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HomeMy WebLinkAbout2001 Vail Town Council MinutesVAIL TOIIVN COUNCIL -MINUTES ~T TUESDAY, January 9, 2001 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, January 9, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF MEMBERS PRESENT: Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Chuck Ogilby Diana Donovan Rod Slifer Greg Moffet Kevin Faley Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Town Manager Under the first item on the agenda, Citizen Participation, there were no items brought forward. The second item an the agenda was a request for Intranet Funding from the Vail Valley Tourism and Convention Bureau {VVTCB). Mayor Kurz suggested the Council defer action on this item to a later meeting to allow for an evaluation of a list of other funding requests was provided by the Town Manager. The third item on the agenda was a request for funding for Special Events: Councilmembers Moffet and Navas discussed allocating the following funding for special. events: - 3 On 3, Aug. 3 - 5, 2001 - $5000 -approved - Street Beat, 2001 - $10,000 -approved - Vail Precision Law Chair Demonstration Team in Bush Inauguration allocate $5000 out of Town Council contingency and $1000 out of Town Manager's Contingency Fund. A vote was taken on the motion and it was passed unanimously, 6-0. An additional request for $25,000 for the 2001 Mountain Bike Championships was put on hold until the Council received further information regarding the event. The fourth item on the agenda was a discussion regarding Meadow Drive Streetscape Improvements Project. George Ruther, Chief of Planning, presented the Meadow Drive Streetscape Improvements Project Kick-Off proposal to the Council, stating the purpose of this meeting was to inform the Town Council and the community of the ~~ scope ofi the proposed project and the intended results. Ruther stated the Town Council had approved funding for improvements to the Meadow Drive Streetscape and this would be the first step to review and amend the existing streetscape improvements proposed in the 1991 Town of Vail Streetscape Master Plan. Todd Oppenheimer, landscape planner for the town, made a presentation to the Council, outlining work being planned along this route. Joe Kracum, representing Washington Infrastructure Services, Inc., addressed the Council, noting his company's commitment in working with the Town of Vail to insure a quality project completed in a minimum amount of time. The project will include pedestrian walkways, landscaping, drainage, roadway and utility work along Meadow Drive. Kracum stated planning would begin the week of February 26, 2001, then they will conduct week-long sessions to obtain input from property owners and residents affected by this project. On March 2, 2001, following the week long session, a public open house will be held to present three design alternatives. Todd stated a budget of $2.5 million had been allocated to complete this work, including utility relocation or renewal, implementing a storm sewer master plan, evaluation and implementation of the 1991 Streetscape Master Plan. Also being considered for renewal was roadway design, landscaping, lighting, and public art. Todd stated a team of designers had been hired, after fihe Town issued an RFP with 4 teams responding. He stated these teams did interview with business owners and residents. Mayor Kurz • asked how the team had been selected. Todd stated the design team had been selected not as low bidder rather than on qualifications as this was a very detailed proposal. No specific design solutions were asked for in the RFP. Councilmember Navas stated she was pleased the Art In Public Places was taking an active role in this as well. Todd stated an additional consultant -Richard Hanson -had been appointed to work with the team as a liaison between design team and the AIPP board to define opportunities for signature pictures and art incorporated into overall project. Oppenheimer stated the goal was to go through the public process, adopt an amendment to the streetscape master plan, and move forward with the implementation plan. Kracum stated his company was looking at materials that are more up-to-date. He stated there were pending changes being proposed to the ice arena, medical center, and redevelopment of several developments including the Vail Valley Medical Center and Vail Plaza West. Several other areas of concern were mentioned by the Council, including the Haagen Daz bus stop, the turnaround by the fire station a possible gate in front of La Bottega with some signage or planters to deter motorists from driving down Meadow Drive towards the hospital. Mayor Kurz stated he had worked with Joe in another resort with the same type of impacts and that he was pleased with the way it was handled and phasing was admirable. Kracum stated he would like to start the las# day of ski season and finish before Memorial Day weekend. Councilmember Donovan stated there were a number of big projects happening along the green area and inquired as to how do we would coordinate these into the project. Kracum stated that during the workshop he would have developerslcontractors meeting with the town to integrate their projects into planning process, working together toward one common goal. Mayor Kurz inquired if the $2 million included utilities. Oppenheimer stated the utility companies will pay for their portion of it and will have to work around our schedule. Mayor Kurz stated he found the document well put together with a good sense of what the Town is trying to convey. Jim Lamont addressed the Council, expressing his interest in working with staff who are interested in this project, stating he felt it was good to get the neighborhood involved and bring a change to character of neighborhood. Councilmember Donovan suggested this would be an opportune time to come up with a plan to eliminate curbs and obtain a safer environment. The fifth item on the agenda was a roll out of Town of VailNail Resorts, Inc. joint meeting held the previous week. Mayor Kurz gave an overview of items discussed in regard to a partnership with Vail Resorts, Inc., stating feedback from within the community and between the two entities should result in a closer and better relationship. Kurz stated the • Council had spent two days with Vail Resorts, Inc., and Town of Vail senior staff going over issues of importance to both. Mayor Kurz stated this meeting was not a oneW time shot, the two parties had agreed to meet again in April to discuss seasonal housing, Vail Center, infrastructure, parking, transportation, and Lionshead redevelopment. Kurz stated the Town of Vail and Vail Resorts felt it was okay to agree to disagree on some items. Both groups agreed tha# retaining the #1 position was most important and planned to work towards retaining this position for some time to come. Councilmember Slifer stated it was the first time the Town Council had had sat down with the senior management at VRI in its entirety and fel# it was a step in the right direction and very productive. The Council felt it was important to involve other groups in their discussions, with plans to hold open house meetings, as well as meetings with commercial property owners and second homeowners. The sixth item on the agenda was the appointment of Managed Growth Agreement Task Force Members. It was decided to defer this appointment to a future meeting, as Porter Wharton and Bill Jensen were out of town and were integral to this appointment. The seventh item on the agenda was the Town Manager's Report. Town Manager McLaurin stated the temporary bubble at the Vai! Gold Course was installed and an open house would be scheduled for next week. McLaurin commended Greg Hall for getting the bubble in place in such a short period of time. Town Attorney Tom Moorhead introduced his new legal assistant, Maryanne Best, to the . Town Council. Councilmember Moffat made a mo#ion to adjourn the meeting. Councilmember Ogiiby seconded the motion. Councilmember Navas requested an expanded agenda item be discussed at the next meeting regarding a request for discussion of identifying space within the town for a recreation/exercise area for dogs, rather than being confined to Bighorn Park. A vote was taken on the motion and the motion passed unanimously, 6-0 The meeting adjourned at 8:15 p.m. ATTEST: ~~^ ,.:.,,,~ q~ , ~ ~ ~ ~ a• ii~~~I Ci. (} fi r~ ~~ L elegy Donaldson, Town Clerk • Minutes taken by Mary A. Caster Ludwig Ku~! Mayor • VAIL TOWN COUNCIL -MINUTES TUESDAY, January 16, 2001 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, January 16, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: STAFF MEMBERS PRESENT Ludwig Kurz, Mayor Sybili Navas, Mayor Pro-Tem Chuck Ogilby Diana Donovan Rod Slifer Greg Moffet Kevin Foley Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was citizen participation. Kaye Ferry addressed the Council, speaking on behalf of the Vail Tomorrow Affordable Housing Team and the business community. Ferry thanked the Town Council for agreeing to pursue the Mountain Bell site for seasonal employee housing. She also thanked the Council for approving the temporary bubble at the Vail Golf Course ice rink. The second item on the agenda was the approval of the December 5t" and 19t", 200D, Town Council minutes. Corrections to the minutes were noted. Sybill Navas made a motion to approve the minutes as corrected and Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was a funding request presented by the Vail Chamber and Business Association. The Town Council has agreed to fund $240,OD0 over a period time to the newly formed organization, with Mayor Kurz stating the Town Council had agreed to fund the organization initially for the first year of its operation. He stated the Council had discussed #heir intentions again today and did want to continue with this agreement. Mayor Kurz stated he would like Kaye Ferry to review the plan briefly with the Council. She stated the three business organizations -the Vail Village Merchants Association, the Lionshead Merchants Association and the Vail Community Chamber merged last year to create the new chamber of commerce. Ms. Ferry was asked if the board had been elected • or appointed by its members. Ferry replied that the general feeling of the members was to hold its election at the annual meeting in October and that she would serve as president of the board until that time. Mayor Kurz also questioned the name of the organization, feeling #here was a potential conflict to the outside with the word "chamber" and the Vail Valley Chamber of Commerce. He suggested the organization might consider some other name that would not confuse the customer as much. Kaye Ferry stated the organization felt the ability to use the name "Vail" with the chamber was mare directly related to Vail and that perhaps the Vail Valley Chamber might consider using another name. Ferry also stated their name had been registered with the State of Colorado. A list of callers to the newly formed Chamber was presented to the Council, stating the callers were asked how they acquired the number and the stated it was through the information service. Councilmember Moffet stated he was deligh#ed the Council could offer funding, but expressed concern about duplicating services that already existed in the community. He also stated he expected #o see a budget brought back to the Council showing how this funding would be spent. Councilmember Slifer stated he hoped in the year 2002 the organization would become self-funding from its members. Slifer stated he had talked with Town Manager McLaurin and Town Attorney Moorhead requesting they draw up an agreement for funds to be paid over a period of time. Vail Chamber board member Steve Rosenthal stated he felt the organization had already shown success by the representation at their meetings. He stated the members of the board were intelligent, hard working people, and wanted the Council to know they have a good business sense. Rosenthal stated the second homeowners have been excited that we have jointed together in a partnership. Mayor Kurz reiterated to the Board that the Council doesn't mean to criticize the Board, they are merely being sensitive on this issue due to the criticism the Council receives for spending public funds. After furkher discussion, Councilmember Moffet made a motion to release $50 thousand immediately for chamber operations and to proceed with a contact prior to the next funding. Councilmember Foley seconded the motion. Mayor Kurz asked for public comment. Jen Brown, Vail Valley Chamber of Commerce, addressed the Council and Vail Chamber board members expressing her full support of Vail Chamber, and their willingness to work together far the benefit of the community. Councilmember Donovan asked what the "drop dead" date far the contract should be. Town Attorney stated a contract adapting the business plan and scope of service would be prepared prior to the next evening meeting. A vote was taken on the motion and the motion passed unanimously, 7-0. The fourth item on the agenda was the first reading of Ordinance #1, Series of 2001, an ordinance amending section 1-5-11 C. of the Town Code establishing the order of business at regular and special meetings of the Town Council. Town Attorney Moorhead presented the ordinance to the Council, stating this was prepared at Council's request to restructure the order of the meetings to accommodate the general public during certain items up for discussion. A suggestion was made to remove the last portion of the sentence of the ordinance to eliminate any confusion on the intent of the . ordinance. Councilmember Moffet made a motion to pass Ordinance #1, Series of 2001, on first reading. Councilmember Donovan seconded the motion. Councilmember Foley stated this change to the ordnance was done mainly for public convenience. A vote was taken and the motion passed unanimously, 7-0 The fifth item on the agenda was the first reading of Ordinance 2, Series of 2001; an ordinance amending the Town of Vail Subdivision Regulations to allow for the creation of a subdivision exemption and correction plat review process. Brent Wilson, Town Planner, presented the ordinance to the Council, stating the Town of Vail Subdivision Regulations currently limit applications for basic land subdivision to two types of review: 1} major subdivisions, and 2) minor subdivisions. However, the town frequently handles applications that fall outside the purview of these processes. Under the current code, minor plat changes (corrections, plat note amendments, etc.) are routed through the minor subdivision process, even though a formal subdivision of land may not occur. Additionally, applicants who wish to plat existing unplatted properties must create a minimum of two parcels in order to comply with current code requirements. This has proven problematic for applicants. In an attempt to make the subdivision review process more "user friendly," staff is presenting a proposed new chapter that allows for an administrative review process for "exemption" and "correction" plats. The process is modeled after our existing "minor amendment" process for special development districts. This new process would allow far staff review of certain plats with a PEC affirmationldenial at a public hearing. Brent stated the PEC had requested this ordinance mainly as a "housekeeping" ordinance to provide an appropriate review process for exemptions. There was discussion following regarding • the issue of additional development potential. Brent advised the Council this was more of an administrative procedure, and any request far additional development potential would need to go through the procedures now in place. Councilmember Donovan brought up the issue of additional GRFA in the Lionshead redevelopment. It was determined that more language needed to be added to Item #7 of the ordinance to further clarify the intent. After further discussion, Councilmember Moffet made a motion to approve Ordinance #2, Series of 2001, on first reading with the additional language fio be added before second reading. Councilmember Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was the appointment of Barbie Christopher to the unexpired term of Trish Kiesewetter for the Art in Public Places Board. Councilmember Navas made a motion to approve the appointment, stating that Trish Kiesewetter had moved out of the area Councilmember Foley thanked Trish for serving on this board. Councilmember Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was the Town Manager's Report. Bob McLaurin, Town Manager, stated he had nothing further to add to his report. Councilmember Moffet made a motion to adjourn. Councilmember Foley seconded the motion. A vote was taken the the motion passed unanimously, 7-0. At that point, Councilmember Navas stated an item needed to be added to the agenda. A motion was . made by Councilmember Moffet to reopen the meeting. Councilmember Foley seconded the motion. The motion was voted on and passed unanimously. Councilmember Navas them made a motion to put into place a 6 month leniency on the dag leash laws at Bighorn Park, with a review at the end of six months. During this time, dogs would be allowed to use the area for exercise, trianing and as a play area while on voice command. Councilmember Foley seconded the motion. A vote was taken and the motion passed . unanimously, 7T0. As there was no further business, Councilmember Moffet made a motion to adjourn. Councilmember Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned at 7:55 p.m. .,,,,,w4 ~` •~® BEAE, +,~ '-f ~~flLURP~ ~f;:~... • ATTEST: ~ele~bonaldson, Town Clerk Minufes taken by Mary A. Caster Respectfully submitted, Ludwig Kurz • WORK SESSION -MINUTES TUESDAY, February 13, 2001 2:30 P.M. In regard to the joint work session with the Eagle County Commissioners, two outcomes were discussed: 1. Staff from both entities will be assigned to explore employee generation. 