HomeMy WebLinkAbout2009 Vail Town Council Minutes Vail Town Council Meeting Minutes
Tuesday, January 6, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Vail Homeowner's Association representative Jim Lamont asked for a larger "greeter
patrol" to enhance the hospitality aspect of town provided skier services.
Christiana Lodge owner Paul Johnston informed Council he believed delivery trucks
would not discontinue using Hanson Ranch Road for parking delivery, and further, that
this roadway was not designed or engineered to carry a heavy weight load.
Local resident Elaine Kelton spoke in support of enhanced town provided guest services
(i.e., greeters, information). "Where does the Vail experience begin," was a phrase she
asked Council to consider, this phrase having first been introduced during a Vail
Symposium presentation.
Local resident Kaye Ferry asked why Council allowed residents to speak in the
afternoon Work Session, when the agenda clearly states public comment will not be
taken.
Vail Valley Exchange Executive Director Scott O'Connell introduced Kristi Waring (Vail)
and Zoe Brinkley (Mt. Buller, Australia). The two girls were selected as the 2008 -09 Vail
Youth Ambassador participants.
The second item on the agenda was the Town Manager's Report.
a. Revenue Update.
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Finance and Budget Reporting Manager Kathleen Halloran said when all sales tax
returns are received for the month of November, collections for the month are expected
to be $708,565, down 5.26% from November 2007. Year -to -date sales tax collections of
$16.9M are up 5.12% from 2007. Inflation as measured by the consumer price index
was up only 1.1% for the month of November and up 4.2% for the first half of 2008
compared to prior year. Use tax collections began as of January 1, 2008. As of
December 30, collections total $613,283 of revenue. This is $31K over the amended
budget of $582,000. Construction permit revenue currently totals $2.5M, down 14% from
this time last year. Due to conservative budgeting, collected revenue currently exceeds
the amended 2008 budget by $11 OK. The decrease in activity from the prior year is due
to both major and non -major redevelopment projects. Major redevelopment projects
make up 79% of the total, and construction permit fee revenue from those projects is
down by 10% from prior year. Revenue from non -major projects is down 27% from this
time last year. Real Estate Transfer Tax (RETT) collections through December 29,
2008, total $8.9 million, 24% over the annual budget of $7.2 million. This amount is a
29% increase from this time last year primarily due to recent sales of major
redevelopment projects. The overall real estate market in Eagle County is down 28% in
sales dollars and down 41% in sales transactions as of October, 2008. Major
redevelopment projects such as Arrabelle, Chalets at the Lodge at Vail, Forest Place,
Manor Vail, One Willow Bridge, Vail Plaza and The Willows account for 62% of year -to-
date 2008 collections. This is significantly higher than the 30% from December 2007
and is the reason Vail's RETT revenue is performing much better than the rest of the
county. RETT collections from property transfers not related to major redevelopment
projects dropped by 24% year -to -date as of December, 2008, compared with 2007. This
is more in line with the sales decrease across the county. For details, contact Kathleen
Halloran at 479 -2116.
b. Reappointment of Dick Cleveland to the Eagle County Open Space Advisory
Committee.
Council agreed to nominate Cleveland for reappointment by the County Commissioners.
The third item on the agenda was the Consent Agenda.
a. Approval of 12.02.08 and 12.16.08 Town Council Minutes.
Daly moved to approve the minutes without amendments with Hitt seconding. The
motion passed unanimously, 7 -0.
The fourth item on the agenda was Resolution No. 2, Series of 2009, A resolution
adopting a new Chamonix Master Plan, to facilitate the development of employee
housing and a new fire station and amending the Vail Land Use Plan, to designate the
Chamonix Master Plan Area.
Housing Coordinator Nina Timm explained the Town of Vail purchased the "Chamonix
Parcel" and the "Wendy's Parcel" for the purpose of constructing employee housing and
a new fire station. Through an extensive public process a preferred master plan option
was developed and endorsed by the Vail Town Council on August 5, 2008, and the PEC
on December 22, 2008. Adoption of the Chamonix Master Plan by Council is the next
step in the development of the proposed employee housing and fire station. Gordon
encouraged, ed, Lettin people tell government what they want to buy... Lets ensure some
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availability for buyers to modify their unit." Former Vail Mayor Bob Armour asked if the
resolution would disallow free market housing. Timm said the zone district allowed for
up to 30% of free market housing. Cleveland expressed concern that a family earning
60% of Area Median Income (AMI) would be able to afford anything that could be built
on the site without an additional subsidy besides land. Foley moved to approve the
resolution with Newbury seconding. Rogers thanked Timm for her diligent efforts on the
project. Newbury thanked the Vail Local Housing Authority (VLHA) for their
concentrated efforts. The motion passed unanimously, 7 -0.
The fifth item on the agenda was the First reading of Ordinance No. 1, Series of 2009,
an emergency ordinance making special amendments to Town of Vail Debt Services
Fund's 2008 budget.
Finance Director Judy Camp asked Council to approve a special amendment to the Debt
Services Fund budget for 2008, reflecting the issuance of Sales Tax Revenue Refunding
Bonds, Series 2008. On December 16, 2008 Council approved Ordinance No. 32
amending a definition contained in Ordinance No. 20, which authorized the refinancing
of the town's outstanding 1998 Sales Tax Revenue Refunding Bonds. Since the closing
on the new bonds took place on December 30, 2008 it became necessary to make a
special amendment to the 2008 budget of the Debt Services Fund so the transaction
may be recorded in the appropriate fiscal year. An emergency ordinance was requested
so that costs of the bond issuance would be paid on a timely basis. Newbury moved to
approve the ordinance with Gordon seconding. The motion passed unanimously, 7 -0.
The sixth item on the agenda was the Second reading of Ordinance No. 30, Series of
2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by
the Addition of the Definition of the Word "Publication."
Town Attorney Matt Mire stated because the 2009 budget was passed on second
reading on November 18, 2008, the 2009 budget eliminates funding for publication in the
local papers. Section 4.10 of the Town Charter requires publication of ordinances upon
their introduction and adoption. The Charter does not define what is required by
"publication." In 2007, the town spent $19,693 for publication of its ordinances in the
Vail Daily, requiring the Town Clerk to increase the office advertising budget during the
third supplemental appropriation by an additional $12,000. The Town Clerk has
currently spent $19,492 of her 2008 budget on publications of ordinances. Rogers
moved to approve the ordinance with Newbury seconding. The motion passed 5 -2 with
Foley and Hitt opposed.
The seventh item on the agenda was the Second reading of Ordinance No. 31, Series
of 2008, for prescribed regulations amendments to Section 12 -13, Employee Housing,
Vail Town Code, to establish a deed - restriction exchange program.
On December 16, 2008, the Town Council voted 6 -0 -0 to approve Ordinance No. 31,
Series of 2008, on first reading, with modifications to Sub - section 12- 13 -5D -7 to
eliminate the recommended maximum conveyance price of a proposed Employee
Housing Unit (EHU). Daly moved to approve the ordinance with Rogers seconding. The
motion passed unanimously, 7 -0.
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The eighth item on the agenda was the Second reading of Ordinance No. 33, Series of
2008, for prescribed regulations amendments to Section 11 -10 -7, Open House Signs,
Vail Town Code, to allow for amendments to the open house sign regulations.
On December 16, 2008, Council voted 5 -1 -0 (Cleveland opposed) to approve Ordinance
No. 33, Series of 2008, on first reading, with modifications to allow a maximum of three
vehicular directional open house signs and to limit the display of open house signs to no
more than three consecutive days. Rogers commented, "This is a way to make it more
accessible to those who want to find a house in Vail." Daly moved to approve the
ordinance with Rogers seconding. The motion passed, 6 -1 with Cleveland opposed.
The ninth item on the agenda was Resolution No.1, Series of 2009 - a Resolution
adopting the Vail Environmental Sustainability Strategic Plan.
Environmental Sustainability Coordinator Kristen Bertuglia asked Council to review the
draft Vail Environmental Sustainability Strategic Plan, and the associated goals,
objectives, action steps and priorities identified to ensure the Town of Vail is a leader in
environmental sustainability through community and regional partnerships. It is the
intention of the Town of Vail Environmental Team to work with Council to begin work
immediately on projects identified as priorities and adopted through the Vail
Environmental Sustainability Plan. The plan will lead the actions of staff and the
Community Development Department and consists of six goals:
• Solid waste stream reduction and recycling: Reduce the amount of TOV landfill
contributions by ten percent within five years, and 25% within ten years.
• Energy efficiency: Reduce the TOV municipal and community energy use by 20%
below 2006 levels by 2020, in order to effectively reduce the town's contribution to
greenhouse gas emissions and impact on global climate change.
• Ecosystem health: Ensure that the natural environment, specifically air and water
quality, water quantity, land use and habitat are maintained to current or improved
levels of biological health.
• Sustainable economic and social development: Lead programmatic efforts to
promote sustainable and profitable business practices within TOV and the Vail
community. Support TOV employee wellness programs to help maintain a high
quality of life.
• Public education and communication: Increase public education and awareness,
communication and environmental stewardship in the TOV through local and
regional partnerships.
• Transportation: Reduce the environmental impact of transportation by supporting
efforts within the Eagle Valley to decrease total vehicle miles traveled by commuters
and guests by 20% by 2020.
Rogers said it was a terrific program and she applauded Bertuglia for putting it together.
She then expressed concern about the recent appearance of Spruce Scale throughout
town. Council agreed to include Spruce Scale mitigation in the program. Council also
agreed to pursue a plan to utilize renewable resources to operate the town's snowmelt
systems. Hitt said he was very pleased to see the program up and running. Daly
moved to approve the resolution with Rogers seconding. The motion passed
unanimously, 7 -0. Ruther thanked Bertuglia for her diligent efforts on the project. "She's
done a great job and I just wanted to acknowledge that."
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The tenth item on the agenda was No. 3, Series of 2009, a resolution designating a
public place within the Town of Vail for the posting of notice for public meetings of the
Vail Town Council, Planning and Environmental Commission, Design Review Board, and
other boards, commissions, and authorities of the Town of Vail
Pursuant to Section 24- 6- 402(2)(c) of the C.R.S. as amended, provides that local public
bodies must give full and timely notice to the public of any meetings at which the
adoption of any proposed policy, position, resolution, rule, regulation, or formal action
occurs at which a majority or quorum of the body is in attendance, or is expected to be in
attendance. Newbury moved to approve the resolution with Gordon seconding. The
motion passed 6 -1, with Foley opposed.
The eleventh item on the agenda was Resolution No. 4, Series 2009, a Resolution
Approving an Intergovernmental Agreement between the Town of Vail and the Vail Park
and Recreation District Regarding the Golf Course Irrigation System Cost Sharing and
Funding
Mire explained the town and Vail Park and Recreation District (VRD) entered into an
intergovernmental lease agreement dated July 18, 2008, pursuant to which the VRD will
occupy and operate the Town's Vail Municipal Golf Course and in which the town and
VRD set forth their intentions to make financial contributions toward the maintenance
and repair of the Golf Course improvements. The replacement of the Golf Course's 40
year -old irrigation system with a new system is expected to deliver improved irrigation
coverage, water efficiency, and reliability. The town will pay for half the cost of the
project and loan funds to the VRD for payment of the other half of the project costs,
which loan will be repaid to the town in five years. The town's financing of the VRD's
contribution pursuant to the Intergovernmental Agreement (IGA) regarding the cost
sharing and funding for the golf course irrigation system will provide substantial savings
to the taxpayers, including the avoidance of bond underwriting fees and other bond
issuance and administrative costs. Foley clarified all approved funds were accounted
for. Mire explained there was a "true -up" clause in the agreement. Daly moved to
approve the ordinance with Hitt seconding. VRD Executive Director Mike Ortiz said he
hoped the project would begin in May. Ortiz confirmed the course would be open for
play all summer. He then thanked Council for their support of the project. The motion
passed unanimously, 7 -0.
The twelfth item on the agenda was Adjournment.
Foley moved to adjourn at 7:27 p.m. with Hitt seconding. The motion passed
unanimously, 7 -0.
Dick Cleveland, Mayor
ATTEST:
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Lorelei Donaldson, Town Clerk %
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Vail Town Council Meeting Minutes
Tuesday, January 20, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
g
Mark Gordon
Farrow Hitt
i Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Vail Homeowner's Association representative Jim Lamont spoke in support of a
collaborative "Guest Greeter" program. Zemler said town employees were
supplementing regular community hosts on Fridays. He then commented that efforts
were incredibly successful.
In regard to the world wide economic downturn, Kaye Ferry spoke against cutting town
services.
The second item on the agenda was the Town Manager's Report.
• Skier Drop -off Update.
Public Works Director Greg Hall explained to Council where legal skier drop -off points
existed. Council expressed concern traffic was backing up at Golden Peak. Hall
responded, "There have been problem days, although there are 120 -130 days of the ski
season when there are no problems."
The third item on the agenda was the Vail Valley Medical Center (VVMC) Economic
Impact Analysis.
Zemler asked Council to discuss a possible study on the economic impact of the Vail
Valley Medical Center on the Town of Vail and provide staff with direction. The objective
of the study would be to provide a quantification and characterization of VVMC's
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economic impact on the Town of Vail. Beyond a technical analysis quantifying the
medical center's economic contribution, this study would help the Vail community better
understand how WMC functions and where their mutual interests coincide and diverge.
Rogers said she knows the impact of the Medical Center is significant and she didn't
believe a study was necessary to verify that. Daly suggested Council move forward and
look for opportunities to possibly joint venture with the WMC (new facilities). Gordon
said it was important to have empirical evidence and quantifiable answers. Newbury
and Cleveland also spoke in support of the study. During a pause for public comment,
Dr.Tom Steinburg said the property where the current WMC exists was donated by Vail
Associates and may have a deed restriction. WMC Board of Directors Member Ed
O'Brien said there may be alternative uses for the present hospital site. Gordon moved
to authorize the Town Manager conduct an economic impact study of the WMC with
Daly seconding. The motion passed 4 -3, with Rogers, Hitt and Foley opposed.
The fourth item on the agenda was the Consent Agenda.
A. Annual appointment of newspaper of record for Town of Vail publications and notices
for 2009.
Mire explained the town annually establishes a newspaper of record for all public
notices. This year, the town requested a bid from Eagle Summit Publishers, owner of
most of the newspapers in Eagle County, and requested a bid, for The Vail Daily
publications. Gordon moved to appoint the Vail Daily as the newspaper of record with
Rogers seconding. The motion passed unanimously, 7 -0. During a pause for public
comment, Michael Caccioppo noted that Eagle Summit Publishers was not the only
newspaper owner in Eagle County. The motion passed unanimously, 7 -0.
The fifth item on the agenda was a Update on Conference Center Funds Allocation.
Staff prepared a memorandum outlining background and questions to help guide the
information - gathering process, a recommended process and information on election
scheduling in preparation for a renewed ballot effort for reallocation of the Conference
Center funds. Staff requested direction from Council on next steps. The balance
available for reallocation is expected to be $9.7 million at the end of 2009. Foley spoke
in support of using the funds for the original intent of producing overnight guests.
Newbury and Hitt also spoke in support of a project that would create "heads in beds."
Rogers said she favored holding off making a decision and observing what takes place
in the national economy. Gordon and Daly also spoke in support of "heads in beds."
Montaneros General Manager Keith Ozda spoke against using focus groups to
determine how the money would be used. Vail Local Marketing District Advisory
Committee representative Beth Slifer encouraged Council to look at facilities that
embrace interactive physical activity. Vail Municipal Judge Buck Allen spoke in support
of holding off on an election until the national economy improves. "I would like to see
you (Council) increase occupancy and increase economic activity, but take a step back
for now." In regard to a possible recommendation, Zemler commented, "What is this
idea? How would it actually increase occupancy and increase economic activity?
Remember, this is going to have to go to the voters." Council directed staff to return in
60 days with recommendations.
The sixth item on the agenda was a Final review of Resolution No. 26, Series of 2008, a
resolution amending the LionsHead Redevelopment Master Plan to incorporate the
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property known as the Glen Lyon Office Building site into the LionsHead Redevelopment
Master Plan Area and to adopt site specific recommendations for the future
redevelopment of the Glen Lyon Office Building site, located at 1000 South Frontage
Road West/ Lot 54, Glen Lyon Subdivision
On December 8, 2008 the Town of Vail PEC voted 5 -0 -1 (Viele recused) to forward a
recommendation of approval to the Vail Town Council for Resolution No. 26, Series of
2008. On January 6, 2009 Council discussed the proposed Resolution No. 26, Series of
2008, at the afternoon work session. Staff has incorporated the changes and additions
requested by the Council at the work session. Cleveland moved to table the item until
February 3, with Daly seconding. The motion passed unanimously, 7 -0.
The seventh item on the agenda was Adjournment.
Newbury moved to adjourn to Executive Session with Foley seconding. The motion
passed unanimously, 7 -0.
Dick Cleveland, Mayor
ATTEST:
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Lorelei Donaldson, Town ClerkEAL
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i Vail Town Council Meeting Minutes
Tuesday, February 3, 2009
6:00 P.M.
I Vail Town Council Chambers
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j The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Margaret Rogers
Andy Daly
Not present: Kim Newbury
Staff Members: Stan Zemler, Town Manager
j Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
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The first item on the agenda was Citizen Input.
Jonathan Levine expressed concern about limited access to the Vail Village
transportation center and skier drop -off locations for transportation companies. Council
asked staff to make a written summary of what the complaints are.
Michael Cacioppo expressed concern about recent actions of the Vail Police
Department.
President of the Arrabelle at Vail Square Homeowner's Association Don Zelkin explained
to Council the association had several concerns that were not being addressed by the
Vail Resorts Development Company (VRDC). Cleveland told Zelkin to share his
concerns with staff although the matters were more than likely only able to be resolved
by the association and VRDC.
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Paul Rondeau questioned a possible increase in the town's mill levy. Cleveland clarified
the abatement levy varied from year to year.
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Vail Homeowner's Association representative Jim Lamont provided an update on the
latest developments with the "greeter' program and Hanson Ranch Road /Gold Peak
traffic management issues. Zemler explained town employees had been assisting
guests in the LionsHead, Vail Village and Golden Peak areas on Fridays to enhance the
visitor experience. He said he believed it too late in the season to incorporate a paid,
I professional greeter program. "The issue will be addressed in the 2010 budget." Daly
said he would support matching any funds Vail Resorts may contribute toward the issue.
k Vail Resorts representative Kristen Williams said the company would be willing to put
$10,000 toward the program if there were other participants. She stressed that greeter
{ efforts should only take place in Vail's main pedestrian corridors. Zemler said he was
not willing to use greeters for traffic control.
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Kaye Ferry expressed concern that Vail Village was losing first floor retail space due to
lack of zoning enforcement. Ruther said he would return with a comprehensive analysis
of the concerns.
The second item on the agenda was the Town Manager's Report.
• Timber Ridge Update.
Zemler said ten responses had been received for the Request for Proposals to
redevelop Timber Ridge. "A group has been formed to evaluate the proposals and we'll
be meeting very shortly." Daly asked if he would employ the use of an independent real
estate professional in the analysis of the RFP's. Zemler said many of the respondents
were professional groups who have done significant amounts of affordable housing.
Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported when all sales tax
returns are received for the month of December, collections for the month were expected
to be $2,654,679, down 5.92% from December, 2007. Year -to -date sales tax collections
of $19.6M are up 3.8% overall from 2007. Inflation as measured by the consumer price
index was up only .1% for the month of December, and up 3.8% for all of 2008
compared to prior year. Use tax collections as of January 28, 2009 total $4,527. 2008
collections totaled $613,283 of revenue. 2008 construction permit revenue totals
4 $2.5M, down 14% from full year 2007. The decrease in activity from the prior year is
due to both major and non -major redevelopment projects. Major redevelopment projects
j make up 79% of the total, and construction permit fee revenue from those projects is
down by 10% from prior year. Revenue from non -major projects is down 24% from
2007. January 2009 construction permit revenue totals $12,000, down 74% from
January, 2008. A significant portion of that variance is due to a major redevelopment
project in 2008. With the majority of 2008 transactions recorded, year -to -date Real
Estate Transfer Tax (RETT) collections through December 31, 2008, total $9.0 million
with over $1.5 million received in December. As of today, RETT collections for 2008 are
31% higher than 2007. In addition, 2008 revenues have exceeded the annual budget by
$1.8 million, or 25 %. Major redevelopment projects including Arrabelle, Chalets at the
Lodge at Vail, Forest Place, Manor Vail, One Willow Bridge, Vail Plaza and The Willows
contributed $6.3 million or 69% of the total in 2008, while only $2.0 million or 30% of the
total in 2007 consisted of major redevelopment projects. Meanwhile, RETT collections
from property transfers not related to major redevelopment projects dropped by 38% in
2008 compared with 2007. The overall real estate market in Eagle County is down 27%
in sales dollars and down 41% in sales transactions as of November, 2008. January
2009 RETT collections total approximately $124,000. This is 53% less than collections
in January of 2008. The entire variance is due to major redevelopment project sales in
2008 that did not occur in 2009; collections not related to major projects in January are
12% higher than January 2008. Pass sales for the full year 2008 currently total
$793,592, a 13% decrease from full year 2007, and a 25% decrease (or $257,000) from
the 2008 budget. Parking pass sales for November /December total $746,607, down
14.8% (volume of pass sales down 43 %) compared to November /December 2007.
January, 2009 pass sales total $20,765, down 14% from January 2008. Daily sales (from
parking structures) for the full year 2008 total $3.9 million, up 7.6% from full year 2007,
and 1.1% down from 2008 annual budget. Daily sales for November /December total
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approximately $1 million, up 26% compared to November /December 2007. Of note, the
town had 5 fewer days of paid parking in November, 2008. As of January 27, 2009, daily
sales total approximately $819,593, up 2.5% from January, 2008. Zemler said he would
return to Council on February 17, with an update on the town's financial outlook.
• Parking Task Force Update.
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k Public Works Director Greg Hall reported the most recent parking modifications
(locations /price) had led to diminished parking structure demand. "This was the original
intent of the Parking Task Force... We are making the Village more accessible to
people... We are trying to change the travel patterns of the locals... Bus usage is up
(9 %) ... Added bus service has been added to West Vail as well as increased Frontage
Road service." Hall then explained 3,000 more tickets (3,000 more vehicles were able to
be parked) were taken in January in the Vail Village Structure as compared to 2008.
"LionsHead is down a small bit in January probably due to snow volume as it was very
high in January of 2008." Over the holidays more than 30 van pools were regularly
I counted at the structures. Outside of the structures more than one hundred free spaces
had been added compared to 2007 -08 ski season. Another goal of the task force was to
create readily available shopper parking. "A lot of the goals of the Parking Task Force
have gone very well." Gordon clarified who the Parking Task Force was comprised of.
"So it's a pretty broad based group." Hitt commented, "It's a matter of supply and
demand and we are victims of our own success... It's been a very difficult thing to deal
with, but we have made an impact and reached some of the results we were looking
for ... This parking problem isn't going away anytime real fast, but we are chipping away
at it." Rogers spoke in support of providing parking vouchers to those who shopped and
dined in the Villages. Daly asked Council to revisit summer parking in the very near
future (six weeks). "We've had two blow outs the last two summers." He then spoke in
support of pursuing a parking validation system. Hall said in February and March
intercept surveys would be undertaken in the parking structures. During a pause for
public input Paul Rondeau said he recently had a very good parking experience in
Arapahoe Basin. "There have to be better ways to communicate with first time Vail
skiers (in regard to parking)."
The third item on the agenda was the Consent Agenda.
• Approval of 01.06.09 and 01.20.09 Town Council Minutes.
Rogers moved to approve the minutes adding a minor amendment with Foley
seconding. The motion passed unanimously, 6 -0.
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The fourth item on the agenda was the Town of Vail Evacuation Plan update.
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Police Chief Dwight Henninger reported when an emergency threatens life and property,
the Town of Vail will activate its evacuation response. Residents will be notified to
evacuate via text message, phone, by a knock on the door or via loudspeakers from a
passing fire truck. The evacuation plan is available at www.vailgov.com /evac and
includes information on household preparedness and other important tips. Henninger
also encouraged citizens to subscribe to www.ecalert.org which allows pubic safety
personnel to send important messages via text message and /or email. Henninger
explained the town hosts quarterly emergency preparedness table -top exercises. When
discussing local infrastructure and its capacity to facilitate an evacuation Henninger
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noted, "Each on ramp can handle around 1800 cars per hour ... There is a high comfort
level on my part we have the ability to get the people out of here if a situation takes
place where we need to do so ... We should be able to effectively move all the cars out of
the community in a few hours." When discussing the potential use of recreation paths to
facilitate an evacuation he said, "Bike paths probably do not gain us any capacity."
Henninger stated his next goal was to work with local hotels lodges in order to educate
them on how to evacuate their guests in an effective manner.
The fifth item on the agenda was the First reading of Ordinance No. 4, Series of 2009,
an ordinance amending Chapter 5-1, Public Nuisances, to minimize the potential
negative effects of construction work lighting.
On October 21, 2008, the Town Council, reviewed Ordinance No. 21, Series of 2008, an
ordinance amending the Town's outdoor lighting regulations
Chief of Planning Warren Campbell explained during the public comment portion of the
Council's hearing, concerns were raised about the impacts of construction lighting. In
part, the ordinance addressed construction site lighting for access, egress, etc.;
however, neither the town's previous lighting regulations nor Ordinance No. 21, Series of
2008, specifically addressed lighting for construction work activities. The Council
therefore instructed staff to update their work plan to include proposing options for
addressing the potential negative effects of construction work lighting. Staff prepared
options for the Council to consider and on January 2, 2009, the Council directed staff to
draft amendments to the town's nuisance regulations to minimize the potential negative
effects of construction work lighting. The proposed amendments were drafted to meet
the goals of being understandable, enforceable, and to reduce the potential negative
effects of construction lighting on neighboring properties. However, the proposed
amendments are not intended to prohibit nighttime construction activities. Staff stated a
belief the proposed Ordinance No. 4, Series of 2009, accomplished these goals by
requiring construction work lighting to be directed away from neighboring properties and
to be turned off once the related work activities have ended. Foley moved to approve
the ordinance with Rogers seconding. The motion passed unanimously, 6-0.
The sixth item on the agenda was the Final review of Resolution No. 26, Series of 2008,
a resolution amending the LionsHead Redevelopment Master Plan (LHRMP) to
incorporate the property known as the Glen Lyon Office Building site into the LHRMP
Area and to adopt site specific recommendations for the future redevelopment of the
Glen Lyon Office Building site, located at 1000 South Frontage Road West/ Lot 54, Glen
Lyon Subdivision.
Planner Nicole Peterson explained that on December 8, 2008, the PEC voted 5-0-1
(Viele recused) to forward a recommendation of approval to Council for Resolution No.
26, Series of 2008. On January 6, 2009, Council discussed the proposed Resolution
No. 26, Series of 2008, at the afternoon work session. Staff incorporated the changes
and additions requested by the Council at the work session. When asked why a
development's maximum height would be set at 56 feet, applicant representative Jay
Peterson said it was derived through a comparison to the Tivoli Lodge. It was then
explained the applicant proposed to provide 100% of the required employee housing on
the site (the normal requirement would be 50% on-site). Approximately 4500 square feet
of employee housing would be required for the proposal. Peterson said his clients
thought this site could handle employee housing. "This is the direction we are willing to
go with it ... It is something we wanted to do and it could be a benefit to this site." Daly
clarified the height of the existing building was three stories tall on the creek side and the
two on the northern Frontage Road side of the parcel. Ruther clarified any development
could be no more than 56 feet high from the existing grade. Foley clarified the existing
building height maximum was determined by the Special Development District (SDD)
process. Jay Peterson said the existing building was around 40 feet tall. Hitt asked for
reassurance that the Gore Creek Recreation Path would not be eliminated. During a
pause for public comment, Kaye Ferry spoke against allowing office space on the first
floor as a use. Vail Homeowner's Association representative Jim Lamont said he was
ambivalent about potential commercial or retail uses without seeing a detailed
development plan. Daly said scale was very important on the site as it would be the
western entryway to the Ever Vail proposal. He also said the project would only
compound the need for an Interstate -70 underpass. Gordon moved to approve the
resolution with Daly seconding. Foley said he felt that a development plan was
necessary to approve the resolution. "I just think it's the wrong step to take at this time."
Cleveland said he was concerned about allowing office space on the first floor. Peterson
said he was comfortable removing any first floor office space language from the
proposal. He commented, "We have no guidance... Our only guidance is SDD No. 4
(Cascade Village)... It allows us to relate to that area." Mire clarified the resolution was
not an application for a development. Daly then withdrew his second. The motion failed
due to a lack of a second. Daly then moved to approve the resolution, striking the first
floor office space language, with Gordon seconding. Rogers then expressed concern
residential uses could take place on the first floor. Peterson said that residential uses on
the first floor are conditional in LionsHead Mixed Use zoning districts, unlike office, which
is prohibited on the first floor in the LionsHead Mixed Use zoning districts. The motion
passed 5 -1, with Foley opposed.
The seventh item on the agenda was Adjournment.
Foley moved to adjourn with Hitt seconding. The motion passed unanimously, 6 -0.
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Dick Cleveland, Mayor
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Vail Town Council Meeting Minutes
Tuesday, February 17, 2009
6:00 P.M.
Vail Town Council Chambers
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The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
f Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
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The first item on the agenda was Citizen Input.
Gordon encouraged Council to not engage those who chose to use the opportunity for
citizen input.
Vail Citizens for Action representative Kent Logan commended Council for making
difficult budget decisions. Of the current recession he commented, "This is nothing short
of the biggest challenge since the founding of the town in the 1960's ... The Vail of 2012
will be demonstrably different than the Vail we left in 2007 ... Our group recommends you
(Council) expand and mandate a professionally guided marketing program... This is
about saving jobs and saving small business."
Former Vail Councilmember Greg Moffet thanked Council for their service and offered
his help making difficult decisions.
Vail Local Marketing District Advisory Council (VLMDAC) representative Beth Slifer
spoke in support of utilizing James Chung to develop a comprehensive marketing
strategy.
Daly recommended heavily involving the VLMDAC in planning for future marketing
efforts. He then said Vail has stayed ahead of its competitors and must continue to work
to do so. "We must aggressively protect our market in these challenging times."
Hummers of Vail owner Jonathan Levine spoke in support of the skier drop -off location
on Hanson Ranch Road. He then expressed concern about "scab" taxi companies
operating on the Vail Village Transportation Center.
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Vail Homeowner's Association representative Jim Lamont encouraged further use of
video surveillance equipment to monitor traffic throughout Vail.
Local business owner Lou Meskimen thanked the town for superbly maintaining local
streets during periods of heavy snowfall.
j The second item on the agenda was a Presentation of a 30 year award to Buck Allen,
Vail's Municipal Court Judge.
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Cleveland Introduced Vail Municipal Judge Buck Allen and thanked him for his 30 years
of service to the town. Allen thanked the community for allowing him to serve for so
long.
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The third item on the agenda was the Town Manager's Report.
Loading and Delivery Update.
Police Operations Commander Susan Douglas said the recently opened Mountain Plaza
loading docks have been very successful (averaging 12 -16 delivery trucks per day). She
also said that efforts to limit delivery vehicles on Gore Creek Drive have been
The n loading and delivery meeting is scheduled for March 2. This will
successful. e ext o g ry g
be another opportunity where we will continue to evaluate our progress." Cleveland
clarified a twenty foot truck length limit has lowered complaints coming from the Hanson
Ranch Road area. United States Postal Service representative James Armstrong said
utilizing Mountain Plaza loading and delivery has extended the time required to deliver
mail in Vail Village. "It's the same for UPS ... It's the same for FedEx ... The Post Office is
really truly not happy with this ... We have regulations that prevent us from continuing this
type of delivery." Cleveland told Armstrong to attend the next Loading and Delivery
meeting.
