. The Council voted 7-0 to • approve. The ordinance allows for 2,132 sq. ft. of Gross Residential Floor Area for a new residence to be located above the existing Alpenrose Restaurant. During the public 3 .- • comment session, attorney Art Abplanalp, who represents the Vail Village Plaza condominium association, encouraged Council to amend the ordinance to contain two conditions: 1) the approval of the condominium association prior to issuance of a building permit; and 2) that if a building permit is not issued within two years, approval will lapse. Abplanalp explained he had received approval from 10 of the 12 in the condominium association. Project developer Ted Leach expressed concern to Council and said the project should not be held up, noting that he has followed the town's procedures and policies. Councilman Greg Moffet encouraged Councilmembers to approve the ordinance without the additional conditions to keep the Town of Vail from being the "good neighbor corporation." Town Attorney Matt Mire explained the Council could approve the ordinance with or without the conditions. In voting to approve the ordinance, the Council did not include the conditions recommended by Abplanalp. The twelfth item on the agenda was Second Reading of Ordinance No. 34, Series of 2003. Citing findings of fact, Ludwig Kurz moved and Greg Moffet seconded to rezone Eagle River Water and Sanitation District properties, located at 846 W. Forest Rd., from Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district. The Council voted 7-0 to approve second reading of the ordinance. The rezoning includes the Old Town Shops property recently acquired from the Town of Vail. The approval is among several steps needed to facilitate expansion of the wastewater treatment plant. The thirteenth item on the agenda was Second Reading of Ordinance No. 35, Series of 2003. Citing findings of fact, Greg Moffet moved to approve second reading of an • ordinance to rezone the Lionshead tennis court site from the Agriculture Open Space zone district to the Two-Family Primary/Secondary zone district and to rezone the ski- way from the Agriculture Open Space zone district to the Outdoor Recreation zone district. Ludwig Kurz seconded the motion. The Council voted 6-0 to approve with Rod Slifer recusing himself. Jay Peterson, representing Vail Resorts, Inc., explained the approval would allow the project to move forward through the review process, but Vail Resorts would be back before Council following meetings with the Design Review Board. Councilmember Diana Donovan questioned protection of the wetlands in the area. Peterson explained the wetlands are located on Town of Vail land. Additionally, attorney Art Abplanalp, who represents adjacent property owners, complimented Vail Resorts and Peterson for working with the adjacent property owners to resolve issues and said he appreciated their continued efforts to work with the owners. Abplanalp also encouraged the Council to protect the wetlands. The fourteenth item on the agenda was Second Reading of Ordinance No. 36, Series of 2003. Citng findings of fact, Greg Moffet moved and Ludwig Kurz seconded to approve second reading of an ordinance to amend the list of conditional uses in the Lionshead Mixed Use-1 zone district to include single-family residential dwellings and two-family residential dwellings. With Rod Slifer again recusing himself, the Council voted 6-0 to approve. It was explained the approval is the first in a series of steps that will be needed to facilitate development of the Vail Resorts-owned property, known as the West Day lot. The ordinance calls for specific criteria and standards to be used in the evaluation of a conditional use permit request for residential dwellings in that zone district. The criteria is as follows: 1) developed as part of a coordinated mixed-use development; and 2) aloes-density residential scale is advantageous to create • compatibility with or a transition to other low density residential development in the vicinity of the coordinated mixed use development; and 3) the single-family and two- 4 ~• • family residential dwellings are designed to be the same general scale and character of residential dwellings in residential zone districts that allow single-family and two-family residential dwellings; and 4) the proposed coordinated mixed-use development containing single-family and/ortwo-family residential dwellings is consistent with the intent and objectives of the Lionshead Redevelopment Master Plan. The fifteenth item on the agenda was the Town Manager's Report. During his report, Stan Zemler informed Council that two automatic emergency defibrillators (AED) have been delivered to the Police Department and have been placed at Checkpoint Charlie and in the jail. r~ Also during the report, the Council reviewed bids from the Vail Daily and Vail Trail. Greg Moffet moved and Dick Cleveland seconded to name the Vail Daily as the official newspaper to post Town of Vail public notices. The Council voted 5-2 to approve with Kim Ruotolo and Diana Donovan against. Donovan advocated use of the Vail Trail, saying that by publishing in the weekly Vail Trail, the notice can be seen for seven-days versus aone-day shelf life when published in the Vail Daily. In addition, Councilmembers were informed the Vail Transit and ECO Regional Transportation bus service will temporarily end between 11 p.m. and midnight on New Year's Eve. Jamie Wilson in the town's Community Information Office explained the town will be sending out letters to the lodging community containing information about Vail's public safety measures on New Year's Eve, as well as event information. Wilson also said she will be delivering guest information pieces Vail's public safety message, helpful phone numbers and event information. On another topic, Zemler encouraged Council to attend a meeting with the new regional supervisor of the Colorado Department of Transportation on December 30th. Zemler said topics and issues related to Vail will be discussed during the meeting. Lastly, Greg Moffet moved to approve a conservation easement agreement with a property owner in Buffehr Creek. Ludwig Kurz seconded the motion and the Council voted 7-0 to approve. As there was no further business, Greg Moffet moved to adjourn and Ludwig Kurz seconded. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, Rod Slifer, M~(yor • ATTEST: ~ '' ((~ ~L,drele~Donaldson, Town Clerk .~ ... .1 Mb• ~~ ~~_ ~~ ~~ ~~ C'