2. The Town of Vail will have a seat at the Capital Projects Advisory Board. All members were present. Vail Plaza Hotel West (SDD). The request for a Town Council Work Session discussed the proposed Vail Plaza Hotel West Special Development District, a new conference faciiitiylhotellfractional fee unit club proposal at 13 Vail RoadlLot A, B, C, Block 2, Vail Village Filing 2, was tabled indefinitely. Motion made by Sybill Navas, seconded by Greg Moffet, with the resulting vote of 7-0 in favor. C~ ;~ VAIL TOWN COUNCIL -MINUTES TUESDAY; February G, 2001 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, February 6, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Sybill Navas, Mayor Pro-Tem Chuck Ogilby Diana Donovan Rod Slifer Greg Moffet Kevin Faley ABSENT: Ludwig Kurz, Mayor STAFF MEMBERS PRESENT: Bob McLaurin, TownManager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk Mayor Pro-Tem, Sybill Navas, stated Mayor Ludwig Kurz was in Austria, representing the Town of .Vail. The first item on the agenda was citizen participation. Art Abplanalp said he wanted to raise a point of order and said there were two second readings of ordinances listed under the consent agenda that needed to be heard separately and not as part of the consent agenda. He said per the Town Charter, the second reading of the ordinances should be heard as separate items at the town council meeting so the community can have input on these items. He is especially concerned with Ordinance No. 2, Series of 2001 and thinks there are several issues that need to be addressed. Mayor Pro-Tem, Sybill Navas, stated the council had discussed moving these items from the consent agenda at the work session and will do so when they come to it on the agenda. She also said this was the first she had heard that this procedure was not correct and they should look into it. Tom Moorhead, Town Attorney, stated that there are ordinances that have not required additional input and they had placed them on the consent agenda. He said that in the past, items that could have additional public comments, have had a motion, a second and a vote to take them off the consent agenda. The second item on the agenda was a discussion of the Donovan Park Project. Todd Oppenheimer, Department of Public Works Landscape Architect, gave a cast estimate summary update of the project. He said there were three questions that needed answers from the Town .Council based on today's presentation. They are 1) Are they headed in the right direction, are there any course corrections needed at this time; 2) Staff wants approval to award the first phase of Vail Town Council Meeting Minutes February 6, 2001 construction starting in April; and 3} They need approval to prepare a Request for Proposal to do a .design build on a portion of the work that would be advantageous to do at this time. He also said in addition to his update, Otis Odell, of Odell Architects, Chris Squadra, CPE, with Architectural Resource Consultants, Inc. {ARC), who are members of the design team and George Ruther, Chief of Planning for the Town of Vail will be addressing the Town Council. Todd said the design team has made significant progress since last appearing before Council on December 19th of 2000 where the schematic design was presented and approved with conditions. With some adjustments that have been made, over the last three weeks, they have arrived at what you are being presented with today. The design team has lane an outstanding job addressing and responding to the comments, questions and concerns staff has raised. The estimate is a result of a lot of hard work. It's very early in the design development stage and this is where most of the big decisions are made that impact the design and cost of the project. By the next update, there will be a very concrete idea of where they are at in the process. For the budget allocation, they are using the budget amount of $10,350,000, which includes $350,000 that was spend in the year 2000 and $10,000,000 that will be used in 2001. Otis Odell, of Odell Architects addressed the Council and stated they are in the middle of the design development stage. He updated the Council on what the development stage entails. He invited council to the next work session. The design team will keep the Council informed throughout this process. It has been a collaborative effort with staff to get a first draft of the estimate done on January 17, 2001. The project has benefited from this collaboration. The design development phase .are due around March 9, 2001 and will go to Council on April 3 with documentation, cost estimate and plans of this development phase. Chris Squadra, of Architectural Resource Consultants, acknowledged the budget of $10,350,000 for Donovan Park and went through the budget process to make sure everything is in alignment. They want to make sure the $10,350,000 budget is what the Council is set on for this project and what items on the wish list need to stay in the project within the budget number. He gave an overview of the budget numbers. He said some of the numbers that are not in the budget yet are the accel/decel lanes and CDOT standards and Carp. of Engineer process is not included either. He said the dollar figures are appropriate at this time. Council member Kevin Foley asked if there was enough money in the contingency. Chris stated they are committed to staying in the budget and bringing the project in on time. He said ithat if making sure the budget is adhered to they should raise the contingency. Council member Diana Donovan stated the budget is $10,350,000 for the project. Chris said if the Council says to stay within a certain budget they would then make internal adjustments to make sure it stays within the budget. The most important thing to understand is they are asking for a Phase One-A approval today. If there is a delay in that process, it could push the bid .price much higher, as much as $250,000-$300.000 price hike. He went through the list of costs for construction costs, furniture, fixtures, and equipment; municipal fees for water tap fees; professional Vail Town Council Meeting Minutes February 6, 2001 fees for various consultants; operating costs and project contingency casts for a total of $10, 500, .000. He stated the accel/decel lanes are not included in the costs. Mayor Pro-Tem Sybiil Navas asked what the bid came in at. Chris said the bid came in at $60,000 less than the budget, however, the fire department asked to have a water line put in. He said the water line is about $60,000 and have added it as a separate line item. Mayor Pro-Tem Sybill Navas said she had a concern about the water tap fees being so high. Chris stated the Eagle Valley Water & Sanitation District charges everyone. Council member Chuck Ogilby thought the tap fees for Ford Park were waived. Todd Oppenheimer said that historically the tap fees for seasonal use facilities, parks and restrooms. They are assuming they will have that for the restroom and the irrigation but didn't think the tap fees for the pavilion would be waived. He said the tap fees for irrigation at the park would be around $200,000 so the sanitation district does give them a goad deal on that tap fee. The $94,000 tap fee includes a 2-inch tap fee for the pavilion, a sewer tap fee and the purchase of a meter package and equipment and the equipment package for the park. Chris said the wish list items are amounts paid from hard construction costs. Otis Odell stated these wish list items are what the stakeholders wanted in the project. He said these items are not in the $10,500,000 budget that Chris explained. They are asking Council if the budget should be increased to accommodate some of these items. The wish list items included: accel/decel lanes, the landscaping along the Frontage Road, the shoulder width increase of two feet, a phase two building that would be utilized by the playing fields that is closer to the playing field as part of the phase one work and not phase two; an outdoor gas fire pit, a lobby fireplace, snow melt funds above and beyond the initial 6,500 square feet originally discussed which is over 18,000 square feet of snow melt, He wants to know if Council wants to increase the budget by any of these amounts to include any of the wish items. Counci! member Greg Moffet wants to know if there are any cost estimates of in running the snow melt systems or boilers. Otis said it would be thousands of dollars but doesn't have hard figures. Council member Greg Moffet asked if there are relative cost comparisons of removal by snowplow versus snowmelt. Chris said based on where they are now, and since they don't know enough about the life cycle casts for five or ten years, it would be appropriate to carry the snow melt as an alternate line item until .they get the analysis for it and bring the information to the April 3 meeting. Vail Town Council Meeting Minutes February 6, 2001 Mayor Pro-Tem Sybill Navas asked about the bathrooms being an additional snow melt area. Otis said no this articulates it is a remote bathroom facility, there is no snowmelt in that area. Council member Diana Donovan asked about a separate fireplace in the large room. Otis said there is not a fireplace in the main room. Council member Chuck Ogilby asked if there is a difFerent access from the terrace to the main entrance. Otis stated there is snowmelt access to the main entry and into the front door, and there is snowmelt in the service area also. Mayor Pro-Tem Sybill Navas asked haw the wish list items impact the rest of the project and what does that do to the rest of the items in the original project costs. Chris said they can tell Council what the costs would be and what the impacts would be before they add that item to the budget and the project. Council member Rod Slifer said there is a $700,000 additional cost if the wish lists are added to the cost without the fireplace. He said this is too much and it's too early in the project to be looking at it now. He would like to see the project move forward without the wish list items on it at this time. Mayor Pro-Tem Sybill Navas said the restrooms are not expendable and are on the wish list. She said she assumed the restrooms are part of Phase One, and most of the wish list items are expendable and can be put off at this time. Chris said that if the Council says the budget is a certain amount with the restrooms included they will make it work. Council member Greg Moffet said he is comfortable with Rod's suggestion and wants to move forward to the extent that they can keep options open on wish list items. Council member Diana Donovan said they need the restrooms. She still believes this is a dangerous section of the road and needs the medians to make it safer and parking would not be a good idea on the Frontage Road. She also stated the landscaping could be added Eater and a fire pit is not a priority and it is a safety issue. She also thought the fireplace was included in the main room not in the lobby and the snowmelt comes down to what makes financial sense in the long run. She had questions about same of the line items that didn't have costs, like the CDOT and Corp. of Engineer processes. Chris said the permits for these processes will be minimal and not worth budgeting right now. They are assuming the costs will be around $1,000 a piece. 4 Vail Town Council Meeting Minutes February 6, 2001 Council member Diana said they should then have $1,000 budget For each. .Chris said they are following their recommendations. He said some federal costs could include army corp. of engineers fees, floodplain application processing; typically there is not a fee but it could decay the project. Additional discussion ensued regarding future fees in several areas. Council member Diana Donovan said the budget is still $10,350,000 and we can't go over it. And add additional items as time goes on. She reiterated that bathrooms are not a wish list item. Bob McLaurin stated he agrees that they need to work. with the budget and project items and add wish list items later. Chris explained the tentative timeline of the facility construction schedule of Phase One. Otis stated the design development phase goes through March, final approvals from DRB on March 23 and PEC on March 26, and then coming back to Councii on April 3, 2001 with design development full documents, cost statements and full presentation all in one. They have set up the process to bid the early site work and to start site work in early April 2, 2001. They would expect the project to be complete by July 4, 2002. .Council member Diana Donovan asked if a swimming pool is still in the project. Todd Oppenheimer stated the Phase Two portion or recreational facility, he asked the design team what would be the impacts to the utilities being buried in Phase One-A, if that was a swimming pool and basically they said it didn't make much difference. He was thinking ahead and it is not part of the project at this time and there are no additional costs at this time, Council member Chuck Ogiiby said he agrees with Rod's suggestion, with the addition of the restroom facilities. Diana had good suggestion on the artwork and bleachers and they may be put off for a while. Mayor Pro-Tem Sybill Navas, said the cast of the artwork budget includes the philosophy of the Art in Public Places Board to spend a little more to add unique paving patterns or benches that are not picnic benches. Todd stated the estimating process has moved forward very quickly and it is a line item being carried forward so it doesn't get lost in the process. It is not intended for sculptures but for unique aesthetic items. Mayor Pro-Tem asked if there was any public comment. There was no public comment at this time. Council member Diana Donovan asked where the per square foot cost is now, Vail Town Council Meeting Minutes February 6, 2001 Chris said it Is around $420 square foot or $380 without any contingency funds. .Council member Diana Donovan said this is not an Eagle-Vail Pavilion. This is a fancy place which would also be used for community performing arts, dance cusses, weddings. It is an upscale Eagle-Vail Pavilion and this needed clarification and which is apparent by the $420 square foot cost. She also asked if the things that were promised to the neighborhood on the second bench if they should be budgeted into this project or not. Carol Hymers, Glen Lyon neighborhood resident, stated she could speak about the second bench and what the neighborhood has asked. She said presently nothing has been promised to the neighborhood or the community on the second bench. What they want to see on the second bench is a children's park and there is tremendous amount of interest in this for a children and community park. They would love to see something this spring and if it could be rolled into this project that would be great. When they have firm letters they will come to the Council. Michael Cacioppo said there are two suggestions to avoid that are problems elsewhere. The Eagle-Vail Pavilion has a problem with their flooring and events have problems with it and it interferes with electrical equipment such as DJ equipment. Also, the Singletree Community Center has a solid floor but has an echo chamber going on and they are spending additional money to solve the echoing problem. Mayor Pro~Tem Sybill Navas stated they were not out to duplicate the Eagle Vail Pavilion or the Singletree Community Center. The idea was to give the community world class facilities that would be .commiserate with our image as a world class resort. It is also a place the community would be proud of and have multi-use events there including performing arts, dances, weddings and other events. Council member Diana Donovan stated she was clarifying the concerns of community members that thought they were getting an Eagle-Vail Pavilion and was looking to Sybill for clarifying that point since she was more involved in this project. Council member Greg Moffet made a motion to proceed with the next step in budgeting to refine the numbers per Rod's suggestion and he made a motion to prepare and award a contract far Phase One-A to Continental West Constructors, Inc and he also made a motion to prepare a Request for Proposal (RFP) for the design/build approach far the construction of the garden wall. Council member Rod Slifer seconded the motion. Council member Kevin Foley has concerns about the budget numbers and it needs flushing out, he also has concerns about what is included in the construction budget now and needs clarification. He said he is all for getting this project going but he has also heard from community members about their concern they are getting an Eagle-Vail Pavilion for the money. He is looking at the pocket book and wants to make this project work. He addressed the folks who live in the Matterhorn area and stated there are still some people who are holding out hope to use the middle bench of Donovan Park for affordable housing to help ease the housing problem. .Todd extended an invitation to Council to set up time to get detailed explanations on any budget items, and he will arrange a time with Chris and Otis to answer any line item budget they need answers on. Vail Town Council Meeting Minutes February 6, 2001 Mayor Pro-Tem, Sybill Navas, said they are still wrestling with the floor plan and a question is how •are you balancing the long term maintenance with a quality project that retains its quality and integrity over the years with hard and multiple uses. Council member Diana Donovan said she would be voting against the project because she feels the project could be done without using Rt i r funds. Council member Chuck Ogilby says he wants to see the bathrooms added from the get go and asked that the motion be amended to include the restrooms Council member Greg Moffet amended his motion to include the restrooms in his motion. Council member Rod Slifer seconded the motion. A vote was taken and the motion passed 5-1, Council member Diana Donovan was opposed. Chris asked for clarification on whether the bathroom costs were included in the $10,350,000 cost. Mayor Pro-Tem Sybill Navas said the restrooms were to be included in the $10,350,000 budget. A five-minute break was taken. The third item on the agenda was the Consent Agenda. Approval of the fallowing was requested: .