The fourth item on the agenda was a request for direction from the Vail Town Council
on how to proceed with the South Frontage Road relocation application as it relates to
use of Town -owned right -of -way or a roadway easement.
Due to a predetermined conflict (Vail Resorts affiliation) Gordon recused himself from
the item and left the Council Chambers. Vail Resorts Development Company (VRDC),
the applicant, is proposing to relocate a portion of the South Frontage Road to facilitate
the redevelopment of West LionsHead. The Colorado Department of Transportation
(CDOT) requires that the Town of Vail submits the relocation application on behalf of
VRDC. Prior to submitting the application to CDOT, however, the Town of Vail must
approve the relocation application. The Town staff and the applicant have been actively
preparing the relocation application to submit to CDOT. Community Development
Director George Ruther asked Council to provide staff with direction on how they wished
to proceed with the South Frontage Road relocation application (i.e., town -owned right -
of -way or easement). On January 20, 2009, Council heard a work session presentation
on the proposed South Frontage Road relocation application. An outcome of the work
session was a request by Council for staff to prepare a list of potential pros and cons
associated with locating the South Frontage Road within a right -of -way or within an
easement. Staff recommended the Council direct staff to prepare the South Frontage
Road relocation application utilizing a town -owned right -of -way for the proposed road
improvements. VRDC representative Dominic Mauriello said he was ambivalent if the
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town required a right -of -way or easement. Daly moved to continue to pursue the project
with a town -owned right -of -way. Foley seconded the motion. During a pause for public
! comment local attorney Dan Wolfe said if the project was approved, at least five local
businesses will be forced to relocate. Daly clarified Wolfe's clients preferred Vail
Resorts engage the long term tenants (of the Vail Professional Building) and preferably
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not move the building. The motion passed unanimously, 6 -0.
The fifth item on the agenda was Ordinance No. 2, Series of 2009, an Ordinance
Amending Title 6, Chapter 3, of the Vail Town Code Regarding the Offense of Disturbing
the Peace in the Town of Vail.
Text messaging and email have become a regular and consistent form of media and
communication in the United States and elsewhere. This kind of communication can be
abused and used for the purpose of harassing others. This type of harassment is
already prohibited by Colorado State Statute.
Rogers moved to approve the ordinance with Foley seconding. The motion passed
unanimously, 7 -0.
The sixth item on the agenda was the 2009 Budget Adjustments; First Reading of
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Ordinance No. 5, Series 2009, an ordinance making budget adjustments to the Town of
Vail General Fund, Capital Projects Fund, and Heavy Equipment Fund of the 2009
Budget for the Town of Vail, Colorado.
Budget and Financial Reporting Manager Kathleen Halloran said that due to a decline in
construction and concern with sales tax revenue, the Town Manager is proposing
adjustments to the 2009 Budget which was passed on November 18, 2008. This budget
adjustment will decrease the town's budget by a total of $1.4 million, with nearly $1
million coming from the General Fund. Rogers said she appreciated staff being on top
of the economic crisis. Daly said the issue would be reviewed again in June. Foley
questioned reducing the Commission on Special Event (CSE) budget. "I can't support
the supplemental cut to the CSE." Gordon also expressed concern about the CSE
recommendation. He then asked if a Dobson Arena roof replacement could be deferred.
Gordon moved to approve the ordinance although leaving CSE unchanged with Hitt
seconding. Rogers encouraged staff to continue pursuing revenue enhancements. The
motion passed unanimously. CSE Coordinator Sybill Navas said the CSE would
continue to look after the overall interest of the town. During a pause for public comment
Lou Meskimen spoke in support of continued funding for the CSE. He did say Street
Beat did not contribute to his business on Gore Creek Drive. Vail Chamber and
Business Association (VCBA) representative Joyce Gedelman spoke in support of
continued CSE funding. "Our commitment is to the Vail business community and to
draw people into town." Foley thanked staff for their diligent and proactive efforts
shoring up the town's budgets. The motion passed 6 -1, with Cleveland opposed.
Cleveland stated he thought the town's special events could withstand a small reduction
in funding.
The seventh item on the agenda was the First Reading of Ordinance No. 6, Series of
2009, an ordinance amending Section 12 -7H -3, Permitted and Conditional Uses; and
Section 12 -16 -7, Use Specific Criteria and Standards, Vail Town Code, to allow business
offices and professional offices as conditional uses on the first floor in the LionsHead
Mixed Use -1 District.
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On February 9, 2009, the PEC forwarded a recommendation of denial to the Vail Town
Council of Ordinance No. 6, 2009. This proposal would facilitate temporary business
offices being permanently located on the first floor of the Treetops and Concert Hall
Plaza buildings. This proposal could also facilitate new first floor offices throughout the
entire LionsHead area. During a pause for public comment applicant representative
Ross Davis said his goal was to encourage a long -term conditional use for offices in the
Tree Tops building. Gordon clarified the ordinance would allow any first floor location in
LionsHead to apply for office space as a conditional use. Kaye Ferry spoke in support of
maintaining all first floors in town as retail. "Our temptation to want to make these
changes during this economy is going to be great." Vail Homeowner's Association
representative Jim Lamont spoke in support of the ground floor remaining retail.
Treetops property manager Jeff Brown said a number of businesses have gone in an out
of the building and the location has never been good for retail. Lou Meskiman said the
Treetops building has historically been a "death zone" for retail. Ghiqui Hoffman asked if
Treetops would be a better retail location if the LionsHead parking structure was
redeveloped. Treetops Building owner Michael Hecht spoke in support of allowing
offices in the building. Gordon asked if staff has thought of other solutions for this
building. Rogers commented, "I refuse to believe we can't get creative about his and
come up with a way to make this building not be part of the commercial core of
LionsHead." Rogers moved to deny the proposed ordinance with Gordon seconding.
Newbury said she believed it was not up to the town to come up with a creative solution
to make the space viable. Cleveland said, "Our responsibility is up to the entire
community, not just a single building. I really question directing staff to find a creative
way to make a building economically viable." The motion failed 2 -5, with a motion from
Rogers and Gordon seconding. Newbury then moved to uphold the PEC
recommendation with Daly seconding. The motion passed 5 -2, with Rogers and Gordon
opposed.
The eighth item on the agenda was the Second reading of Ordinance No. 4, Series of
2009, an ordinance amending Chapter 5 -1, Public Nuisances, to minimize the potential
negative effects of construction work lighting.
On February 3, 2009, the Town Council approved the first reading of Ordinance No. 4,
Series of 2009, by a vote of 6 -0 -0. Rogers moved to approve the ordinance with Daly
seconding. The motion passed 7 -0.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 8:15 p.m. The motion
passed unanimously, 7 -0.
Dick Cleveland, Mayor
ATTEST:
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Lorelei Donaldson, Town Clerk CO
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Vail Town Council Meeting Minutes
Tuesday, March 3, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
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The first item on the agenda was Citizen Input.
Michael Cacioppo expressed concern about recent actions of the Vail Police
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Department.
Antlers Lodge General Manager Rob Levine spoke in support of the good work
performed by the Vail Police Department/911 Dispatch Center.
Local shop owner Buzz Schlepper asked for attention to be paid to his shop frontage
during special events as two of his business locations were blocked during a recent
special event.
Four Eagle Ranch operator Tom Backhus asked Council to allow Donovan Pavilion staff
to recommend businesses who do not operate within the Town of Vail. In regard to the
economy Baccus commented, "Families are going to help getting us through a
recession."
Rob Levine also spoke in support of using a valley wide marketing /promotion approach.
Hitt said sales tax collected within the town should be spent promoting town interests.
Hitt encouraged down valley entities to participate in the Vail Local Marketing District
sales tax.
Vail Homeowner's Association President and Vice President of Bravo! Alan Kosloff
spoke in support of Ford Park parking expansion. He then spoke in support of making
small improvements to the Ford Amphitheater to improve accessibility. He then thanked
Council for their generous support of Bravo!
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Cacioppo thanked Hitt for responding to Backhus. He then spoke in support of
Backhus's comments.
The second item on the agenda was Proclamation No. 1, Series of 2009. Plastic Bag
Proclamation.
Environmental and Sustainability Coordinator Kristen Bertuglia asked Council to approve
the Proclamation supporting reduced use of plastic bags in Vail. The BYOB (bring your
own bag) Challenge begins March 1 and continues to Sept. 1. It's being coordinated by
the Colorado Association of Ski Towns (CAST) and includes participation by Vail, Aspen,
Snowmass, Telluride, Mountain Village, Steamboat Springs, Breckenridge, Winter Park,
M Crested Butte, Park City, Jackson Hole and Sun Valley. In addition, the towns of Avon,
Eagle, Gypsum, Basalt, Silverthorne, Dillon, Frisco, Fraser, Estes Park, Grand Lake,
' Granby, Mt. Crested Butte, and the Idaho communities of Hailey and Ketchum, have
also agreed to participate. Kristen Bertuglia is serving as the local contact for Vail's
awareness campaign. She's been making arrangements with representatives from City
Market, Safeway, Ace Hardware and Sports Authority to help launch the program. The
West Vail businesses have agreed to monitor the number of times a reusable shopping
bag is used as an alternative to single -use, disposable plastic bags. In some cases,
customers will receive a five -cent discount off their bill for using their own bag.
Bertuglia says the participating businesses are eager to help their customers make the
conversion to reusable bags and she's hoping additional businesses will join the
campaign. "By reducing the use of plastic bags in the community, we're helping the
businesses become more sustainable, reduce cost and waste, and we're certainly
helping the environment," she said. At a consumption rate of 100 billion per year, the
U.S. uses 12 million barrels of oil annually to sustain its plastic bag habit, translating to
over half a billion dollars per year, according to the Community Office for Resource
Efficiency (CORE) in Aspen. For every 100 plastic bags manufactured, nearly seven
pounds of carbon dioxide, the major contributor to global warming, are released into the
atmosphere. Plastic bags also contribute to over 600,000 tons of landfill waste and are
responsible for 1.1 million wildlife deaths each year, according to CORE. The community
that uses the most reusable bags on a per capita basis during the six -month competition
will be declared the winner by CAST. The winning community will receive a $5,000 grant
from Alpine Bank to be used to install a solar panel system at a public school. Bertuglia
says the competition is a great way to inspire the community into thinking about how we
use our resources. "What a great way to promote very simple every day practices to a
more sustainable lifestyle," she said. The Vail Recreation District (VRD) has joined the
local campaign and will assist in education and outreach with local students. In addition
First Bank of Vail is helping to fund 1,000 reusable bags that will be distributed
throughout the competition. Bertuglia is also encouraging Vail's lodges to provide
reusable bags for their guests. "What a statement it will make when our guests are
reminded that the Town of Vail values the environment and that they can help us reduce
waste, water and energy even when they are on vacation," she said. Bertuglia will be
tallying Vail's scores on a monthly basis and will provide ongoing community updates.
Comparison reports will be issued halfway through the competition by CAST to keep the
challenge competitive to the end. The BYOB Challenge is being initiated following the
success of a challenge between Telluride and Aspen in 2008. Between Memorial Day
and Labor Day, the two towns eliminated the use of an estimated 140,359 single -use
shopping bags. The benefits of reusable bags are numerous, according to Bertuglia.
"For example, each time you use a reusable bag, you replace three plastic bags. In
addition to the energy, water and waste savings, you also prevent the use of chemicals
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that are often carcinogenic and end up as pollutants in our air, water and soil. Plus, the
more you use those reusable bags, you inspire others to think green .... don't forget to
bring them with you!" Posters, plus newspaper, television and radio announcements, will
be used to spread the word about the program. Shoppers will be able to identify
participating grocers and retailers by the presence of the 2009 CAST Reusable Bag
Challenge poster, which will be posted at the entrance. Rogers asked if Council would
entertain an idea to tax plastic grocery bags. Rogers moved to approve the resolution
with Hitt seconding. Michael Cacioppo expressed displeasure with the idea of the
proclamation. The motion passed unanimously, 6 -0. Daly left the meeting.
Daly left the meeting.
The third item on the agenda was the Town Manager's Report.
a. A discussion to seek direction on whether to prepare a feasibility study of expanded
public parking at Ford Park.
Zemler asked Council to approve, approve with modifications, or deny a staff request to
prepare a feasibility study of expanded public parking at Ford Park. On November 18,
Council adopted its 2008 -2009 Strategic Work Plan. As part of the Parking/Transportation
section, the work plan includes the "Creation of a Parking Feasibility Master Plan Exploring
Alternatives" which more specifically includes the plan to "Review Ford Park as the Town
option of meeting the parking demand now" and a 2009 first quarter action item to
"Complete the Ford Park study and determine the direction the Town will pursue to construct
near -term parking expansion." Zemler then recommended Council instruct staff to prepare
a feasibility study of expanded public parking at Ford Park. Foley encouraged the public to
provide input on the topic. Gordon moved to approve the request with Rogers seconding.
Zemler said, "What we are looking at is... Does it actually physically work... Is it even
possible." If built, Gordon spoke in support of making Ford Park parking available to locals
so as to free up the parking structures for guests. During a pause for public comment Vail
Homeowner's Association representative Jim Lamont commented, "We have done a good
job of utilizing the park in the summer and have done a very poor job of utilizing the park in
the winter... What facilities can we add to Ford Park that do not substantially add to parking
and help make this park a more 365 day a year park ?" Allan Kosloff said he did not believe
a parking structure at Ford Park would have to be visually obtrusive. Zemler said the
objective was no net loss of recreational facilities. The motion passed unanimously, 6 -0.
Zemler then complimented the Vail Fire Department for a recent response to a emergency
call a the Vail Athletic Club.
b. Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported when all sales tax
returns are received for the month of January, collections for the month are expected to
be $2,610,515, down 12.3% from January, 2008 and 6.5% down from the revised 2009
budget. The ski season so far (Jan — Nov) is down 8.7% from last ski season. Inflation
as measured by the consumer price index was flat, or 0% for the month of January
compared to prior year. Use tax collections as of February 26, 2009, total $9,899. 2008
collections totaled $608,483 of revenue. Construction permit revenue through February
24 totals $132,000, up 75% from 2008. The increase in activity from the prior year is
due to major redevelopment projects with continued permit fees during construction (not
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from new building permits). Major redevelopment projects make up 81% of the total.
Revenue from non -major projects is down 47% from 2008. Real Estate Transfer Tax
(RETT) collections through February 24, 2009, total $260,978. This amount is a 75%
decrease from last year's February due to both major and non -major redevelopment
projects. At this time last year, the town had collected over $620K in RETT from sales of
major redevelopment projects such as Arrabelle, Forest Place and the Vail Plaza. Year -
to -date 2009 has seen limited sales from major redevelopment projects and is down
90 %. Collections not related to major projects year -to -date are 36% down from this time
last year. Pass sales through February 24 total $33,250, down 2.5% from 2008. Year -
to -date daily sales (from parking structures) total $1.7 million, up 5.9% from the first two
months of 2008. Please note there is one Saturday yet this month not included in the
above total.
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The fourth item on the agenda was the Consent Agenda.
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a. Approval of 02.03.09 & 02.17.09 Town Council Minutes.
j Gordon moved to approve section a. of the consent agenda with Foley seconding. The
motion passed unanimously, 6 -0.
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b. The applicant, Eagle River Water and Sanitation District ( ERWSD), requested
j permission to proceed through the development review process to allow for the
installation of perimeter fencing around the Gore Valley water storage tank on Town of
Vail owned property located at 5004 Snowshoe Lane.
In 2002, the Federal Public Health Security and Bioterrorism Preparedness and Response
Act required, in part, that communities conduct a drinking water vulnerability assessment as
administered by the Environmental Protection Agency (EPA) with direction from the
Department of Homeland Security. The ERWSD conducted this required Vulnerability
Assessment which specifically noted that the Gore Valley water storage tank should have
perimeter fencing for water supply protection. The State of Colorado Department of Public
Health and Environment recommended the ERWSD install this fence to protect Vail's public
water supply. Since portions of the existing water storage tanks are located on Town of Vail
property, the applicant had to first obtain Vail Town Council (i.e. property owner) approval
before proceeding through the town's development review process for the new fence. The
Community Development Department recommended Council approve the applicant's
request to proceed through the development review process. Hitt asked if there were any
covenants that prevented fences on the parcel. Rogers asked if the project would be a
financial burden to the town in any way. ERWSD Water Manager Todd Fessenden said
another driver for the fence is public safety and there was heavy pedestrian traffic in the
area. Rogers asked if the District had considered using security cameras. Foley asked if
more landscaping would be located in the area. Hitt clarified the fence would be partially
camouflaged. Newbury moved to approve the request with Foley seconding. The motion
passed unanimously, 6 -0.
The fifth item on the agenda was a Proposed Chamonix Employee Housing Action
Plan.
Housing Coordinator Nina Timm reported in 2008, the Town of Vail adopted the
Chamonix Master Plan and rezoned the Chamonix Property to the Housing (H) District
to allow for the development of deed restricted employee housing units. The Chamonix
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Master Plan calls for approximately 58 deed restricted, for -sale employee housing units.
In order to ensure project success, the town has completed a cost validation study and
has engaged EPS to provide the town with a site specific market analysis. The
proposed action plan builds upon all of the previous work and establishes the steps and
timeline to be prepared to issue a Request for Proposals (RFP) to develop employee
housing at the Chamonix Property. Timm said an immediate priority would be working to
get Federal Housing Authority (FHA) and Fannie Mae deed restricted housing approval.
She also suggested engaging an architectural firm to develop a design vision. Zemler
said there are a lot of people looking for work so the town would be able to receive a
very competitive RFP for work. Rogers and Cleveland expressed concern that
architectural design would not be tied to cost. Cleveland commented, "What we haven't
come to terms with is how much appetite does this Council have to stomach the
subsidies on this project." Foley said he didn't feel the need to create a new vision for
the project as it already existed. Hitt moved to instruct staff to move forward with the
proposed Chamonix Employee Housing Action Plan, except the vision and RFP steps
with Rogers seconding. The motion passed unanimously, 6 -0.
The sixth item on the agenda was the Town Council's short list announcement for potential
! Timber Ridge Redevelopment teams.
On December 18, 2008, the town issued a Request for Qualifications and Proposals
(RFQ /P) for the redevelopment of one -half of Timber Ridge Village Apartments. Ten teams
responded to the town's RFQ /P. The town established the nine member (Vail Local
Housing Authority and town staff) Timber Ridge Redevelopment Advisory Committee to
review the proposals and make a recommendation to Council. Council reviewed all of the
proposals and received the Review Committee's recommendation. Based upon Council's
review and the recommendation provided, Council will be establishing a short list of six
potential development teams to be invited to participate in oral presentations and interviews.
Hitt moved to table the item with Rogers seconding. The motion passed unanimously, 6 -0.
The committee will bring their next round of recommendations to Council on April 21 sc
The seventh item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals,
Vail Town Code, of the Town of Vail PEC's decision to approve a major exterior
alteration application, pursuant to Section 12 -71-1-7, Exterior Alterations or Modifications,
Vail Town Code, to allow for the redevelopment of the property known as the "North Day
Lot" with a multiple unit employee housing project, located at 600 West LionsHead
Circle /Part of Lot 1, Block 1, Vail LionsHead Filing 3.
Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused
himself from the item and left the room. On February 17, 2009, Council "called -up" (i.e.
appealed) the decision of the PEC by a vote of 7 -0 -0. The reason cited for the call -up
was to consider the conditions placed upon the approval by the PEC. Vail Resorts
representative Michael Brekka descriptively covered the project's past and proposed
timeline. He reported the proposed start date for the project would be on or about April
in 2010. Hitt asked if there was anything the town could do to speed up the beginning
construction date. Brekka said beginning the project during the winter would have a
severe impact on the community. Rogers moved to approve the request with Newbury
seconding. During a pause for public comment Susie Huxford asked if project
construction would interrupt pedestrian access between the pedestrian bridge and
LionsHead. In regard to the delay in providing employee housing required by the Core
Site Agreement, Foley commented, "I feel like it's a real slap to the community."
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Newbury also said she was very disappointed in Vail Resorts. Hitt said it was the right
thing to do for the town to try and put a transit center on the site, although those efforts
delayed the project. The motion passed 4 -1, with Foley opposed.
The eighth item on the agenda was Ordinance No. 2, Series of 2009, an Ordinance
Amending Title 6, Chapter 3, of the Vail Town Code Regarding the Offense of Disturbing
the Peace in the Town of Vail.
Text messaging and email have become a regular and consistent form of media and
communication in the United States and elsewhere. This kind of communication can be
abused and used for the purpose of harassing others. This type of harassment is
already prohibited by Colorado State Statute. Rogers moved to approve the ordinance
with Foley seconding. The motion passed unanimously, 6 -0.
The ninth item on the agenda was 2009 Budget Adjustments; Second Reading of
Ordinance No. 5, Series 2009, an ordinance making budget adjustments to the Town of
Vail General Fund, Capital Projects Fund, and Heavy Equipment Fund of the 2009
Budget for the Town of Vail, Colorado; and authorizing the said adjustments as set forth
herein.
Due to the decline in construction and concern with sales tax revenue, the Town
Manager proposed adjustments to the 2009 Budget which was passed on November 18,
2008. Newbury moved to approve the ordinance with Rogers seconding. Foley thanked
Council for not reducing the Commission on Special Events (CSE) allocation. Cleveland
j said he would vote against the ordinance as he believed the CSE should be treated as
all other components of the organization. The motion passed 5 -1, with Cleveland
opposed.
The tenth item on the agenda Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 8:10 p.m. The motion
passed unanimously, 6 -0.
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: Dick Cleveland, Mayor
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Vail Town Council Meeting Minutes
Tuesday, March 17, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Kim Newbury
Kevin Foley
Margaret Rogers
Andy Daly
Not present: Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Local hotelier Keith Ozda, speaking on behalf of a citizen's committee in regard to the
town's conference center funds, said the committee supports the hiring of hospitality
industry expert James Chung to explore opportunities for health and wellness related
facilities and programs in the town.
Rich Self asked for the discussion in regard to a proposed amendment to the Vail Village
Master Plan to be rescheduled with adequate two week notice.
Vail Symposium representative Rob Levine announced that on April 17 at the Westin
RiverFront Hotel in Avon, a collaboration of 11 non - profit organizations would host a
single symposium event. He reported all organizations had "life long learning" in their
mission statement.
Paul Rondeau asked for Vail Recreation District (VRD) participation in the town's Annual
Community Meeting. He then emphasized a perceived need for the town to do more to
make property tax bills more transparent.
The second item on the agenda was the Town Manager's Report.
Nothing was reported.
The third item on the agenda was the Determination of 2008 Direct Report Merit Raises.
j Cleveland said Council only has three employees. Those are the Town Manager, Town
Attorney, and Municipal Judge. He reported all three requested to decline their merit
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raises for 2008. Daly said he appreciated the employee's gestures. Rogers said, "You
guys are the ones left holding the bag I think ... And when the tide turns I would like to
return this to them as soon as we can." Gordon emphasized it was Council's
responsibility the raises were not received in 2008 and spoke against accepting the
offers. Daly moved to accept the offers with Rogers seconding. The motion passed 5 -1,
with Gordon opposed.
The fourth item on the agenda was the Review of Vail Village Dispersed Loading and
Delivery Pilot Program and Consideration of Short-Term and Long -Term
Recommendations.
Community Information Officer Suzanne Silverthorn asked Council to review the
recommendations regarding loading and delivery policies in Vail Village and approve or
modify as needed. Since January 9, 2009, a pilot program for loading and delivery in Vail
Village has been underway following Council's approval on November 18, 2008. The
pilot program has represented a key milestone in the town's efforts to facilitate a
dispersed loading and delivery network in Vail Village using a combination of
underground delivery bays, including the newly- opened Mountain Plaza facility with its
13 public bays and on- street loading zones. Up to four additional public loading and
delivery bays are under construction at Solaris and will be opened in 2010 to complete
the Village core public improvements for loading and delivery. Dispersed operations
have been underway in LionsHead since June 2008 with the opening of six public
loading and delivery bays at the Arrabelle at Vail Square.
Loading and Delivery policies for Vail Village have been approved for the remainder of
ski season and into summer following a review of the village core pilot program by the
Vail Town Council on March 17. Rogers moved to approve the staff recommendation
with Gordon seconding. The motion passed unanimously, 6 -O.The adopted policies are
as follows:
Village Core Policies
• On- street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and
from 4 a.m. to 10:30 a.m. on Gore Creek Drive.
• 5- minute, attended vehicle skier drop -off available on Hanson Ranch
Road across from the Christiania Lodge from 6 a.m. to 6 p.m. Loading and
delivery available for 30 minutes of unattended parking for vehicles less than
20 feet in length from 6 p.m. to 2 a.m. No parking from 2 a.m. to 6 a.m.
• Permit only parking available at the Mill Creek Court Building loading
zone for vehicles less than 20 feet in length from 6 a.m. to 6 p.m. No parking
from 6 p.m. to 6 a.m.
• Designated zones for use by couriers (USPS, UPS, Fed Ex):
o Gore Creek Drive, north side, east end of Gorsuch Building from 6
a.m. to 6 p.m.
o Two spaces at the south end of the Willow Bridge Road loading
zone (next to Checkpoint Charlie) from 10:30 a.m. to 6 p.m.
o East Meadow Drive in front of Vail Boot and Shoe from 8 a.m. to 6
p.m.
• Outlying, dispersed loading and delivery available from 6 a.m. to 6 p.m.,
including use of the Mountain Plaza facility with 13 public bays.
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• In the event of a closure on Vail Pass, on- street delivery hours will be
extended as needed. The list of numerous exceptions developed previously
will apply, as well as the Code of Conduct for drivers.
• Continue police education and facilitation program using enforcement
measures when appropriate and warranted.
In addition to the policies outlined above, Council authorized a new pilot program and
additional coordination by town staff to address issues on East Meadow Drive as follows:
East Meadow Drive Pilot Program, March 18 to July 7, 2009
• On- street delivery available within specific loading areas on the north side from 5
a.m. to 8 a.m. Delivery drivers will implement the techniques identified in the
Code of Conduct to reduce noise impacts. Drivers will enter from the east from
Village Center Chute or Checkpoint Charlie to access and must not impede bus
service which begins at 6 a.m. No parking next to La Bottega at any time;
violators will be ticketed. See Checkpoint Charlie for a map indicating the location
of these interim loading zones.
East Meadow Drive Collaborative Efforts
• Work with private property owners and delivery drivers to pursue increased use
of existing on -site loading zones.
• Explore the concept of a lift to connect the lower level of the Vail Plaza Hotel
loading and delivery area to the Village Inn Plaza commercial core area as well
as all other possibilities to facilitate ease of deliveries from the Vail Plaza Hotel
loading facility. Determine town's role in funding such improvements with a plan
for equitable reimbursement.
• Work with affected parties to prepare a recommendation for incremental
adjustments in the loading and delivery policies to accommodate the future use
of loading docks at Solaris on East Meadow Drive which will open in 2010.
Other Actions
• Work with affected parties to design a permanent solution for loading spaces on
Gore Creek Drive east of Bridge Street to address acknowledged deficit.
• Amend delivery regulations for summertime use if necessary. Discussion would
occur during July 7 Town Council review.
Next Steps
• Continued monitoring of loading and delivery policies by town staff with interim
adjustments and increased enforcement where necessary.
• Reconvene Loading & Delivery Working Group and other interested parties in
June 2009 to evaluate pilot program and identify other issues for Town Council
consideration.
• Present update to Town Council on July 7, 2009.
Community Development Director George Ruther clarified Village Inn businesses have
benefited from the contemplated improvements. In regard to a proposed lift at the Vail
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I Village Inn, Ruther commented, "Hopefully we can et better cooperation with the
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property owner... In the past it has primarily been a financial issue." United States Postal
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Service representative James Armstrong spoke in support of staff's recommendation
and applauded their efforts. Herman Staufer said the Village Inn Homeowner's
Association (Phases II & III) should have a representative present to clarify the reasons
for not allowing improvements (the aforementioned lift) to be made on Village Inn
property. Vail Homeowner's Association representative Jim Lamont said the lift proposal
was a band -aid and not a qualitative solution. "We need to understand there are
solutions here but we are going to have to sit down and find the more practical
solutions... The goal here is to maximize the use of the building's loading and delivery
facilities." Village Inn Phase V property owner Richard Leibhaber clarified Vail Village
Inn Phase V has had nothing to do with limiting access to Phase III and Phase II. He
said he believed the staff proposal was making a concession to the vendors. "I don't feel
the vendors have acted in good faith and I certainly don't want to see them rewarded."
Phase V owner Hubert Wagner said the relationship with the Village Inn owners and the
Vail Plaza Hotel was very poor during the construction of the Hotel. Herman Staufer
then offered what he believed to be alternative solutions for courier deliveries. Local
hotelier Johannes Faessler said he had heard no noise complaints caused by the
delivery position located immediately south of La Bottega Restaurant although he did
encourage moving the loading area farther to the east. Phase V owner Chris Anderson
encouraged moving the La Bottega delivery area farther east. Cleveland emphasized the
town thrives on service and must mitigate as much noise and congestion for the
residential property owners.
The fifth item on the agenda was the Building & Fire Code Appeals Board (B &FCAB),
Design Review Board (DRB),Planning and Environmental Commission (PEC), Liquor
Licensing Authority (LLA), and Art in Public Places (AIPP) Board Appointments.
1) Appoint three applicants to the PEC for a term of two years each (through March 31,
2011).
2) Appoint two applicants to the DRB for a term of two years each (through March 31,
2011).
3) Appoint two applicants to the AIPP for a term of three years (through March 31,
2012) **
4) Appoint one applicant to the LLA for a 2 -month term ending June 30, 2009.
5) Appoint one applicant to the B &FCAB for a term of five years (through March 31,
2014).
There were three vacancies for PEC, two vacancies for DRB; two vacancies for AIPP;
one vacancy for LLA, and one vacancy for the B &FCAB. The Town received six (6)
applications for the PEC; three (3) applications for the DRB vacancies; two (2)
applications for the AIPP; one (1) application for the LLA vacancy; and two (2)
applications for the B &FCAB. Incumbent members of the PEC, DRB, AIPP, LLA, and
B &FCAB are noted by asterisks below. Council interviewed each applicant at the work
session and then was asked to appoint three applicants to the PEC; two applicants to
the DRB; two applicants to the AIPP, one applicant to the LLA and one applicant to the
B &FCAB, at the evening meeting. The applicants are as follows:
PEC: DRB: AIPP:
Pamela Hopkins
Stephen Katz Thomas Du Bois* Dorothy Browning*
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Michael D. Kurz* Brian Gillette* Brittany Kennedy
Scott Lindall Michele Kobelan
Scott Proper*
David Viele*
LLA: B &FCAB:
i K.J. Williams Thomas Du Bois*
Steven Loftus
Newbury moved to appoint Browning and Kennedy to the AIPP with Daly seconding.
The motion passed unanimously, 6 -0.
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Daly moved to appoint Williams to the LLC with Newbury seconding. The motion
passed unanimously, 6 -0.
j Daly moved to appoint Kurz, Lindall and Viele to the PEC with Newbury seconding
PEC. The motion passed unanimously, 6 -0.
Foley moved to appoint Loftus to the B &FCAB with Newbury seconding. The motion
passed unanimously, 6 -0.
Foley moved to appoint Du Bois and Gillette to the DRB with Daly seconding. The
motion passed unanimously, 6 -0.
The sixth item on the agenda was a Request for permission to proceed through the
Town's development review process with a proposal to replace an existing egress path,
located on Town -owned property, located on Tract I, Block 5E, Vail Village Filing 1,
adjacent to Talisman Condominiums at 62 East Meadow Drive (Tract K -L, Block 5E, Vail
Village First Filing).
Planner Rachel Friede requested Council approve, approve with conditions, or deny the
applicant's request for permission to proceed through the development review process
for improvements on town -owned property. The Talisman Condominium Association is
required to have egress from the dwelling units on the south side of the building per
applicable building and fire codes. The Talisman built a stone path around the time of
initial construction in 1971. In 1997, the Talisman Condominium Association received a
revocable right -of -way permit from the town for installation of a new concrete path and
fence, although the existing path and fence were maintained. While the improvements
are in the Gore Creek stream setback, they are legally non - conforming and may
continue to exist so long as the non - conformity does not increase. Friede recommended
Council approve with conditions, the applicant's request to proceed through the
development review process, with the following conditions:
1. The applicant shall construct an egress path as close to the applicant's property as
possible, and with the minimum width required to meet applicable building codes.
2. The applicant shall remove the fence constructed on town -owned property.
3. The applicant shall utilize a material that is more permeable than the existing
concrete, such as flagstone or a similar material.
4. The applicant shall enter into an easement agreement with the Town of Vail in a
form deemed suitable by the Town prior to final inspection of the improvements.
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i Gordon clarified nothing proposed should negate the possibility of a future stream walk
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on the site. Cleveland emphasized the agenda item was strictly a request for permission
to proceed and any desired conditions of approval from Council should come later after
the proposal is reviewed by the DRB and PEC. Talisman property owner Bill Amos said
he wanted the area to look nice again but he didn't want to go through a lot of arduous
process. Foley moved to approve the request with Newbury seconding. Gordon said
he thought it was his job to protect the rights of all Town of Vail property owners. The
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motion passed unanimously, 6 -0. The motion was passed with no attached conditions.
The seventh item on the agenda was the First reading of Ordinance No. 3, Series of
2009, an ordinance adopting prescribed regulation amendments, pursuant to Section 12-
3 -7, Amendment, Vail Town Code, to Section 12 -61 -8, Parking and Loading, Vail Town
Code, to amend parking requirements in the Housing (H) zone district.
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Planner Nicole Peterson and Housing Coordinator Nina Timm explained the previous
direction of Town Council and the Vail Local Housing Authority (VLHA). The Community
Development Department has prepared amendments to the parking requirements in the
Housing (H) zone district to reflect this direction. The purpose of the amendments is to
create predictable, quantifiable and enforceable policies that replace discretionary
review with a more predictable process that eliminates confusion and delays in the
review process for the town and the developer. On February 9, 2009, the PEC held a
meeting to forward a recommendation to Council for Ordinance No. 3, Series of 2009. A
motion to recommend approval of Ordinance No. 3, Series of 2009, failed with a tie vote
(3 -3 -0 Proper, Kjesbo and Tjossem opposed). Timm and Peterson emphasized the
ultimate goal of the ordinance was to provide developers with a predictable and timely
understanding of any reduction in parking requirements. Rogers wants to ensure the
option for a parking reduction greater than 25% is available under special
circumstances. Daly asked why the group focused on per unit as opposed to per bed
requirements. "The change that is driving parking demand is the number of beds not the
number of units... We have situations in Timber Ridge redevelopment proposals where
eight beds exist in a unit... So why wouldn't we look at a per bed zoning direction."
Newbury said she believed parking requirements were not driving developer decisions
regarding unit mix but rather meeting their employee housing requirements. Zemler
expressed concern about current Timber Ridge redevelopment responses to the
Request for Proposals (RFP) that was issued by the town. Zemler has requested
responses based on today's parking requirements. Daly emphasized he just wanted to
measure demand most accurately. Rogers moved to table the item until April 21 with
Daly seconding. Cleveland questioned the inclusion of bicycle parking. During a pause
for public comment, local hotelier Johannes Faessler said he believed parking
requirements should emphasize smaller units housing fewer people. "This will
encourage quality housing not quantity housing." Municipal Court Judge Buck Allen said
he was aware of parking shortages occurring at a Breckenridge affordable housing
complex. "It really doesn't work very well... If you are going to have employees they are
going to have cars and it's something you might want to look at." The motion passed
unanimously, 6 -0.
The eighth item on the agenda was the First reading of Ordinance No. 7, Series of
2009, an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006,
establishing Special Development District (SDD) No. 39, Crossroads.
On March 9, 2009, the PEC held a public hearing on a request for a major amendment
to SDD No. 39, Crossroads to increase the maximum allowable number of dwelling units
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from 77 to 78 dwelling units, located at 141 and 143 Meadow Drive, and setting forth
details in regard thereto. Upon review of the request, the PEC voted 6 -1 -0 (Pierce
opposed) to forward a recommendation of approval of the request to amend SDD No.
39, Crossroads to Council. Warren Campbell reported the applicant requested the item
be tabled. Rogers then moved to table the item until April 21 with Daly seconding. The
motion passed unanimously, 6 -0.
The ninth item on the agenda was Resolution No. 7, Series 2009, a resolution adopting
an amended budget and making appropriations to pay the costs, expenses and liabilities
of the Vail Local Marketing District (VLMD), for its fiscal year January 1, 2009 through
December 31, 2009.
Vail Local Marketing District Advisory Committee (VLMDAC) Treasurer John Dawsey
asked Council to adopt the amended budget and appropriate an additional $104,000 that
was collected in 2008 but not budgeted in 2009 for marketing related expenditures
beginning on the first day of January 2009 and ending on the 31 day of December
2009. Dawsey explained that contingencies arose during the fiscal year 2009 which
could not have reasonably been foreseen or anticipated by the VLMDAC at the time it
enacted Resolution No. 17, Series 2008, adopting the 2009 Budget for the VLMD. Daly
moved to approve the resolution with Rogers seconding. Foley said he would vote no
because he believed the VLMD should directly fund some portion of special events. The
motion passed 5 -1, with Foley opposed.
The tenth item on the agenda was Resolution No. 8, Series 2009, a Resolution
Approving an Amendment to the Core Site Employee Housing Agreement between the
Town of Vail and the Vail Corporation.
Due to a predetermined conflict of interest (affiliation with Vail Resorts) Gordon recused
himself from the item and left the Council Chambers. On December 11, 2007, the
Council passed Resolution No. 29, Series 2007 authorizing the town to enter into a Core
Site Employee Housing Agreement with the Vail Corporation d /b /a Vail Associates, Inc.
(VR) regarding VR's employee housing obligations required in connection with VR's
development of the Arrabelle at Vail Square project (the "Core Site Housing
Requirements "). The town and VR have mutually determined the development site
owned by VR and commonly known as the "North Day Lot" will constitute an acceptable
site for developing a project to comply with the Core Site Housing Requirements, and
VR presently intends to proceed with the development for that purpose on the North Day
Lot. The town has given requisite development approvals for the North Day Project by
actions of the PEC on February 4, 2009 (with modified conditions adopted by Council on
March 3, 2009), and of the town's DRB on February 18, 2009. The agreement
establishes a date for which a building permit must be obtained and construction must
commence for the North Day Project. The town and VR mutually agreed to amend the
agreement as it relates to the construction commencement date. Newbury moved to
approve the resolution with Rogers seconding. Foley said, "It is unconscionable we (the
town) have to wait four years to see the employee housing requirement for the Arrabelle
met." Newbury echoed Foley's comments. The motion passed 3 -2 with Foley and Daly
voting in opposition.
The eleventh item on the agenda was Consideration of an extension to the Development
Improvement Agreement by and between the Town of Vail and OHP Vail One, LLC for the
redevelopment of the LionsHead Parking Structure.
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Town Attorney Matt Mire explained the town and OHP Vail One LLC entered into a
Development Improvement Agreement (DIA) on October 16, 2007, for the redevelopment of
the LionsHead Parking Structure. The agreement sets forth the rights and obligations of the
Parties with respect to the proposed mixed use development, including timeframes,
deadlines and target dates for the completion of certain tasks. Pursuant to the terms of the
agreement, the "Project Plan" was required to be submitted by the developer for
consideration by Council by March 15, 2008. Thereafter, the developer requested and was
granted an extension of time, to the permitted contract date of September 15, 2008, for
review of the Project Plan. The amendment approved in September of 2008 provides that if
the deed restriction agreement has not been executed by March 17, 2009, the agreement
shall immediately terminate, unless such target date is extended. Mire then reported the
developer has submitted a request for extension until June 15, 2009. Daly asked if staff had
a recommendation on the matter. Zemler said there were significant physical repairs that
have been put off due to anticipation of the structures redevelopment. "We are increasingly
concerned about the quality of the product... There is a series of things we would want to
begin to undertake... We are also four years into your tax increment financing
capability... The LionsHead Parking Structure area is an excellent location to use tax
increment funds." Rogers clarified extending the agreement would delay some much
needed repair projects. Daly said he did not believe any large project could be realistically
financed within the next five years due to a perceived lackluster residential luxury market
demand. "Is there any point in making a short-term extension... This is not in the best
interest in the town." Zemler clarified he believed any perceived project timeframes would
be purely speculative. "We have things that we should do to that parking structure that we
are delaying." Gordon said he believed the developer was getting closer to having Vail
Resorts release the deed restriction on the LionsHead Parking Structure (a prerequisite to
further redevelopment planning). Cleveland said, "I don't think Mark (the developer) has any
chance of having the deed restriction lifted on the structure... My concern is that we have
serious concerns at that parking structure that need to be addressed... We need to start
taking care of that structure and doing things that need to be done ... I just don't believe that
anything can change in a timeframe that will be suitable to any of us...I feel like we are
grasping at straws for a project that has little chance of coming to fruition." Newbury asked
for a complete list of the immediate maintenance needs of the structure and the costs
associated. OHP representative Mark Masinter said he believed the community believed in
the product approved in the project plan. Masinter said the current mood in capital markets
resembled that which occurred post September 11, 2001 (they turned around in a few
years). "I'm asking you to support the project you supported back in July... We are all
partners in this process...I would ask you to allow us to continue on; nothing has changed."
Gordon moved to grant a 90 day extension with Newbury seconding. Mire said he would
have to return with a resolution to approve the agreement. During a pause for public
comment, Kaye Ferry said she was beyond stunned. "I can't believe anything has changed
that we didn't know in September that we know today ... This guy thought he was walking
into here for an administrative extension... You have a responsibility to extend this." Foley
said he saw no need to add two more luxury hotels in the town. The motion failed, with
Cleveland, Foley and Daly opposed. Gordon then moved to table the granting of the
extension with Foley seconding. The motion passed 5 -1, with Cleveland opposed. Daly
said its time to release the property so the town could regain total control of the property.
The twelfth item on the agenda was Adjournment.
Foley moved to adjourn with Rogers seconding. The motion passed unanimously, 6 -0.
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% ''•••...••'' O Dick Cleveland, Mayor
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ATTEST:
Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, April 7, 2009
6:00 P.M.
Vail Town Council Chambers
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The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
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The first item on the agenda was Citizen Input.
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Vail Chamber & Business Association Director Richard TenBraak introduced himself to
the Council and said he would be willing to help Council in any way.
The second item on the agenda was the Town Manager's Report.
Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported when all sales tax
returns are received for the month of February, collections for the month are expected to
be $2,578,575, down 16% from February, 2008, and 10.4% down from the 2009 budget.
The ski season so far (Nov — Feb) is down 11.3% from last ski season. Inflation as
measured by the consumer price index was flat, or .2% for the month of February
compared to prior year. Use tax collections as of March 31, 2009, total $22,889, a 23%
decrease from this time last year. Full year 2008 collections totaled $608,483.
Construction permit revenue through March 31 totals $172,584, down 56% from 2008,
which is currently pacing with the 2009 budget. The decrease in activity from the prior
year was due to major redevelopment projects underway in 2008. Major redevelopment
projects so far this year make up 76% of the total. Revenue from non -major projects is
down 51% from 2008. RETT collections through March 31, 2009, total $639,175. This
amount is a 67% decrease from last year due to both major and non -major
redevelopment projects. The 2009 budget currently assumes a 31% decrease in annual
revenues. At this time last year, the town collected over $1.1 million in RETT from sales
of major redevelopment projects such as Arrabelle, Forest Place, One Willow and the
Vail Plaza. Year -to -date 2009 has seen limited sales from major redevelopment projects
and is down 75 %. Collections not related to major projects year -to -date are 23% down
from this time last year. Year -to -date daily sales (from the parking structures) total $3.1
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million, up 19% from the first three months of 2008. Parking transactions are flat with
2008.
The third item on the agenda was the Consent Agenda.
a. Approval of 03.03.09 & 03.17.09 Vail Town Council Minutes.
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Hitt moved to approve the minutes without amendments with Foley seconding. The
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motion passed unanimously, 7 -0.
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The fourth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail
s Town Code, of the Town of Vail Planning and Environmental Commission's approval of
a request for a final review of an amendment to an existing conditional use permit,
pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the
extension of an existing temporary business office conditional use permit, located at 450
East LionsHead Circle (Treetops Building) /Lot 6, Vail LionsHead Filing 1
Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused
himself from the item. Planner Bill Gibson then explained that on March 17, 2009,
Council called up the PEC's decision by a vote of 3 -2 -1 (Daly and Rogers opposed,
Gordon recused). The applicant's legal representative Ross Davis asked Council to
approve the extension as the space had not been a successful retail location and the
applicant's tenant had made substantial improvements to the building. Newbury
emphasized, "Why should Vail Resorts get special privilege... Why should they be
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I different than anyone else ?" Hitt said in light of the present economic downturn it would
be prudent to maintain the location as a temporary office space. Hitt moved to uphold
the decision of the PEC with Rogers seconding. Vail Resorts representative Chris
Jarnot said if the appeal were not approved Vail Resorts staff would spread staff
presently located at the TreeTops building into locations throughout Avon and Vail
potentially dislocating local business. Rogers said she felt it was important to maintain
vitality in LionsHead. Foley said it was perturbing that it has taken so long for Vail
Resorts to make good their Arrabelle at Vail Square development improvement
agreements. "The community expected a lot more from Vail Resorts in terms doing what
they said they would do." Cleveland said he thought it was in the best interest of the
community to keep Vail Resorts in town. The motion passed 5 -1 with Newbury opposed.
Newbury explained she did not believe seven years in one location should be
considered temporary.
The fifth item on the agenda was consideration of an extension to Conditions 1 and 2 of
the North Day Lot Major Exterior Alteration conditions of approval.
Town Attorney Matt Mire asked Council if they would consider a motion to extend the
deadline from April 7th to April 21 on Conditions 1 and 2 of the North Day Lot Major
Exterior Alteration conditions of approval. Mire explained, "The town has given requisite
Major Exterior Alteration development plan approvals for developing the North Day Lot
as a multi - family residential project with employee housing units, together with site and
other ancillary or related improvements. Such approvals were rendered by the town's
PEC on February 9, 2009 (with modified conditions adopted by Council on March 3,
2009), and the DRB on February 18, 2009. The Approved Development Plans provide
for a relocation of the Skier Drop -Off Area. The conditions that the extension is being
requested for are as follows:
1. The developer shall submit a permanent easement for the public skier drop -off, in
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a form satisfactory to the town, which establishes the extent, rights, and privileges
associated with the permanent nine - space, public skier drop off, for review and approval
by no later than April 7, 2009.
g 2. The developer shall submit a permanent easement for the potential South
r Frontage Road access point into the site, in a form satisfactory to the town, as depicted
on Sheet C1.01, dated January 30, 2009, for review and approval by no later than April
7, 2009. "
E Due to a predetermined conflict of interest (Vail Resorts Affiliation) Gordon recused
himself from the item and left the Council Chambers. Newbury moved to extend the
deadline to May 5 with Daly seconding. The motion passed unanimously, 6 -0.
The sixth item on the agenda was the consideration of an extension to the Development
Improvement Agreement by and between the Town of Vail and OHP Vail One, LLC for the
redevelopment of the LionsHead Parking Structure.
Mire asked Council to consider a motion to either grant or deny a ninety (90) day extension
to the current Development Improvement Agreement (DIA) between the parties. The town
and Open Hillwood Partners (OHP) entered into a DIA on October 16, 2007 for the
redevelopment of the LionsHead Parking Structure (LHPS). The agreement set forth the
rights and obligations of the parties with respect to the proposed mixed use development,
including timeframes, deadlines and target dates for the completion of certain tasks.
Pursuant to the terms of the agreement, the project plan was required to be submitted by
' the developer for consideration by Council on or before March 15, 2008. Thereafter, the
OHP requested and was granted an extension of time, to the permitted contract date of
September 15, 2008, for review of the Project Plan. The amendment approved in
September of 2008, provides that if the deed restriction agreement had not been executed
by March 17, 2009, the agreement shall immediately terminate, unless such target date is
extended. The developer submitted a request for extension until June 15, 2009. The
Council took formal action on this item and approved a motion to table this decision at the
regular evening meeting on March 17, 2009. Mire said having the deed restriction removed
did not seem like a likely situation. He then recommended Council terminate the terms of
the original agreement made in 2007. OHP representative Mark Masinter said he did not
want the LHPS to be encumbered by the original agreement. Rogers said it was not fair to
burden the property if the redevelopment of the property was not, "Reasonably coming down
the road." Masinter said he was confident his capital partner maintained a significant
amount of wealth. Daly said it was not prudent to continue to encumber the property. "I
would like to have the ability to build this when the time is right." Masinter responded, "I don't
think I should be kicked to the curb for what is happening in a macro environment."
Gordon said the project was something the community overwhelmingly bought into."
Gordon then emphasized, "We need to keep the process honest, open and transparent.
Gordon then moved to approve the extension of the agreement with Hitt seconding.
Cleveland said he was in favor of completely refashioning an agreement and starting from
scratch. He then asked for annual compensation for OHP's right to encumber the town.
Hitt commented, "Lets get some sort of agreement in place... Masinter has done everything
the Council or community has asked of him." During a pause for public comment, local
hotelier Rob Levine spoke in agreement of Hitt's comments. Former Vail Council Member
Greg Moffet stated, "OHP has been a paragon of good faith ... The last thing you want to do
in this economy is hang a 'closed' sign on this town." Rogers said the "devil's going to be in
the details" if the new agreement gets done. The motion passed 6 -1, with Daly opposed.
The matter will be seen again by Council during the second meeting in June.
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The seventh item on the agenda was the first reading of Ordinance No. 9, Series of
2009, an Ordinance Amending Title 1, Administration, Vail Town Code by the Addition if
a New Section, "Restitution Orders" to Chapter 4, General Penalty.
Mire explained the Vail Municipal Court requires the ability to impose restitution in criminal
actions where a defendant has been adjudged guilty for violating an ordinance of the town
for any actual damage or loss caused by the offense or infraction for which the conviction or
judgment of liability was had. The victim of a crime is entitled to be compensated for his /her
losses and hereby finds that it is in the best interest of the citizens of the town to revise the
Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders"
to Chapter 4, General Penalty. Newbury moved to approve the ordinance with Rogers
seconding. The motion passed unanimously, 7 -0.
The eighth item on the agenda was Resolution No. 9, Series of 2009, A Resolution to
Establish the 2009 Employee Housing Fee -in -Lieu for Commercial Linkage and
Inclusionary Zoning.
On April 4, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing
Chapter 23, Commercial Linkage, and Chapter 24, Inclusionary Zoning, Vail Town Code.
In accordance with Sections 12 -23 -5 and 12 -24 -6, the fee -in -lieu for each employee to
be housed and for each square foot of employee housing required shall be established
annually by resolution of the Vail Town Council. For 2009, the fee -in -lieu per employee
to be housed is $329,206 and $398.65 per square foot. Rogers moved to approve the
resolution with Gordon seconding. Daly asked to create some predictability in the
resolution and suggested using a three year moving average for the median price per
square foot for Vail's real estate. Rogers said she thought the formula would give
developers the encouragement to build housing themselves as opposed to the town
having to provide it. The motion passed, 7 -0.
Zemler explained Colorado Senator Mark Udall would be speaking in Vail the next
afternoon. He then suggested Udall might mention some recent legislation concerning
approved uses of leased United States Forest Service ski areas. He recommended
Council not comment but rather allow the Colorado Association of Ski Towns (CAST)
comment jointly. Vail Resorts representative Chris Jarnot said Vail Resorts was in favor
of the bill that was introduced. "The legislation that is currently in place really doesn't
allow for snowboarding ... This is an opportunity to consider different types of activities
particularly during the summer... This is a great step toward adding new great activities
on forest service land." Council agreed to follow Zemler's recommendation.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn at approximately 7:20 p.m. with Hitt seconding. The motion
passed unanimously, 7 -0.
Dick Cleveland, Mayor
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ATTEST: /
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Lorelei Donaldson Town Clerk ••'• •••••�
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Vail Town Council Meeting Minutes
Tuesday, April 21, 2009
6:00 P.M.
Vail Town Council Chambers
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The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Not present: Farrow Hitt
Kim Newbury
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Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
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I The first item on the agenda was Citizen Input.
There was none.
The second item on the agenda was the Town Manager's Report.
Nothing was reported.
The third item on the agenda was the Planning & Environmental Commission
(PEC) /Design Review Board (DRB) Update.
During a review of the most recent meetings of the PEC and DRB, Chief of Planning
Warren Campbell answered questions regarding the latest proposals to go before the
two boards. No items were discussed in detail.
The fourth item on the agenda was the Information Update.
Nothing was reported.
The fifth item on the agenda was Matters from Mayor & Council.
Council made comments earlier in the day.
The sixth item on the agenda was the First reading of Ordinance No. 7, Series of 2009,
an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006, and amending
Special Development District (SDD) No. 39, Crossroads.
On March 9, 2009, the PEC held a public hearing on a request for a major amendment
to SDD No. 39, Crossroads. The purpose of the major amendment is to increase the
maximum allowable number of dwelling units from 77 to 78 dwelling units. Upon review
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of the request, the PEC voted 6 -1 -0 (Pierce opposed) to forward a recommendation of
approval of the request to Council. On March 17, 2009, the Vail Town Council tabled the
first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April
21, 2009, public hearing. The PEC recommended Council approves Ordinance No. 7,
Series of 2009, on first reading. Staff did not support another tabling of this application.
Gordon moved to table the item until May 19, with Foley seconding. The motion passed
unanimously, 5 -0.
The seventh item on the agenda was the First reading of Ordinance No. 8, Series of
2009, An Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Dispatch Services Fund, Heavy Equipment Fund and Debt Service Fund of the 2009
Budget for the Town of Vail, Colorado.
Town Manager Stan Zemler asked Council to approve the ordinance knowing he would
return at second reading with a summary of the town's commitments and proposed
projects. Gordon moved to pass the ordinance with Daly seconding. The motion
passed unanimously, 5 -0.
The eighth item on the agenda was the Second Reading of Ordinance No. 9, Series of
2009, an Ordinance Amending Title 1, Administration, Vail Town Code by the Addition if
a New Section, "Restitution Orders" to Chapter 4, General Penalty.
The Vail Municipal Court requires the ability to impose restitution in criminal actions where a
defendant has been adjudged guilty for violating an ordinance of the Town for any actual
damage or loss caused by the offense or infraction for which the conviction or judgment of
liability was had. The victim of a crime are entitled to be compensated for their losses and
hereby finds that it is in the best interest of the citizens of the Town to revise the Town Code
by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4,
General Penalty. Rogers moved to approve the ordinance with Daly seconding. The motion
passed unanimously, 5 -0.
The ninth item on the agenda was the Review of the proposed South Frontage Road
Relocation Application (Ever Vail).
Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused
himself item and left the Council Chambers. The Vail Resorts Development Company
(VRDC) is proposing to realign the South Frontage Road. As this road is owned and
operated by the Federal Highway Administration (FHWA) via CDOT, the relocation must
be approved by CDOT /FHWA. According to adopted CDOT application policies and
procedures, the relocation application must be submitted by the town as the local
government agency. All costs associated with the application and its review will be
reimbursed to the town or paid directly by VRDC. Staff emphasized that an
endorsement of the South Frontage Road relocation application submittal was not an
approval of a development plan to construct the road and was only an acknowledgment
of preliminary acceptance of the design drawings. Vail Resorts representative Tom
Miller provided an overview of the proposal. During a pause for public comment John
Moore spoke in support of the road's realignment. Daly clarified approval of the request
was not approval for the Arrabelle Project. Daly moved to approve the application with
Rogers seconding. The motion passed 3 -1, with Foley voting against. Foley
encouraged not allowing any further Vail Resorts projects to proceed until commitments
from the Arrabelle at Vail Square Development Improvement Agreement are fulfilled.
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The tenth item on the agenda was Resolution No. 10, Series 2009, a resolution approving
an Intergovernmental Agreement (an "IGA ") between the Town of Vail, Colorado and the
Colorado Department of Transportation ( "CDOT ") regarding the design of the relocation of
the Vail Interstate 70 Frontage Road from Milepost 174 to Milepost 176 as part of what is
referred to as the "Ever Vail" project.
Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused
himself and left the Council Chambers. As part of the Ever Vail project the town and CDOT
will consider an initial design for the relocation of the Vail 1 -70 Frontage Road from Milepost
174 to Milepost 176 referred to as the "Ever Vail" project. CDOT has estimated the total cost
of the design review services that will be performed by CDOT pursuant to the IGA will be
$20,000.00. The Vail Resorts Development Company (VRDC) will reimburse the town the
full cost of any and all CDOT design review services provided. Rogers moved to approve
the resolution with Daly seconding. The motion passed 3 -1, with Foley opposed.
The eleventh item on the agenda was Adjournment.
Rogers moved to adjourn with Foley seconding at approximately 6:30 p.m. The motion
passed unanimously, 5 -0.
The twelfth item on the agenda was Adjournment.
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Dick Cleveland, Mayor
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Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, May 5, 2009
( 6:00 P.M.
Vail Town Council Chambers
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The regular meeting of the Vail Town Council was called to order at
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approximately 6:00 P.M. by Mayor Dick Cleveland.
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Members present: Dick Cleveland, Mayor
! Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Kim Newbury
Not present: Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Wayne Glass of Bond appeared before the Council as a follow up to a staff
memorandum that was included in the Council's packet regarding his interest in creating
a business to provide Segway (balancing scooter) tours along Vail's recreation paths.
Balancing scooters are currently prohibited on bike and pedestrian paths in Vail because
they're considered to be a motor- driven cycle. Glass asked the Council to consider
amending the town code prior to enactment of a new Colorado law that would
grandfather such use if enacted within 30 days. The Council directed staff to add the
topic as an agenda item for the next available work session.
Darrell Bangert from Twin Lakes asked the Council to support the use of Segways on
the recreation paths, noting he was also interested in renting Segways. Bangert said he
took a Segway tour in Chicago recently where the activity proved extremely popular.
Robin Henzler, director of Children's Garden of Learning, and Cindy Lagace, director of
the Vail Child Care Center, presented an Early Childhood Champion award to the Town
of Vail for being an advocate of early childhood education. The town was selected for the
award by child care professionals in Eagle County. Lagace also was an award recipient
for inspiration in early childhood care and education.
The second item on the agenda was the Vail Youth Recognition Award.
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The Council recognized winners of the Vail Youth Recognition Award, which is
sponsored by the Town of Vail and the Vail Valley Exchange. The recipients are Eleanor
Cahill of Battle Mountain High School and Cynthia Edgerton of Vail Mountain School.
The purpose of the award is to recognize and reinforce outstanding achievement by
youth of the upper Vail Valley, both for their individual achievements and as role models
for their peers. As such, each of the winners received $1,000 college scholarships.
The third item on the agenda was an appoint of one member to the Vail Local Housing
Authority (VLHA) Board.
The Council voted 6 -0 to reappoint Ethan Moore to the Vail Local Housing Authority to a
term expiring May 31, 2014. The town had received four applications: Scott Ashburn,
Jason Hartman, Ethan Moore (incumbent board member) and Pamela Hopkins.
The fourth item on the agenda was the Vail Local Licensing Authority (VLLA) vacancy
appointments.
The Council voted 6 -0 to reappoint Mark Conlin and Kevin (KJ) Williams to the Vail Local
Licensing Authority for terms expiring May 31, 2011. The town had
received two applications for three vacancies. The Town Clerk will now re- publish the
vacancy notice to attract applicants for the remaining seat.
The fifth item on the agenda was the Town Manager's Report.
Kathleen Halloran, the town's budget manager, presented a monthly revenue update.
March sales tax revenue of $2.5 million is down 25 percent from March 2008 and down
17 percent from the budget projections. Year -to -date total sales tax collections are down
18 percent from 2008 and down 11 percent from budget. The ski season, November
through March, is down 14.5 percent from last ski season. Use tax collections are up 5.6
percent from this time last year, while construction permit revenue is down 69 percent
from 2008, which is currently pacing with the 2009 budget. Real Estate Transfer Tax
collections totaled $649,388 as of April 28, a 72 percent decrease from last year due to
both major and non -major redevelopment projects. Parking revenue of $3.4 million was
up 18 percent from this time last year. The revenue was budgeted at a 16 percent
increase.
The sixth item on the agenda was a Request For Proposals (RFP) to construct two new
employee housing units on the Town owned lot at 2657 Arosa Drive (commonly known
as the A- Frame) which is legally described as Lot 8, Block C - Vail Ridge.
The Council voted 6 -0 to authorize the issuance of a Request for Proposals (RFP) for
construction of a duplex on a town -owned lot in West Vail to be used as employee
housing. The property is located at 2657 Arosa Drive and was acquired in 1995 as part
of a land exchange with the U.S. Forest Service. The .418 -acre lot is zoned primary-
secondary. During an overview, Housing Coordinator Nina Timm noted at the time of the
town's acquisition, an A -frame residence, built in 1972, was located on the property and
was used as rental housing by the town until it was torn down in 2000 to make way for
new employee housing units. At the time, the town hired an architect to design a new
employee housing duplex. However, the town changed its priorities before beginning
construction of the new units. During Council's review of the draft RFP, Timm clarified
that a lottery would be held to identify buyers prior to commencing construction of the
units to minimize the town's risk and that the sale of the deed restricted units would
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recover the town's investment. During the public comment period, Bob Armour, a
resident of the neighborhood and former mayor, told of his involvement in acquiring the
property on behalf of the town. He also expressed concerns about drainage and
wetlands issues, noting that conditions have intensified on the site since an earlier
analysis. Armour offered support for issuing the RFP and noted it may only be possible
to develop one unit on the site. If the site proves difficult to develop, Armour suggested
leaving the site as open space rather than placing a deed restriction on the property and
selling it as was suggested by the staff as a possible alternative. Mark Gordon urged
staff to follow the timetable outlined in the RFP which would include issuing the RFP on
May 6 with responses due by May 21 and selection of a development team by June 16.
Gordon said the schedule would result in employee housing being under construction by
fall and would reinforce the council's commitment to its housing priority.
The seventh item on the agenda was the 2009 Asphalt Overlay Project Award.