- Minutes of January 9, 2001 and January 16, 2001 meetings - Second Reading, Ordinance No. 1, Series of 2001, Order of Business - Second Reading, Ordinance No. 2, Series of 2001, Subdivision Exemptions Council member Chuck Ogilby made a motion to take out of the consent agenda the second reading of Ordinance No. 2, Subdivision Exemptions. Mayor Pro-Tem Sybill Navas stated there are some changes that need to be made to the meeting minutes and would suggest they separate all items under the consent agenda and consider them al separately. Council member Chuck Ogilby made a motion to separate all items under the consent agenda. Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, b-0. Mayor Pro-Tem Sybill Navas stated that she received a note from Kaye Ferry stating her comments from January 15th minutes indicating that her comments were not thanking the Council for the bubble on the golf course but remarking that in her opinion it was beautiful. Also, referring to the makeup of the board of directors of the Vail Chamber and Business Association, was not that there was a board of directors in place but that the board agreed to keep in place the existing board today which consists of the board of directors of the Vail Village Merchants Association, the Lianshead Merchants Association, the Vail Chamber of Commerce and the addition of a West Vail and Vail Associates member to the board. That board would serve in the interim until the '] Vail Town Council Meeting Minutes February 6, 2001 annual meeting in October and there was no mention that Kaye would serve as president until that time. Council member Greg Moffet moved to approve the meeting minutes of January 9 and 16, 2001, with those changes. Council member Kevin i=oley seconded the motion. Council member Kevin Foley asked about item number six on the January 9th meeting minutes regarding the appointment of the managed growth agreement task force members, he said it was deferred at that time. He wants it back on the schedule to be handled. Council member Diana Donavan said on the January 9th meeting minutes that on item number 4, the last sentence should read ° ...... to obtain a safer environment with the creative approach", is key to that thought. She read the sentence in full: "Councilman Donovan suggested this would be an opportune time to come up with a plan to eliminate curbs and obtain a safer environment with a creative approach.° Council member Greg Moffet amended his motion to include the changes made by Diana, stated above, and Council member Kevin Foley seconded the motion. A vote was taken and the motion to approve the meeting minutes of January 9th and 16th as amended passed unanimously, b-0. Council member Greg Moffet made a motion to approve on second reading, Ordinance No. i, Series ~of 2001, amending Section 1-5-11 C of the Municipal Town Code establishing the order of business of regular and special meetings of the town council and Council member Chuck Ogilby seconded the motion. Council member Chuck Ogilby asked if this includes the Mayor Pro-Tern as well as the Mayor to change the agenda. Council member Greg Moffet stated that if the Mayor is gone, the Mayor Pro-Tem acts as mayor anyway. Council member Kevin Foley stated he would like to make his Council reports at the end of the meeting since he wasn't at the afternoon meeting, A vote was taken and the motion passed unanimously, 6-0. The next topic was second reading of Ordinance No, 2, Series of 2001, Subdivision Exemptions. Mayor Pro-Tem Sybil! Navas stated that earlier today there was concern regarding the content of this ordinance. Brent Wilson, Town Planner, stated what this ordinance would do is create a review procedure for !those types of plats that the town processes where a formal subdivision of land doesn't occur. Currently the subdivision definition and the subdivision review process is geared toward dividing land into multiple parcels and they review many plats where there is no division of land into multiple Vail Town Council Meeting Minutes February b, 2001 parcels, examples are a correction plat, a building envelope adjustment or a right of way boundary adjustment. All of the language that is provided in this ordinance was either adopted from the subdivision regulations from four other jurisdictions across Colorado or already appears in the town code. The criteria and review standards come from four other subdivision codes across the state and the requirements and procedures section come from existing requirements and procedures in the town code for these types of applications. At the Town Council's request on January 1fih, staff has added the language to item seven on page two, "single family or duplex lot boundary" and staff also added a sample plat title certificate like they do far all other plats in the subdivision regulations. Other than those changes there are no other changes. Council member Chuck Ogilby said the concern he heard from the community under number four, is the town holding itself to a different standard than we do the public and is this beyond the scope of what we are trying to accomplish by making simple adjustments for plats a simpler process. Are we putting ourselves in a position to be criticized and does this transfer into other issues like condemnation and open space too. Brent said the format content and procedures are identical to what is on the books for other types of subdivision processes. On page two, exemption plat format and content shall be as outlined in Section 13-3-6 of the subdivision regulations, that is the same format and content that applies to all of our other types of plats. The public notice requirements and public hearing requirements are still in place. When we say it's an exemption we are exempting it from the definition of subdivisions so there is no creation of parcels. There is still the same plat review process, public notice process, public hearing standards as other plats go through. The criteria is identical as other plat reviews we have in .the code. Mayor Pro-Tem Sybill Navas asked what the specific reason is for including item number four. Brent said a lot of the projects that the town is involved in doesn't require the need to subdivide the parcel into multiple parcels. This allows the town to have an accurate plat with an accurate legal description. 1t helps the county get accurate records of the boundaries; it would have accurate applicabie title information on the plat and is really a good record keeping benefit. Council member Diana Donavan asked if it wouldn't be easier to redefine subdivision. Brent stated staff looked into that but the definition comes out of Colorado Statutes and they didn't think it would be appropriate to have a different definition from the statutes. They took the seven applicable criteria from codes from other places around the state and as far as land use planning, they didn't want a different definition than what the State of Colorado recognizes. Tom Moorhead, Town Attorney, stated that our code is actually deficient by not having this provision in it. This facilitates correction plats as described by Brent and facilitates the other processes in the code and is a customary and standard land use provision. This is nothing unique; it is a matter of creating an opportunity for the platting process to proceed in a more orderly fashion. .Council member Diana Donovan asked if it could be tabled for another two weeks. Vail Town Council Meeting Minutes )±ebruary 6, 2001 Tom stated that this has been in the process for two years and another two weeks wouldn't make a difference. Brent moved forward on this after they had enough plats going through the subdivision iprocess unnecessarily. Mayor Pro-Tem Sybil Navas asked what happens when a plat that doesn't need to be subdivided goes through the subdivision process. Tom said it goes through the subdivision process. He gave an example of a right of way going through a lot it goes through the subdivision process instead of the correction process. Brent said it makes it clear and concise to do it this way. Council member Diana Donovan asked what the difference was between a correction plat and exemption plat and the subdivision review process. Brent stated it is the definition of subdivision. Counci[ member Diana Donovan asked if they could get a fist of parcels that this would apply to that the staff knows of now. Brent said they could bring it back in a couple of weeks. Art Abplanalp, a local attorney, stated if it is going to be tabled he will not go through the list of items ~he is concerned about at this time. If what is being presented as Brent said it wouldn't be a problem. However, this could create additional issues and he doesn't feel it addresses the public notice or public hearing process. Affected property owners may not be notified of any change. Applicant is not defined and there are other aspects that need to be cleared up. He said he would return in two weeks to discuss the issues he has with this ordinance. Mayor Pro-Tem Sybill Navas stated there is sufficient concern with this ordinance and is worth further discussion. Brent stated two weeks would not make a difference in this ordinance and invited Art to meet with staff before two weeks and get the issues ironed out before hand, He referred to page Z and 3 regarding the public and hearing notice and said it comes directly out of the town code for special development district minor amendment regulations. Further discussion ensued regarding the process of subdivision plat reviews versus plats that are not being subdivided but need corrections. Tom stated this ordinance is beneficial to individuals who came forward to make corrections to a plat. It facilitates the amendment and recording of plats as opposed to going through the subdivision process. It is something the town has been urged to do by community members who have had to go through a platting process unnecessarily when all they are doing is correcting a plat, ~Jirn Lamont, representing the Vail Village Homeowners Association, items five and six on a e two Pg goes to the heart of what Tom has talked about. He has reviewed several different subdivision codes f a Vai! Town Council Meeting Minutes February 6, 2001 and included this in the Red Cliff codes because private properly disputes could be handled administratively. He hasn't had time to review the ordinance thoroughly but would iike to meet with staff to get a clearer picture of this ordinance and would like to join the meeting with Art Abplanalp to discuss the issues. Brent said the condemnation issue Art brought up is addressed in the town code and the State of Colorado statutes. They are just creating a process to review the plat. Council member Kevin Foley made a motion to table Ordinance No. 2, Series of 2001 for two weeks, and Council member Rod Slifer seconded the motion. A vote was taken and the motion passed, to table for two weeks, unanimously, 6-0. The fourth item on the agenda was First Reading of Ordinance No. 3, Series of 2001, an ordinance amending the Town Code, Title 12, Chapter 6 to the Town of Vail Zoning Regulations to allow for the addition of Article I. Housing (H) District; amending Chapter 4, Districts Established; Amending Section 12-15-2: GRFA requirements by zone district; amending Title 12 Sign Regulations, Chapter 4, Sign Categories, Section 11-4a-1: Signs Permitted in zoning districts and setting forth details in regard thereto. Allison Ochs, Tawn Planner, stated she was passed out a revised copy of Ordinance No. 3 taking into consideration a few of the comments that were made at the worksession. There was a statement .added in one of the whereas provisions, that provide for adequate sites for employee housing within the town. The other whereas was not removed because there was only one council person asking to have it removed; however it can be removed before second reading if necessary. Also, affordable was taken out of the body of the text of the ordinance and it now reads employee housing. Allison stated the work session discussion was primarily about whether or not dwelling units would remain a conditional use. Currently, according to the new housing zone district dwelling units, not employee housing units, are a conditiana! use, subject to the following criteria: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property. B. Dwelling units are not the primary use of the properly. The GRFA for dwelling units shall not exceed 30% of the total GRFA constructed on the property. Dwelling units are only created in conjunction with deed restricted employee housing. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Today Council expressed concern about dwelling units as a conditional use. There was discussion about eliminating them altogether as a conditional use or to limit the Gross Residential Floor Area (GRFA) to less than 30%. .Mayor Pro-Tern Sybill Navas said there was definitely a difference of opinion on this ordinance. Council member Chuck Ogilby stated the percentage should be lowered from 30% to 15%. 11 Vail Torun Council Meeting Minutes February 6, 2001 Council member Greg Moffet said the town was so busy requiring perfect conduct from everyone that they created a situation where no one will do what the town wants them to. He said this ordinance would not get people to voluntarily comply. By limiting the ability of a developer to do build in a financially viable way, no housing will be built. Council member Diana Donovan said on the other hand there are people who want to make money and would rather not build affordable housing. Council member Greg Moffefi stated he doesn't believe anyone will come in and build it out of the goodness of their heart. He said if you want housing someone will have to build it and you will need to have an up side to it. Further discussion ensued. Council member Kevin Foley stated it is the responsibility of the PEC and with the oversight of the Council to make sure the projects get done the way they want to see them built. These regulations give the town mare of an opening to see things built. The PEC knows what this ordinance is trying to accomplish and so does the Town Council. He thinks this ordinance can spur people to build housing. Council member Rod Slifer said this afternoon he had originally stated he didn't care one way or another but has since changed his mind. He said he would vote for the 30%, based on the recommendation of the PEC. He also added that under conditional uses it is laundra mat not laundry .mats. Mayor Pro-Tem Sybill Navas said she agrees with Diana. Her concern is having the 30% dwelling units included when the parameters of the size of the project are not defined. She is concerned they'll get larger projects in the interest of including dwelling units, to pad the profit, when in fact it might be more suitable to have a building that works economically in terms of a housing project that is scaled down. She said it is unrealistic to think that Council is considering this zone district on undeveloped pieces of land that somebody might be dreaming of developing. The fact is it will apply to land that the town owns and an R1=P will have to be sent out anyway. She doesn't see it applying to other land that someone wants the zone district to apply to their land. She is inclined to state dwelling units not be included. Council member Rod Slifer said made a motion to table Ordinance No. 3, Series of 2001 for two weeks. He said it looks like there would be a 3-3 vote and it will fail. Council member Chuck Ogilby said he would vote for this ordinance. He would rather see the percentage at 15% or at 0%, however, he would vote for it because we need it. This is a very important piece of legislation that this town needs. Mayor Pro-tem Sybill asked if they shouldn't wait for Ludwig Kurz to return and have a full Council to vote on this issue. • Council member Chuck Ogilby stated they could wait for Ludwig Kurz to return to vote on this ordinance. 