The Council voted 6-0 to authorize the Town Manager to enter into an agreement with A-
1 Chipseal Company, in a form approved by the Town Attorney, to complete the 2009
Asphalt Overlay Project in the amount of $348,848. The town had received four bids, all
of which were within budget and below the engineer's estimate. A-1 Chipseal was the
low bidder. The project consists of maintenance asphalt overlays on portions of the
roads in Main Vail and West Vail, more specifically, Spraddle Creek Road, and those
roads in the Red Sandstone Drive area. The four bids were as follows: A-1 Chipseal
Company, $348,848; Elam Construction, $393,831; B&B Excavating, $426,831.83; and
Grand River Construction, $439,298.50. The project is budgeted within the Capital Street
Maintenance Budget. During discussion, Kim Newbury suggested that since prices are
low, perhaps the town should consider adding additional streets to the overlay project
that are scheduled for next year. Town Engineer Tom Kassmel agreed to return to the
Council with a possible change order once more information is known.
The seventh item on the agenda was a Timber Ridge Redevelopment discussion.
The Council voted 6-0 to continue the due diligence process and begin a 60-day pre-
development negotiation with Vail Timber Ridge, LLC of El Paso, Texas, in its pursuit to
redevelop the Timber Ridge property for employee housing. The objective of the due
diligence process is to determine if the group has the ability to complete the project as
proposed. The town issued a Request for Qualifications and Proposals for the eastern
half of the property in December 2008 which generated 10 responses. Of the 10, six
teams were interviewed by the Vail Local Housing Authority (VLHA) and staff. The field
was then narrowed to four finalists. Those groups were interviewed by the Town Council
and the VLHA on April 21. Council members said they were optimistic about the
possibilities for redevelopment. Andy Daly noted the proposal meets the long-term
affordable housing requirements of the town with 619 pillows on half the site. In addition,
the town would retain ownership of the property and $11 million in debt would be
eliminated, both of which are important priorities for the town, he said. The proposal
provides for occupancy in 2011. In offering the motion to begin a new phase of the
redevelopment process, Margaret Rogers noted the proposal offered by the Timber
Ridge, LLC group most closely satisfies the redevelopment criteria established by the
town. Kim Newbury said the process has been interesting in that it was difficult to
compare the four proposals as each offered varying concepts for financing, density and
the manner in which parking was addressed. Mark Gordon said he was extremely
optimistic that a redevelopment scenario would soon come to fruition. Team members
from Timber Ridge, LLC have experience in numerous housing developments across the
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country and are known for their development and operation of multi -unit housing
including military and student housing.
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The eighth item on the agenda was the First Reading of Ordinance No. 10, Series of
j 2009 adopting a major amendment to Special Development District No. 2, Northwoods,
pursuant to Article 12 -9(A), Special Development District, Vail Town Code, to allow for a
lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos Del
Norte, Building C) /Part of Tract B, Vail Village Filing 7, and setting forth details in regard
thereto (PEC090009).
The Council voted 6 -0 to approve first reading of the ordinance. Prior to the vote,
Planner Nicole Peterson provided an overview, noting the proposed lobby addition and
locker reconfiguration trigger a major amendment requirement under Section 12 -9A -2,
Vail Town Code; because the proposed lobby addition expands the existing building
footprint more than five feet, and the lockers were originally built under a major
amendment (Ordinance No. 33, Series of 1991). On April 13, 2009, the Planning and
Environmental Commission forwarded a recommendation of approval, with conditions to
the Vail Town Council of Ordinance No. 10, Series of 2009, by a vote of 4 -0 -1 (Kjesbo
recused). During the Council's discussion, Andy Daly said he had two conclusions about
the project following a site visit earlier in the day. First, that Pinos Del Norte is stepping
up to do some upgrading to their facilities that will substantially improve the property.
And, secondly, that no encroachments are being requested. Dick Cleveland added that
no additional GRFA (gross residential floor areas) is being requested.
The ninth item on the agenda was the First reading of Ordinance No. 11, Series of
2009, an ordinance to amend Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish
regulations for temporary building banner signs within the Town of Vail.
The Council voted 6 -0 to approve the ordinance on first reading and directed staff to
revise the ordinance for second reading to include provisions that will create a trial
period for the regulations which would permit placement of large banner signs on
qualifying buildings during the summer of 2009. The Council has asked for numerous
stipulations to limit the number of signs and the duration for their display. The vote
occurred after several concerns were expressed with the ordinance as written.
Prior to the vote, Planner Rachel Friede explained the applicant, the Vail Valley
Foundation, had applied for a prescribed regulations amendment to Title 11, Sign
Regulations, Vail Town Code, in order to facilitate the use of large banners on buildings
under construction to advertise community events. On April 13, 2009, the PEC failed to
pass a recommendation of approval to the Vail Town Council (2 -3 vote, with Kurz,
Lindall, Kjesbo opposed, Pierce and Palladino absent). Based upon staffs review of the
criteria outlined in Section V of the staff memorandum to the PEC dated April 13, 2009,
and the evidence and testimony presented, Friede said the Community Development
Department was recommending denial of the ordinance. As proposed, banner signs up
to 1,500 square feet per development site would be allowed on buildings under
construction in the commercial and business districts of Vail Village,. LionsHead and
West Vail to advertise community events that have a Town of Vail special events permit
and /or receive sponsorship from the Vail Commission on Special Events. The signs, no
more than two per development site, would be displayed for as long as the building has
an active building permit or within 14 calendar days of the completion of the advertised
community event. No lighting would be allowed. The signs would require approval by the
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Design Review Board prior to installation. During discussion, several Council members
said they disagreed with the staffs assessment that the signs would veer away from the
character of the community. Andy Daly said he was comfortable with the concept in that
it provides information and excitement in an otherwise unattractive space. He noted the
proposal was not meant to be signage in the traditional sense, and, therefore, staffs
findings based on compliance with other provisions of the sign code were irrelevant. Kim
Newbury said she didn't think the signs would be a distraction for motor vehicle
operators as suggested by the staff. Margaret Rogers said the signs would complement
the town's focus on marketing and would be visible to travelers along Interstate 70,
reminding them that Vail is a vibrant community. Due to the creative and artistic way in
which the signs would market Vail, Rogers suggested the Art in Places Board should
review the applications rather than the Design Review Board. During the public comment
period, Bob Armour, a former mayor, said he was "appalled" by the proposal, saying it
was more akin to Times Square than Vail, Colorado. Jim Lamont of the Vail
Homeowners Association suggested the banners would be more productive if they were
hanging on buildings in Chicago or New York "where they belong" (to market Vail).
Lamont expressed caution, saying the proposal could be viewed as the community
devaluing itself. In the end, Council members agreed the ordinance was too open ended
as currently written and offered its support to suggestions by Dick Cleveland to rewrite
the ordinance as a pilot program with numerous restrictions.
The tenth item on the agenda was the First reading of Ordinance No. 12, Series of
2009, an ordinance establishing Special Development District No. 41, the Vail Row
Houses, pursuant to Article 12 -9A, Special Development (SDD) District, Vail Town Code,
and setting forth details in regard thereto. (PEC080074).
At the request of the applicant, the Council voted 5 -1 (Cleveland against) to table the
ordinance to the June 2, 2009, meeting. The request was made after Council members
expressed concern about sufficient public benefits associated with the project and after a
vote to approve the ordinance failed, 1 -5, with Mark Gordon casting the single vote of
approval. On April 13, 2009, the PEC voted 5 -0 -0 to forward a recommendation of
approval to the Town Council for establishment of the proposed special development
district (SDD). During an overview by the applicant, Dominic Mauriello said the SDD was
being proposed to create a townhouse zoning scenario that would address 40 years of
variances on the property. As such, the eastern half of the row houses, located at 303
Gore Creek Drive, units 7 -14, would be allowed to construct future individual renovations
under the proposal. In exchange for the deviations, public benefits offered by the
applicant include deeding 915 square feet of property to the town, represented as a 10
foot wide strip of land to be added to the eastern half of Roger Staub Park, an employee
housing fee in lieu payment representing a 15 percent housing mitigation rate, rather
than the 10 percent rate currently required by the town code and converting the
driveways to heated pavers as redevelopment occurs to conform with the town's
Streetscape Master Plan. During discussion by the Council, Margaret Rogers said she
wasn't convinced there are enough public benefits associated with the project, noting the
heated pavers would only be a benefit if they were done in an environmentally sensitive
way. She suggested consideration of a public art component, as well. Mark Gordon said
he, too, would prefer a public art benefit. Kevin Foley expressed concerns about existing
vegetation that would be lost during redevelopment of the end unit and agreed the public
benefit was lacking. Andy Daly said he thought use of an SDD approach was
inappropriate in this circumstance and that remaining units of the row house should
apply for a variance like the others have done. He said the SDD would change the
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character of the neighborhood, especially as it relates to building height. Dick Cleveland
said he was concerned the SDD didn't address the current parking deficit and that the
park dedication wasn't sufficient in providing a public benefit. During the public comment
i period, Jim Lamont of the Vail Homeowners Association expressed the importance of
f fair and consistent treatment, saying, "if you like this approach to bulk and mass, you
need to presume that others will attempt to follow the lead."
f The eleventh item on the agenda was the Second reading of Ordinance No. 8, Series of
2009, An Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Dispatch Services Fund, Heavy Equipment Fund and Debt Service Fund of the 2009
Budget for the Town of Vail, Colorado.
The Council voted 6 -0 to approve the ordinance. Prior to the vote, Budget Manager
Kathleen Halloran explained the ordinance had been revised downward from first
reading for a total of 7.2 million across all funds. Items in the revised supplemental were
limited to re- appropriations for projects currently underway and under contractual
obligation, or other projects that may be underway as previously approved by the
Council, but due to a change of scope require additional funds. Another $3 million in
projects have been placed on hold until a full budget review in June.
The twelfth item on the agenda was Resolution No. 11, Series 2009, A Resolution
Designating Bank Accounts for E- Commerce Transactions for the Town of Vail with Stan
Zemler, Pam Brandmeyer, Judy Camp and Jacque Lovato, as the Designated Signers
on that Account. Permitted by the Charter of the Town, Ordinances, and the Statutes of
the State of Colorado.
The Council voted 6 -0 to approve the resolution which enables the town to subscribe to
an eCourier transaction system that allows electronic recordation of land records with
the Eagle County Clerk and Recorder. The eCourier company requires a bank account
for automatic withdrawals for the recording fee. The account will be an imprest account
with a minimum balance replenished as recording fees are incurred.
The thirteenth item on the agenda was Resolution No. 12, Series 2009, A Resolution
Approving the Amendments to the Vail Transportation Master Plan.
The Council voted 6 -0 to approve the resolution as presented by Town Engineer Tom
Kassmel and reviewed during the work session. The resolution consolidates and
updates the transportation master planning and design efforts into a single master plan
document. Kassmel said the plan is based upon existing conditions, current trends and
anticipated growth and is intended to be a guide for the town's transportation system for
the next 20 years. During discussion, Andy Daly noted his interest in seeing the plan
evolve from its traditional scope to one that is more innovative in limiting automobile use.
He also questioned the ability of the private sector to help with an assigned $75 million in
improvements due to the downturn in the economy, saying the $100 million estimated
price tag is not sustainable. He said it will be up to the Town Council to make sure the
right projects are being prioritized and selected that will benefit the community over the
long term. Kevin Foley said he preferred moving forward with the Simba Run underpass
sooner rather than later to help improve transit connections.
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The fourteenth item on the agenda was Resolution No. 13, Series 2009, A Resolution
Approving the Skier Drop -Off Easement Agreement Between the Town of Vail, Colorado
(the "Town ") and the Vail Corporation dba Vail Associates, Inc ( "VAI ").
The Council voted 6 -0 to approve the resolution following an overview by Town Attorney
Matt Mire. He explained that VAI is the owner of certain real property in Vail commonly
known as the "North Day Lot" and that the town has given requisite development plan
approvals for developing the North Day Lot as a multi - family employee housing
residential project together with other related improvements. The approved development
plans provide for the construction and relocation of a nine (9) space skier drop -off area.
He said the town and VAI wish to enter into the Skier Drop -Off Easement Agreement in
furtherance of implementing the use of the skier drop -off area for its intended purposes
and of integrating such use with the future North Day Lot development. During
discussion, Kevin Foley suggested the need to identify an interim skier drop -off solution
during construction of the North Day Lot project.
The fifteenth item on the agenda was the Resolution No. 14, a resolution approving the
increased fees in the provision of fire protection services out of town limits.
In reviewing Resolution No. 14, which is intended to increase fees charged for fire
protection services outside of town limits to recover the town's costs and a companion
fee schedule, the Council voted 6 -0 to table the matter to the next meeting. Although the
proposed rate of 4.021 mills per dollar of assessed valuation covers the town's costs,
according to Finance Director Judy Camp, Council questioned whether the 1991 rate of
14 cents per square foot would result in more revenue for the town. The other option is
for property owners located outside the town to pay a per call rate. Other fees
administered by the Fire Department were last increased in 2003 and do not recover the
town's costs. The proposed fee schedule is intended to increase fees to a level
appropriate for 2009.
The sixteenth item on the agenda was Adjournment.
The Council voted to adjourn at 8:55 p.m.
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Vail Town Council Meeting Minutes
Tuesday, May 19, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
There was none.
The second item on the agenda was a Eagle County Assessor Update.
Eagle County Assessor Mark Chapin reported in Colorado the county assessor must
reevaluate property in every odd year. He explained home sales volume (single family
as well as multi - family) is currently down 80% from one year ago. Chapin continued by
explaining there is a five to twenty percent decline in the market place where sales are
taking place. "We are unable to change any property evaluations made after June 20,
2008." Hitt asked what could be done to make assessed values reflect the current
economic climate. Chapin responded, "There is no avenue." During a pause for public
comment, Paul Rondeau asked when the 5'/2% property tax escalation limit was put into
place.
The third item on the agenda was the Town Manager's Report.
There was none.
The fourth item on the agenda was the Consent Agenda.
a. Approve 04.07.09 & 04.21.09 Town Council Minutes.
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Foley moved to approve the minutes with minor amendments with Daly seconding. The
motion passed unanimously, 7 -0.
The fifth item on the agenda was a Presentation on the Sustainable Design Assessment
Team (SDAT) grant award and process in the Eagle River Valley.
Bertuglia asked Council to support and participate in the SDAT review process, and
consider recommendations when results of the assessment are presented in September
2009. The Colorado West Chapter of the American Institute of Architects (AIA) received
a grant in the amount of $15,000 from the AIA National division for a Sustainable Design
Assessment Team (SDAT) review of the Eagle River Valley. The study area includes
East Vail to Dotsero, Minturn, Red Cliff and the metro districts of Beaver Creek, Bachelor
Gulch, and Cordillera. Bertuglia currently serves on the steering committee for the
SDAT, and will assist with coordinating municipal leaders' participation to option
feedback throughout the process. The University of Colorado's Center for Sustainable
Urbanism will assist with follow up on the implementation of results of the SDAT team's
efforts. The SDAT program focuses on the importance of developing sustainable
communities through design. The mission of the SDAT program is to provide technical
assistance and process expertise to help communities develop a vision and framework
for a sustainable future. AIA Colorado West representative Chris Green explained the
goals and parameters of the program. He then asked for Council support and active
town participation in the project.
The sixth item on the agenda was the First reading of Ordinance No.7, Series 2009, an
ordinance repealing and re- enacting Ordinance No. 5, Series of 2006, and amending
Special Development District (SDD) No. 39, Crossroads.
On March 9, 2009, the PEC held a public hearing on a request for a major amendment
to SDD, No. 39, Crossroads. The purpose of the major amendment is to increase the
maximum allowable number of dwelling units from 77 to 78. Upon review of the request,
the PEC voted 6 -1 -0 (Pierce opposed) to forward a recommendation of approval of the
request to Council. On March 17, 2009, Council tabled the first reading of Ordinance No.
7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. On
April 21, 2009, Council tabled this item to the May 19, 2009, public hearing. Applicant
representative Dominic Mauriello explained the space currently slated as a retail location
would not function well for that purpose. Rogers moved to approve the ordinance with
Newbury seconding. Rogers commented, "I don't believe the space works as a
commercial space." Campbell and Mire explained there were operating covenants in
regard to the movie theater and bowling alley proposed to be located in the structure.
Daly clarified the ordinance would add no public benefits. Newbury noted a retail to
residential conversion was recently approved in the Vail Village Inn. Cleveland said,
"The current financial situation is not a criteria for any anything we are being asked to
do... I think it would be a perfect spot for a restaurant." The motion passed, 4 -3 with
Daly, Foley and Cleveland opposed.
The seventh item on the agenda was the First reading of Ordinance No. 13, Series of
2009, an ordinance amending the approved development plan for Phase IV of SDD No.
6, Vail Village Inn, pursuant to Article 12- 9A -10.
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Planner Bill Gibson asked Council to consider Ordinance No. 13, Series of 2009, an
ordinance amending the approved development plan for Phase IV of Special
Development District No. 6, Vail Village Inn, pursuant to Article 12- 9A -10, Amendment
Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee
club units to dwelling units and the conversion of one dwelling unit to a fractional fee club
unit, located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots M, N, and O, Block 5D,
Vail Village Filing 1.The PEC held public hearings to discuss this request on April 27 and
May 11, 2009. On May 11, 2009, the Planning and Environmental Commission voted 7-
0 -0 to forward a recommendation of approval. The applicant, Waldir Prado said the
penthouse in the building would not be finished and is currently uninhabitable. "At this
j point there is no demand for that ... The fact that it is not finished is not a negative but
j rather a positive." Newbury moved to deny the ordinance with Cleveland seconding.
Applicant representative Connie Dorsey clarified where the proposed units were located,
both facing Vail Mountain. The units were the only units with no weeks sold. The
motion failed 2 -5, with Newbury and Cleveland voting in favor. Gordon then moved to
uphold the PEC decision with Rogers seconding. During a pause for public comment, a
fractional unit owner, Robert Vogel, spoke against the ordinance. The motion passed 4-
3, with Cleveland, Foley and Newbury opposed.
The eighth item on the agenda was the Second Reading of Ordinance No. 10, Series of
2009 adopting a major amendment to Special Development District No. 2, Northwoods,
pursuant to Article 12 -9(A), Special Development District, Vail Town Code, to allow for a
lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos Del
Norte, Building C) /Part of Tract B, Vail Village Filing 7.
On May 5, 2009 the Vail Town Council approved Ordinance No. 10, Series of 2009 on
first reading, by a vote of 6 -0 -0, based on criteria and findings in Section VII of Staffs
April 13, 2009, memorandum to the PEC, and evidence and testimony presented. On
April 13, 2009, the PEC forwarded a recommendation of approval, with conditions to the
Vail Town Council of Ordinance No. 10, Series of 2009, by a vote of 4 -0 -1 ( Kjesbo
recused). Foley moved to approve the ordinance with Daly seconding. The motion
passed unanimously, 7 -0.
The ninth item on the agenda was the Second reading of Ordinance No. 11, Series of
2009, an ordinance to amend Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish
regulations for temporary building banner signs within the Town of Vail.
Planner Rachel Friede explained the applicant, the Vail Valley Foundation (VVF),
applied for a prescribed regulations amendment to Title 11, Sign Regulations, Vail Town
Code, in order to facilitate the use of large banners on buildings under construction to
advertise community events. On April 13, 2009, the PEC failed to pass a motion for a
recommendation of approval to the Vail Town Council (2 -3 -0, Kjesbo, Kurz, Lindall
opposed). Failure to pass a motion for a recommendation of approval is by default a
recommendation of denial to Council. On May 5, 2009, Council unanimously approved
Ordinance No. 11, Series of 2009 (6 -0 -0) with the following changes, which are reflected
in the ordinance language: 1. Maximum of five signs within the Town of Vail at any time
2. One sign per building 3. Ninety (90) day maximum per sign 4. Sign removal
maximum seven (7) days after event completion. Newbury moved to approve the
ordinance with Rogers seconding. VVF representative Scott Bluhm said the proposed
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banner would be tastefully designed. The motion passed 6 -1, with Hitt opposed. The
ordinance will expire on September 30, 2009.
The tenth item on the agenda was Resolution No. 14, a resolution approving the
increased fees in the provision of fire protection services out of town limits.
Town Council requested a review of fees charged for town services to assure the town's
costs are recovered. Fees currently charged do not recover the town's costs. The
proposed fee schedule increases fees to a level appropriate for 2009. Daly and Rogers
said the resolution meets the needs of the Fire Department as well as to the town. Daly
moved to approve the resolution with Rogers seconding. The motion passed
unanimously, 7 -0.
The eleventh item on the agenda was Resolution No. 15, Series of 2009, a resolution
adopting an amended budget and making appropriations to pay the costs, expenses and
liabilities of the Vail Local Marketing District, for its fiscal year January 1, 2009 through
December 21, 2009 of 2009, adjusting the 2009 Vail.
Daly moved to approve the resolution with Newbury seconding. The motion passed 6 -1,
with Foley opposed. Foley said he believed the VLMD should directly fund special
events and support the free operation of the gondola during the summers.
The twelfth item on the agenda was the Discussion of Resolution No. 16, Series of
2009, a Resolution Approving the Increase in the Fee Schedule for Vail Fire &
Emergency Services.
The Town has adopted the International Fire Code (the "Fire Code ") under Title 10 of the
Town of Vail Municipal Code. The Fire Code provides that a fee be paid for each permit
in accordance with the schedule as established by the applicable governing authority.
Periodically such fees should be adjusted to reflect the cost of the provisions of such
services and to compensate for inflation. Daly moved to approve the resolution with
Rogers seconding. Foley clarified there would be a two hour minimum charge for
services. The motion passed unanimously, 7 -0.
The thirteenth item on the agenda was Adjournment.
Foley moved to adjourn with Daly seconding at approximately. The motion passed
unanimously, 7 -0.
Dick Cleveland, Mayor
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Vail Town Council Meeting Minutes
Tuesday, June 2, 2009
6:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
The first item on the agenda was Citizen Participation.
Cleveland announced the Town Attorney Matt Mire was recently married. He then
announced Daly had received a national ski industry award.
The second item on the agenda was the Town Manager's Report.
a. Revenue Update
Budget and Financial Reporting Manager Kathleen Halloran announced that when all
sales tax returns are received for the month of April, collections for the month were
expected to be $1,229,258 up 11.9% from April, 2008, due to the timing of Easter (April
'09 versus March '08). April collections are also up 8.8% from the 2009 budget. Year -to-
date total sales tax collections are down 14.7% from 2008 and down 9.0% from budget.
The ski season so far (Nov — April) is down 12.4% from last ski season. Inflation as
measured by the consumer price index was flat, or -.7% for the month of April compared
to prior. Use tax collections as of May 27, 2009, total $97,769, a 40% decrease from
this time last year. Ski lift tax revenue of $2.4 million through April is down 6.3% from
this time last year and November - April ski season revenue is down 3.3% from the prior
ski season. Construction permit revenue through May 27 totals $264,654 down 76% from
2008. The 2009 budget assumed a 62% drop. The decrease in activity from the prior
year is due to both major and non -major redevelopment projects underway in 2008.
Major redevelopment projects so far this year make up 60% of the total. Revenue from
non -major projects is down 50% from 2008. RETT collections through May 27, 2009,
total $854,542. This amount is a 72% decrease from last year due to both major and
non -major redevelopment projects. Eagle County as of March, 2009, is down 72% in
sales dollars and down 62% in the number of sales transactions. At this time last year,
the town had collected over $3.0 million in RETT from sales of major redevelopment
projects such as Arrabelle, Forest Place, One Willow and the Vail Plaza. Year -to -date
2009 has seen limited sales from major redevelopment projects and is down 77 %.
Collections not related to major projects year -to -date are 66% down from this time last
year. Year -to -date parking revenue from daily sales of $3.5 million is up 23% from this
time last year. For the ski season (November 2008 through April 2009), parking revenue
of $4.5 million is up 22% from the 2007/2008 season, mainly due to increased pass
sales and pricing. Daly clarified the Construction Use Tax was significantly below
budget.
The third item on the agenda was a Bicycle Friendly Community Presentation.
Landscape Architect Gregg Barrie reported the town applied to be recognized as a
Bicycle Friendly Community, a program established by the League of American
Bicyclists. The town has been recognized with a Bronze award for its commitment to
bicycling. Elizabeth Train with Bikes Belong then presented the award to Cleveland.
Cleveland noted the town had been proactive in developing bicycle trails long before
such activities became popular.
The fourth item on the agenda was an appointment to the Vail Local Licensing Authority
(LLA) board.
All applicants to the LLA must be citizens of the United States, qualified electors of the
Town of Vail, and have resided in the Town of Vail for not less than two years preceding
appointment, and shall have no direct financial interest in any license to sell alcoholic
beverages or any location having any such license. Duties of the five - member board
include review of all Town of Vail liquor license applications. There was one vacancy on
the LLA. The Town received one (1) application for the vacancy. Council interviewed the
applicant, Jill Landman Alfond, at the work session. Daly moved to appoint Landman
with Rogers seconding. The motion passed unanimously, 7 -0.
The fifth item on the agenda was the Consent Agenda.
b. Approval of 05.05.09 & 05.19.09 Town Council Minutes.
Foley moved to approve the minutes with minor amendments with Daly seconding. The
motion passed unanimously, 7 -0.
The sixth item on the agenda was the presentation of 2008 audit report.
McMahan & Assoc. representative Michael Jenkins presented the 2008 audited financial
statements. Jenkins provided a clean audit opinion of the town's finances. As opposed
to previous years, Timber Ridge Affordable Housing Corporation (TRAHC) showed a
very positive cash flow in 2008. Due to a recent bond refinancing, the town will pay less
interest on bonded indebtedness. "It's safe to say that the town is in a good financial
position in 2009 ... The accounting and controls systems are sound." Daly thanked
McMahan & Assoc. for a very comprehensive job. He then thanked staff for doing an
excellent job in managing the town's finances.
The seventh item on the agenda was an Award Roadway Slurry Seal Maintenance
Contract.
Town Engineer Tom Kassmel asked Council to authorize the Town Manager to enter
into an agreement with A -1 Chipseal Company to complete the 2009 Capital Street
Maintenance Slurry Seal Project. Staff received bids from three contractors for the 2009
Capital Street Maintenance Slurry Seal Project, with A -1 Chipseal Company being the
low bidder. The project was publicly bid using Bid Bridge, a reverse auction public bid
process. This is the first time Vail has used this type of reverse auction process, as a
result of a presentation made by Bid Bridge last fall. The process was successful and
resulted in a low bid, well below the budgeted estimate. The following are the three final
bids:
A -1 Chipseal Company $137,687.90
Quality Resurfacing Co $139,700.50
Intermountain slurry seal $173,500.00
Daly moved to approve to authorize the request with Rogers seconding. Foley clarified
the work would take place mostly in northwest Vail. The motion passed unanimously, 7-
0.
The eighth item on the agenda was the First reading of Ordinance No. 12, Series of
2009, an ordinance establishing Special Development District No. 41, the Vail Row
Houses, pursuant to Article 12 -9A, Special Development (SDD) District, Vail Town Code.
On May 5, 2009, Council tabled the first reading of Ordinance No. 12, Series of 2009, to
its June 2, 2009, hearing by vote of 5 -1 -0 (Foley opposed). The PEC recommended
Council approve on first reading, Ordinance No. 12, Series of 2009, an ordinance
establishing SDD No. 41, the Vail Row Houses, pursuant to Article 12 -9A. Applicant
representative Dominic Mauriello provided an overview of the property's current zoning.
It was clarified that party wall agreements are not enforceable by the town and can not
be relied upon as defacto zoning. Daly said allowing additional Gross Residential Floor
Aera (GRFA) would incentivize owners to modernize their units. Rogers stipulated that
any approved snowmelt system should be environmentally friendly. Vail Homeowner's
Association representative Jim Lamont provided a history of the project and asked for
consistency in standards for height, bulk and mass. Daly moved to approve the
ordinance with Newbury seconding. Rogers clarified a proposed Art in Public Places
donation would be received in a single payment. Cleveland commented, "I've never seen
a public benefit as a reason to create an SDD... I'm really uncomfortable with it ... I think
any changes in the SDD should be required to be approved by Council... Every other
SDD in this town has to come in to get permission from both boards." The motion
passed 5 -2, with Hitt and Cleveland opposed.
The ninth item on the agenda was Ordinance No. 15, Series of 2009 an Ordinance
Defining Electronic Personal Assistive Mobility Device ( "EPAMD "); Establishing
Regulations Regarding the Operation of Such Devices in the Town of Vail.
Rogers moved to approve the ordinance with Hitt seconding. While discussing use of
the Segways on the recreation paths, Hitt expressed concern snowmobiles had been
allowed to operate within the town right -of -way in the past. Gordon clarified the
ordinance did not define tours. During a pause for public comment, Kay Ferry said
Segways should not be allowed on the Covered Bridge in Vail Village. Public Works
Director Greg Hall explained the Bridge and Slifer Plaza are considered pedestrian
areas as opposed to roadways. During a pause for public comment Michael Caccioppo
said handicapped individuals should be allowed to cross the Covered Bridge on
Segways. Hitt clarified the Covered Bridge could be considered a dismount zone. Daryl
Bangert spoke in support of the use of Segways. A Segway is a two - wheeled, self -
balancing electric vehicle. The name " Segway" is a homophone of "segue" (a smooth
transition, literally Italian, for "follows "). Computers and motors in the base of the device
keep the Segway PT upright when powered on with balancing supported. Users lean
forward to go forward, lean back to go backward, and turn by using a "Lean Steer"
handlebar, leaning it left or right. Segway PTs are driven by electric motors at up to
12.5 miles per hour. Gyroscopic sensors are used to detect tilting of the device which
indicates a departure from perfect balance. Motors driving the wheels are commanded
as needed to bring the PT back into balance. Segways have had success in niche
markets such as transportation for police departments, military bases, warehouses,
corporate campuses or industrial sites. The legal road worthiness of the Segway varies
with different jurisdictions' classification of the device as a motor vehicle. The motion
passed 6 -1, with Gordon opposed.
The tenth item on the agenda was the Second reading of Ordinance No. 7, Series 2009,
an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006, and amending
Special Development District (SDD) No. 39, Crossroads.
Campbell explained On March 9, 2009, the PEC held a public hearing on a request for a
major amendment to SDD No. 39, Crossroads. The purpose of the major amendment is
to increase the maximum allowable number of dwelling units from 77 to 78 dwelling
units. Upon review of the request, the PEC voted 6 -1 -0 (Pierce opposed) to forward a
recommendation of approval of the request to Council. On May 19, 2009, Council
approved the first reading of Ordinance No. 7, Series of 2009, by a vote of 4 -3 -0
(Cleveland, Foley, Daly opposed). Rogers moved to approve the ordinance, with
Newbury seconding. Cleveland said he thought the space would make a good
commercial location (particularly for a restaurant). Daly commented, "I don't believe this
is consistent with the development goals of the town." Foley reiterated Cleveland and
Daly's remarks. The motion passed 4 -3, with Foley, Daly and Cleveland opposed.
The eleventh item on the agenda was the Second reading of Ordinance No. 13, Series
of 2009, an ordinance amending the approved development plan for Phase IV of Special
Development District No. 6, Vail Village Inn, pursuant to Article 12- 9A -10, Amendment
Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee
club units to dwelling units, located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots
M, N, and O, Block 5D, Vail Village Filing 1.
On May 19, 2009, Council approved the first reading of Ordinance No. 13, Series of
2009, with modification by a vote of 4 -3 -0 (Cleveland, Foley, and Newbury opposed).
Connie Dorsey asked that the applicant not be forced to move until there is a TCO on
another unit in the building. During a pause for public comment, Robert Vogel said there
was a pattern of deceit being exhibited by the applicant and there was no compelling
reason to grant the applicant's request. Fractional owner's legal representative Lindsey
Richards spoke against allowing the applicant to continue to live there. The applicant,
Waldir Prado, said he had been occupying a vacant unit and no one had been negatively
financially impacted. Rogers stated, I don't feel like I was given a straight story on it... I
don't have a good feeling we are going to know what is happening here... I don't feel like
passing this ordinance on second reading is going to help the Town of Vail...I do have
an interest in hot beds. Rogers then moved to deny the ordinance with Newbury
seconding. Foley said employee housing in the hotel should be satisfactory for any
employee of the hotel. Hitt said he felt like he had been misled. He also agreed that
employee housing should be adequate for the applicant. Newbury said one of the
town's overriding policies is to maintain hot beds. Cleveland said the solution that was
presented was not in the public interest. "It is inconsistent with the SDD approval plan."
Daly said there is a lot more revenue the town is giving up than was previously
anticipated. The motion passed unanimously, 7 -0.
The twelfth item on the agenda was Resolution No. 17, Series of 2009, a Resolution
Approving an Intergovernmental Agreement (IGA) Between the Town of Vail, Colorado
and the State of Colorado Department of Revenue (DOR) regarding the authorization to
administer Commercial Driver's License (C.D.L.) driver skills testing.
Mire asked Council to approve the IGA, and authorize the Town Manager to sign and
enter into the IGA with DOR. The town has been providing CDL examiner services for
its employees for many years. Without the approval of the state in the form of the IGA,
the town's C.D.L. Examiner licenses will be lost and the town will not be able to train and
test new seasonal drivers next fall. If that was allowed to happen the town would need to
find another third party tester, most likely in the Denver area. The expenses and timing
would be very prohibitive. Foley moved to approve the resolution with Hitt seconding.
The motion passed unanimously, 7 -0.
The thirteenth item on the agenda was Adjournment.
Foley moved to adjourn with Newbury seconding at approximately 9:00 p.m. The motion
passed unanimously, 7 -0.
Dick Cleveland, Mayor
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Vail Town Council Meeting Minutes
Tuesday, June 16 2009
6:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
The first item on the agenda was Citizen Input.
Joe Staufer, Paul Johnston and Herman Staufer spoke in support of Vail Resorts
operating the Vista Bahn during the summer.
Former Mayor Bob Armour encouraged Council to raft Gore Creek so as to better view
stream tract encroachments.
The second item on the agenda was a presentation of certificate of appreciation to Tom
DuBois.
Cleveland presented Tom DuBois with a certificate of appreciation for serving seven
years on the Board of Fire and Building Codes.
The third item on the agenda was the Town Manager's Report.
a. Update on activities at Mountain Plaza.
Gordon clarified nothing was done to enhance Vail Village pedestrian traffic when the
Vista Bahn was closed during its terminal relocation (2007). Daly spoke in support of
Vail Resorts operating the Vista Bahn during the upcoming summer. "Anything we can
do to enhance the Vail Village experience will be most appreciated."
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The fourth item on the agenda was a recommendation from the Vail Local Housing
Authority (VLHA) on a development team to construct two employee housing units on
the Town of Vail owned lot at 2657 Arosa Drive.
Listen to the VLHA's presentation and move forward with their recommended
development team for the construction of the Arosa Drive duplex. On May 5, 2009, the
Vail Town Council directed staff to issue a Request for Proposals (RFP) for the
construction of a deed restricted employee housing duplex at 2657 Arosa Drive. On
May 21, 2009, the town received fourteen (14) responses to the RFP. Based upon
review of the proposals the VLHA invited six (6) teams in for interviews. Following the
interviews the VLHA requested additional information or clarification from Gregg & Co,
JL Viele Construction, and Vail Custom Builders. The Vail Local Housing Authority
recommended Council affirm the policy and development team. Viele Construction
representative, David Viele confirmed the proposal included two allowances. Hitt
emphasized keeping the project affordable. Gordon moved to support the
recommendation with Rogers seconding. Daly encouraged attempting to find buyers
who may have 140% of average median income (AMI). "We are to focused on the 120%
AMI and need more diversity in our affordable housing product." Cleveland echoed
Daly's comments. During a pause for public comment, former Mayor Bob Armour asked
if the property was purchased with Real Estate Transfer Tax funds (RETT) or from the
General Fund. He then disagreed with the town donating the land. Sue Eukin spoke
against developing the property. Arosa Drive property owner Dennis Sclaise spoke
against the town donating the land. "Your'e giving $750,000 away to someone for free."
Newbury emphasized the homeowners would be limited to three percent appreciation
and the property would not be a "cash cow." The motion passed unanimously, 7 -0.
The fifth item on the agenda was a review of the LionsHead Transit Center Study
Planning Level Themes.
Town staff and the 4240 Architecture Design Team have developed planning level
themed concepts for a LionsHead Transit Center. Town Engineer Tom Kassmel
presented these planning level diagrams for discussion which allowed the team to
continue to refine the project direction and begin to bring the planning themes to a
conceptual plan level. Many planning level ideas have direct impacts on the existing
parking structure and the LionsHead Master Plan design concepts. The team was
looking for preliminary feedback to confirm direction or provide additional direction. 4240
representatives Tom Braun and Lou Beeker provided Council with preliminary concepts.
Rogers commented, "I'm overwhelmed by the amount of work you have put into this ... I
am extremely impressed. Foley encouraged the group to continue to seek input from
the adjacent property owners. During a pause for public comment, Sue Eukin spoke
against any tunneling ideas. 4240 was then asked to develop cost thresholds to be used
in the development of three alternatives for additional review.
The sixth item on the agenda was a Timber Ridge Redevelopment - Request for
extension of time for pre - development negotiation.
Town Manager Stan Zemler asked Council to extend the time period for staff to continue
due diligence and conduct pre - development negotiations with Vail Timber Ridge, LLC.
On May 5, 2009, Council directed staff to continue the due diligence process and begin
a 60 -day pre - development negotiation with Vail Timber Ridge, LLC. The 60 -day period
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ends on Saturday, July 4. Daly moved to extend the negotiation time period until July
21 with Rogers seconding. The motion passed unanimously, 7 -0.
The seventh item on the agenda was the First reading of Ordinance No. 14, Series of
2009, An Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Dispatch Services Fund, and Heavy Equipment Fund of the 2009 Budget for the Town of
Vail, Colorado; and authorizing the expenditures of said appropriations.
Budget and Financial Reporting Manager Kathleen Halloran emphasized the town would
continue to focus on maintaining a premier resort experience. Newbury moved to
approve the ordinance with Foley seconding. The motion passed 5 -2, with Hitt and
Cleveland opposed.
The eighth item on the agenda was the First Reading of Ordinance No. 16, Series of
2009, an Ordinance Amending Title 6, Chapter 3, Article C of the Vail Town Code by the
Addition of a New Subsection, Entitled "Drug Paraphernalia.
Town Attorney Matt Mire informed Council that the crime of possession of drug
paraphernalia within the town is of paramount concern and efficient police regulation of
such a crime would preserve the general welfare of the citizens of the town. The use of
drug paraphernalia is already prohibited by Colorado State Statute. Municipal Judge
Buck Allen explained the ordinance would create greater efficiency for police officers as
they would not have to travel to Eagle County Combined Courts to serve as witness to
the crime. The town would subsequently receive the $100 fine as opposed to the Eagle
County. Daly moved to approve the ordinance with Foley seconding. Rogers expressed
concern would make the possession of drug paraphernalia an independent crime. Hitt
said the ordinance strayed from current national trends. Cleveland emphasized the law
was already in place in Colorado (via Colorado Revised Statutes) and would allow the
town to provide services more efficiently. Gordon said he couldn't vote to confirm what
he thinks is already bad law. The motion failed 5 -2, with Cleveland and Daly voting in
favor.
The ninth item on the agenda was the Second Reading of an Ordinance Defining
Electronic Personal Assistive Mobility Device ( "EPAMD "); Establishing Regulations
Regarding the Operation of Such Devices in the Town of Vail.
On June 2, 2009, Council passed Ordinance No. 15, Series of 2009 with amendments
on First Reading. Daly moved to approve the ordinance with Hitt seconding. During a
pause for public comment, Ted Martin asked that Trikkes be allowed on the recreation
path as well as EPAMD's. Council agreed they did not believe Trikkes were compatible
with the use of the recreation path and emphasized the allowance of EPAMD's was only
being allowed on a trial basis. The motion passed 6 -1, with Gordon opposed.
The tenth item on the agenda was the Second reading of Ordinance No. 12, Series of
2009, an ordinance establishing Special Development District No. 41, the Vail Row
Houses, pursuant to Article 12 -9A, Special Development (SDD) District, Vail Town Code.
On June 2, 2009, the Town Council approved the first reading of Ordinance No. 12,
Series of 2009, with modifications, by a vote of 5 -2 -0 (Cleveland and Hitt opposed).
3
The PEC recommended Council approve, on second reading, Ordinance No. 12, Series
of 2009, an ordinance establishing SDD No. 41, the Vail Row Houses, pursuant to
Article 12 -9A, SDD, Vail Town Code. Applicant representative Kyle Webb said four of
the units had pre- existing snowmelt systems (all 95% or better efficient). Vail Town
House Condominium Association manager Dale Bugby said he believed the $70,000 Art
in Public Places contribution (offered as a public benefit) was a bribe. Rogers said in
order to balance the benefit the homeowners would receive from approval of the
ordinance there had to a public benefit. Applicant representative Dominic Mauriello
asked for language identifying where the art would be located. Lamont said Staub Park
(adjacent to the property) badly needed the public art contribution. He then questioned
public notice requirements as adjacent property owners may not have been adequately
noticed. Michael Caccioppo spoke in support of the ordinance. Daly moved to approve
the ordinance with Kim seconding. The motion failed 4 -3, with Rogers, Daly and
Newbury voting in favor.
The eleventh item on the agenda was Resolution No. 18, Series of 2009, a resolution to
amend the Special Business Promotion Permit.
On February 19, 2008, the Vail Town Council approved resolution No. 3, Series of 2008,
which established the Special Business Promotion Permit Guidelines. The purpose of
the Special Business Promotion Permit is to allow individual businesses to have a
special event with the broader purpose of improving economic vitality within the Town of
Vail. In 2008, three (3) permits were issued, and thus far in 2009, seven (7) permits have
been issued to Vail businesses. Examples of events include grand openings, artist
events, business marketing and real estate events. Staff is proposing to amend the
Special Business Promotion Permit Guidelines in order to expand the types of events
that would qualify, provide clarity and update dates, as follows:
1. Allow for events that benefit non - profits in lieu of a public activity.
2. Examples are being added to provide clarification.
3. Addition of language to remind vendors that they can contact special
event producers directly to participate in other special events.
4. Change of restriction dates to reflect adoption through 2012.
5. Additional language regarding insurance requirements.
Hitt moved to approve the resolution with Newbury seconding. The motion passed
unanimously, 7 -0.
The twelfth item on the agenda was Resolution No. 19, Series of 2009, a Resolution
Approving an Intergovernmental Agreement Between the Town of Vail, Colorado and the
State of Colorado Department of Public Health and Environment Regarding the
Authorization to Provide Community Consumer Protection Services The Town of Vail
and the Colorado Department of Public Health and Environment wish to enter into an
Intergovernmental Agreement authorizing the Town to provide community consumer
protection services, including but not limited to the regulation of retail food
establishments, schools, child care centers, summer camps, campgrounds, motels and
hotels. Foley moved to approve the resolution with Rogers seconding. The motion
passed unanimously, 7 -0.
The thirteenth item on the agenda was Adjournment.
4
Newbury moved to adjourn with Foley seconding at approximately 9:30 p.m.. The
motion passed unanimously, 7 -0.
Dick Cleveland, Mayor
ATTEST:
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5
Vail Town Council Meeting Minutes
Tuesday, July 7, 2009
6:00 P.M.
Vail Town Council Chambers
Members present:
Staff Members:
Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Dominic Mauriello asked Council to reconsider a previously read Ordinance that failed.
Council directed staff to put the item on the July 21 agenda.
Peter Woods stressed concern about a parking problem in East Vail.
The second item on the agenda was the Town Manager's Report.
a. Revenue Update.
Budget 8� Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of May, collections for the month are expected to
be $508,320, down 18.3% from May, 2008. Year-to-date total sales tax collections are
down 15% from 2008 and down 9.4% from budget. Inflation as measured by the
consumer price index was down (-1.3%) for the month of May compared to 2008. Use
tax collections as of June 30, 2009, total $220,083, a 36% decrease from this time last
year. Construction permit revenue through June 30 totals $402,369, down 72% from
2008. The 2009 budget assumed a 66% drop. The decrease in activity from the prior
year is due to both major and non-major redevelopment projects underway in 2008.
Major redevelopment projects so far this year make up 60% of the total. Revenue from
non-major projects is down 45% from 2008. Real Estate Transfer Tax (RETT)
collections through June 30, 2009, total $1.1 million. This amount is a 70% decrease
from last year due to both major and non-major redevelopment projects. Eagle County
as of May, 2009, is down 67% in sales dollars and down 54% in the number of sales
transactions. At this time last year, the town had collected over $2.3 million in RETT
from sales of major redevelopment projects such as Arrabelle, Forest Place, One Willow
and the Vail Plaza. Year-to-date 2009 has seen limited sales from major redevelopment
projects and is down 76%. Collections not related to major projects year-to-date are
61 % down from this time last year.
The third item on the agenda was the Consent Agenda.
a. Approval of 06.02.09 and 06.16.09 Town Council Minutes
Foley moved to approve the minutes with minor amendments with Daly seconding. The
motion passed unanimously, 7-0.
The fourth item on the agenda was the Vail Village Loading and Delivery Review of Pilot
Program (Meadow Drive, Courier Areas) and Update on Long-Term Recommendations.
Public Information Officer Suzanne Silverthorn explained loading and delivery policies
for the Village Core (Bridge Street, Gore Creek Drive, Hanson Ranch Road) and East
Meadow Drive have been evolving following the opening of the underground Mountain
Plaza facility and its 17 public bays during the 2008-09 ski season as well as
improvements at Vail Plaza Hotel which can now accommodate truck clearances of up
to 14 feet. Four additional public bays will be ready for use in July 2010 upon completion
of Solaris. Following is a summary of the current loading and delivery policies and
related actions following a review by the Vail Town Council on July 7, 2009:
Village Core Program
At this meeting the Vail Town Council voted 7-0 to retain a modified loading and delivery
system for the Village Core to be reviewed on September 1, 2009, as follows:
• Mountain Plaza loading docks available 4 a.m. to 10 p.m. daily.
• On-street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and from 4
a.m. to 10:30 a.m. (shortened from 11:30 a.m.) on Gore Creek Drive.
• Designated courier areas for Fed Ex, UPS, USPS, etc.:
o Determine optimal location on Gore Creek Drive (either north side, east end
of Gorsuch Building as currently in use) or move to south side of street.
Hours are 6 a.m. to 6 p.m.
o Two spaces at the south end of the Willow Bridge Road loading zone (next to
Checkpoint Charlie) for use by the couriers from 10:30 a.m. to 6 p.m.
o East Meadow Drive in front of Vail Boot and Shoe from 8 a.m. to 6 p.m.
• Removal of Mill Creek Court Building loading zone on Gore Creek Drive. (This zone
had been available for vehicles less than 20 feet in length by permit only between 6
a.m. and 6 p.m., while no parking was allowed from 6 p.m. to 6 a.m.) Due to past
abuses, this zone is being removed and will be reviewed again on September 1,
2009. Violators will be ticketed.
• Improve Americans with Disabilities Act (ADA) parking visibility (signage and paint) in
front of Mill Creek Court Building and expand spaces if possible.
• Explore restricting westbound traffic on Gore Creek Drive for better optimization of
Checkpoint Charlie.
• Hanson Ranch Road across from the Christiania Lodge available for 30 minutes of
unattended parking for vehicles less than 20 feet in length from 6 p.m. to 2 a.m. No
parking from 2 a.m. to 6 a.m. Also available for 5-minute attended parking.
• All loading and delivery policies will be strictly enforced.
2
• Schedule a presentation to the Vail Town Council to discuss staff recommendations
for installation of surveillance cameras at key loading and delivery points for
improved enforcement.
While discussing the issue, Community Development Director George Ruther explained
loading and delivery improvements made at Vail Plaza Hotel took place as far as they
could without approval of the adjacent property owner. He said he believed the Vail
Plaza Club had no contractual financial obligation to make any further improvements.
"They have no legal or moral obligation to support this (add a service elevator)."
Cleveland again verified, "The Vail Plaza Hotel has done what they can do...You are
asking for permission to continue to work on gaining cooperation. Cleveland cautioned,
"I don't want to put a solution in that people don't use." Ruther emphasized, "There are
still many opportunities for Council to provide input...l believe we can have a final
agreement within 45 days." During a pause for public comment Joe Staufer said he had
nothing to do with delivery access being completed. Vail Village Inn homeowner Richard
Liebhaber spoke against his homeowner's association having any financial responsibility
for the proposed lift. Vail Homeowner's Association representative Jim Lamont said the
Vail Plaza Club owner was responsible for making the connection. Hitt said, "I need to
deal with the facts...l feel like I'm receiving mixed messages." Vail Village Inn Phase V
resident Marci Horton said loading and delivery was taking place illegally around the
property. "The noise is unbelievable at 4:00 a.m. and it goes all day." Silverthorn said
staff was pursuing the removal of delivery trucks on Meadow Drive. Hall said the
majority of the delivery was taking place in the Vail Plaza complex. Leibhaber said the
statistics may not tell the real story. "I like the idea of escalating fines...There should be
a disincentive for them to violate." Hitt remarked, "A lot of the problem seems to be
related to enforcement issues." Rogers expressed concern that delivery drivers
appeared to be a significant part of the problem. She then spoke in support of raising
fines for loading and delivery violations. Council agreed to end the education phase of
the pilot program and begin enforcement. Foley encouraged making flatbed hoists
available to delivery drivers so as to accommodate easier delivery. Daly moved to
approve the recommendations with Hitt seconding. The motion passed unanimously, 7-
0.
East Meadow Drive Pilot Program
At this meeting the Vail Town Council voted 7-0 to continue a pilot program for loading
and delivery on East Meadow Drive to be reviewed on September 1, 2009, as follows:
• On-street loading and delivery on the streeYs north side from Vail Boot and Shoe
west to Alpenrose from 5 a.m. to 8 a.m. Restrictions apply. Drivers enter from the
east from Village Center Chute or Checkpoint Charlie to access and must not
impede bus senrice which begins at 6 a.m.
• Police department will review and update regulatory signs as necessary to solicit
compliance.
• Policies will be strictly enforced.
• In pursuit of long-term solutions, staff will work to facilitate cooperative agreements
with affected parties and property in the Vail Village Inn Special Development District
(SDD #6) and the Town of Vail to explore alternatives such as a freight elevator or lift
that will accommodate the transport of deliveries from the loading dock at Vail Plaza
Hotel to businesses on East Meadow Drive. This exploration will include construction
cost estimates for an exterior solution as well as an interior solution. An update will
be presented to the Town Council on September 1, 2009. This update will include
the status of property owner consent, cost estimates, a plan for financial
responsibility and overall effectiveness of each of the solutions in accommodating
loading and delivery functions so trucks can ultimately be removed from East
Meadow Drive.
Gore Creek Drive property owners Debbie Wells and Dick Park spoke against adding
truck parking to the 303 Gore Creek Drive area. Park emphasized, "This issue truly
impacts daily Iife...We have enforcements issues...We have issues of compliance with
our delivery people." Vail Town home owner Chris Parks spoke against parking on
Gore Creek Drive. Jim Lamont spoke in support of more use of the Mountain Plaza
loading and delivery bays. He then asked Council to revisit the Vail Village master plan
and determine which areas should be protected. "We've got to start giving tickets to
people who park where they aren't supposed to park." Newbury commented, "I would
like my children to be able to walk to the Children's Fountain and not have to worry
about them being run over." Cleveland said, "I'm not sure the Front Door solves all the
problems it was supposed to solve." Daly moved to approve the recommendations with
Newbury seconding. Parks expressed concern about the abuse of handicapped
parking. United States Postal Service representative Jim Armstrong expressed concern
about the visibility of a store front on the east end of Gore Creek Drive. The motion
passed unanimously, 7-0.
The fifth item on the agenda was the North Frontage Rd. Recreational Path
Construction Contract Award.
Direct the Town Manager to enter into a contract with B&B Excavating to complete the
North Frontage Rd. Recreational Path Construction.
Town Engineer Tom Kassmel reported staff has recently publicly bid the North Frontage
Rd. Recreational Path Improvements, and received 7 bids, with B8�B Excavating being
the lowest bidder. The path improvements include a raised concrete recreational path
along the north side of the North Frontage Rd. from Timber Ridge to the Roost Lodge's
east property line. The improvements are budgeted within the RETT projects budget
along with a$149,458 federal grant. The contractors provided bids as follows:
B&B Excavating $406,185.35
Colorado Constructors $451,882.14
Heyl Construction $459,747.70
Thoutt Brothers $494,380.94
Amercian Civil Constructors $494,990.00
Lawson Constructors $519,881.80
Jags Enterprises $523,867.88
All bids were within the total budget of $700,000.
Rogers then moved to direct the Town Manager to enter into a contract, in a form
approved by the Town attorney, with B&B Excavating, in the amount of $406,185.33, to
complete the North Frontage Road Recreational Path Improvements with Hitt seconding.
The motion passed unanimously, 7-0.
�
The sixth item on the agenda was the Second reading of Ordinance No. 14, Series of
2009, An Ordinance making supplemental appropriations and budget adjustments to the
Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Dispatch Services Fund and Heavy Equipment Fund of the 2009 Budget for the Town of
Vail, Colorado.
Budget and Financial Reporting Manager Kathleen Halloran explained General Fund
expenditures were being reduced by $1.2 million. Cleveland clarified that due to the
General Fund/Capital Fund appropriation split, approval of the Ordinance would require
a super majority vote. Newbury moved to approve the ordinance with Gordon
seconding. Eagle Valley Schools representative Harry McQueeney explained the details
of the playground equipment included in the budget. Vail Valley Foundation
representative Ceil Folz explained how the town's contribution to the World
Championship bid could possibly pay dividends. The motion passed 6-1, with Cleveland
opposed.
The seventh item on the agenda was Resolution No. 20, Series of 2009, Authorizing the
Town Manager to sign the construction contract with JL Viele Construction to build the
Arosa Drive duplex.
Housing Coordinator Nina Timm said the contract terms include the following: A
Guaranteed Maximum Price; Fixed cost at $770,529 plus $10,778 in Builder's Risk
Insurance; The price includes the cost for LEED Certification; Start date no later than
October 1, 2009; Completion date no later than May 15, 2010; Line item cost savings
split 70% (TOV) - 30% (Viele); Owner Contingency and Winter Conditions savings 100%
to TOV; One-year warranty, from a Certificate of Occupancy being issued by the Town
of Vail, will benefit the individual owners; All plans are assigned to the Town of Vail;
Compliance with all Vail zoning and building code requirements is required; All required
Town fees are included in the GMP; and JL Viele Construction will maintain all required
insurance, including Builder's Risk. JL Viele representative David Viele explained the
meaning of builder's risk insurance. Zemler clarified sales of the units would take place
almost simultaneously with the project's ground breaking. Foley moved to approve the
resolution with Rogers seconding. Former Mayor Bob Armour clarified a statement
made in a previous meeting in regard to when the properties would be sold. The motion
passed unanimously, 7-0.
The eighth item on the agenda was Adjournment.
Foley moved to adjourn with Hitt seconding at approximately 9:00 p.m. The motion
passed unanimously, 7-0.
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Vail Town Council Meeting Minutes
Tuesday, July 21, 2009
6:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
There was none.
The second item on the agenda was the Town Manager's Report.
In response to an earlier question from Council, Economic Development Manager Kelli
McDonald reported James Chung (Town of Vail hospitality industry consultant) was not
in the employment of a down valley developer.
• LionsHead Parking Structure Agreement.
Town Manager Stan Zemler reported that Open Hillwood Partners had asked for an
extension on an agreement tied to the potential redevelopment of the LionsHead parking
structure.
• Timber Ridge Update.
Zemler commented, "Progress is slow but sure and there are some unknowns we are
identifying."
• Village Camera Installation Update.
Cameras are currently being installed in Vail Village to assist with loading and delivery
enforcement. Cleveland asked if the system would be internet based.
The third item on the agenda was a presentation of lodging reservation activity during
ski season 2008/09 compared to 2007/08, as well lodging reservation activity for
summer 2009 and a preview of market forces affecting travel during the 2009 summer
season and beyond.
Mountain Travel Research Program representative Ralf Garrison presented the following
observations relative to the 2008/09 winter ski season:
-Snow Trumps the Economy? Some, not so much.
-Short-Lead? Yes, but word of mouth still trumps travel decisions.
-Short-Haul? Drop in Long-Haul, Increase in short.
-Other-Impacts? Grey Market (individuals who rent their homes).
-Epic Pass? Good for Vail. Being continued.
-Shifting Demand Patterns? Look to school breaks.
-"All the Love" marketing program.
-Vail Performance? Less bad than others.
While discussing the 2009 summer season Garrison noted:
-Underlying Markets: Broken.
-Recent Recovery: Premature to be permanent.
-Consumers weary of bad news: ignorance is bliss.
-Summer Demand: Matches Winter Market (short lead, short haul, regional affordable).
-Travel Costs: Helpful.
-Weather: Early season heavy rains were not helpful.
-Road biking is on the rise.
-Vail Performance: Less bad than others.
Garrison then said preliminary data for the 2009/10 ski season was inconclusive.
The fourth item on the agenda was a request for the determination that an exclusive ski
concierge for guests is a similar use to a"Lodge Accessory Use" and "Personal
Service" pursuant to Section 12-3-4, Determination of Similar Use, Vail Town Code, to
allow for a"Lodge Accessory Use/Personal Service" on the second floor within the
Commercial Core I District, located at 227 Wall Street/Part of Lots B& C, Block 5C, Vail
Village First Filing.
Planner Warren Campbell explained the applicant requested Council make a
determination that the location of an exclusive ski concierge "Personal Service"
accessory to a"Lodge", be found to be a permitted use on the second floor of the "Hong
Kong Cafe" building. "The applicant believes their proposed use is accessory to a Lodge
and a Personal Service to their guests." The Community Development Department
recommended Council make the determination that the proposed exclusive ski
concierge use is similar to a listed permitted use on the second floor within the
Commercial Core I district (Lodge/Personal Service), pursuant to Section 12-3-4,
Determination of Similar Use, Vail Town Code. Developer representative TJ Brink
confirmed the Four Seasons Resort will be open for the 2009 Christmas holiday. He
then clarified the proposed change would be more of an "activities center" as opposed to
a ski concierge. "It will not be dormant." Foley asked if guests would be shuttled to the
area. Daly clarified the summer activities center would be open to the public. He then
commented, "You can use pricing to make exclusivity." Hitt expressed concern the
entire top of Vail Village was turning into a private club. While discussing food service at
the space, Brink stated, "There is a chance to give out muffins and coffee to the guests
in the space." During a pause for public comment, local Vail Village property owner Bob
Lazier clarified nothing would change in the Wall Street Building. "We aren't being able
2
to attract the right type of people to the core...l am very, very concerned about our
tenants...We really need to service these people with a standard they are used to."
Rogers moved to approve the request with Gordon seconding. Rogers said it was
important to have Four Seasons guests in the Village. "It brings exactly the kind of
person we want to the Village." Brink then clarified, "Levels two and three will continue
as retail and the second level of the Eaton Plaza level will remain a club or concierge
level." Foley said he didn't see a Four Seasons guest walking a half-mile to the Vista
Bahn. Cleveland said he had concerns about use of the space in the summer and
exclusivity of the southern part of Vail Village. The motion passed 6-1 with Cleveland
opposed.
Cleveland finished the meeting by thanking departing Vail Daily reporter Melanie Wong
for her efforts covering town business.
The fifth item on the agenda was adjournment.
Foley moved to adjourn at approximately 7:32 p.m. with Newbury seconding. The motion
passed unanimously, 7-0.
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3
Vail Town Council Meeting Minutes
Tuesday, August 4, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present:
Not present:
Staff Members
Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Kim Newbury
Farrow Hitt
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Local contractor Russ Varley complained that he was not allowed to park in the
LionsHead parking structure between the hours of 6:30 a.m. and 7:30 a.m. He then
asked that van pools be allowed in the structures in the morning.
The second item on agenda was the Town Manager's Report.
a. Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of June, collections for the month are expected to
be $711,149, down 22.5% from June, 2008. Year-to-date total sales tax collections are
down 15.4% from 2008 and flat with the budget. Inflation as measured by the consumer
price index was down (-1.4%) for the month of June compared to 2008. Use tax
collections as of July 28, 2009 total $242,567, a 39% decrease from this time last year.
Construction permit revenue through July 28 totals $469,897, down 71 % from 2008.
The 2009 budget assumed a 66% drop. The decrease in activity from the prior year is
due to both major and non-major redevelopment projects underway in 2008. Major
redevelopment projects so far this year make up 62% of the total. Revenue from non-
major projects is down 49% from 2008. Real Estate Transfer Tax (RETT) collections
through July 28, 2009, total $1.3 million. This amount is a 75% decrease from last year
due to both major and non-major redevelopment projects. Eagle County as of May,
2009, is down 67% in sales dollars and down 54% in the number of sales transactions.
At this time last year, the town had collected over $5.1 million in RETT from sales of
major redevelopment projects such as Arrabelle, Forest Place, One Willow and the Vail
Plaza. Year-to-date 2009 has seen limited sales from major redevelopment projects and
is down 84%. Collections not related to major prajects year-to-date are 54% down from
this time last year.
Community Development Director George Ruther provided an update on a recent retreat
taken with the Vail Resorts Development Company (VRDC). The proposed EverVail
development was the primary subject matter. The greatest amount of discussion was
centered around phasing of the project. "Each phase should be able to stand alone as
an individual project...lt was a productive use of time." Ruther then reported the North
Day Lot employee housing development continued down the approval path. "They
(VRDC) are required to have a building permit by April of 2010." Cleveland clarified a
construction parking plan would be a part of the permitting process. Rogers made clear
the town continued to hold a VRDC letter of credit ($17+ million) if the North Day Lot is
not developed.
The third item on the agenda was the Consent Agenda:
a. Approval of 07.07.09 and 07.21.09 Town Council Minutes.
Foley moved to approve the consent agenda without amendments with Newbury
seconding. The motion passed unanimously, 6-0.
The fourth item on the agenda was the Dobson Ice Arena roof replacement bid award.
Town Engineer Tom Kassmel explained The Dobson Ice Arena has been in need of
replacement. "This project was delayed from 2008 to 2009." The project was bid out,
after the Council reviewed the third budget supplemental for 2009. The apparent low
bidder is Roofmasters Roofing. The town performed reference checks on the contractor.
The replacement material will be metal and has received Design Review Board
approval. The town received five bids as outlined below.
Roofmasters Roofing, Hays KS Base Bid -$555,000
B& M Roofing, Fredrick, CO Base Bid -$638,945
Turner Morris, Silverthorne, CO Base Bid -$678,143
Progressive Roofing, Denver, CO Base Bid -$709,245
Weathercraft, Colorado Springs, CO Base Bid -$881,108
The contract is within the budget for the project. Construction is to begin once the
contract is signed. A request to instruct the Town Manger to enter into a contract with
Roofmasters Roofing of Hays, KS for $555,000 in a form approved by the Town
Attorney. Daly moved to instruct the Town Manger to enter into a contract with
Roofmasters Roofing of Hays, KS for $555,000 in a form approved by the Town
Attorney, with Rogers seconding. The motion passed unanimously, 6-0.