12 Vai! Town Council Meeting Minutes February 6, 2001 Allison asked if there is any further information that she could provide before the next Council meeting that may help them with their decision. Council member Kevin Foley asked for information about what other municipalities allow, Council member Diana Donovan said she doesn't think replacing affordable housing with employee housing does what we want it to do. Allison stated they took out affordable in the preface statement and doesn't have a problem adding deed restricting in the ordinance. Mayor Pro-Tem stated there was a motion on the table and need a second. Council member Kevin Foley seconded the motion to table this ordinance for two weeks. A vote was taken and the motion passed, 5-1, Council member Greg Moffet opposed. The fifth item on the agenda was First Reading of Ordinance No. 4, Series of 2001; amending Chapter 12-10, Town of Vail Code (OfF-Street Parking and Loading); with specific regard to the "Parking Pay-in-Lieu" Policy application and fee structure; and setting forth details in regard thereto. Brent Wilson, Town Planner, stated Ordinance Na. 4, Series of 2001 will adapt the changes to the Town's "Parking Pay-in-Lieu" policy requested by the Town Council over the past six months. An !amendment to the fee structure per the request of Council was added and an addition of a new area for the pay in lieu program. Currently the program is implemented by zoning. Based on the direction by Council, the maps have been amended. On May 27, 2000, the PEC recommended approval of the changes and staff is recommending approval of Ordinance No. 4 on first reading. Council had asked to put this on hold because the town was going through the process of working with a consultant on the parking management plan and that is where the delay came from on this ordinance. Council member Kevin Foley asked if the recent removal of property in the Vai! Village and Lionshead areas would contemplate redevelopment they would have to have parking on site. Brent said that was correct Mayor Pro-Tem Sybil! Navas asked if the anticipated result was to have more parking places provided on-site and less impact in the parking structure Brent said that is correct and is one of the objectives. Counci! member Diana Donovan said she thought this might bring the opposite result when combined with the 30% reduction in the parking requirement, when it will discourage people from redeveloping because they could add so much square footage on without having a parking requirement because they remain a parking pay in lieu property until they redevelop. Brent stated there are two distinct issues with parking when talking about the zoning regulations; one is the parking generation, and the other is parking pay in lieu. When you talk about a business 13 Vail Town Council Meeting Minutes February 6, 2001 getting to bump out 30%, it is because Council adopted a new parking generation ordinance last March. If they find the 30% unacceptable, the town can reassess the parking generation issue. .However, this ordinance addresses the location of parking and if you pay off-site what the pay in lieu requirement is and what dollar amount. He said to alleviate concerns about the term demolition/rebuild they can adopt language that includes "at the 1,000 square foot floor area". Council member Diana is still concerned where the balance is but this may hinder redevelopment in Lionshead. Brent says if the ordinance is not adopted the same scenario still applies. Council member Diana Donovan said she will be voting against this ard'mance because 30% reduction in the parking requirement and reduce the cost of what is left, puts the burden on the taxpayer as a whole. The last few weeks indicate we have a parking problem not a development problem. She said we have a vicious circle going because we are encouraging redevelopment but we do not have enough parking. Brent said by adopting this map they are taking out a number of properties in the pay in lieu program and it would require them to redevelop and add an-site parking. Council member Diana Donovan said she agrees in theory but still believes it would not be an incentive to redevelop. .Council member Greg Moffet said he differs with Diana. What is causing the parking problem is not the merchants or restaurants. The parking impacts are a direct effect of the ski mountain. The pay in lieu program is a tax on development on commercial property. The long-term objective of parking pay in lieu will continue to prevent retail diversity and redevelopment as well. He would prefer to get rid of it all together, He won't vote against this because it is a substantial move in the right direction. He would still rather see a fee of zero for commercial properties. Council member Rod Slifer said he agrees with Greg, the parking impact is driven by the ski mountain and not the retail businesses. Council member Kevin knows several people he knows have held off on redevelopment because of the parking issue. He thinks this is a step in the right direction. He also stated the need to be talking about the Frontage Road parking. Jim Lamont, representing the Vail Village Homeowners Association, there is real progress in clarifying who and who isn't eligible for the parking pay in lieu. His other concern is the exemption process for residential properties in pay in lieu areas. He said they need to be very clear and explicit on the exemption process and should be addressed before second reading. He also stated that since the business community is not in the Council chambers en masse indicates that there is an acceptance to this approach. Any incentive to allow small businesses to flourish is indicated but need to be careful in this area. This is a good step. Further discussion ensued. 14 Vail Town Council Meeting Minutes February 6, 200I Kaye Ferry, said she takes exception of .aim`s statement about this was a concern of the business community they would all be there. She said she is representing all 596 business community .members at this time and if they had their way they would want the parking pay in lieu program thrown out far any retail businesses and property owners. As Greg stated, the business community is not the reason there is a parking problem. She said the retail community has all the parking they need as it exists with the exception of the ski mountain. She said she challenged Greg and Sybill, since they felt the parking pay in lieu was inappropriate and yet they are willing to take this because it is better than it was. Mayor Pro-Tem Sybill Navas corrected Kaye and stated for the record she did not say that she was supporting this ordinance as written. Kaye then stated she challenged Greg to change his stance and not vote to approve this ordinance just because it is better than what we had in the past, it's not what they want. It's either right or it's wrong. She would like to see the parking pay in lieu gone for all retail businesses in the community and if that's your opinion and that's what we support, then that is what his vote should be sa they don't have to keep coming back on this issue every six months or every year. She wants him to vote to change it to the way it should be and work toward a way that benefits all of us. Mayor Pra-Tern Sybill Navas said she agrees with Kaye on voting the way you really feel is appropriate. She said .7im's comment on making progress on which properties are in and out is significant, She intends to vote against this because the retail businesses have paid their dues on parking and the continued assessments need to come from a different source. Council member Greg Moffet made a motion to approve Ordinance No. 4, Series of 2001 on first reading, with the exception of Section 12-10-16b(~4), the elimination of the $6,137.27 fee for commercial uses and substituting zero dollars far commercial uses. Mayor Pro-Tem Sybill Navas stated she would second it if she could. Council member Rod Siifer seconded the motion. Brent stated they also needed to amend the trigger from the demolition/rebuild to 1,000 square feet consistent with the Lionshead zoning. Council member Greg Moffet amended his motion. Mayor Pro-Tem Sybill Navas asked which one was consistent with the Lionshead zoning. Brent stated that right now the way it's drafted, the trigger is upon demolition/rebuild. The language that they had in the Lionshead zoning was that anytime you add dorm units, accommodation units, fractional fee units or 1,OOD square feet of commercial floor area that is considered significant redevelopment. So if it's a concern for Council, we can change what's on the books right now. • Further discussion ensued on the parking problem. ~ 5 Vaii Town Council Meeting Minutes February 6, 2001 A vote was taken and the motion passed, 4-2, with Council members Diana Donovan and Kevin Foley .were opposed. The sixth item on the agenda was the Adoption of Resolution No. 1, Series of 2001, the Town of Vail Land Use Plan and Map. George Ruther, Senior Town Pianner, stated the Community Development Department came to Council about a month before to approve the official Town of Vail Address Map and now they are coming before Council to have the official Town of Vail Zoning Map approved. The reason for doing this to take advantage of the new technology they have and as indicated it does not amend nor does it alter the existing contents of the paper map. This replaces the format of the map with digital technology and provides the towns customers with enhanced services. Council member Greg Moffet made a motion to adopt Resolution No. 1, Series of 2001, and Councii member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was the Adoption of Resolution No. 2, Series of 2001, a resolution to provide the Town Counci[ shall ex-officio be appointed the Commissioners of the Vail Housing Authority. .Council member Greg Moffet asked Tom what ex-officio means. Tom said the Town Council would not only serve as the Council but would also serve ex-officio as the board for the housing authority. He said the Housing Authority was put in place by Resolution No. 25, Series of 1990 and the member's terms have expired. Tom said Greg was on the last housing authority as the nonvoting member From the PEC. The last term has expired in 2001, If you adopt this resolution the Town Council woufd serve as the board members of the Housing Authority and have meetings as the Housing Authority where you would work as that body. At that time, the Council would decide whether they wished to continue to fill that role or whether you wished to fill that role until such time as the Council would appoint other members to the Housing Authority. Council member Greg Moffet asked if this was like the marketing board where the Councii could continue to occupy the position as the Housing Authority. He asked if there were existing Housing Authority charter provisions that woufd prohibit that. Tom said no, the Housing Authority functions pursuant to the Housing Authority section of the Colorado Revised Statutes. It is a separate political entity and is formed by resolution with specific findings of the needs of the community. Those findings were made in 1990. Council member Greg Moffet made a motion to adopt Resolution No. 2, Series of 2001, and Councii member Chuck Ogilby seconded the motion. .Council member Kevin Foley asked if this meant extra meetings. 16 Vail Town Council Meeting Minutes February 6, 2DOl Tom said definitely there would be extra meetings that would have presentations in regard to housing issues. There was a learning curve that the original Housing Authority went through. They have tremendous power to function as an Independent body. There have been significant programs developed by the housing authorities in the state. One recent program was a $16 million dollar development at the Telluride Mountain Village Resort. It does have the opportunity to address the housing needs and can be significant and will take some time. He Warned several previous board members that put in significant time that were in positions that are allied in addressing some of the housing issues. Mayor Pro-Tem Sybill Navas asked if it is legal to have a meeting adjacent to a Council meeting. She said this would be an interim state until other board members could be appointed. Tom said yes, these meetings could be in adjacent to the Council meetings. He said in regard to various properties are being considered for housing it would be appropriate to have the Housing Authority be involved in some of those decisions. Tt is appropriate for the Housing Authority to start meeting and to move forward. Consistent to one of the work sessions, they should meet and bring in people who can explain the advantages and what can be done by Housing Authorities, and what the time commitment might be and to determine whether Council wants to continue to be that board or if they wish to appoint other people to be board members on the Housing Authority. Council member Diana Donovan said she see why they need to da this step but wants anon-political Housing Authority so they can make more intelligent, and less emotional decisions and have the .Housing Authority manage the housing inventory. Bob McLaurin said he has had conversations with previous board members that may be willing to serve on the Housing Authority again. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was the Town Manager's Report. Bob McL,aurin, Town Manager, stated he had nothing to add. Mayor Pro-Tem Sybill Navas asked if they needed any decisions on any of the items today. Pam said they did need action from Council on the Consolidated Municipal Center. She stated as outlined in the Council's Critical Strategies, staff has solicited a feasibility study to review the possibility of locating the following functions on the current municipal community development site: underground parking, two company fire station, the police department would remain, town administration offices, court, council chambers, community development, centralized information services, and affordable housing. She said they received good comments from Community Development this afternoon on the feasibility study offer. There are further items that are not in the . study but they would want included in the fee of $20,000 to $25,000, which would include the surveying of the site, sails investigation, interior design, structural and electrical and mechanical engineering if they are required by the study. Staff would be more comfortable having a "not to j'7 Vail Town Council Meeting Minutes February 6, 2001 exceed dollar amount" on those and as they progress, perhaps they can come back to Council as .they move forward on this. Mayor Pro Tem Sybill Navas asked about the item under phase two of the budget study, does this imply giving the town a rough estimate of the cost to build it. Council member Diana Donavan stated she couldn't believe we are considering all these projects at the same time. Bob Mcl.aurin stated he thinks this is a ten-year project. You need to start doing the work now and it's something that evolves over time. The western part of the building is functionally obsolete, this isn't competing, and it is a long-term project. This is not in the budget; it would be a supplemental. Mayor Pro-Tem Sybill Navas stated there are two items on the list that the Council has been trying to address, the fire station and the centralized information services as part of the immediate goals. Bob said the three things pushing this are the obsolete functionality of the building, the fire station and the centralized information services discussions. Tt will take a long time to get this project going. This step is just to see if it is feasible to do. Council member Diana Donovan stated something has to fall out of the program. Bab said they are not funding any capital this was done because staff thought they were following ahe direction of Council. Tf this was not the case, they can pull it off the table. However some Town Council and same Town Manager will have to address this issue. Further discussion ensued. Council member Greg Moffet said he didn't think the Council needed to authorize this since it would need to be on a supplemental anyway. He said he would agree to have this added to a supplemental. Four Council members gave Bob the go ahead to add this as part of a supplemental. Council member Diana Donovan said to do as little as possible since this is a long-term project several things would change over the years and the town doesn't have the money. Pam Brandmeyer then asked the Council for a decision about scheduling the construction hours. 1=ourth of July falls on a Wednesday this year. Council member Kevin Foley asked what major construction projects is the town anticipating in Vail Village and Lionshead this summer. Pam stated the Vail Athletic Club will be continuing. • Bob said they would need to do more research. Council member Kevin Foley stated he would be comfortable with Friday through Sunday this year. ] g Vail Town Council Meeting Minutes February 6, 2001 Council member Greg Moffet asked what the big employers are doing. Pam said this would be a big impact to the construction community if it's closed down for Monday, Tuesday, Thursday and Friday. Further discussion ensued. Council member Rod Slifer asked for a list from Community Development on the construction projects that may be affected. If it is not too many then the town could do a longer time frame. Pam stated she would bring this back to Council at next weeks work session. Pam said she had information from Steve Thompson regarding percent of the total county-wide revenues from property tax is 19.4% and total county-wide revenues from sales tax is 22%. So about 42% of the county's budget comes from countywide sales tax and property tax. Council member Greg Moffet asked where the rest comes from? Pam said they could find out and put that in the Council packets on Friday. Their total budget for 2001 is $60 million and does not take into account any reductions for interfund transaction transfers. Council member Kevin Foley said there was a lot of discussion about parking and Frontage Road .parking and it is not going to go away and it isn't getting better. The town needs to sit down on the managed growth agreement and manage the town's growth. We need to make sure the impacts of the ski mountain aren't hurting the town and people are not getting hurt. Bob said the ski company is estimating the Colorado Pass is about 12% to 1S% of the total skier's year to date. The ski company has offered to shuttle people. The town thinks that is a bad idea because there is enough already going on. He has asked that Vail Resorks consult with the town before they give away ski days next year and restrict them to mid-week days. Council member Chuck Ogilby asked if they could give incentives to people to carpool. Sob said they talked about it but run out of time this year but will consider it next year. Further discussion on incentives and having people come at nonpeak times ensued. Council member Kevin Foley said the Red Sandstone PTA wants a letter from the Council stating what the intention is for the athletic field at Red Sandstone is a this time. He said this is the only school that doesn't have an athletic field. Bob stated he met with the Nancy, the Red Sandstone PTA president, last week and she is informed of the status. • 19 Vail Town Council Meeting Minutes February 6, 2001 Council member Greg Moffet said the marketing advisory selection of an advertising agency is complete as of today. Also, he attended the childcare facilities meeting last week and Council will hear mare about this next week. Council member Chuck Ogilby attended a meeting with a bunch of water providers and it was very informative and beneficial and there might be good things coming out of it for the western slope. He said he received some a-mail from upset visitors about Vail taking a position on the national publicity on the Hall case. He said how da they figure Vail had something to do with it. Council member Greg Moffet said the emails come from uninformed people. Council member Chuck Ogilby said another issue is a letter from a guest on New Year's about the police comment at the Dobson zce Arena. Bob said Greg Morrison responded to the woman and explained the procedure. Mayor Pro~Tem Sybill Navas said she had one other item to discuss regarding an a-mail she received from Glen Davis about the grand opening of the temporary ice arena on February 17t". He stated that most of the hockey players would be out of town the day of the grand opening and wanted to move it to another date. Council member Rod Slifer said the official opening is a later date. He said he was pleasantly surprised that at night it is dark and it turned out better than he thought it would. Bob said he would tail Glen and respond to his a-mail and will get a copy of the a-mail from Sybill. Council member Kevin Foley said the banners an the poles could depict other winter activities besides skiing to show Vail is a winter Mecca. He thanked k.orelei Donaldson for getting the amplified sound letters and permits out so that all establishments are informed of the rules and regulations and hopefully they will abide by them. He would like to see additional trash receptacles at each end of the pedestrian overpass, chained, because the trash is accumulating through the winter and maybe people would use it. Public Works did a great job on Matterhorn Hill notifying people of the runoff problem the town had this past weekend. He thanked them for getting on it so quick. He got a call from Banner Sports with a concern about a big sign about skier lockers and storage and they wanted to know if they could put up a sign without going through the correct channels. • 2Q Vail Town Council Meeting Minutes February 6, 2(]OL As there was no further business, a motion was made by Council member Kevin Faley to adjourn the meeting and Council member Greg Moffet seconded the motion. A vote was taken and the motion ,passed unanimously, 6-D. The meeting was adjourned at 10:~0 p.m. `1tii~,,,,~,,,,u;,t,rlt~,~~~, Respectfully submitted, e~`~c~~s~ a~ Y ~%~, {, A ,,~~ -- SEAL Sybill Navas :.:.~'n~.c}5?r_r'r Mayor Pro-Tem ,„ 1 Uzi ATTES'It~relei Donaldson, Minutes taken by Lorelei ponaldsan • • Town Clerk 21 Vail Town CounciE Meeting Minutes February 6, 2401 • VAII_ TOWN COUNCIL ~ MINUTES TUESDAY, February 20, 2001 7.00 P. M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, February 20, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor Chuck Ogilby Diana Donovan Rod Slifer Kevin Foley Sybill Navas, Mayor Pro-Tem Greg Moffet (arrived late) STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk The first item on the agenda was citizen participation. There was no citizen's participation. The second item an the agenda was a discussion on the ABC/Learning TreelMountain Bell Support, Commitments, and Funding. Mayor Ludwig Kurz, stated there was a worksession this afternoon to discuss the Mountain Bell site and future options of the site. Every member of Council is in agreement to make sure the facility and service of the present schools will be continued either on site or elsewhere. Council has given direction to staff that the Learning Tree and ABC school is included in future planning discussions. He also stated they had several phone calls and e- mails requesting Town Council support of continuing service of the schools. He said there has been no question there is Town Council support for the schools. Moe Mulrooney, Director of the Learning Tree, introduced Crickett Pylman, also a Director of the Learning Tree, and Cindy Allward and Christy Grimms, Directors of the ABC School She said they want to make a proposal to the Council. The educators want early education at the forefront of any plans made for this site. She said the Learning Tree and ABC vision of the schools was to provide high quality childcare for the valley. She gave a historical background of each school. They currently pay $1 per year for the lease space and thanked the Council for that. Their programs extend to outdoor education on the land surrounding the schools. As directors of the schools, the next phase of their vision is to restructure and combine both schools. And this is a wonderful opportunity to begin again. The schools belong to the community not just the parents of the children who go to the schools. They are asking for continued community support as well as Town Council support. Cindy Allard, Co-director of ABC school, gave Council a wish list of what the schools wanted from the Town of Vail. One is a commitment to continue to support an early childhood education facility within Town of Vail limits. She stated the schools are non-profit and provide a 1 Vail Town Council Meeting Minutes February 20, 2004 valuable service. The second commitment is far the town to finance all construction and related expenses. She said it is the only feasible way the relocation will work. The third item is to provide the schools with a definitive site for relocation of bath schools, the Mountain Beli site is their first choice. Next, they want a guaranteed uninterruption of school service; a definitive budget, town school reiocation committee to be formed and a townlschool lease at the same price or go up to $2 a year. Christy Grimms, Co-director of ABC School, highlighted additional wish list items they are requesting. They would like a firm schedule for project and a timeline, they need a 4,500 square foot facility, a 99-year lease term at $2lyear, no interruption of service, additional construction money including carpet and cleaning, so they can keep it a "homey" environment for the children. Council member Kevin Foley asked if more students would be accommodated by the larger square footage. Moe Mulrooney stated both schools presently accommodate 44-48 students and the new school could accommodate up to 60 additional students. Their waiting list is huge, approximately 60 children per year. The reason they wouldn't get much larger is because it would be difficult to find qualified staff to accommodate a large increase in size. And they want to keep the coziness they have now. Mayor Ludwig Kurz asked what the current square footage of each school was at this time . Moe said the Learning Tree has approximately 1,500 square feet and ABC School has approximately 2,500 square feet. Council member Sybill Navas asked about possibly putting infant care at Bright Horizons and haw would they feel to have an infant care facility attached to theirs but not necessarily operated by them. There has been discussion that this would be an appropriate solution that they be all located together. Moe said they are not in the business of infant care. The best possible program that they could make would be to collaborate and form one program that worked together and to puli the resources together. They don't have the expertise and would need to find people with expertise in that area. The infantltoddler program has much greater needs. They try to promote home infant care so as not to spread germs. Council member Chuck Ogilby said they received a lot of a-mails stating that they didn't want to put the schools on the same site as housing. He asked them to go through the process of putting the schools on the Mountain Bell site. Moe explained the directors and boards of the schools looked at three possible sites; Donovan Park, the west end at the Red Sandstone Elementary School and the east or west end of the Mountain Bell site. She said the schools are not a recreational entity and it wouldn't be a good fit on the Donavan Park site; the Red Sandstone facility had some good points but the site is too difficult to access for drop off and pickup and more expensive to build there; and the . Mountain Bell site seemed the best site available. The schools are very willing to work with the 2 Vail Town Council Meeting Minutes February 20, 2001 • Town to look at additional site inquiries but they need lots of nature and beauty around the schools that they are accustomed to having for the last 24 years. Council member Diana Donovan said something could be worked out. She stated she doesn't think the Town could or should pay for the whole thing nor is it an appropriate thing to do. She said there are other opportunities in town and grants and other funding that can be had and they can all work together to find a solution. She also stated that she didn't think any displacement would be necessary. Council member Greg Moffet said this isn't a private enterprise this is a community school. The boards are made up of parents of children who attend the schools and dedicate time to the schools. He stated this was exactly the thing that municipalities tax for. He said it is unrealistic that the schools couldn`t make it during relocation without municipal support they can't make it alone. He stated that we should bend over backwards to keep these schools here and make it as easy as possible for the schools to stay. Council member Rod Slifer stated the Counci! is supportive and it would be hard not to support Phis, but agreed with Diana that we can get funds from other sources and the community would have some skin in the game, and raise some dollars from the community and not rely solely on municipal support. Moe said the timing is the most frightening because the time is so short, they spend a lot of time in the classroom and they don't have the time and luxury to fundraise over and above what they are doing now. • Council member Greg Moffet stated the schools don't break even on tuition now and they need to fundraise every year to break even through fundraising at the Christmas Fair and Casino Night. He said if they didn't do the fundraising, they would have to raise the fees and it would be a stretch for most families. He said ABC has volunteer requirements for parents and suspects that Learning Tree does as well. Council member Sybill Navas stated her daughter is a graduate of both schools and private care from Cindy Allard and is supportive of a commitment to keep them up and running. She explained that the value to the community that the schools provide is important. She stated that she didn't think the town should cover everything. She said as she looked at the wish list, family participation should be there. She said the larger items are not of issue, but the moving expenses should not be part of the expenses, that should be done by the families who participate in the schools. She feels that the schools should get the community to donate paint and carpet. She feels the there is a happy medium that can be achieved. She said also they should get the families involved in moving the schools to a new location. She shared their concern about the timeline and wished they all knew the timeline but felt the Council couldn't make any further promises at this time. She said the Council was committed to making this transition as smooth as possible. Council member Kevin Foley asked when Casino Night was this year. Moe stated it is set for Friday night, April 6t", 2001, and the town is a 'blue chip' contributor to that event. ~ Vail Town Council Meeting Minutes February 20, 2009 • Council member Chuck Ogilby said he didn't have anything to add. Bob McLaurin, Town Manager, said the town could work with cost estimators and run their wish list through them and get the budget dollars for them. The policy issue of what level the town can fund cannot be solved tonight. He said as the town proceeds wi#h the Mountain Bell site they will continue to keep them informed and work with them to continue to support these programs. Mayor Ludwig Kurz, said the last time this discussion was around, approximately '14 months ago, there was serious discussion regarding fundraising. He said he didn't see any effort in their proposal for fundraising. He expects to see some fundraising and contributions from other sources in the future. The overall support is strongly there, we just need to figure out how to get it done. Mae said they see the commitment from the town and when they know this is what they need to do, they will search at other avenues of funding as the time goes on. What they need to know is the timing and do they need to restructure and when. Bob McLaurin said the questions couldn't be answered right now. He said the commitment the town can make is to keep them in the loop and as soon as the town knows something the town will keep them apprised. Russ Forrest said they could engage a cost estimator and they could work with the schools and • find out what the costs may be at a goal setting meeting. Council member Sybill Navas asked Russ for a best guess estimate about when a decision would be made on this project. Russ stated a preliminary approval could be done by fate summer early fall and have construction start in the year 2002. He said it is reasonable to have a basic project through the process by early #all. Mayor Ludwig Kurz said there is a level of urgency to this project and the town will not drag their feet and will move forward with the project and keep the schools informed and in the loop. Mayor Ludwig Kurz thanked everyone for their comments. A five-minute break was taken at 7:30 pm. The third item on the agenda was a discussion on Donovan Park. Todd Oppenheimer, Landscape Architect for the Town of Vail, stated the design group is there listen and get feedback from the Council, what concerns the Council and community have and answer as many questions as possible. They are scheduled for preliminary discussions with Design Review Board (DRB) tomorrow. He stated he had broken down the costs so Council could see where the costs are at this time. • g Vail Town Council Meeting Minutes February 20, 2001 Otis Odell, of Odell Architects, explained through the breakdown of the project and gave a snapshot of where the project is as of tonight. He said that two weeks ago they were in fron# of Council, and had a $10,350,000 budget and had asked for a higher budget. The design team was told by Council that the budge# was $10,350,000. He explained this has same economic impacts. He reviewed a site plan, which included a 8,200-6,500 square foot pavilion. He stated surface parking would impact the building site and reduced overall parking spaces from 150 and there could be 130-135 parking spaces. He stated any Phase Two development would be impacted and they fel# 150 spaces are necessary to accommodate future parking. I# would reduce Phase Two building from 12,000 square feet to approximately 9,000-10,000 square feet. From a design standpoint, surface parking was not as desirable as structured parking as overall site coverage. There would be a budget savings of approximately $400,000 to $500,000. The impact to the schedule would be a delay of approximately 4-6 weeks. The Council and public are the client and this presentation is a preview and update of what DRB will be looking at tomorrow. Scott Smith, from Sasaki, gave an update on the budget allocation. He stated there are some key programmatic issues. One is the flexibility of the space and using it as a multi-use space. They have worked with different scenarios, from use by small groups to larger