The fifth item on the agenda was a review of LionsHead Transit Center Conceptual
Scenarios.
2
An open house for the public to view the concepts took place outside of the Council
Chambers prior to the Evening Session. The Town of Vail and the Vail Reinvestment
Authority (VRA) are in the process of studying the feasibility of constructing a LionsHead
Transit Center in response to past planning efforts including the LionsHead Master Plan.
The VRA contracted with the 4240 Architecture team to complete this design study.
Since the project kick-off with the public and stakeholder groups on May 20th, the design
team has:
Established the givens, goals and measurable criteria of the project (6/2/09).
Outlined the current conditions, defined study areas, and tested "carrying
capacity" of various study areas to accommodate program components.
(6/16/09).
Completed a transit analysis determining what transit elements need to be
accommodated now and in the future (7/7/09).
The design team then presented ten conceptual scenarios that were based on the
established givens, goals, measurable criteria, transit operations, program component
needs, the LionsHead Masterplan and other past LionsHead Transit Center related
study efforts, and the public, stake holder's and Council's input. The ten scenarios were
categorized in incremental improvement ranges that address the short, mid, and long
range transit needs. It was discussed that Vail should anticipate the need to carry more
passengers throughout Vail if Eagle County Transit (ECO) is successful in implementing
the desire to only make one stop in LionsHead and one stop a the Vail Village Transit
Center. Passengers would then have to transfer from ECO to the Town of Vail bus
system. Cleveland expressed concern that the 4240 recommendations may possibly
sacrifice the guest experience. Town Engineer Tom Kassmel recommended beginning
by focusing on the short term so as to perform some qualitative improvements that don't
substantially impact the LionsHead parking structure. Rogers clarified the town had
federal transit dollars that must begin to be used by 2010. Hall recognized the parking
structures' transit related upgrades would also qualify for use of Vail Reinvestment
Authority tax increment financing (TIF) dollars. Newbury questioned the value of having
two large transit centers within a mile of each other. During a pause for public comment
Vail Homeowner's Association representative Jim Lamont asked for more
comprehensive cost estimates. 4240 representative Lou Bieker said the group had
focused more on conceptual design and relative costs as opposed to detailed design
and explicit costs, which would be the next step. Lamont said the proposed scenarios
were not world class solutions. Bieker said putting transit on the south side of the
structure created a fracture between the two Villages. Daly asked to minimize what
takes place but to achieve the maximum impact and phase the implementation. Gordon
asked for a fiscal analysis of the bonding capacity of the Vail Reinvestment Authority.
Foley encouraged staff to return with a more detailed financial analysis. Newbury said
she felt like Council was trying to fit a square peg in a round hole. Cleveland
commented, "I do not want the federal money to dictate what we are going to build."
Zemler said he would also return with a long term sustainability analysis.
The sixth item on the agenda was the First Reading of Ordinance No. 17, Series of
2009, an Ordinance Submitting to the Registered Electors of The Town of Vail,
Colorado, at a Regular Municipal Election Held on November 3, 2009 a Ballot Question
to Amend Section 3.2 of the Town of Vail Charter Regarding Town Council member
Terms of Office.
3
On July 21st the Town Council directed the Town Attorney to prepare a ballot question
to submit to the registered electors of the Town of Vail for the November 3, 2009 regular
municipal election amending Section 3.2 of the Town of Vail Home Rule Charter as it
relates to terms of council members. The proposed amendment is meant to address
ambiguities and conflicts previously identified regarding the town's terms and term limits
provisions for council members as currently set forth in Section 3.2 of the Charter.
Rogers spoke in support of establishing only four year terms. "There are only two
communities in the entire state that have two year terms...the voting public does not
vote because they think some people should get four years and someone should get
two." During a pause for public comment, former Councilman Greg Moffet spoke in
support of maintaining two year terms. "We have a better system here." Vail
Homeowner's Association representative Jim Lamont said the original intent of the Town
Charter was to change four seats every two years. Newbury moved to approve the
ordinance on first reading with an amendment retaining the two-year term provision. The
proposed amendment would also limit a council member to three consecutive terms,
regardless of their length and would require a councilmember be out of office for two
years after they have been term limited. Daly seconded the motion and it passed 4-2
with Rogers and Gordon opposed. The final public hearing on the ordinance is
scheduled for August 1 gtn
The seventh item on the agenda was Resolution No. 21, Series of 2009, A resolution
approving the purchase of Gore Range Condo II Unit #2-W, with a physical address of
2189 Chamonix Lane Unit #2-W, Vail, Colorado.
Community Development Director George Ruther announced that Council approved the
2009 Town of Vail Budget with $500,000 allocated to the Buy Down Program. The Buy
Down Program is designed to purchase existing dwelling units within Vail and
permanently establish them as employee housing units. The acquisition of Gore Range
Condos # 2W is in keeping with the established goal and actions identified in the Town
of Vail Employee Housing Strategic Plan. Rogers moved to approve the Resolution with
Newbury seconding. The motion passed unanimously, 6-0.
The eighth item on the agenda was Adjournment.
Foley moved to adjourn at approximately 9:05 p.m. with Newbury seconding. The
motion passed unanimously, 6-0.
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Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, August 18, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present:
Not present:
Staff Members:
Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
There was none.
The second item on the agenda was a Town Manager's Report.
a. Stephens Park Fire Update.
Fire Chief Mark Miller provided details about the Stephens Park Fire during the Aug. 18
evening Vail Town Council meeting, noting the fire stopped just 20 feet from
becoming much more serious than it was. The wildfire was reported just before 4 p.m.
on Aug. 7 and was contained to one acre following a quick response from 14 agencies,
including a helitack unit from Rifle. Miller said the fire triggered a seamless response
from multiple agencies who continuously plan and train for such events. Lessons learned
from the incident will help agencies become even better prepared in the future, he said.
The fire was located 1,000 feet above 13 acres of a 180 acre defensible space area
created in 2007 and 2008, a little less than two miles from Eagle's Nest on Vail Mountain
and 1,500 feet from homes in the Highland Meadows neighborhood. The response
included the evacuation of Vail Mountain as a guest-safety precaution. The fire was
fueled by grass and heavy timber with standing dead trees as well as many dead trees
that had fallen, creating large amounts of fuel for the fire and difficulty in accessing the
area. Chief Miller says the defensible space that surrounds the town was a component
in the fire's containment and he's asking residents to assist in creating defensible spaces
within Vail's neighborhoods for additional protection. "All the planning that has taken
place over the last several years really paid off...We knew what it was like to work
together...We worked well together...The defensible space efforts have paid off...l'm
proud of the guys and all of the planning that has gone on over the years." Gordon
thanked staff for their commitment to the training.
The third item on the agenda was an option to redevelop the LionsHead Parking
Structure.
Town Attorney Matt Mire asked Council to authorize and direct the Town Manager to
send a letter to Open Hospitality Partners ("OHP") on behalf of the Town of Vail (the
"Town") declining the counteroffer from OHP dated July 28th and terminating
negotiations relating to the redevelopment of the LionsHead Parking Structure. On July
15, 2009, a letter was sent on behalf of the Town to Mark Masinter of OHP
acknowledging that the Developer Improvement Agreement, dated October 16, 2007,
between the Town and OHP pertaining to a proposed redevelopment of the LionsHead
Parking Structure (the "Property") had expired by its own terms. The letter went on to
offer OHP an option to redevelop the Property pursuant to certain terms and conditions
of a Development Option Agreement (the "Option AgreemenY') which was attached to
the letter. On July 28, 2009, Mr. Masinter, on behalf of OHP, responded via
correspondence to the Town's offer of a development option with a counteroffer which
substantially modified the terms of the draft Option Agreement. Masinter requested a
tabling due to a death in his family and his inability to be at the meeting. Gordon moved
to table the item with Hitt seconding. Rogers emphasized the issue needed closure. "It
closes the door finally on all the hanging threads that we have." During a pause for
public comment Kaye Ferry and Greg Moffet spoke in support of tabling the item.
Cleveland said he was prepared to terminate the relationship with Masinter. "The
discussion is purely our response to Mark's counter offer." Vail Homeowner's
Association representative Jim Lamont commented, "I think we have gotten way to far
over the past few years on this franchise business...Depriving the public of comment on
this is unconscionable." The motion passed 4-2, with Rogers and Cleveland opposed.
The fourth item on the agenda was the Second reading of Ordinance No. 17, Series of
2009, An ordinance submitting to the registered electors of the Town of Vail, Colorado,
at a regular municipal election to be held on November 3, 2009, a ballot question to
amend Section 3.2 of the Town of Vail Charter regarding Town councilmember terms of
office.
After attempting several approaches to address inconsistencies with the Vail Town
Charter as well as certain conflicts with state election laws, the Town Council voted to
deny approval of an ordinance that would have placed a measure before voters on the
Nov. 3 ballot as it relates to council terms and term limit provisions. In reviewing second
reading of the ordinance that would have established the ballot question, council
members expressed mixed opinions as to whether the ballot should specify a term limit
of three consecutive terms, where an official would serve anywhere from six to 12 years
depending on election outcomes, versus two consecutive terms, where an official would
serve anywhere from four to eight years. The Town Charter establishes term limits of no
more than eight consecutive years. There was also discussion about the merit of
retaining two-year terms for the fourth highest finisher in the election. The Town Charter
currently specifies the top three finishers in Vail's municipal elections receive four-year
2
terms, while the fourth-highest finisher receives a two-year term. The intent is to provide
for a turnover of the Council majority every two years. The Colorado Constitution defines
terms as four years and states that elected officials may not serve more than two
consecutive four-year terms in office. The discrepancy had resulted in the town's request
for a legal opinion which advised that town council members who are approaching term
limits would be eligible to serve four-year terms if re-elected. Cleveland said he was
uncomfortable with allowing three four year terms. Rogers spoke in support of two four
year terms. "I don't believe we should have anyone serving twelve years up here." Daly
said the status quo all ows the public to "throw the scoundrels out, if they've been
scoundrels." During a pause for public comment, Greg Moffet spoke in support of the
status quo. Mire said to make the issue more complicated would not serve a purpose.
Kaye Ferry asked why Council members could not be limited to serving eight years. Vail
Homeowner's Association representative Jim Lamont spoke in support of everyone
being treated equally by being able to serve eight years. "The community appreciates a
cleansing process with its elected officials." Rogers moved to disapprove the ordinance
with Gordon seconding. The motion passed 4-2 with Gordon and Rogers voting against.
The fifth item on the agenda was Adjournment.
Hitt moved to adjourn with Foley seconding at 6:59 p.m. The motion passed
unanimously, 6-0.
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Lorelei Donaldson, Town Clerk
i
Vail Town Council Meeting Minutes
Tuesday, September 1, 2009
6:00 P.M.
Vail Town Council Chambers
I
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Kim Newbury
Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
There was none.
The second item on the agenda was the Consent Agenda.
a. Approval of 08.04.09 & 08.18.09 Town Council Minutes.
Daly moved to approve the minutes with a minor amendment with Foley seconding. The
motion passed unanimously, 7 -0.
The third item on the agenda was the Town Manager's Report.
a. Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of July, collections for the month were expected to
be $1.1 million, down 20.5% from July, 2008. Year -to -date total sales tax collections
were down 15.9% from 2008 and up 0.1% from budget. Inflation as measured by the
consumer price index was down (-2.1%) for the month of July compared to 2008. Use
tax collections as of August 27, 2009, total $565,514, a ten percent increase from this
time last year, due to the Ramshorn project moving forward. The annual budget of
$500,000 has already been met. Construction permit revenue through August 27 totals
$626,435 down 63% from 2008. The 2009 budget assumed a 66% drop. The decrease
I
in activity from the prior year is due to both major and non -major redevelopment projects
1
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i
I
underway in 2008. Major redevelopment projects so far this year make up 64% of the
total. Revenue from non -major projects is down 45% from 2008. Real Estate Transfer
Tax (RETT) collections through August 27, 2009, total $1.5 million. This amount is a
74% decrease from last year due to both major and non -major redevelopment projects.
Eagle County as of June, 2009, is down 64% in sales dollars and down 54% in the
number of sales transactions. At this time last year, the town had collected over $5.7
million in RETT from sales of major redevelopment projects such as Arrabelle, Forest
Place, One Willow and the Vail Plaza. Year -to -date 2009 has seen limited sales from
j major redevelopment projects and is down 84 %. Collections not related to major
projects year -to -date are 52% down from this time last year.
I
The fourth item on the agenda was the Vail Village Loading and Delivery Update and
Review of Pilot Programs.
Public Information Officer Suzanne Silverthorn reported that on June 19, 2007, staff
received direction to develop an operational plan for the successful use of a dispersed
loading and delivery network in Vail Village. A 17- member working group was formed
during the summer of 2007 with representation from the business community, residential
neighborhood, vendors and the Town Council. The group met numerous times
throughout 2007 and 2008 to develop recommendations for a pilot operational plan to
address the opening of the underground Mountain Plaza facility (12 shared bays) and
the Vail Plaza Hotel facility (five shared bays) during the 2008 -09 ski season. This
review by the Town Council follows a series of incremental actions:
• November 18, 2008: Pilot Program for Village Core loading and delivery policies
approved for implementation on January 9, 2009, and review on March 17, 2009.
• March 17, 2009: Village Core pilot program reviewed to include modifications for
designated courier access and limited on- street delivery pilot program for East
Meadow Drive to be reviewed on July 7, 2009.
• July 7, 2009: Pilot programs modified for review on September 1, 2009, as
follows:
-- Village Core Program.
• Mountain Plaza loading docks available 4 a.m. to 10 p.m. daily.
• On- street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and from 4
a.m. to 10:30 a.m. on Gore Creek Drive.
• Designated courier areas for Fed Ex, UPS, USPS, etc.
• Determine optimal location on Gore Creek Drive (either north
side, east end of Gorsuch Building as currently in use) or move to south side of
street. Hours are 6 a.m. to 6 p.m.
• Remove Mill Creek Court Building loading zone on Gore Creek Drive. Improve
ADA parking visibility (signage and paint) in front of Mill Creek Court Building and
expand spaces if possible.
• Explore restricting westbound traffic on Gore Creek Drive for better optimization
of Checkpoint Charlie.
• Hanson Ranch Road across from the Christiania Lodge available for 30 minutes
of unattended parking for vehicles less than 20 feet in length from 6 p.m. to 2
a.m. No parking from 2 a.m. to 6 a.m. Also available for 5- minute attended
parking.
2
• All loading and delivery policies will be strictly enforced.
- -East Meadow Drive Pilot Program.
• On- street loading and delivery on the street's north side from Vail Boot and Shoe
west to Alpenrose from 5 a.m. to 8 a.m.
• Policies will be strictly enforced.
• Staff will work to facilitate cooperative agreements with affected parties and
property in the Vail Village Inn Special Development District (SDD #6) and the
Town of Vail to explore alternatives such as a freight elevator or lift that will
accommodate the transport of deliveries from the loading dock at Vail Plaza
Hotel to businesses on East Meadow Drive.
Silverthorn then requested consideration of the following recommendations:
• Retain current loading and delivery policies for Village Core and East Meadow Drive
through the remainder of 2009 and into mid -2010 with interim modifications as
needed. Likely modifications would result upon completion of interior options
identified for Vail Village Inn Special Development District, #6. Also, continue to
monitor impacts associated with removal of the loading zone in front of Mill Creek
Court Building and recommend adjustments, if needed.
• Direct staff to evaluate opportunities for future incremental adjustments in the Vail
Village loading and delivery policies upon completion of Solaris in July 2010. The
four shared bays at Solaris will complete the Village core public improvements for
dispersed loading and delivery which will include a total of 21 public bays (located at
Mountain Plaza, Vail Plaza Hotel and Solaris), estimated at $15 million in public
improvements invested by the developers, and ongoing contractual cost -share
investments by the town for operation of the Mountain Plaza facility.
During a pause for public comment Bridge Street home owner Yvonne Maloney
expressed concern about the lack of loading and delivery access in the Mill Creek Court
area. Cleveland said the town has never denied Vail Village access to individuals living
and staying on Bridge Street. Kaye Ferry spoke in support of allowing loading and
delivery in the Mill Creek Court area. Vail Homeowner's Association representative Jim
Lamont said he had not heard any complaints about the recent loading and delivery
program changes. Johnathon Staufer asked if loading and delivery between the Vail
Plaza Club and Vail Village Inn area was at a standstill or still moving forward. Ruther
commented, "We are not dead in the water we have more work to do." Wright asked for
the opportunity for Community Development, Police and local merchants to develop a
positive outcome. United States Postal Service representative Jim Armstrong then
complained one of his postal carriers was denied vehicular access to the Mountain Haus
from the Austria Haus on Meadow Drive.
The fifth item on the agenda was a Motion to approve the Town of Vail's contribution
($3,000) to a settlement agreement concerning case number 09 -CV -142, Danielle Marie
Trujillo v. Two Rivers Drug Enforcement Task Force ( "TRIDENT ") et al.
Town Attorney Matt Mire explained the total amount of the settlement amongst all
named defendants is $15,000. The other defendants in the case include the Town of
3
Rifle Police Department, Garfield County Sheriffs Department and the Town of Silt
Police Department. Daly moved to approve the request with Foley seconding. The
motion passed unanimously, 6 -0. Newbury had left the room.
The sixth item on the agenda was an Option to redevelop the LionsHead Parking
Structure.
Town Attorney Matt Mire asked Council to authorize and direct the Town of Manager to
send a letter to Open Hospitality Partners (OHP) on behalf of the Town of Vail declining
the counteroffer from OHP dated July 28, 2009, and terminating negotiations relating to
the redevelopment of the LionsHead Parking Structure. On July 15, 2009, a letter was
sent on behalf of the town to Mark Masinter of OHP acknowledging the Developer
Improvement Agreement (DIA), dated October 16, 2007, between the town and OHP
pertaining to a proposed redevelopment on the LionsHead Parking Structure (LHPS)
had expired by its own terms. The letter went on to offer OHP an option to redevelop the
property pursuant to certain terms and conditions of a Development Option Agreement
which was attached to the letter. On July 28, 2009, Mr. Masinter, on behalf of OHP,
responded to the town's offer of a development option with a counteroffer which
substantially modified the terms of the draft Option Agreement. On August 18, 2009, the
Town Council tabled this item to this meeting. Gordon moved to direct staff to continue
negotiations until October 20 with Hitt seconding. Masinter stated he wished to look
forward and not backwards. "We are totally willing to help pay for parking structure
improvements." During a pause for public comment, Rob Levine, Matt Morgan, Phil
Long, Frank Johnson, Mark Depahlis, Chris Romer, Michael Bartman and Ann Sweed all
spoke in support of continuing negotiations with OHP. Vail Homeowner's Association,
Jim Lamont said in the past the town has unsuccessfully spent millions of dollars to
redevelop the structure. Bob Lazier asked Council to treat Masinter as fairly as
possible. "I believe he is a valuable asset to the community." Kaye Ferry said she
believed the deed restriction on the property (controlled by Vail Resorts) would not be
lifted until Vail Resorts got every approval they wanted out of the proposed EverVail
project. "He deserves it because he has dealt with this town in an honorable way."
Zemler said he was concerned that the negotiations were beginning to develop into a
perpetual cycle. Daly expressed concern about continuing negotiations. "That's tying up
one of the most critical and valuable pieces of property in the town ... That is neglecting
our fiduciary responsibility." Foley said the deed restriction issue had to be resolved.
"We shouldn't be negotiating with anyone until the deed restriction is lifted." Newbury
moved to approve the resolution with Rogers seconding. The motion passed 5 -2 with
Cleveland and Daly opposed.
The seventh item on the agenda was Resolution No. 22, Series 2009 for the
Transportation Master Plan Amendment for West Vail Fire Station access.
Town Engineer Tom Kassmel asked Council to approve Resolution 22, Series 2009, an
amendment to the Vail Transportation Master Plan Access Management Plan for West
Vail Fire Station access. In May of this year the town adopted the Vail Transportation
Master Plan which included an Access Management Plan (AMP) that was developed
jointly between the town and the Colorado Department of Transportation (CDOT). The
AMP showed one access point for the future West Vail Fire Station. The current
preferred design shows two access points, one for the general public and one for
emergency vehicles. Kassmel said CDOT would permit this additional emergency
access if the town was willing to amend the AMP. An amendment to the AMP and the
4
Master Plan required approval of a resolution. Newbury moved to approve the resolution
with Rogers seconding.
The eighth item on the agenda was Adjournment.
Newbury moved adjourn with Foley seconding at approximately 8:05 p.m. The motion
passed unanimously, 7 -0.
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ATTEST:
Lorelei Donaldson, Town Clerk
5
Vail Town Council Meeting Minutes
Tuesday, September 15, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Not present: Dick Cleveland, Mayor
j Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
i
The first item on the agenda was Citizen Input.
Eagle County Commissioner Peter Runyon asked for Council support of an Eagle Airport
Interchange (off of 1 -70). He then asked Council to not link decisions on projects or use
a "quid pro -quo mentality." Rogers asked if the only reason the County wanted to
pursue the project was because the Federal Government funding might be available.
Hitt said he opposed the project because of the cost and the impact to the environment.
Local businessman Steve Rosenthal spoke in support of the Vail Chamber and Business
Association sponsored Premier Impression program. "It has been very well supported
by the business community."
Vail International Homeowner's Association representative Snowden Smith expressed
concern about the color of the new Dobson Ice Arena roofing material, as well as
concern about the material itself.
Vail Homeowner's Association representative Jim Lamont asked for improved public
notification for all public projects. "It is time that we become more transparent... How are
we going to fix the design review process ?"
Local restaurateur Billy Suarez asked Council to continue the Premier Impression
program.
1
Colorado Ski Museum representative Suzie Tjossem asked for Council's financial
support of the museum.
Paul Rondeau complimented the town for budget transparency.
Tom Saaffeld encouraged better public notification be provided on projects that may
impact adjacent property owners.
The second item on the agenda was the Town Manager's Report.
r
There was none.
The third item on the agenda was the West Vail Fire Station Discussion /Update.
Fire Chief Mark Miller reported a third station (and staffing) would clearly improve the
department's response time and resources. These are the two most critical factors in
station location and firefighter deployment. A new West Vail station could potentially
reduce response times by nearly four minutes, which has significant life /safety benefits
to Vail residents. A fire doubles in size every 30 seconds. To cut the overall response
time makes a measurable difference in life safety /property loss scenarios. In addition,
relative to cardiac arrest and other critical medical incidents, it is the difference between
life and death. Resources (firefighters) on scene will increase by 30 %, giving the
department 14 firefighters (including mutual aid) on scene within the first ten minutes to
accomplish the critical tasks that must be performed on a structure fire. With
approximately 16% of the department's incidents being "back to back" the additional
resources also allow for coverage of the town when the two other engine companies are
on incidents. The Insurance Services Office (ISO) indicates the department needs to
respond with two engines and one ladder truck on all fires. The addition of the third
station allows for this as well. He then reported the specific and measurable benefits of a
third station include:
• Puts critical resources in our most vulnerable area (West Vail).
• Allows for reducing size of facilities and renovation of Main and East Vail
stations(due to all residents being located in West Vail), and also allows for some
employee housing options.
• Significant reduction of "Target Hazard" problem. Vail has significant "exposure"
f issues (proximity of homes to wild land interface).
Room for fire apparatus and Police communication van currently being stored at
PW facility - Satellite station for PD.
• Back -up Emergency Operations Center (EOC).
• Gives the Fire Department a place to train, have a meeting (besides truck room),
all residents firefighters in one location, etc.
Miller said he felt the Town of Vail is vulnerable. "We have significant staffing and
response time deficiencies ... A third station would be a significant improvement to our
operations throughout the Town of Vail." Miller emphasized the importance of the
"readiness to serve." "The National Fire Protection Association drives what we do and of
course fire fighter safety." Miller also reported the town received a grant to partially fund
three firefighters for five years. "I think this is the perfect time to build a new fire
station ... the fire station has not faired well in the competing priorities of the TOV over the
last two decades, now is the time." Rogers clarified the equipment in the new station
2
r would be useful in the event of a large wildfire. Newbury suggested improving the other
two fire stations through the use of bond proceeds acquired for the construction of the
new station. Zemler thanked Miller for his diligent efforts on the project.
The fourth item on the agenda was a request for direction on Electric Personal Assistive
Mobility Devices ( "EPAMD's ").
Police Commander Steve Wright reported that on June 16, 2009, the Town Council
passed Ordinance No. 15, Series of 2009, which authorized the operation of EPAMD's
on certain pedestrian and bike paths otherwise prohibited by state law. The rights
granted pursuant to Ordinance No. 15, Series of 2009, were to expire on September 30,
2009. The options available to Council were to 1) allow EPAMD's to continue to operate
in the Town of Vail pursuant to the limitations set forth in Ordinance No. 15, Series of
2009; or 2) further regulate the operation of EPAMD's by repealing or amending
Ordinance No. 15, Series of 2009. Based on minor complaints and incidents the staff
recommended amending Ordinance No. 15, Series of 2009, by extending the sunset
provision and ordinance expiration to September 30, 2010. "The PD has some minor
safety concerns but not enough reason to oppose the continuation of Segways... We
have had some anecdotal complaints but no formalized complaints that required a Police
response." During a pause for public comment, Nancy Rondeau commented, "Why do
we need to turn our walkways into a circus parade... These Segways make people
startled and they leap out of the way." Vail Homeowner Association representative Jim
Lamont said, "I would suggest that we continue with the experiment... I'm concerned our
pathway systems are being loved to death." Newbury confirmed the Segways could be
manually moved. Local Segway operator Daryl Bangert said about 300 individuals went
on guided tours there were 300 self - guided rentals. In addition there were there 250
demos. Joe Dimasic said the group only used a very small section of the recreation
path. "On Sundays we never go close to the farmer's market as a rule." Paul Rondeau
asked Council to remain ahead of the curve and not be defensive. He then encouraged
Segways be required to have a warning device. Foley moved to extend the ordinance
f with Hitt seconding. The motion passed unanimously, 5 -1 with Gordon opposed.
I The fifth item on the agenda was the First reading of the 2010 Budget Ordinance No.
19, Series of 2009.
Budget and Financial Reporting Manager Kathleen Halloran reported that proposed
expenditures across all funds total $48.4 million. Gordon asked how much in reserves
across all funds; Judy Camp responded that reserves totaled a similar amount,
approximately $48 million. Daly expressed concern over funding for the 5 -year capital
budget; Gordon clarified the Capital Improvement Plan was not a multiyear obligation.
During a pause for public comment, Tom Steinburg asked if there was still money
budgeted for a Ford Park Master Plan. He then expressed displeasure with the
possibility of a parking structure being placed in the park. "Parking structures are not
allowed on FordPark ... Industrialization of Ford Park is not allowed." Kathy Michaelasy
spoke in support of Council supporting Small Champions (a local non - profit which
provides activities for disabled children). Paul Rondeau recommended Council not fund
road overlays in 2010, using those budgeted funds for the West Vail Fire Station
construction. Daly clarified several road improvements have been deferred in the 2010
budget. Gordon moved to approve the ordinance with Newbury seconding. The motion
passed 5 -1 with Daly opposed. Hitt thanked staff for their diligent work preparing the
budget. Zemler applauded the efforts required of Halloran to develop the 2010 budget.
3
The sixth item on the agenda was adjournment.
Newbury moved to adjourn at 8:44 p.m. with Foley seconding. The motion passed
unanimously, 6 -0.
'so Odefe.09 0'
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•.
Dick Cleveland Mayor
ATTEST: IORP
Lorelei Donaldson, Town Clerk
4
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I
Vail Town Council Meeting Minutes
Tuesday, October 6, 2009
6:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Suzanne Kinkaid Spoke in support of the Hidden Gems (environmental
protection) program.
Megan Gilman of the Eagle Valley Alliance for Sustainability and the Energy
Smart Local Improvement District encouraged Council to endorse a Smart
Energy Local Improvement District. Daly clarified Town of Residents could
participate although the town would incur no specific costs.
The Town of Vail was sponsoring the replanting of 175 spruce trees this week as
part of an ongoing reforestation and beautification project. The Trees for Vail
effort begins Oct. 7 when 75 students from Red Sandstone Elementary School
will join the town staff in planting 50 -75 saplings. The fourth and fifth grade
students will be working from 12:30 to 2:30 p.m., rain or shine, with the plantings
to take place on the upper bench of Donovan Park and the Vail Golf Course. The
locations were selected for their ability to maximize survival and proximity to
irrigation systems. Then on Oct. 8, residents who show proof of Vail residency
will be eligible to pick up a free one - gallon 14" spruce tree to be planted within
the town. The give -away will take place from 8 a.m. to 5 p.m. daily at the Town of
Vail Community Department parking lot while supplies last. The trees will be
given away on a first -come, first - served basis and will be limited to one tree per
household. A brochure will accompany each tree with information on tree
planting instructions and the town's wildfire reduction efforts. Town environmental
health officer Bill Carlson is organizing the activities. "Planting trees in the Town
of Vail will replace trees lost to the mountain pine beetle infestation and endow a
noteworthy beautification of Vail," he said. "It's our goal to bring the Trees for Vail
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efforts of the past back to life." Trees for Vail was initiated in 1992 by community
members and continued until 1998.
The second item on the agenda was a Proclamation of Community Planning
Month.
Cleveland proclaimed October 2009 as Community Planning Month in the Town
of Vail. Each year the American Planning Association, its members, chapters,
divisions, and professional institute sponsor National Community Planning Month
to raise the visibility of the important role of planning in communities across
America. National Community Planning Month also creates an opportunity for
local communities to recognize the public service contributions of their
professional planners and the citizen volunteers of their councils, boards and
commissions. In celebration of National Community Planning Month, the Town of
Vail Community Development Department will host a series of public walking
tours each Thursday in October to showcase development projects within Vail
Village and Lions Head that formed Vail's "Billion Dollar Renewal." The tours will
depart from the Colorado Ski Museum entrance at the Vail VillageTransportation
Center as follows:
Thursday, Oct. 1st 5:30 to 7:00 p.m.
Thursday, Oct. 8th 5:30 to 7:00 p.m.
Thursday, Oct. 15th Noon to 1:30 p.m.
Thursday, Oct. 22nd Noon to 1:30 p.m.
Members of the Community Development Department will also be speaking to
local non - profit organizations and schools about community planning and the
Community Planning Month events. Staff requested Council join other
communities across America in promoting October 2009 as Community Planning
Month. Newbury moved to approve the proclamation with Daly seconding. The
motion passed unanimously, 7 -0.
The third item on the agenda was the Town Manager's Report.
a. Winter Parking Update.
Public Works Director Greg Hall explained preliminary parking recommendations
to Council and the audience. "An official Parking Task Force Meeting will be held
in the near future." During a pause for public comment, Kaye Ferry said the
current shopper parking methodology was very effective. Hall said he would
return in two weeks with an update.
b. Revenue Update.