groups that would use the pavilion. The building doesn't lean one way or another to serve the purpose of any one group but will serve the purpose well for each type of use. He reviewed the pavilion design on the site and how it was integrated into the landscape. He said one of the concerns of the new site is moving the building 80-70 feet from its current location and lasing some of the view and Integra#ion with the surrounding landscape. He stated they simplified the building. He • said the entry area could be used for smaller functions. He explained the pavilion space has been reduced 800 square feet and will be able to set up a banquet style event and serve 144 people at tables, seat up to 200 people for movies, and approximately 150-180 people with stadium-style seating. In summing up, he said the bui{ding is more efficient, and the building fits better into the site. Council member Greg Moffet said that one point early in the process, they talked about leaving the parking structure as is without an upper deck. Does this program better with this option, take off the top deck, live with 90-110 spaces and add the top deck at the time of a second phase being developed. Otis said 90-100 parking spaces would be under the necessary amount of parking spaces needed for Phase One and there would be a wail unbroken that would be a difficult design element to deal with in the interim. Council member Sybill Navas asked for further information about the surface parking size. Otis stated he didn't know what it was at this time but could research it. Todd Oppenheimer, said the surface parking didn't increase the paved area very much. Chris Squandra explained that changing the parking effects the pavilion site and the building would lose proximity to entry into the pavilion. • 5 Vail Town Council Meeting Minutes February 20, 2001 • Todd said instead of changing the program, maybe they should consider not paving it. Council member Greg Moffet he is adverse to paving and allowing the parking dictate the building location. He said the building needs to be sited and then make the parking work around it. He stated the second deck is expensive and we may need to forego that to get this thing built. Council member Rod Slifer said he has gotten a lot of feedback from the community and said the overall budget was too high. He said there are lots of things in the community that are needed and people are saying it is too much to spend at Donovan Park. He agrees with Greg, and said we should be building a surface parking lot and designing it so that it's one level. He said you could build a deck on it later if necessary. He stated a gravel parking lot is no# an option and work on the wall. He said parking costs early on were $2 million and said if the parking was one level, the savings could be more. He said the architectural style is too contemporary and not appropriate for the site. He would like to see the building look like something coming from Jackson Hole, Wyoming. He said the increased amount of glass from the first plan was too much. He is worried about light and solar gain during an event, particularly in the winter. He has a problem with the roof structure and roof design. He stated the roof is currently designed to be supported by posts outside of the building, and is too expensive. He stated this detail is #oo expensive and would like the building support the roof. He wants more cost reductions in the building. He said they need to take more money out of the building and reduce the overall cost. He said the building might need to be shrunk down to match the supporting parking spaces available. • Council member Chuck Ogilby said the zinc-type roof could be changed to save money and be more compatible for this area. He agrees with Rad about the light and solar gain concern. He likes the structure, it is bold and would give off a very grand feeling when you are in it. He is in favor of having ground surface parking now and building the structure later. Chris stated they are making accommodations for sun protection to block light with shutters and shades. He said the concern of making the parking larger is having to force the building further west and turned differently. Further discussion ensued regarding the glazing and sunlight impacts. Council member Kevin Foley said the square footage does not add up. Otis stated it is gross square footage versus net square footage. Council member Kevin Foley said the cost is $400 square foot. Todd said they talked with the construction management team and stated they were involved in the Avon Library building. He said if you took the cost of that building and escalated the cost seven years, when it was built, it would be around $350-400 square foot to build today. He said this design is a step above that design as far as quality of design and that's the cost. • '] Vail Town Council Meeting Minutes February 20, 2001 Todd said visually, what it does from the Frontage Road, with a parking deck, by tiering the parking down, you look over the top of the parking and may see the last row of cars. He said they added $100,000 for landscaping between Frontage Road and building parking to buffer the view. Council member Chuck Ogilby asked if the structure was built at a later date, how would that effect the first phase now and what could they do to mitigate the impacts? Chris stated there are two issues, one is an engineering issue with the wall. The wall would be high and the use of landscaping to mitigate the height issue. Otis said the number of parking spaces and having adequate parking would be an issue as well as escalation of costs is another issue. Council member Sybili Navas asked if the wall doesn't have to be as tall if there is no parking structure. Todd explained the wall doesn't have to be that high. He said the s#ructural engineers felt that it was not prudent, given the height of the wall that is needed, to attach apre-cast concrete structure to it. When you separate two tiers out there is an overall shorter wall. Council member Sybill Navas asked how tall will the upper tier wall be with the second scenario. i Todd stated the upper tier would go from approximately 13 to 15 feet for the upper wall and drop dawn between 10-20 feet between walls and then have 4-5 foot high landscape walls. Council member Rod Slifer asked if you take the old footprint without the deck, would the wall be about 25 feet high versus 15 feet. Todd said it would be 25 feet at the highest point. Also, added expense and utilization of special construction techniques would have to be used. Further discussion on parking scenarios was discussed as well as wail heights. Council member Greg Moffet said the design team needed to go back and mitigate the wall with the understanding if there is a Phase Two, there will need to be a deck built at that time and limit the parking #0 100-110 spaces. Chris said the reason people build parking structures is because the land is more expensive than the value of the parking deck. You would lose another half acre of land by using surface parking versus a parking deck. Council member Chuck Ogilby said if there is landscaping in front of the wa11. What would it take? Chris stated he didn't know at this time what it would take. • 6 Vail Town Council Meeting Minutes February 20, 2D01 Council member Sybill Navas said in addition the building is designed to accommodate multiple uses. Council member Kevin Foley asked what the size of the Eagle Vail pavilion was and said he is getting same questions as Rod that this building is too expensive in Donovan Park, when there are other needs in the community. Someone mentioned they thought the Eagle Vail pavilion was approximately 2,200 square feet plus the decks. Todd stated the comments the design team heard for direction was that the building should be world class and although the Eagle Vail Pavilion is functional it is not world class and this building accommodates more people and is bigger. Council member Greg Moffet stated if this building was being built in Ford Park the cost wouldn't be as much of an issue. He stated it is time to invest in this neighborhood and in a high-class manner also. Todd said the pavilion is only a fraction of the project. He said Donovan Park is multi-use; the turt grass is multi-event use, there is a picnic facility, and restrooms. It is a 12-acre park that has a pavilion in it. Council member Sybill Navas said we are running the risk of reducing the usage of the park by shaving the budget and it doesn't outweigh the cost of reducing uses. She is still concern about • the parking, why would we reduce parking when we need it to save a few dollars. She s#ated this is a very large project, it isn't just a pavilion, it is a combination of facilities and it needs the appropriate parking. She stated that they should look at the issues of parking that Ford Park has and try to avoid that at Donovan Park. She said a large part, more than 25% of the casts are for professional fees and contingencies. Other costs, based on community comments, include mitigation of impacts to the Matterhorn intersection area due to traffic and parking issues an the Frontage Road. She agrees with Greg on cost of project should be Vail quality no matter what part of town it is in. Todd asked the Council if he could bring back the parking issues and address them next week because he needs to do additional research. He said he would bring back a comparison of the amount of paved area that the current scenario has versus if they didn't do a parking structure. He stated that Ford Park has parking issues that are an ongoing source of frustration and that the park has a parking structure within easy walking distance. He wants to research the parking demand more thoroughly. Donovan Park would not have that luxury of additional parking availability. He also wants to bring back illustrations of what the wail would look like without the parking structure. He wants #o bring more ideas back next week on the parking issues and then finalize the discussion at next weeks meeting. Mayor Ludwig Kurz said he leans closer to Sybill and Greg's comments in regard to the overall program and likes the project as it is for its boldness and interest. However, the town needs to be fiscally responsible and reduce casts wherever they might be. He said there are costs in the project that can reduce the cost; the roof size could be one, the support structure for the roof • could be changed. In terms of the numbers, in all ten items, at least save 10% on each item. g Vail Town Council Meeting Minutes February 2D, 2001 • He also stated that with good planning, chances are, that a large part of the $1.1 million contingency could be saved and not spent and they would al! feel more comfortable. Council member Diana Donovan said she would like to have them divide the infrastructure costs between the pavilion, parking, site costs, soccer field, etc. She would like to see a more detailed breakdown. She doesn't like the way the park looks with two levels of surtace parking and compromises the way the pavilion looks and impacts the park. She thinks it is short- sighted to cut back on the parking now. She said the large room is not designed for small community group use. The way the front door accesses the lobby, it would be hard to have a small meeting in that space. She said there needs to be another access to get in to the large room so the smaller area can have a meeting without impact from the large area so both areas can be used simultaneously and independently. She stated she doesn't like the architecture and the design materials for the metal roof. She wants the newspapers to put a picture in the newspaper on this pavilion so they can get community feedback. She wants to know what the maintenance costs and fees to use the facility are going to be. Council member Sybil! Navas said if the use of the large roam is used as well as the small room there is an access problem with restrooms as well. Further discussion ensued about the use of both spaces. Council member Chuck Ogilby said Council needs to give direction to Todd and the design team far the parking. He said he hadn't heard support to the two-level parking structure. He has heard keep it like it is or build just one tier. He hasn't heard support for splitting it and is it a • waste of Todd's time to research atwo-tier system. Council member Sybill Navas said if the parking structure is not built, she has a concern with a 25-foot wall. She said they would need atwo-level parking surface if we needed to mitigate the 25-foot wall if the parking structure is not built. Todd explained the wall scenario and stated that surface parking has merit to it and want to bring back visuals for the Council to review. He stated there are still CDOT and Corp. of Engineering site questions that need to be addressed and the contingency cost may need to cover these. Council member Rod Slifer said there are some retaining walls in Batchelor Gulch and Mountain Star that are at least 2b feet high, that the design team could review. He didn't like the roof material and would like a site plan with deck areas on it because they were significant. Council member Diana Donovan said not to forget parking isn't just far the pavilion, it will be for the soccer and other tournaments and possible skier parking in winter. She said there won't be any Frontage Road parking in this area, it's too dangerous. She also stated she hopes everyone appreciates how far they have come on this project even though she hates it. Todd said joint parking uses are a concern. He said that is a concern at Ford Park now. He will try to get parking generation numbers for Council. Vail Town Counci] Meeting Minutes February 20, 2001 • Guy Ayrault, a Matterhorn resident, stated the design team has done a spectacular job laying out the site thus #ar. He says he feels that this discussion of paving more of the site is a great leap backward. He said this parking takes a large swath out of the useable park site and moving the building by 70 feet is a huge mistake. We need to remember this is a park, if something has to go, put the pavilion in Phase Two, but build the park. Mayor Ludwig Kurz said there was agreement that movement of the building to that degree was not acceptable or a good option and the design team doesn't feel this is a goad option either. He asked Todd if they gave good direction and asked if there was agreement to save 10% of the costs across the board as a target. Todd said they would be looking at saving money throughout the project. He said he and George Ruther are driving them to keep the cost down. There are so many decisions to be made and they can't promise a 10% cost savings of the $10,350,000 but they are working hard to have a good product with the best possible cost savings. Council member Sybill Navas said if 40 parking places on half an acre of land is a bargain for $500,OOD, especially if it compromises the whole site plan in the process, she doesn't see the value in it. Otis Ode11 explained that it is important to recognize that Phase One of this project has gone out to bid and they have received hard bids for the project and it's extremely competitive. He said the train has left the station and construction is scheduled to begin around the first of April • on some of the site work. He said there is a figure of about $150,000 to $180,000 of savings realized by their diligent and proactive approach to bidding this project in phases. It is a demonstration of their commitment to the town and community to give them value, save money, and have the best project far the value and dollars. Mayor Ludwig Kurz thanked the design team for their presentation. The fourth item on the agenda was first reading of Ordinance No. 3, Series of 2001; Creation of the Housing Zone District, an ordinance amending the Town Code, Title 12, Chapter 6 to the Town of Vail Zoning Regulations to allow for the addition of Article I. Housing (H) District; amending Chapter 4, Districts established; amending Section 12-15-2: GRFA Requirements by Zone District; amending Title 12 Sign Regulations, Chapter 4, Sign Categories, Section 11-4A- 1:Signs Permitted in Zoning Districts and Setting forth details in regard thereto. Allison Ochs, Town Planner, said the proposed Housing Zone District that the Council has seen numerous times. She said there was some concern earlier in the day with the addition of day care as a conditional use. What is stated currently in the code is public and private schools and educational institutions. There are two options, change it to public and private schools including daycare facilities or cleanup the municipal specifically to the definition section, to define day care facilities. Mayor Ludwig Kurz asked if there is agreemen# in adding those three words. All Council members were in agreement. • Allison said there were no further changes. The purpose of the Housing Zone District is ~ Q Vail Town Council Meeting Minutes February 20, 2001 • intended to provide adequate sites for deed restricted employee housing and the words "deed restricted" were added to the purpose statement as requested by Council at the last meeting, otherwise everything stayed the same. She stated there was discussion regarding whether a free marketing dwelling unit should be a conditional use in this zone district and this ordinance has kept that in as originally proposed. Council member Diana Donovan stated all the Council has done is created another special development district for housing. She said there is another way to accomplish this exact same thing. She said with all the examples staff has given them there are many ways to get affordable housing with many approaches. She said the town is giving away the farm and this will negatively affect the community as a whole. Council member Greg Mallet said he is in favor of the ordinance as drafted. He said he would like to think that subject to Planning Commission approval, a conditional use in this zone district would be used by private developers who would take projects through that otherwise wouldn't create affordable housing. He said the town needs to have incentives for private developers to build or convert projects to affordable housing. He stated that the last ordinance made i# to difficult for developers to use. Council member Diana Donovan asked what deed restricted issues Greg was talking about. Council member Greg Moffet said there were restrictions that if you don't keep the units occupied there are sanctions. • Council member Diana Donovan said there are other communities that do this wi#hout incentives sa why do we? Council member Sybill Navas said she was opposed to this ordinance with the inclusion of the free market dwelling units because there were no restrictions on height, mass, and other areas. Council member Rod Slifer made a motion to approve Ordinance No.3, on first reading, with the changes and inclusions that Agison made from the work session, and Council member Greg. Moffet seconded the motion. Council member Chuck Ogilby stated originally he wasn't in favor of the 30% free market units, but he has to entrust future Councils and the Planning and Environmental Commission to make housing viable in this community in the future. He will vote in favor of the approval of this ordinance. Jim Lamont, representing the East Village Homeowners Association, said he has watched this ordinance evolve over the past two years. He wanted two things to be considered between ~5t and 2"d reading. One is haw will the town be protected concerning the Timber Ridge project and how do we create incentives that allow this zone district to be applied to other circumstances. He says the town has antiquated master planning, and the town needs to have language included that if this is imposed for different properties, a master plan should be done for the area in which #his district be imposed. Some of the areas may be good for some commercial development, if you go into established neighborhood, such as Pitkin Creek. A • master plan requirement may be necessary so neighborhoods have some degree of assurance 11 Vail Town Council Meeting Minutes February 20, 2001 that it will go through a planning process and give additional protection to property owners and neighborhoods in the overall master planning process. Special Development District's should be applied to larger projects. Some could construe this ordinance as a floating zone district. Council member Sybill Navas asked Tom Moorhead a question of legality in creating a zone district without a piece of land. Tam Moorhead, Town Attorney, said this is exactly the process used when they changed all the land in the open zone district. The town created the zone district first and subsequently added properties into the zone district later. He said this is not a floating zone district. He stated that it is anticipated there would be some properties this ordinance may pertain to. Mayor Ludwig Kurz asked Rod, since he made the motion to approve, if he would entertain modifying his motion and adding master plan issues to it. Council member Rod Slifer said he wanted his motion to stay the same. He said in Section 12.6.1-11, the development plan required covered a lot of these issues. He said staff should respond to Jim's additional concerns. Council member Kevin Foley said this is a start. A vote was taken and passed 5-2, Council members Sybill Navas and Diana Donovan were opposed. • The fifth item on the agenda was first reading of Ordinance No. 6, Series of 2001. Timber Vail Subdivision; an ordinance amending the Official Town of Vail Zoning Map and rezoning of the proposed Lot 1 and 2, Timber Vail Subdivision from Residential Cluster Zone District to Single-Family Residential Zone District; and setting forth details in regard thereto. Mayor Ludwig Kurz said they went through this ordinance at the work session and asked if there were any further comments or questions. Council member Greg Moffet made a motion to approve on first reading, Ordinance No. 6, Series of 2001, subject to the following findings: 1) that the proposal is consistent with the town's development objectives, development standards for adjacent properties and provisions and content of the single family residential district regulations and 2) that the proposed zone district is compatible with and suitable to adjacent uses consistent with the town's land use plan and zoning regulations appropriate for the area. Council member Chuck Ogilby seconded the mOtiOn. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was second reading of Ordinance Na. 4, Series of 2001; "Parking Pay-in-Lieu" Policy. An ordinance amending Chapter 12-10, Town of Vail Code (Off- Street Parking and Loading); with specific regard to the "Parking Pay-in-Lieu" Policy application and fee structure; and setting forth de#ails in regard thereto. • Brent Wilson, Town Planner, stated there have been no changes from first reading. 12 Vail Town Council Meeting Minutes February 20, 2001 i Mayor Ludwig Kurz stated he was. not at that the February 6'" meeting but understands the issues. Council member Diana Donovan said the town has already reduced parking requirements by 34%and feels that takes care of mast of the small businessman. She said the commercial property owners should have responsibility of parking fees. She said ultimately the burden would fall on the residential taxpayer. Council member Greg Moffet made a motion to approve on second reading, Ordinance No. 4, Series of 2001, and Council member Sybill Navas seconded the motion, Council member Chuck Ogilby asked if they need to make a finding. Brent said the ordinance is the same way as it was three weeks ago and is covered. Council member Kevin Foley said he concurs with Diana regarding placing the burden on the residential property owner. He says over the past few months he keeps hearing how we are in financial dire straits, and it makes more sense to collect from the commercial property owners, $6,000 per space than giving it away for free. Mayor Ludwig Kurz reiterated he was not here on first reading and is torn. The town has came a long way to ameliorate this issue. He would like to see them keep a part of the pay-in-lieu. • He was hopeful that some of the money being saved would be used on the project, and he doesn't see this necessarily happening. Council member Diana Donovan asked what the budget is on the parking pay in lieu. Bob Mcl.aurin, Town Manager said he would have to break it out of the parking revenue budget. He said the town budgets it very conservatively. In the past it has been considered unanticipated revenue. Brent stated in the last five to six years the revenues averaged between $350,000-$475,000. Council member Chuck Ogilby stated the town is trying to revitalize the core area and he sees they are adding a burden of housing in future and the two big needs are revitalization and build housing and will balance themselves out in the end. A vote was taken and the motion passed , 4-3, Council members Kevin Foley, Diana Donovan and Ludwig Kurz were opposed. The seventh item on the agenda was a discussion of the Purchase of Waterfalls in East Vail for Open Space (Lots 15 & 16 in the Bighorn Subdivision, Second Addition). Russ Forrest, Director of Community Development, stated they would like #o have council approve the purchase of Lots 15 & 16 for open space. Lot 16 was identified in the • Comprehensive Open Lands Plan as a high priority for acquisition because it was in a red 13 Vail Town Council Meeting Minutes February 20, 2009 • avalanche zone, provided access to a water fall, and could provide access to a potential south trail. Since this application was submitted, staff and the Eagle Valley Land Trust have been working with residents to purchase lots 15 & 16 as open space. The Eagle Valley Land Trust has entered into a contract with the developer contingent upon the Land Trust raising $365,000 and the Town of Vail raising $250,000 for a total purchase price of $615,000. The land #rust, as of this date, has raised $295,000. The Trust is requesting that the Town increase its total commitment by $60,000 for a total of $310,000. The Town of Vail would own the land and the Eagle Valley Land Trust would have a conservation easement on the land as proposed. The town would enter into a contract with the land trust. These lots were identified as a high priority action in the open lands plan. The town has the resources in the budget. This is consistent with other land transactions and was a high priority acquisition. Council member Greg Moffet asked if they needed a motion to approve the additional funds. Russ said yes they needed authorization. Council member Diana Donovan asked if they would need to rezone the property to open space. Russ stated they would need to rezone to natural area preservationlopen space. Council member Sybill Navas said would they need to rezone if there was a natural preservation conservation easement. . Council member Diana Donovan stated that the town would want to have the highest protec#ed zone district. Council member Kevin Foley asked when this land could be purchased. Brad Udall, Eagle Valley Land Trust, stated that the closing is could be set as early as March 2, 2001. Mayor Ludwig Kurz asked if they are spending too much money for this property. Brad Udall said comparables on open space are difficult to ascertain. However, he gave a scenario of a comparable lot on Glen Falls Lane in East Vail, on .41 acre, was $750,000. Across the street from these lots, a fot sold for $5DD,000 two years ago. Council member Diana Donovan made a motion to approve the expenditure of Real Estate Transfer Tax {RETT} funds of $310,000 to purchase Lots 15 & 16 Bighorn Subdivision, Second Addition, and Council member Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. • 14 Vail Town Council Meeting Minutes February 20, 2001 Tom Steinberg, representing the Eagle Valley Land Trust, thanked the Council for their purchase. He said Brad is leaving and suggested they name it the Udall Falls. Brad said he thought that Martha B. Wilson Park might be a good name. Mayor Ludwig Kurz said they would take that under advisement. The eighth item on the agenda was the Planning and Environmental Commission i;PEC) appointments. George Ruther, Town Planner, stated there are three positions for PEC open for 2-Year terms and one position is open fora 1-Year term. Mayor Ludwig Kurz said they would readvertise for the vacancy for the one-year position on the PEC. Council member Greg Moffet made a motion to appoint John Schofield, Chas Bernhardt and Doug Cahill to two-year terms to the PEC and Councii member Sybill Navas seconded the motion. Council member Chuck Ogilby referred to Doug CahiN's letter of why he wanted to be reappointed to the PEC. Doug said the town would see some exciting changes and success and shaping of some of these projects are important to him. • Mayor Ludwig Kurz thanked the members for reapplying far the positions and having done a very substantial job in their positions. Council member Kevin included thanks to all the volunteer board members of the town. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was a request by Vail Resorts to Utilize the Bike Path from Forest Road West fo Cascade Village and from the LionsHead Skier Bridge to West Forest Road. Mayor Ludwig Kurz said this was discussed at a previous worksession and permission was granted for the rest of the ski season and they are ratifying that decision. Counci! member Kevin Foley made a motion to approve and ratify the utilization of the bike paths from Forest Road west to Cascade Village and from the Lionshead Skier Bridge to West Forest Road through the end of the 2000-2001 ski season with fur#her review to follow and Council member Chuck Ogilby seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Council member Kevin Foley sta#ed he wanted Vail Resorts to continue to look at other alternatives #o get the snow cats and snowmobiles on other paths. 15 Vail Town Council Meeting Minutes February 20, 2001 Council member Rod Slifer said another option might be to move the maintenance facility on forest service land. The tenth item on the agenda was the Town Manager's Report. Bob McLaurin, Town Manager, said there were a couple of items that needed discussion. Pam stated the Ford Park Management Plan was approved and at that time there were many projects outlined to be completed. The current council has changed its current strategy on other parks and removed all funding for Ford Park modifications, except for the trash compactor. That was scheduled far the year 2002 at a cost of $105,000. During this time the amphitheater has come forward with their major redevelopment and one of the things that needed to be accomplished was to move all trash from the lower bench and move it to the upper bench. At this time they are requesting $48,000 for a trash enclosure to move it to upper bench of Ford Park and have it come out of the original $105,000 budget. Council member Kevin Foley asked if this was a recycle enclosure. Pam said it is only a trash enclosure. There was a plan to realign the Frontage Road and parking lot and put in accel/decel lanes, but it is very costly, and has been put an hold. This could have included a trash compactor but we do not have that space so now it is just a trash enclosure and wilt complete our commitment to the Ford Amphitheater and the other Ford Park • users. Council member Rod Slifer asked where the trash enclosure was located. George Ruther, Chief of Planning, stated the trash location is currently set in the northwest corner, and is adjacent to tennis courts. The management plan shows the location at the southwest corner of the parking lot. They are getting the trash enclosure staked and are going to do a site visit with the Design Review Board. Currently they have the trash enclosure on the northwest corner. Bob McLaurin stated the funds would be a supplemental request and would be funded in 2001. Pam said they were matching construction materials with what is currently there and it will be of high enough caliber and consistent with current materials. Bob McLaurin said next request from Jim Heber of Dobson Ice Arena is regarding ice time at Dobson Ice Arena in which the town management agreement allows the town to designate time for community events during the year. They are requesting the town refrain from encouraging community requests at this time due to the closure of the ice arena in the next few months. The next item is for Council to consider a request to have the Rocky Mountain Planning Group assess the council contribution process and criteria. Bob stated the 'special guest shopping' survey conducted to determine if Town of Vail • businesses were given first priority with guest requests, if staff at the information booths strove ~~ Vaii Town Council Meeting Minutes February 20, 2001 to keep guests in the Tawn of Vail and to measure overall guest experiences in the town. If the Council had further questions, they could get a detailed survey report from Pam. Bob asked, with Council permission, they would like to move forward on the new smart bus technology system, which a#lows passengers to know the arrival time of the next bus. Mayor Ludwig Kurz asked if the concern out there now worth a $250,000 investment. Bob said it would be a great amenity for our guests. It would be the first in Colorado, first on the western slope, and the first ski town to have it on their bus systems. Council member Kevin Foley said the in-town shuttle bus service needs to come up a couple of notches and this would be a good way to monitor the schedules of the buses. Council member Diana Donovan asked if it could be vandalized. Bob stated nothing is vandal proof but in Boston and San Francisco they have tried to make them vandal proof. It will be a great amenity for our guests to know when the next bus arrives. As there was no further business, a motion was made by Council member Greg Moffet to adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. • The meeting was adjourned at 9:55 p.m. Resp fully submitted. ~~~ L Ludwig Kur~;,~ ~ Mayor E5T Lorelei Donaldson, Town Clerk ~t+,ii+nr+rrrrarrr~,~~ \~~~~~~n~,1SS (3fi min{.. ~~ MlnuteS taken by Lorelei ©onaldson - ~,, _ ,~~~~ c ;,~~;:;~ ~ . • ~'] Vail i"own Council Meeting Minutes February 20, 2001 VAIL TOWN COUNCIL -MINUTES TUESDAY, March 6, 2001 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, March 6, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor Chuck Ogilby Diana Donovan Greg Moffet Kevin Foley ABSENT: STAFF MEMBERS PRESENT • Rod Slifer Sybill Navas, Mayor Pro-Tem Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was citizen participation. Ginny Crowley, long time Vail resident, addressed the Council representing the female ice hockey players. Ms. Crowley stated there were 40 - 50 participants, ranging from age 12 to 60, that have played hockey over the years at Dobson Ice Arena. These players have recently