Budget and Financial Reporting Manager Kathleeen Halloran reported that when
all sales tax returns are received for the month of August, collections for the
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month are expected to be $1.1 million, down 20.9% from August, 2008. Year -to-
date total sales tax collections are down 16.4% from 2008, and flat with the
budget. Inflation as measured by the consumer price index was down ( -1.5 %) for
the month of August compared to 2008. Use tax collections as of September 30,
2009, total $642,274, a 14% increase from this time last year, due to the
Ramshorn project moving forward. The annual budget of $500,000 has already
been met. Construction permit revenue through September 30 totals $700,221,
down 64% from 2008. The 2009 budget assumed a 66% drop. The decrease in
activity from the prior year is due to both major and non -major redevelopment
projects underway in 2008. Major redevelopment projects so far this year make
up 60% of the total. Revenue from non -major projects is down 39% from
2008.RETT collections through September 29, 2009, total $1.7 million, compared
to a full year forecast of $2.4 million. This amount is a 71% decrease from last
year due to both major and non -major redevelopment projects. Eagle County as
of July, 2009, is down 66% in sales dollars and down 54% in the number of sales
transactions. At this time last year, the town had collected over $5.7 million in
RETT from sales of major redevelopment projects such as Arrabelle, Forest
Place, One Willow and the Vail Plaza. Year -to -date 2009, has seen limited sales
from major redevelopment projects and is down 84 %. Collections not related to
major projects year -to -date are 44% down from this time last year. Across all
funds, total revenue of $33.3 million is down 22.8% year -to -date from this time
last year and down 2.9% from the budget. Town reserves total an estimated
$50.6 million.
Zemler said the town would be hosting a public briefing for Vail Town Council
candidates from 5 to 7 p.m. Oct. 13 in the Town Council Chambers. The briefing
will include a budget overview and updates on topics ranging from
redevelopment of Timber Ridge to Tax Increment Financing. Candidates also will
be encouraged to ask questions of the town staff for additional information -
gathering. Nine candidates are running for four open council seats in the Nov. 3
municipal election.
The fourth item on the agenda was the Consent Agenda.
a. Approval of the 09.01.09 and 09.15.09 Town Council Minutes.
Daly moved to approve the minutes with a minor amendment with Foley
seconding. The motion passed unanimously, 6 -0. Cleveland recused himself
from the vote as he was not in attendance at the 09.15.09 meeting.
b. Appoint seven people to be election judges for the Regular Municipal Election
on November 3, 2009. A memorandum was provided to Council with the names
of seven judges. Hitt moved to approve the list with Rogers seconding. The
motion passed unanimously, 7 -0.
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The fifth item on the agenda was Eagle County Airport 1 -70 Interchange
Presentation.
Eagle County Commissioner Peter Runyon spoke in support of an 1 -70 /Eagle
County Airport interchange presentation. He said he was disappointed the
Council had previously failed to support the proposal. "The United States
government has received 1400 applications for American Recovery and
Reinvestment Act grant funding... My optimism on receiving funds has
diminished... If we need this funding we need broad based community support."
Daly moved to support the interchange with Hitt seconding. The motion failed 2-
5, with Gordon and Daly voting in favor.
-- Public presentation and discussion regarding design schemes, financing
options, and staffing recommendation (SAFER grant) for West Vail Fire Station.
At the Vail Town Council Evening Session on September 15th, Council provided
direction to staff to return on October 6th to make formal public presentation on
the West Vail Fire Station and solicit citizen feedback relative to design schemes,
etc. In addition, the Town Manager and finance staff presented a revised 2010
budget incorporating funding options for staffing and constructing the West Vail
Station. Vail Fire & Emergency Services has developed performance objectives
that are specific to the town's needs, but also aligned with accepted National
Standards for the Fire Service. Staff understands it is unrealistic to meet all
national standards to the full extent, but feel it is the department's due diligence
to meet the intent of the national standards when possible. National Fire
Protection Association 1710 indicates that the first arriving engine should be on
the scene within six minutes (total) on 80% of incidents, and 14 - 16 firefighters
should be on scene within ten minutes (total response time) on 80% of incidents
for a residential structure fire. As a matter of note, today the Vail Fire Department
can only assemble 10 - 11 firefighters on scene (including mutual aid). The goal
is to meet the 14 -16 firefighters within the first ten minutes with the addition of the
3rd station. It is the intent, that with the addition of the West Vail Station, staff can
meet these objectives /standards more than 80% of the time. Response times
could be reduced by approximately four minutes with the addition of the West
Vail Station. This means improved life /safety response throughout the
community. Miller commented "The Town of Vail is vulnerable to response times
and resources (especially West Vail) ... response times and resources
(firefighters) are inadequate." He then explained Insurance Service Organization
requirements. "This station has been in the works for 28 years... This is a
tough decision and if I were sitting in your seats I'm sure I would struggle with
this decision; however, public safety is a priority and we have a financing option
that will allow us to pay cash for the station as well as a grant to augment staffing
costs." Rogers asked if the SAFER Grant would still be required if the West Vail
Station was not built. Miller noted, "A fourth firefighter per shift could be
effectively utilized... My professional objective as a fire chief is that we need this
fire station." Foley had questions regarding the need for an elevator in the
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station, and suggested staff further investigate. Gordon asked if a community
room could be included in the design of the building (taken out at Councils
suggestion at last meeting). Miller commented, "There is no reason the training
room could not be used by other Town of Vail departments." During a pause for
public comment, Tim Moffet encouraged Council to approve the station. Dr. Tom
Steinberg said he had supported the West Vail Station for over 25 years. "Your
(Town Council) primary duty is to protect the citizens... Get this fire station built."
James Wilkins then spoke in support of the West Vail Station. Foley moved to
continue onto the next phase of design development with Daly seconding. Daly
said he has a greater sensitivity to the potential for wildfire. "I think there is
potential for twenty percent savings in this structure. I think we should value
engineer this project down without sacrificing quality." Newbury thanked staff for
developing a cash financing concept. "This is a good use of town funds even in
these tough economic times." In regard to using cash reserves to build the fire
station, Cleveland commented, "This is exactly the type of project this community
deserves." The motion passed unanimously, 7 -0 to build the West Vail Fire
station and approve the use of the staffing grant to hire three additional
firefighters.
-- Second reading of the 2010 Budget Ordinance No. 19, Series 2009
Budget and Financial Reporting Manager Kathleen Halloran stated the proposed
$51.2 million fiscal year plan included reductions that began in 2009. During
2009, a total of $2.9 million was reduced from the 2009 budget, along with 12
positions. Since the first look at 2010 projections, another $1 million and 4
positions have been reduced. This resulted in a balanced budget for 2010
without impacting service levels and annual expenditures supported by revenues.
Council members had also asked to review a budget that accommodated the
addition of three firefighters and construction costs associated with building a
third fire station. Those costs include $210,000 for staffing in 2010 which would
be supplemented by $117,000 from a federal grant for a net cost to the town of
$93,000. Construction costs for the West Vail fire station are currently budgeted
in the Capital Projects Fund at $5.6 million over two years, and were proposed to
come from the town's current cash reserves rather than incur approximately $4.2
million in financing costs over the next 20 years. Staff also asked Council for
suggestions on how to fund $10,000 for the Premiere Impressions program
administered by the Vail Chamber and Business Association (VCBA). VCBA
Executive Director Rich tenBraak said the cash normally goes to hard costs,
subsequently in -kind contributions would not be as valuable. "Vail Resorts has
offered up $15,000 in cash and in kind ... The cash goes a lot farther to us than in
kind." Zemler asked Council to direct staff to fund the program from 2009 funds.
Council then moved to direct staff to find the funding in the 2009 budget. The
motion passed unanimously, 7 -0. Gordon moved to pass Ordinance 19, series
of 2009 as proposed with amendment to keep the Buy -Down program in tact and
reduce the Ford Park Master Plan project. Hitt seconded. The motion failed 2 -5
with Gordon and Hitt voting in favor. Gordon said with decreasing housing costs
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the time is opportune to increase the town's employee housing infrastructure.
Daly said he was uncomfortable spending money on the Ford Park Master Plan.
Hall said he would like to keep $200,000 in the 2010 to continue the planning
process. Additional questions regarding capital projects were raised. Council
was in agreement regarding the operating budget but wanted to focus on capital
projects during their next meeting. Foley moved to table the Ordinance with Daly
seconding. Zemler said he would come back with issues, not changes, to
budgeted numbers. In regard to a proposed elevator in the envisioned West Vail
Fire Station Rogers said, "I would like to see the law on this...I think it's a
complete waste of money to put an elevator in a two story building." The motion
to table passed 6 -1, with Gordon opposed.
-- Presentation and request to operate a pedicab business within the Town Vail.
The Town Code Title 7, Chapter 5, Section 7, "Pedicabs Allowed" requires that
before any such pedicab may lawfully operate on the streets of the Town, the
operator must obtain the appropriate license or authorization from the Town
Council. On September 23, 2009, Dave Wasserman, Pedicab owner /operator,
presented his business proposal to Town of Vail staff. Staff reviewed the
proposal and the approved route and did not find any issues with operating a
pedicab business on the streets of Vail. Wasserman said he would use one
pedicab. Newbury moved to approve the request with Hitt seconding. The
motion passed unanimously, 7 -0.
- -Holy Cross Energy Electric Line Easement at Public Works Shop.
Public Works Director Greg Hall announced the Colorado Department of
Transportation (CDOT) requires an upgrade to their electrical service for the 1 -70
variable message signs. Their service connection is at the Public Works Shop
Entry. Holy Cross Energy lines are north of the town's property. In order to place
a line from the Holy Cross lines to the CDOT service, Holy Cross will be required
to cross Town of Vail land which is the Public Works Shop parcel. Public Works
staff has met with CDOT and Holy Cross and determined the appropriate routing.
Newbury moved to approve with Rogers seconding. The motion passed
unanimously, 7 -0.
- -First Reading of Ordinance No. 18, Series of 2009, an ordinance repealing and
re- enacting Chapter 10, Building Codes, Vail Town Code; adopting by reference
the 2009 editions of the International Building Code, International Residential
Code, International Fire Code, International Mechanical Code, International
Plumbing Code, International Fuel Gas Code, International Energy Conservation
Code, International Performance Code; 2008 edition of the National Electrical
Code; 1997 edition of the Uniform Code for the Abatement of Dangerous
Buildings and with regard to the above described codes, adopting certain
appendices
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Chief Building Official Martin Haeberle reported the Building and Fire Appeals
Board had, through a process of community consensus, reviewed the 2009
International Building Codes and recommended Council adopt the 2009
International Building Codes with several amendments. The proposed
amendments specifically address the uniqueness of the construction
environment in Vail. "We want to comply with the most modern building
standards in the industry." In regard to fire code, Deputy Fire Chief Mike McGee
said outside (third -party) entities were used to develop the new code as it directly
applies to the Town of Vail. Committee member Rich Seth commented, "What
we've done with the codes is pinpoint them to our local area." It was then clarified
maximum spacing of fire hydrants within town limits is 1000 feet. Daly moved to
approve the ordinance with Rogers seconding. The motion passed unanimously,
7 -0.
- -First Reading of Ordinance No. 20, Series of 2009, an ordinance repealing and
re- enacting Ordinance No. 5, Series of 2006, establishing Special Development
District No. 39, Crossroads
Chief of Planning, Warren Campbell announced that on September 14, 2009, the
PEC unanimously recommended approval of a major amendment to SDD No.
39, Crossroads, to increase the number of dwelling units from 78 to79. This
increase in the number of dwelling units was accomplished by converting an
existing common space within the structure. There was no increase in Gross
Residential Floor Area (GRFA) or reduction in commercial floor area associated
with the change. Newbury moved to approve the ordinance with Hitt seconding.
The motion passed. unanimously, 7 -0.
-- Ordinance No. 21, Series of 2009, An Ordinance Amending Ordinance No. 15,
Series of 2009, Defining Electronic Personal Assistive Mobility Device
( "EPAMD "); Establishing Regulations Regarding the Operation of such Devices
in the Town of Vail
Town Attorney Matt Mire reported that on September 15, 2009, Council directed
staff to amend Ordinance No. 15, Series of 2009, extending the Sunset Provision
and Ordinance Expiration for an additional year to October 5, 2010, and adding a
new section requiring EPMAD's to have audible warning safety equipment
installed. Newbury moved to approve the ordinance with Foley seconding. The
motion passed unanimously, 7 -0.
-- Resolution No. 23, Series 2009: Approval of Vail Local Marketing District's 2010
Operating Plan and Budget.
Newbury moved to approve the resolution with Daly seconding. The motion
passed 6 -1, with Foley opposed. Foley said he believed the VLMD should
partially fund the Commission on Special Events.
-- Adjournment
Newbury moved to adjourn the meeting at approximately 9:43 p.m., with Foley
seconding. The motion passed unanimously, 7 -0.
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Dick Cleveland, Mayor
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ATTEST:
Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, October 20, 2009
6:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Andy Daly
Farrow Hitt
Kim Newbury
Not present: Margaret Rogers
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
There was none.
The second item on the agenda was the Town Manager's Report.
Town Manager Stan Zemler reported a joint meeting with the Town Council, Planning
and Environmental Commission (PEC), Design Review Board (DRB), Vail Local Housing
Authority (VLHA) and the Timber Ridge Affordable Housing Committee (TRAHC) had
been set for Tuesday, October 27, at 2:00 p.m. in the Town Council Chambers.
Additionally, Kim Newbury reminded everyone the town's annual food drive ended on
Friday, October 23rd.
The third item on the agenda was Resolution 22, Series of 2009. A resolution in support
of the Energy Smart Loan program, a ballot measure to be posed to voters on November
3rd, 2009, which will allow Eagle County to provide bonding authority to issue low
interest loans to residents for energy efficiency and renewable energy improvements on
their homes and allow the participants to repay these loans through property taxes.
Kristen Bertuglia, the town's Environmental Sustainability Officer, opened the discussion
based on the background supplied in the Council packet. Daly asked why the town had
to opt in? Bertuglia responded that the County could not allow participation in the
program unless the town approved it. Matt Scherr with the Eagle Valley Alliance for
Sustainability explained this tool would allow repayment and financing for environmental
improvements to someone's home, with the homeowner, in many cases, seeing an
immediate energy savings, and the repayment tied to the property itself. Gordon asked
whether there was any financial liability for the town and was told there was not. Schere
went on to say the program would probably happen in the spring, assuming there was a
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positive vote in November. Brian Sipes likened this Local Improvement District (LID) to
Tax Increment Financing (TIF), allowing capital infrastructure to be improved with a
financing mechanism in place. Mike Cacioppo suggested this program did not pass the
smell test and only created bigger government. Ron Aldrich, an East Vail resident, said
this was a tremendous program which would hep fight global warming and would help
the construction industry during this recession. Scott Proper suggested there were other
traditional financing options to support these efforts. Cleveland was concerned the
county was taking on debt and had questions about operational costs. He said the
project should be "farther along." Foley agreed the Council should wait to see if it
passes and that he agreed with Minturn's stance. Gordon moved to approve Resolution
22 as read, with a second from Newbury. The vote was 3 -3, Gordon, Newbury and Daly
in favor (Rogers absent) so the vote was defeated.
The fourth item on the agenda was the Initial review of parking feasibility concepts for
Ford Park.
Greg Hall opened the presentation stating Council had previously requested staff to
determine if underground parking was feasible at Ford Park and at what cost. Carlos
Hernandez with Fehr and Peers went through a series of demonstrations stating how
many people were on the site, at what time of day and how this affected the Village and
LionsHead Parking Structures. He also concentrated on how they arrived at the park. In
response to how the park is managed, he stated use of existing parking facilities would
be key, as well transitioning visitors from driving to transit, walking and biking. He also
stated to supplement the current and future uses during the summer programming at
peak times would require an increase in parking of between 400 -800 spaces. Jana
McKenzie with EDAW /AECOM provided background on goals, issues and next steps.
The lack of a formal entrance to the park was discussed as each of the parking
scenarios was laid out, along with issues arising from multiple user groups and venues
in the park. Project goals included: Define the number of parking spaces; maintain park
functions; improve overall design quality of Ford Park; improve pedestrian access;
balance parking needs with programming; improve safety; identify a potential site for a
future civic site; and minimize impact during construction. Existing conflicts center
around pedestrian access; drop off and arrival; conflicts between user groups and
overlapping events, vehicle noise from 1 -70; and functional challenges for events on the
existing play fields. Under public input, John Becker suggested a winter solution through
a demountable space solution. Ann Kurronen, Executive Director of the Betty Ford
Alpine Gardens, asked all user groups be brought into the process as this moves from
an academic discussion to a "go forward" basis. Tom Steinberg said to be wary of
aritificial turf referring to a New York City recent report on high temperatures recorded.
He also suggested Vail Resorts look at their parcel to the south of Ski and Snowboard
Vail which could provide 3 -4 levels of parking. Joe Staufer said the town should not
accommodate the day skier for Vail Resorts. Mike Cacioppo said Vail Resorts needs to
pay their fair share. Jim Lamont with the Vail Homeowner's Association said this current
look at the park was breaking new ground but asked what the "normal," not peak, day of
parking in the summer required. He suggested adding a premier parking program for
park users. Foley asked if it was feasible to add an additional two decks to the
LionsHead Parking Structure. Daly stated no more money should be spent on planning
until: land use constraints and defining documents were reviewed; Vail Resorts (VRI) is
brought into the conversation; user groups are brought in together; and a determination
of capacity at Golden Peak was established. Hitt suggested while it was tempting to put
in as much parking as possible, transit should be improved, VRI should be involved and
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the town not lose sight of the $4.3M VRI parking obligation. Newbury said the actual
need for additional parking at Ford Park must be determined. Gordon stated we should
not lose sight of one of the original key successes that brings parks, walkways and right -
of -way through retail areas. Increased parking at Ford Park would not necessarily
accomplish this. Cleveland wanted to continue the master planning process to explore
current and prospective uses in the park and to keep the emphasis on the summer.
Since this was the first look at the possible scenarios, staff said they would continue to
refine and address the issues brought up.
The fifth item on the agenda was the recommendations of the Parking Task Force for
2009 -2010 winter parking season.
Public Works Director Greg Hall presented an overview, slightly revised from the
previous presentation, of the recommendations of the Parking Task Force for 2009-
2010. A new program currently approved by the Colorado Department of Transportation
(CDOT) which will allow permit parking on the Frontage Roads in certain parts of town:
across from the Children's Garden of Learning will accommodate 40 spaces and west of
the Shell Station in West Vail will provide approximately 100 spaces. The Pink Pass will
be raised from $100 to $150 for season and is good for Ford Park and the Soccer Field
parking lot. The Wendy's lot will equivalent to the Frontage Road price at $100 Monday
through Friday and will remain free on Saturday and Sunday. A grace period of 15
minutes was recommended for the Value Card /Shopper parking on the top deck of the
Village parking structure and the middle south deck of the LionsHead structure. Tom
Steinberg asked if his request to use the west service road at Ford Park had been
review, and for various reasons, it was not deemed viable. Foley asked Council whether
he had their support to request ECO and the school district make the former Battle
Mountain High School parking lot available this winter for park 'n ride and was given a
thumbs up. Newbury moved to approve with a second from Daly. The motion passed
unanimously, 6 -0.
The sixth item on the agenda was the First reading of Ordinance No. 22, Series of 2009,
an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to allow medical
marijuana dispensaries as a conditional use in the Commercial Core III, Arterial
Business, General Use, and Commercial Service Center Districts.
The Vail Town Council has voted against regulating medical marijuana dispensaries
within the town. By voting 5 -1, Hitt opposed, against first reading of an ordinance that
would have allowed the dispensaries as a conditional use in certain zone districts, the
action prevents such businesses from locating within the town. Prior to the vote, the
council heard from several citizens who shared concerns about the appropriateness of
medical marijuana dispensaries within the resort community, concerns that were also
expressed by Police Chief Dwight Henninger. In voting against the ordinance, the
council also clarified that medical offices and pharmacies are prohibited from becoming
a medical marijuana dispensary within the town. Citing the evolving nature of the issue,
the council asked to monitor an information- gathering process initiated by the Colorado
Municipal League to determine if additional considerations will be needed in the future.
Newbury moved to approve, with a second from Foley.
The seventh item on the agenda was the Second Reading of Ordinance No. 18, Series
of 2009, an ordinance repealing and re- enacting Chapter 10, Building Codes, Vail Town
Code; adopting by reference the 2009 editions of the International Building Code,
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International Residential Code, International Fire Code, International Mechanical Code,
International Plumbing Code, International Fuel Gas Code, International Energy
Conservation Code, International Performance Code;2008 edition of the National
Electrical Code; 1997 edition of the Uniform Code for the Abatement of Dangerous
Buildings and with regard to the above described codes, adopting certain appendices.
The eighth item on the agenda was the Second reading of the 2010 Budget Ordinance
No. 19, Series 2009.
Gordon stated he would not accept a reduction to the buy down program in that one of
the Council's three primary goals was work force housing. Hitt suggested while it was
still a priority, perhaps it was not so much of one in this economy. He also said the town
didn't want to lose the opportunity in this economy to purchase when the cost is lower.
Cacioppo stated the inclusion of the new fire station and staffing would serve this
comunity well. Staff clarified that the fire station was included in the capital budget.
Foley noted he would vote against this ordinance because of the 61/39 sales tax
revenue split between operating and capital, noting capital improvements were vital.
Gordon made a motion to approve the ordinance as read, with a second from Hitt. The
motion failed 2-4 (Gordon and Hitt in favor). Newbury suggested offsetting the $500,000
2010 buy down expenditure with $186,000 of employee housing pay -in -lieu revenue
(received from development projects in 2009). Halloran and Camp explained that this
change would not affect the budget ordinance, but agreed to alter the capital budget
worksheet to reflect Council's direction. The resulting buy down line item would be
broken into two line items: $314,000 paid for directly from the capital projects funds and
$186,000 paid for by the pay -in -lieu revenue collected in 2009 (also recorded in the
capital projects fund). Newbury then moved to approve the budget with that one
change to capital and to amend the budget detail sheet, with Daly seconding that
motion. The motion passed 5 -1 (Foley opposed).
The ninth item on the agenda was the Second Reading of Ordinance No. 20, Series of
2009, an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006,
establishing Special Development District (SDD) No. 39, Crossroads, and setting forth
details in regard thereto.
Newbury moved to approve second reading of Ordinance 20, with Daly seconding. The
motion passed unanimously, 6 -0. For details, contact Warren Campbell at 479 -2460.
The tenth item on the agenda was Resolution No. 24, Series of 2009, A Resolution
Approving the Pre - Development Agreement Between the Town of Vail, Colorado,
Timber Ridge Affordable Housing Corporation and Vail Timber Ridge LLC Regarding the
Redevelopment of the Timber Ridge Property; and Setting Forth Details in Regard
Thereto.
Town Attorney Matt Mire introduced the Resolution by stating the pre - development
agreement between the Town of Vail and Vail Timber Ridge LLC established terms for
the predevelopment process and parameters for the eventual development of the
property for employee housing. The terms: a long term lease where the TOV retains
ownership of the parcel; a one one -time up front payment of $11 M to the town; a
commitment to submit a complete development application to the TOV by April 1, 2010;
the development shall include 359 Employee Housing Units (EHUs), capable of housing
570 beds (individuals); the TOV will refund the town's construction use tax and waive all
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other building and inspection fees; the TOV will share in the cost of rock fall mitigation if
any is required; and both the TOV and Timber Ridge LLC agree to conduct at least one
pre - applicant conference with the Town Council, the DRB, and the PEC prior to
submitting the initial development application. None of the above groups will be bound
by discussions in this predevelopmet conference. Two minor verbiage changes were
added in Section 3(i) and 2G. Daly moved to approve Resolution No. 24 as amended,
with a second from Newbury. The motion passed unanimously, 6 -0.
The eleventh item on the agenda was Resolution No. 25, Series of 2009, A Resolution
Approving the Development Option Agreement Between the Town of Vail, Colorado, and
OHP Vail One, LLC, Regarding the LionsHead Parking Structure Development Option
Agreement; and Setting Forth Details in Regard Thereto.
Attorney Matt Mire introduced the Resolution 25. Mark Masinter, a principle in the OHP
Vail One, LLC, stated he was committed to support the agreement. Kristen Williams
with VRI stated a commitment to lift the deed restriction had been published in the Vail
Daily and VRI was willing to be flexible. However, she stated a five year agreement was
too long and would not allow opportunities for other growth to occur. Gwen Scalpello
said the community was never really allowed to "vet" the concept. Council discussion
surrounded termination by either the town or the Developer and examining a better
defined use for non - commercial and potentially extending the building permit expectation
from 24 months to 32 months. Hitt moved to approve the resolution as read with a
second from Gordon. Foley stated he would vote no because the LionsHead Parking
Structure should remain a parking structure. Cleveland said he would vote against it
because of the existing deed restriction. Daly said he would also vote against the
resolution because he couldn't support tying up this asset. The vote failed 3 -3 (Foley,
Cleveland, Daly against). Farrow moved to table the resolution to November 3 with a
second from Gordon. The motion passed 5 -1 (Cleveland opposed).
The twelfth item on the agenda was adjournment.
There being no further business, Foley moved to adjourn with a second from Newbury.
The motion passed unanimously, 6 -0. The meeting adjourned at 10:25 p.m.
SEAL I Dick Cleveland, Mayor
ATTEST: •` .,...••.
ORA
Lorelei Donaldson, Town Clerk
5
w
i
Vail Town Council Meeting Minutes
Tuesday, October 27, 2009
2:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Andy Daly
Farrow Hitt
Kim Newbury
Not present: Margaret Rogers
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The Vail Town Council reviewed the proposed plans for redevelopment of Timber
Ridge during a joint meeting on Oct. 27. During the pre - application conference,
representatives from Vail Timber Ridge, LLC presented initial architectural
renderings showing a five -story building extending 800 feet along the five -acre
development site, which represents half the property. The conceptual
development plan includes the following components: 356 units, ranging from
390 sq. ft. for a studio up to a 960 sq. ft. for a two - bedroom, two -bath unit; five -
level parking garage, representing 1.7 parking spaces per unit; washer and dryer
in each unit; and fitness center and clubhouse. Members of the Vail Town
Council, Planning and Environmental Commission, Design Review Board, Vail
Local Housing Authority and the Timber Ridge Affordable Housing Corporation
attended the meeting.
The presentation followed approval of a pre - development agreement by the Vail
Town council that provides for the following:
• A long -term ground lease of 60 years with renewals where theTown of Vail
retains ownership of the parcel.
• A one -time up front payment of $11 million to the Town of Vail.
• A commitment to submit a complete development application to the Town
Vail by April 1, 2010.
• The development shall include 359 Employee Housing Units (EHUs),
capable of housing 570 employees.
• The western half of the site will remain operational during the
redevelopment.
1
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i • The Town of Vail will refund the town's construction use tax and waive all
I other building and inspection fees.
• The Town of Vail will share in cost of rock fall mitigation if any is required.
• The Town of Vail agrees to reimburse the potential developer a maximum
amount of $1 million if the Town of Vail fails to deliver the property.
• Both the Town of Vail and Vail Timber Ridge, LLC agree to conduct at least
one pre - application conference with the Town Council, the Design Review
Board (DRB) and the Planning and Environmental Commission (PEC) prior to
submitting the initial development application. None of the above groups will
be bound by discussions in the predevelopment conference.
Next steps include additional meetings with the Colorado Department of
Transportation, utility representatives and the fire department prior to submittal of
the development application. Community Development Director George Ruther
indicated the development review process will take an estimated six months.
Constructed in 1981, Timber Ridge is Vail's largest employee housing complex,
consisting of 198 rental units on just . over ten acres. The town acquired the
property in 2003 for $20 million to preserve the property's deed restricted
employee housing designation.
The conceptual development presentation from Oct. 27 is available on the town's
web site at vailgov.com.
The meeting was adjourned at approximately 4:15 p.m
0• N.OF • �
SEAL =J1
Dick Cleveland, Mayor
ATTEST: cOlp�p'
t
Lorelei Donaldson, Town Clerk
i 2
i
Vail Town Council Meeting Minutes
Tuesday, November 3, 2009
6:00 P.M.
Vail Town Council Chambers
E
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
There was none.
The second item on the agenda was the Consent Agenda.
Daly moved to approve the minutes with a minor amendment with Foley seconding. The
motion passed unanimously, 7 -0.
The third item on the agenda was the Town Manager's Report.
a. Revenue Update
Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of September, collections for the month are
expected to be $747,506, down 10.4% from September, 2008. Year -to -date total sales
tax collections of $13.1 million are down 15.9% from 2008 and flat with the budget.
Inflation as measured by the consumer price index was down ( -1.3 %) for the month of
September compared to 2008. Use tax collections as of October 29, 2009, total
$672,760, a 10% increase from this time last year, due to the Ramshorn project moving
forward. The annual budget of $500,000 has already been met. Construction permit
revenue through October 29 totals $745,819 down 65% from 2008. The 2009 budget
assumed a 66% drop. The decrease in activity from the prior year is due to both major
and non -major redevelopment projects underway in 2008. Major redevelopment
projects so far this year make up 50% of the total. Revenue from non -major projects is
down 26% from 2008. RETT collections through October 27, 2009, total $2.1 million,
compared to a full year forecast of $2.4 million. This amount is a 67% decrease from
last year due to both major and non -major redevelopment projects. Eagle County as of
August, 2009, is down 65% in sales dollars and down 50% in the number of sales
transactions. At this time last year, the town had collected over $6.5 million in RETT
1
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from sales of major redevelopment projects such as The Arrabelle at Vail Square, Forest
Place, One Willow and the Vail Plaza. Year -to -date 2009 has seen limited sales from
4 major redevelopment projects and is down 84 %. Collections not related to major
projects year -to -date are 38% down from this time last year. Across all funds, total
revenue of $35.1 million is down 21.9% year -to -date from this time last year and down
3.5% from the budget. Town reserves total an estimated $50.6 million.
b. Wildland Fire Debrief.
Fire Chief Mark Miller and Wildland Crew member Dusty Calfe presented a video
highlighting the summer's wildland fire prevention activities.
c. Introduction of Art In Public Places (AIPP) Coordinator.
Public Works Director Greg Hall introduced the town's new AIPP Coordinator Molly
Eppard.
d. Timber Ridge Bond Update
Finance Director Judy Camp reported the interest rate being paid on the Timber Ridge
variable bonds has averaged just 0.9% this year. The resulting savings will allow Timber
Ridge Affordable Housing Corporation ( TRAHC) to reinstate the debt service reserve
fund on the bonds to its required level. In addition, TRAHC will redeem all outstanding
principal on its fixed rate bonds on December 1, 2009, saving $120,000 in interest over
the next four years.
Greg Hall then explained the details of a letter requiring Council approval prior to being
sent to the Colorado Department of Transportation. The letter discussed plans for
managed Frontage Road parking and future parking strategies, as well as the potential
means for the town to take ownership of the Frontage Roads.
Environmental Sustainability Coordinator Kristen Bertuglia asked for Council approval to
enter into a Memorandum of Understanding (MOU) with the governor's energy office.
"It's basically a handshake to allow the Town of Vail access to the free services the
governor's energy office provides through their performance contracting program ... The
town has selected an energy services company to provide a town -wide (energy) audit."
Daly asked if any obligations came with the MOU. Bertuglia replied that the MOU
obligates the town to act in a good faith effort to reduce energy consumption and follow
the program guidelines. It was clarified a budget exists for the audit.
Zemler then acknowledged Hitt for his efforts and diligence over six years as a Council
Member. Hitt chose to not run for re- election in 2009.
The fourth item on the agenda was a Planning & Environmental Commission
(PEC) /Design Review Board (DRB) Update.
During a review of the most recent meetings of the PEC and DRB, Chief of Planning
Warren Campbell answered questions regarding the latest proposals to go before the
two boards. No items were discussed in detail.
2
The fifth item on the agenda was Resolution No. 25, Series of 2009, A Resolution
Approving the Development Option Agreement Between the Town of Vail, Colorado and
Open /Hillwood Partners Vail One (OHP), Regarding the LionsHead Parking Structure
s Development Option Agreement.
I Town Attorney Matt Mire asked Council to consider the Development Option Agreement
and vote on whether to authorize the Town Manager to sign and enter into the
agreement with OHP on behalf of the town in a form approved by the Town Attorney.
Hitt said the town might as well give OHP first opportunity to redevelop the LionsHead
parking structure. OHP representative Mark Masinter said his company had acted as a
responsible corporate citizen. During a pause for public comment, Joe Staufer said the
next (newly appointed) Council should vote on the resolution and they should solve the
parking problem once and for all. He then questioned Gordon's ability to vote on the
resolution as he had received campaign contributions from Masinter. Ted Stears, Jony
White Taylor, Josh Shlepenburg and Bill Suarez, spoke in support of the project.
Suarez emphasized, "Let's get the infrastructure such as parking and employee
housing prior to starting the project." David White and Gwen Scalpello urged Council to
think the project through more thoroughly. Scalpello commented, "This agreement has
no value to the Town of Vail." Bill Pierce said, "To think of taking valuable property into a
private development is beyond my comprehension...I hope you will stop this discussion
right now." Rayla Kundolf stated, "The town needs to revisit what the town really needs
in order to move into the future." Dick Neal continued, "How many of you have gone
down and looked at other (OHP) projects" He then reported the Perot group was in
financial straights. Greg Moffet said the contract did not give away title to town
property. Vail Resorts representative Kristen Williams said priority of the deed
restriction on the property was protecting parking on the LionsHead parking structure.
As Council discussed the resolution Rogers commented, "I wish it would have worked
but it didn't... I'm not sure the money is there even if the project was feasible... Vail
Resorts would not lift the deed restriction when we had a viable project ...Vail Resorts
didn't lift the deed restriction and the world changed financially... This is part of the cost
of doing business... Normally you would pay to tie up the property." Hitt said the
agreement did not strip the Council of anything. He emphasized the possibility of
$100,000,000 in public improvements and the previous proposal met all town
development standards. Foley said he opposed the project. "We shouldn't be tying up
six acres of town land." Daly said he had consistently been against extending this
option. "The concept of encumbrances on a significant asset that may limit our capacity
to make improvements in the future is unacceptable." Gordon said the agreement did
not obligate the town. "I will remain committed to this process." Cleveland said he had
been opposed to the project since day one. "I don't think it is in the best interest of the
community to tie up any piece of property." Gordon moved to approve the resolution
with Hitt seconding. The motion failed 3-4, with Hitt, Gordon and Newbury voting in
favor.
The sixth item on the agenda was adjournment.
Foley moved to adjourn with Newbury seconding at approximately 7:45 p.m. The motion
passed unanimously, 7 -0.
3
,'. Dick Cleveland, Mayor
• t.
ATTEST: •
Lorelei Donaldson, Town Clerk
4
Vail Town Council Meeting Minutes
Tuesday, November 10, 2009
6:00 P.M.
I Vail Town Council Chambers
e
Members present: Dick Cleveland, Mayor
i Susie Tjossem
Kevin Foley
Margaret Rogers
Andy Daly
Kerry Donovan
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was a Swearing in of Newly Elected Council Members.
Town Clerk Lorelei Donaldson swore in the four recently elected Town Council
Members: Kevin Foley, Kim Newbury, Susie Tjossem and Kerry Donovan.
Cleveland welcomed the newly elected and re- elected Council Members.
The second item on the agenda was the Town Organizational Meeting.
a. As per Section 3.3 - 3.4 of the Vail Town Charter: Selection of Mayor /Mayor
Pro -Tem.
Daly moved to appoint Cleveland as Mayor with Foley seconding. During a pause for
public comment Michael Cacioppo expressed concern that "illegal, backdoor, secret"
meetings had been held to determine who would ultimately be Mayor. Cleveland and
Foley then clarified no illegal meetings took place. The motion passed unanimously, 7-
0.
Rogers moved to appoint Newbury as Mayor Pro -Tem with Daly seconding. The motion
passed unanimously, 7 -0.
b. As per Section 7.2 of the Vail Town Charter: Selection of the Municipal Judge.
Foley moved to reappoint Cyrus "Buck" Allen as the Town of Vail Municipal Judge with
Tjossem seconding. Allen commented that he continued to enjoy working for the town.
The motion passed unanimously, 7 -0.
Cleveland thanked Gordon and Hitt for their dedicated service on the Town Council. Hitt
said it had been a pleasure working for the community.
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Donaldson thanked the candidates for their dedicated service and encouraged them to
apply for upcoming board openings, as will as declare their candidacy in the next
election.
The third item on the agenda was Adjournment.
Foley moved to adjourn with Newbury seconding at approximately 12:15 p.m. The
motion passed unanimously, 7 -0.
- SEAL
Dick Cleveland, Mayor
ATTEST:
n IL/V U 1
Lorelei Donaldson, Town Clerk
2
Vail Town Council Meeting Minutes
Tuesday, November 17, 2009
6:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Kerry Donovan
Kevin Foley
Margaret Rogers
Andy Daly
Susie Tjossem
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Cleveland welcomed recently elected members Susie Tjossem and Kerry Donovan to
Town Council. Cleveland then said he was committed to making the Council Chambers
a more congenial place to handle town business.
Vail Homeowner's Association representative Jim Lamont applauded comments about
DRB notifications (discussed earlier in the day). He then asked that Council reconsider
direction to staff to only pursue service level improvements as opposed to legal
requirements.
Foley asked the audience to pause for a moment of silence for a West Vail shooting
victim. Zemler thanked all participating agencies for their assistance in responding to
the West Vail shooting. Daly asked staff to send a letter of gratitude to the participating
agencies.
Zemler then announced there would be a full day Town Council retreat at the Antlers
Hotel and Conference Center on December 8.
The second item on the agenda was the Town Manager's Report.
There was none.
The third item on the agenda was the 1 -70 / Vail Pass Winter Preparations and a Review
of PriorSeason Enforcement.
Police Communications Manager Joe Robiero introduced Pete Mertes, Colorado
Department of Transportation; Rich Duran, Colorado State Patrol (CSP); and Dan
Baxter, consultant to CDOT for traffic flow enhancement. Baxter commented, "We are
working to implement innovative programs to deal with safety and efficiency of 1 -70...
1
(Vail Police Chief Dwight) Henninger has been an active participant in putting plans
together... 1-70 has the strongest influence in the state over the local economy." He then
talked about positive impacts of heavy towing and active traffic management. Daly
thanked Duran for helping with the very successful traffic management program.
Newbury clarified the recently approved AutoSocks (tire traction enhancement devices)
were very effective. Duran commented, "From the CSP side, we see they work very
well." Cleveland asked why chain inspections do not take place at the bottom of Vail
Pass as they do at the bottom of Donner Pass in Northern California. Zemler said a
social networking application is being developed to provide real time information on the
1 -70 Corridor. During a pause for public comment, Michael Cacioppo asked if the active
management tools (signs) could run in the absence of electricity and if the devices would
be used for law enforcement. Baxter explained, "The first systems I am seeing are not
being used for traffic law enforcement." Cleveland clarified that recently installed
variable message signs would be operational this winter. Vail Homeowner's Association
representative Jim Lamont encouraged cameras being installed at the Main and West
Vail roundabouts. He then thanked Zemler and Hall for upgrading the response efforts
to 1 -70 closures. .
The fourth item on the agenda was Council Committee Appointments.
Council voted unanimously, 7 -0, to approve the following Council Committee
appointments. Rogers moved to approve the list with Foley seconding.
COMMITTEE/TASK FORCE COUNCIL MEMBERS
1. NWCCOG Dick Cleveland - Voting
Stan Zemler - alternate
2. NWCCOG Water Quality/ Chuck Ogilby - Voting
Quantity Committee
3. CAST Dick Cleveland - Voting
Stan Zemler
4. VRD /Council Subcommittee Kevin Foley
Andy Daly
Stan Zemler
Pam Brandmeyer
5. Commission on Special Events Staff: Sybill Navas
6. Bravo! Vail Valley Music Festival Margaret Rogers - Voting
Staff: Pam Brandmeyer
8. Channel 5 Vail Valley Community Pam Brandmeyer, Voting
Television Board
9. Art In Public Places Margaret Rogers — non - Voting
10. Mauri Nottingham Environmental Kerry Donovan - Voting
Award
2
11. Vail Valley Exchange /Sister Cities Kerry Donovan — Voting
Youth Recognition Award
12. Eagle County Regional Transportation Kevin Foley
Authority Margaret Rogers - Alternate
13. Ford Park Parking Management Plan Kevin Foley
Staff: Pam Brandmeyer
14. TOV Open Space /Charter Committee Kerry Donovan - Voting
Susie Tjossem - Alternate
Stan Zemler — Voting
David Viele / PEC - Voting
15. Colorado Ski Museum and Ski Hall of Fame John Power — Advisory
16. Vail Alpine Garden Foundation Board Staff: Pam Brandmeyer
17. VLMDAC Susie Tjossem - Voting
Andy Daly
(Statutory authority that allows for a board member to be appointed)
18. Parking Task Force Kevin Foley - Voting
Susie Tjossem — Voting
19. Vail Child Care Center John Power: Voting member
Required by non - profit status. Council approved 07.15.08.
20. Donovan Park Pavilion Diana Donovan
Staff: Pam Brandmeyer
21. Timber Ridge Affordable Housing Corporation ( "TRAHC ")
Monthly Report: Paper Town Manager, President
Quarterly Report: to Council (in person)Community Development Director
Public Works Director
Facility Maintenance Manager
Finance Director
22. 1 -70 Transportation Corridor Coalition Stan Zemler, Executive Committee
Greg Hall
23. Eagle County Citizens Open Space Dick Cleveland
Advisory Committee
24. Vail Economic Advisory Council Andy Daly
Kim Newbury
25. Chamonix Parcel Planning Committee Margaret Rogers
3
Andy Daly
26. Rocky Mountain Rail Authority Stan Zemler
Greg Hall
Kerry Donovan
32. Timber Ridge Redevelopment Advisory Margaret Rogers
Committee
33. Economic Council of Eagle County Margaret Rogers
During a pause for public comment, Michael Caccioppo asked who the town's
representative was for Channel 5 (public access television). Mire then clarified the
Comcast franchise agreement would be worked on in late January.
The fifth item on the agenda was the First Reading of Mill Levy Certification, Ordinance
No. 23, Series 2009.
Budget and Financial Reporting Manager Kathleen Halloran stated Mill Levy
Assessments must be certified to the County for collection annually; this ordinance
authorizes certification. She noted that the presented numbers were only an estimate.
"We are waiting for more final information from Eagle County... Final evaluations will be
obtained by second reading." Rogers moved to approve the ordinance with Foley
seconding. The motion passed unanimously, 6 -0. Daly had left the room.
The sixth item on the agenda was Resolution No. 26, Series of 2009, a Resolution
approving a lease agreement between the Town of Vail, Colorado and the Colorado
Department of Transportation (CDOT) regarding parking along the non - travel lanes of
the Interstate 70 Frontage Roads located within the limits of the Town of Vail.
A request to authorize the Town Manager to enter into a lease agreement with CDOT in
a form approved by the Town Attorney authorizing the use of the Vail Frontage Roads
for both a pilot permit parking program and as overflow skier parking. On October 20th
the Vail Town Council adopted the 2009- 2010 winter parking plan. The plan had a
provision for permit parking to take place on portions of the Vail Frontage Roads which
are owned by CDOT. On November 3rd the Town Council directed the Town Manger to
send the letter to CDOT outlining the provisions for the parking program and town
commitments for use of the Frontage Roads. Staff recommended the item be tabled.
Daly moved to table the item until December 1, with Rogers seconding. The motion
passed unanimously, 7 -0. During a pause for public comment, Michael Caccioppo
spoke against charging the public to park on the Frontage Roads.
The seventh item on the agenda was the LionsHead Transit Center Review.
The Town of Vail and the Vail Reinvestment Authority is in the process of studying the
feasibility of constructing a LionsHead Transit Center in response to past planning efforts
including the LionsHead Master Plan (1998), A Report on the Recommendation of a
Preferred Site for the Town of Vail Transit Center (2005), Vail 20/20 (2007), the
LionsHead Transit Center White Paper (2008), and the Vail Transportation Master Plan
(2009). The purpose of this Council session was to present four refined conceptual
scenarios developed by the design team and funding mechanisms developed by town
4
staff; and have Council provide staff and the design team with direction to bring a
recommended scenario through the design development and entitlement process. The
VRA has contracted with the 4240 Architecture Team to complete this design study.
Since the kick -off with public and stakeholder group charettes on May 20th, the design
team has completed the following:
• Established the givens, goals and measurable criteria of the project (6/2/09)
• Outlined the current conditions, defined study areas, and tested "carrying
capacity" of various study areas to accommodate program components. (6/16/09)
• Transit analysis determining what transit elements need to fit now and in
the future (7/7/09)
• Presented 10 Scenarios for review with a recommendation for moving 4 forward;
Scenario's 1 B, 26, 26/4A Hybrid, 4A (8/4/09)
4240 representative Lou Beeker presented the four separate design alternatives. Local
planner Tom Braun discussed the costs associated with various features of the
scenarios. Public Works Director Greg Hall discussed in detail the cost alternatives for
each scenario along with pros and cons of each scenario. During a pause for public
comment, local hotelier Keith Ozda spoke in support of maintaining pedestrian drop -off
through Concert Hall Plaza. He then asked if any scenario could be completed in one
summer. Vail Homeowner's Association representative Jim Lamont expressed concern
about spending money on a transit center in light of the current economic conditions.
Cleveland and Foley said they weren't willing to spend money just to receive a federal
transportation grant. Council decided to continue with a suggested hybrid of scenarios
1 b and 2b. They emphasized the project must meet initial goals of:
• Reducing bus congestion.
• Improving skier drop -off.
The eighth item on the agenda was Adjournment.
Daly moved to adjourn with Donovan seconding at approximately 10:00 p.m. The
motion passed unanimously, 7 -0.
C QVYhl 0
0001 0 . 0
•f
Dick Cleveland, Mayor
ATTEST: C Or': '•••••0
=RAO
Lorelei Donaldson, Town Clerk
E
5
Vail Town Council Meeting Minutes
Tuesday, December 1, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Kevin Foley
Margaret Rogers
Andy Daly
Kim Newbury
Kerry Donovan
Susie Tjoseem
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Jim Lamont thanked Council for allowing public comment during the Work Session in
regard to cameras being used for traffic monitoring throughout town.
Kaye Ferry said she believed it is imperative a public discussion must be held in regard
to cameras being used to monitor town facilities and public streets.
The second item on the agenda was the Recognition of former Council Members, Mark.
Gordon and Farrow Hitt.
Cleveland and Newbury formally thanked former Council Members Gordon and Hitt for
their efforts working on Council over the past several years.
The third item on the agenda was a Vail Valley Medical Center Update.
Doris Kirchner, the new Chief Executive Officer of the Vail Valley Medical Center,
reassured Council that "the hospital isn't moving downvalley anytime soon." Kirchner
said the hospital is committed to growth and to the Vail community, particularly to the
relationship with the Steadman Hawkins Clinic, which she called the hospital's
"orthopedic engine." "We're working with them to make sure they stay in Vail," Kirchner
said. She told Council the hospital was planning to do a major renovation of its
emergency room and would submit an application to the town in the spring of 2010.
Beyond that, she said, the hospital hopes to add a fourth floor and a sky bridge that
1
would connect the hospital to the US Bank building. "We look forward to working with
Council as we plan our future together." She then told Council that the town's Economic
Development Manager Kelli McDonald was doing a great job.
The fourth item on the agenda was the Town Manager's Report.
a. Timber Ridge Budget.
Finance Director Judy Camp said that, "On behalf of the Timber Ridge Affordable
Housing Corporation ( TRAHC) Board, I am attaching the 2009 amended budget and
2010 annual budget as approved by the board this morning." In 2009, the favorable
interest environment resulted in a significant reduction of interest expense on our
variable rate 2003A bonds. These savings allowed the TRAHC to redirect cash flow to
increase the 2003A bond debt reserve fund to its required level and to pay off in full the
2003B 6.25% fixed rate bonds. Cash flow for the year after these items is projected at
$140,000, resulting in an unrestricted cash balance projection of $1,047,322. The 2010
budget is prepared conservatively. Budgeted rents are $1,192 per month for a two -
bedroom, one -bath unit, with 170 of the units rented to Vail Resorts under an annual
master lease. Overall vacancy rates are projected at 8% in recognition of current
occupancy, the slow economy, and expected lack of renters next summer in non - master
leased units. Operating expenses for 2010 are essentially flat with 2009. Interest
expense shows an increase of $603,000 because we budget based on the rate cap
required by US Bank to support our letter of credit. Currently, the rate cap is set at
5.5 %, whereas the actual variable rate the town is currently paying is less than 1.0 %.
Staff expects to replace the 5.5% rate cap with a 4.0% cap when it expires in May. If
interest rates continue at current levels, 2010 will also result in significant savings from
budget. The 2010 budget reflects a positive cash flow of $224,000 resulting in an
unrestricted cash balance projection of $1.3 million. TRAHC is a non - profit corporation
and a component unit of the Town of Vail. Its budget is prepared on a full accrual basis.
b. Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales
tax returns are received for the month of October, collections for the month are expected
to be $578,522 down 12.7% from October, 2008. Year -to -date total sales tax collections
of $13.7 million are down 15.8% from 2008 and less than 1% down from budget.
Inflation as measured by the consumer price index was down ( -0.2 %) for the month of
October compared to 2008. Use tax collections as of November 24, 2009 total
$701,902, a 10% increase from this time last year. The annual budget of $700,000 has
been met. Construction permit revenue through November 24 totals $780,371 down
68% from 2008. The 2009 budget assumed a 66% drop. The decrease in activity from
the prior year is due to both major and non -major redevelopment projects underway in
2008. Major redevelopment projects so far this year make up 49% of the total dollars,
and are down 81 % from 2008. Revenue from non -major projects is down 23% from
2008. Real Estate Transfer Tax (RETT) collections through November 24, 2009, total
$2.3 million, compared to a full year forecast of $2.4 million. This amount is a 69%
decrease from last year due to both major and non -major redevelopment projects.
Eagle County as of September, 2009 is down 62% in sales dollars and down 47% in the
number of sales transactions. At this time last year, the town had collected over $7.5
million in RETT from sales of major redevelopment projects such as Arrabelle, Forest
Place, One Willow and the Vail Plaza. Year -to -date 2009 has seen limited sales from
2
major redevelopment projects and is down 85 %. Collections not related to major
projects year -to -date are 40% down from this time last year. Across all funds, total
revenue of $36.6 million is down 21.6% year -to -date from this time last year and down
2.3% from the budget. Town reserves total an estimated $50.6 million.
Community Development Director, George Ruther reported the Arosa Drive duplex is on
schedule and the lottery is ready to go for the potential owners. Selection will occur in in
early January, 2010. Rogers said she believed it was a fabulous project.
The fifth item on the agenda was the Election Commission Appointments for the Town
of Vail
Assistant Town Manager Pam Brandmeyer asked Council to appoint two electors of the
Town of Vail to the election commission of the Town of Vail, for a period of two years;
November, 2009 to November, 2011. The election commission consists of the Town
Clerk and two qualified and registered electors of the town, who during their term of
office shall not be town officers or employees or candidates or nominees for elective
town office. These two members shall be appointed by the Council in the first December
meeting following a regular town election, for a term of two (2) years and shall serve
without compensation. The Town Clerk shall be chairman. The election commission
shall have charge of all activities and duties required of it by statute and this Charter
relating to the conduct of elections in the town. In any case where election procedure is
in doubt, the election commission shall prescribe the procedure to be followed. The
commission shall provide procedures to establish proof of residency qualification where
residency is in question. Upon a showing for good cause, the election commission may
require proof of residency by any person registered to vote or attempting to register to
vote in the town. The election commission shall provide for ballots and sample ballots or
voting machines, for determination of the winner in the event of a tie vote, for canvass of
returns and for the issuance of appropriate certificates. Council was then asked to
appoint Vi Brown and Summer Holm to the Election Commission of the Town of Vail.
Newbury moved to appoint Brown and Holm with Rogers seconding. Foley then
thanked Brown and Holm for their efforts. The motion passed unanimously, 7 -0.
The sixth item on the agenda was a LionsHead Transit Center update.
Town Engineer Tom Kassmel reported the Town of Vail and the Vail Reinvestment
Authority, are in the process of studying the feasibility of constructing a LionsHead
Transit Center in response to past planning efforts. The purpose of the item was to
present a more detailed phasing plan, refining the 1 B /2B Modified scenario and discuss
strategies to value engineer the key components of the recommended scenario; and to
have Council provide staff and the design team with direction to bring a recommended
phasing plan and scenario through the design development (DD) and entitlement
process. Kassmel then asked Council to provide staff and the design team with direction
to bring the recommended Scenario 1 B /2B Modified forward thru Design Development
and the town's entitlement process with a maximum total project budget of $15 million,
and authorize staff to enter into contract negotiations with the design team for the
completion of Phase III - Design Development and Entitlements, and direct staff to update
the LionsHead Master Plan to reflect the recommended solution and ultimate long term
solution. Rogers said she would like to see an outline of the actual parking structure
parcel in its entirety. Donovan said she did not see how the project fit into the long
range view of the town's transit strategy. Newbury said she did not believe Concert Hall
3
plaza should be left out of the plan. She then commented, "I will not move forward if we
are looking at a budget of $15 million." Tjossem said she believed the town would be
leveraging Tax Increment Financing dollars (as the town was in position to receive a
federal transit grant). Tsjossem and Cleveland agreed additional parking on the charter
bus lot should be explored. Newbury asked, "Has anyone asked ECO Transit what
there future plans are ?" Vail Homeowner's Association representative Jim Lamont said
"My board members are willing to listen but they remain unconvinced (about the
necessity of improvements)." Cleveland clarified there was not support for a large
public plaza on East LionsHead Circle. Daly said he did not have enough information to
take a qualified position. He than asked for a list of pro and cons of all scenarios and
suggestions.
The seventh item on the agenda was the First reading of Ordinance No. 24, Series of
2009, An Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Dispatch Services Fund, Heavy Equipment Fund and Health Insurance Fund of the 2009
Budget for the Town of Vail, Colorado; and authorizing the expenditures of said
appropriations.
Foley moved to approve the ordinance with Newbury seconding. The motion passed
unanimously, 7 -0.
The eighth item on the agenda was the Second Reading of Mill Levy Certification,
Ordinance No. 23, Series of 2009.
Budget and Financial Reporting Manager Kathleen Halloran said mill levy assessments
must be certified to the County for collection annually; this ordinance authorizes
certification. Rogers moved to approve the ordinance with Newbury seconding. Daly
encouraged lowering the property tax by a fractional amount to show sensitivity to the
Vail taxpayer. Mire encouraged not lowering the mill levy. "I would recommend against
fiddling with your taxing capacity." During a pause for public comment, Vail
Homeowner's Association representative Jim Lamont encouraged lowering the property
tax rate. He said a property tax reduction would help restore faith in government. The
motion failed 2 -5, with Rogers and Newbury voting in favor. Foley then moved to
approve the mill levy with no abatement levy, with Newbury seconding. The motion
passed 4 -3, with Donovan, Daly and Rogers opposed.
The ninth item on the agenda was Resolution No. 26, Series of 2009, a Resolution
approving a lease agreement between the Town of Vail, Colorado and the Colorado
Department of Transportation regarding parking along the non - travel lanes of the
Interstate 70 Frontage Roads located within the limits of the Town of Vail.
Staff asked Council to authorize the Town Manager to enter in to a Lease Agreement
with the Colorado Department of Transportation ( "CDOT ") in a form approved by the
Town Attorney authorizing the use of the Vail Frontage Roads for both a pilot permit
parking program and as overflow skier parking. On October 20th the Vail Town Council
adopted the 2009- 2010 winter parking plan. The plan had a provision for permit parking
to take place on portions of the Vail Frontage Roads which are owned by CDOT. On
November 3rd the Town Council directed the Town Manger to send the letter to CDOT
outlining the provisions for the parking program and town commitments for use of the
Frontage Roads. Cleveland clarified the town would not have to purchase additional
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inurance. Zemler said he would not be opposed to going back to CDOT with continuing
negotiations. Rogers moved to approve the resolution in a form acceptable to the Town
Attorney, with Daly seconding. The motion passed unanimously, 7 -0.
The tenth item on the agenda was Adjournment.
Foley moved to adjourn with Daly seconding at approximately 8:05p.m. The motion
passed unanimously, 7 -0.
SEAL
Dick Cleveland, Mayor
ATTEST: -P/,. OP, 1
J orl, � Do L naldson, Town Clerk
5
Vail Town Council Meeting Minutes
Tuesday, December 15, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Kevin Foley
Margaret Rogers
Andy Daly
Kim Newbury
Kerry Donovan
Susie Tjoseem
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
There was none.
Council then agreed to review the PEC minutes of December 14 as they had just
become available. Chief of Planning Warren Campbell explained the meeting of
the 14 was the first time the PEC has seen the Timber Ridge application.
"There was some concern over the bulk and mass of the structure." Rogers
asked if the PEC has seen the Timber Ridge predevelopment agreement. "I
think it is important for them to have that." Campbell noted, "The purpose of
yesterday's work session was a real work session but we have not received a
completed application... Comments and input can be used as they attempt to
finalize their application... There will be a final hearing in mid - February." Daly
said he thought it was important for the Council, PEC and applicant to have a
joint session. Foley said he would also like to have a discussion regarding
transportation. Rogers said she was not in favor of hiring Jeff Winston (3D
visualization and interactive model developer) to work on the Timber Ridge
project. She said that after serving six years on the DRB she did not find his
work particularly helpful.
The second item on the agenda was the Town Manager's Report.
1
a. Visioning Discussion scheduled for January 19, 2010
Town Manager Stan Zemler commented, "This is a first pass on a variety of
things...I want a clear signal you agree with what is in the plan." Council agreed
with the information provided in the staff memo and directed Zemler to continue
to refine a work plan.
The third item on the agenda was the Consent Agenda.
a. Approval of 11.03.09, 11.10.09 & 11.17.09 Town Council Minutes
11.03.09 Newbury moved to approve the minutes with minor amendments with
Foley seconding. The motion passed 5 -0 with Donovan and Tjossem standing
recused (as they were not present at the 11. 03.09 meeting).
The fourth item on the agenda was the Art in Public Places Board (AIPP),
Commission on Special Events (CSE), Planning and Environmental Commission
(PEC) and Vail Local Marketing District Advisory Council (VLMDAC) Board
Appointments.
There is currently one vacancy for the AIPP board (replacing Steven DeWitt);
three vacancies for the CSE board; two vacancies for PEC (replacing Susie
Tjossem and Scott Lindall); and four vacancies for the VLMDAC board. The
Town received one (1) application for the AIPP Board; eight (8) applications
for the CSE board; six (6) applications for the PEC board and; four (4)
applications for the VLMDAC board.
The applicants are as follows:
AIPP CSE PEC VLMDAC
Monica Mattingly Bobby Bank Luke Cartin John Dawsey
Jon Boord Michael Charles Jamie Gunion
Jenn Bruno Mark Gordon Laurie Mullen
Michelle Kobelan Tyler Schneidman Pete Hayda
Rayla Kundolf Dora Zhu
Monica Mattingly Amanda Zinn
Robert McKown
Dan McNutt
Amanda Zinn
1) Appoint one applicant to the AIPP board for a term expiring March 31,
2011.
2) Appoint four applicants to the CSE for terms expiring December 31,
2011.
3) Appoint two applicants to the PEC, one for a term expiring March 31, 2010
(Susie Tjossem vacancy) and one for a term expiring March 31, 2011 (Scott
2
Lindall vacancy).
4) Appoint four applicants to the VLMDAC for terms expiring December 31,
2011.
Rogers moved to appoint Mattingly to the AIPP Board with Tjossem seconding.
The motion passed unanimously, 7 -0.
Newbury moved to appoint Bank, Kundolf, McKown and Bruno to the CSE with
Foley seconding. The motion passed unanimously, 7 -0.
Daly moved to appoint Dawsey, Gunion, Mullen and Hayda to the VLMDAC with
Rogers seconding. The motion passed unanimously, 7 -0.
Newbury moved to appoint Schneidman and Luke Cartin to the PEC with Foley
seconding. The motion passed unanimously, 7 -0.
The fifth item on the agenda was the Second reading of Ordinance No. 24,
Series of 2009, An Ordinance making supplemental appropriations to the Town
of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Dispatch Services Fund, Heavy Equipment Fund and Health Insurance Fund of
the 2009 Budget for the Town of Vail, Colorado.
Daly moved to approve the ordinance with Foley seconding. The motion passed
unanimously, 7 -0.
The sixth item on the agenda was Resolution No. 27, Series of 2009 A
Resolution Approving an Intergovernmental Agreement Between the Town of
Vail and the County of Eagle Regarding Animal Control Services.
Mire asked Council to approve the Intergovernmental Agreement (the "IGA "), and
authorize the Town Manager to sign and enter into the IGA on behalf of the TOV
with Eagle County. Eagle County and the Town of Vail wish to enter into an
Intergovernmental Agreement (the "IGA ") for the provision of Animal Services to
the Town. The General Animal Services shall include: A minimum of 60 hours of
patrol per month; administration and enforcement of Title 6 of the Town of Vail
Municipal Code; the county will provide the town with monthly and annual reports
of service; animal sheltering services for animals attributable to the Town; and
twenty -four hours per day of Emergency On -Call Service. This is an annual
agreement and Council approval of this resolution was required to enter into the
IGA. Daly moved to approve the resolution with Rogers seconding. The motion
passed unanimously, 7 -0.
The seventh item on the agenda was Resolution No. 28, Series of 2009, a
resolution approving an intergovernmental agreement between the Town of Vail
and Eagle County for the provision of law enforcement services within
unincorporated Eagle County.
3
Police Chief Dwight Henninger reported Town of Vail peace officers are
authorized by the Town of Vail and the terms of C.R.S. §16- 3- 110(1)(a) to act
when a felony or misdemeanor is committed in a Municipal Officer's presence
regardless of whether the Municipal Officer is within the town's boundaries or
whether that Municipal Officer is on duty. The Eagle County Sheriffs duty is to
preserve the peace within Eagle County, including the unincorporated areas of
the county, some of which unincorporated areas are adjacent to town
boundaries. The intermixing of municipal and county jurisdictions may cause
potential confusion as to the actual jurisdiction of each entity's peace officers.
The county and town desire that the Municipal Officers perform law enforcement
functions and enforce the state's law within those portions of unincorporated
Eagle County as necessary in the interest of public safety. It was necessary to
have Council's approval of this Resolution No. 28, Series of 2009 to enter into an
IGA. Daly emphasized fulfilling the town's legal responsibility as well as a moral
obligation. Council confirmed the resolution would not add additional liability to
the town. Henninger explained that any follow up after initial response is
considered an investigation. Rogers said she did not feel she had adequate time
to review the agreement. Daly moved to approve the resolution with Tjossem
seconding. The motion passed 6 -1, with Rogers opposed.
Zemler announced he recently participated in the Vail Police Department's "shop
with a cop" evening. Council thanked the Police Department for their efforts.
It was then determined that Luke Hartman would be appointed to the longer term
of the two PEC vacancies. Newbury moved to appoint Hartman to the longer
vacancy with Donovan seconding. The motion passed unanimously, 7 -0.
The eighth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 7:05 p.m. The
motion passed unanimously, 7 -0.
4 0�4 OF •Lq
SEAL
Dick Cleveland, Mayor
••
ATTEST: O'
FORA
Lo lei Donaldson, Town Clerk
4