been moved to the dome at the Vail Golf Course and have had their playing time changed from 6:30 - $:00 P.M. to 8:30 -- 10:00 P.M. Crowley stated this time was not convenient for them, as there were a lot of young women who either had school or work the next day and felt it was too late. Crowley stated the hockey players had tried to work with the Vail Recreation District but had been unsuccessful and asked for assistance from the Vail Town Council. Mayor Kurz requested the staff to contact the Vail Recreation District to see if a solution could be resolved in this matter. Pepi Gramshammer addressed the Council, questioning the amount of money being spent on the Donovan Park Community Center. Mayor Kurz stated discussions had been held over the last 4-5 years on this matter, and it was the general consensus of the Vail community to continue to more forward with this project. Lou Meskimen, local business owner, addressed the Council, stating in his travels . abroad he had observed the use of compost piles and suggested implementing such a 1 Vail Town Council Meeting Minutes March 6, 2001 • program ire Vail for the collec#ion of grass clippings, tree trimmings, etc. Meskimen also questioned the use of magnesium chloride in the town limits, ci#ing several areas around town where trees were dying close to the streets and roads using this product. Meskimen also suggested the placement of a courtesy sign in the parking structures for women drivers, allowing them to park closer to the exits. Tom Steinberg, long time Vail resident, addressed the Council, expressing concerns about the Donovan Park project. In particular, his concern was the pavilion, feeling it was too big and too expensive from what the original intent had been. Steinberg also voiced his concern regarding affordable housing for employees being offered to workers employed by Donovan Park. In regard to Lou Meskimen's comments about magnesium chloride, Steinberg suggested the use of sodium chloride along the roadways may also be the cause of the trees dying in those areas. Councilmember Chuck Ogiiby suggested only putting magnesium chloride on roundabouts and the hill by Alpine Drive. The second item on the agenda was a courtesy and information update on the Pre- approved Booth Creek Prescribed Burn. John Gulick, Town of Vail Fire Chief, addressed the Council, stating Cal Wettstein had • been hired as the new district ranger in District Office. Gulick also stated the U.S. Forest Service was again attempting to proceed with a controlled burn in the Booth Creek area this spring, between April 1St and May 15tt'. Phil Bowden of the U.S. Forest Service gave a presentation to the Town Council, stating the burn would cover 247 acres, including 17 acres of Town of Vail land. Bowden stated the purpose of this burn was to help improve the bighorn sheep wildlife habitat, regenerate aspen trees and reduce the area's fire fuel load. Bowden stated that previously scheduled burns had been cancelled due to weather conditions and resources, Bowden stated some of the major issues involved were smoke impacts, a permit required from state, escape routes from fires and avoiding slide areas. Councilmember Donovan stated her opposition to the previously-approved burn, feeling it was unsafe and difficult to control. Mayor Kurz asked who made the final decision to go ahead with the burn and how it was communicated to the community. Bowden stated his department would make the decision with their supervisor on the day of the burn, and then a call would be made from their checklist verified by a line officer of the Forest Service #o notify the public that the burn, in fact, would take place. Bowden stated the actual burn would take 213 to 1 day to complete. Fire Chief Gulick stated Town of Vail fire engines would be stationed in the neighborhood during the burn. The third item on the agenda was a discussion on the preliminary budget for the Vail Center. Russell Forrest, Community Development Director, stated he had given an extensive overview of the project to the Council during the afternoon work session, reviewing 2 Vail Town Council Meeting Minutes March 6, 2001 ~:,~:.: „_ . details of the project. John Horan Kates, White River Institute director, gave an overview of the business plan. Stan Bernstein, financial analyst, gave an overview of the capital financing plan, including $1.4 million from a proposed 2.75 mill property tax increase to be approved by town voters, $1.5 million from sales tax revenues and $941,580 from the Real Estate Transfer funds. Horan-Kates stated private funding had to be raised before the bands would be issued, outlining plans including naming rights, foundations, corporations and individuals. Lori Weigel, with Public Opinion Strategies, an independent firm for elections, conducted a survey of 250 voters who voted frequently in elections. She stated the interviews showed there is support to increase property taxes, although the amount is a concern. Affordable housing was a major concern, but a revitalization of the town was felt to be necessary. The consensus from the survey was that if the tax was kept below 3 mills; it would be supported, as long as voters and property owners were not the sole funding source. Russell Forrest, Community Development Director, asked for direction from the Council in moving forward with the design team on how to revise the plan. He requested direction on revenue issues, space issues, and very specific instructions in moving forward. Forrest stated he will come back with revised plan budget after getting input from Council. The Town Council gave some direction regarding sales tax revenue . calculations and use of Real Estate Transfer Tax funds. Counciimember Greg Moffet stated he would like to see a more aggressive budget for revenue projections associated with conferences and meetings, which would generate more interest with available room nights. He stated it was gratifying to see community interest. Counciimember Diana Donovan expressed her opposition to using Real Estate Transfer Tax funds for the Center. Councilmember Greg Moffet stated he thought this was an exciting time and the casts were great but it was a time to do something spectacular for Vail and community support was needed to make the project a success. Dick Gustafson, local resident, discouraged the idea of a black box concept. He also felt too many projects were going on at the same time. George Wiegers, an arts patron, felt the project was directed at the wrong audience, and it was unrealistic to seek private donations. He stated tourism was most important for Vail and this project did nothing for tourists. Long time Vail local, Tom Steinberg, questioned the proposed property tax increase regarding market value versus assessed value. Steinberg also expressed concern over the outcome of the survey conducted by a private group. He felt the use of RETT funds was not a problem, as long as it was used for recreation. Several other persons in the audience spoke, sharing their concerns over the need for a convention center, a learning center, parking issues, employee housing, and a performing arts center. The Town Council voiced various degrees of support of the Vail Center and thanked the staff and public for their input. Another session will be scheduled in the near future to 3 Vail Town Council Meeting Minutes March 6, 2001 review today's input. The fourth item was second reading of Ordinance No. 3, Series of 2001: an ordinance amending the Town Code, Title 12, Chapter 6 to the Tawn of Vail Zoning Regulations to allow for the addition of Article 1. Housing (H) District; amending Chapter 4, Districts established; amending Section 12-15-2: GRFA Requirements by Zone District; amending Title 12 Sign Regulations, Chapter 4, Sign Categories, Section 11-4A-1: Signs Permitted in Zoning Districts and Setting forth details in regard thereto. Allison Ochs, Town Planner, stated no changes were made to this ordinance from first reading. Jim Lamont spoke in opposition to the ordinance. Cauncilmember Greg Moffet made a motion to approve on second reading, Ordinance No. 3, Series of 2001, and Council member Chuck Ogilby seconded the motion. A vote was taken on the motion and the motion passed 4-1, Donovan opposing. The fifth item on the agenda was second reading of Ordinance No. 6, Series of 2001: an ordinance amending the Official Town of Vail Zoning Map and rezoning of the proposed Lot 1 and 2, Timber Vail Subdivision from Residential Cluster zone district to Single-Family Residential zone district; and setting forth details in regard thereto. George Ruther, Chief of Planning, said no changes had been made to this ordinance after first reading. The property owner, David Hilb, requested a rezoning of the proposed Lots 1 and 2, Timber Vail Subdivision from Residen#ial Cluster Zane District to Single-Family Residential Zone District. The Planning and Environmental Commission reviewed and recommended approval of this request to the Town Council at their January 22, 2001 meeting. The Town Council approved the First Reading of the proposed Ordinance 6, Series 2001 (by a vote of 7-0) at their February 20, 2001 evening meeting with the following findings: That the proposal is consistent with the town's development objectives, development standards for adjacent properties and the provisionslintent of the Single-Family Residential District regulations. Ruther stated the proposed zone district was compatible with and suitable to adjacent uses, consistent with the Town's Land Use Plan and Zoning Regulations, and appropriate for the area. Council member Greg Moffet made a motion to approve on second reading, Ordinance No. 6, Series of 2001, and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The sixth item on the agenda was the Town Manager's Report. • ~ Vail Town Council Meeting Minutes March f, 2p01 . Bob McLaurin, Town Manager, stated the Council had unanimously approved a contract not to exceed $4,000 to proceed with a diagrammatic floor plan for the Red Sandstone Elementary School proposed gymnastics add-on. Also, Councilman Kevin Foley urged the town to keep a minimum one lane of traffic open through the Dobson Arena/library corridor during the upcoming arena improvements through the end of ski season. Councilmember Diana Donovan suggested leaving the library open for business to some degree throughout the construction. As there was no further business, a motion was made by Councilmember Foley to adjourn the meeting and Councilmember Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. As there was no further business, the meeting was adjourned at 1x:00 p.m. 0;,,,~7511i1~1:i'l~f:Ii]7tf ,,,.. .a~ ~ y~ SEAL F~ ~ ~~, . ~E~1": Lorelei Donaldson, Town Clerk Minutes taken by Mary A. Caster • 5 Respectfully submitted, ~~ ~~ Ludwig Kur Mayor Vail Town Council Meeting Minutes March 6, 2D01 VAIL TOWN COUNCIL -MINUTES TUESDAY, March 20, 2001 7:00 P.M. The regular meeting of the Vai! Town Council was held in the Town Council Chambers on Tuesday, March 20, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: Diana Donovan Greg Moffet Kevin Foley Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Chuck Ogilby Rod Slifer STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager . Under the first item on the agenda, a presentation of two Vail Youth Recognition Awards were presented #o Sarah Hallenbeck-Vail Mountain School and Chris Jackson-Battle Mountain High School by Mayor Ludwig Kurz. Mayor Kurz introduced the recipients and presented them with $1000 scholarships, stating fihey were role models to their peers. The second item on the agenda was Proclamation #1, Series of 2001, a proclamation recognizing the efForts of Battle Mountain High School Men's Alpine and Nordic Ski Teams in achieving the State Championships for the year 2041. Mayor Kurz presented the team with a proclamation. Kurz asked the team members present to come forward and be recognized. Councilmember Moffet then made a motion to adopt Resolution #1, Series of 2001. Councilmember Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The third item on the agenda was Citizen Participation. There were no items brought forward. Mayor Kurz then announced a change to agenda, moving item #10, the appointment of various boards to the next item. Kurz stated the applicants had been interviewed in the afternoon work session and the Council was prepared to vote on the applicants. A ballot vote was conducted and the results were as follows: Art in Public Places - Barbie Christopher, Alan Kosloff and Kathy Langenwalter . Planning and Environmental Commission -Dick Cleveland Design Review Board -William Pierce and Charles Acevedo • A motion was made by Councilmember Navas to approve Barbie Christopher, Alan Kosloff and Kathy Langenwalter as newly appointed AIPP board members. Councilmember Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. A motion was made by Councilmember Navas to appoint Charles Acevedo and William Pierce to Design Review Board. Councilmember Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Another motion was made by Councilmember Navas to approve Dick Cleveland to the Planning and Environmental Commission. Councilmember Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Mayor Kurz thanked all the applicants that applied for the positions, acknowledging the time and energy that went into filling these positions. The fourth item on the agenda was an overview of the Town of Vaif and Vail Resorts Environmental Programs and a look at possible partnerships between the programs. Russ Forrest, Community Develoopment Director, stated his department had made a presentation a month ago, and were now coming back to give more details as to where the Town and VRI can do better. Russ Forrest addressed the council, highlighting what Town of Vail and Vail Resort Inc. are doing as partners to enhance the program. He stated the town had been working with VRI since 1994, making significant progress. • Bill Jensen, VRI Chief Operating Officer in Vail, spoke to the Council, addressing some of the programs being implemented by VRl. John Getschell and Adam Palmer, responsible for activities on Vail Mountain, reviewed steps being taken to protect the environment, including recycling as much as possible, the. use of biodegrading products and caring for the needs of people and respecting, protecting habitat for bio-diversity spoke of preservation of our environment being the key to success. Also mentioned was the way in which statements to guests on trailmaps pointing out care about the environment was one of the ways in which VRI was asking guests to get involved. The goals of VRI were addressed by Getschell. Adam Palmer, environmental coordinator for Vail Mountain, addressed Vail's increased recycling trends. He stated electricity use was significantly higher, mostly due to snowmaking. Also their diesel use is highest in winter months. Palmer noted the Game Creek Club has produced almost zero waste with new methods of treating waste. The TOVIVRi carpool sweepstakes was reviewed, with 1000 vouchers having been given out since March 6th Patick Hamel reviewed plans in place by the Town of Vail, reviewing the town's vision statement, goal areas, and specific environmental programs. He stated the town has a pick up service (800 number) to pick up hazardous waste, noting that 10 tons of trash are collected during spring clean up. Russ Forrest reviewed opportunities for partnership with VRI, including speaker series • on Sustainable Development and Construction . He suggested a town resolution to adopt the efforts of the two entities would be a natural step. Mayor Kurz • thanked participants for the informative update, noting the Town Council felt this was an important part of their mission statement. A question regarding composting was raised. Counclmember Diana Donavan stated she was all for supporting this program and was willing to make an effort #o enforce it. Councilmember Sybill Navas commended the ski company for the carpooling incentive. Councilmember Greg Moffet agreed with the other Council members' comments, noting the carpooling idea should be a part of parking discussions. Councilmember Kevin Foley stated more communication was needed to get the community involved. Mayor Kurz agreed with all comments made, stating this would be a good topic to be used in a public retreat. He reemphasized the willingness of the town and Vail Resorts Inc. to work together and hoped the community would join in the effort. Mayor Kurz stated the Europeans visiting Vail were surprised by the lack of environment sensitivity, stating residents in Europe were fined far not separating their recyclable. The fifth item on the agenda was a presentation by the Division of Wildlife (DOW) regarding bear issues in the Town of Vail. Patrick Hamel, Environmental Specialist, addressed the Town Council, stating he had met with Bill Andree of the U.S. Forest Service on several occasions regarding bear issues, noting that the biggest problem was trash. This issue was brought up in 1994 regarding bear proof con#ainers, noting the expense • had gone up considerably. Bill Andree addressed the Council, stating this was more of a people problem and once the trash problem was solved, the majority ofi the bear problem would be solved. He stated 123 calls had been made to the Vail Police Department between July and October fast year regarding bears, making Vail #3 in the County for bear citings. His concern was that someone would take matters into their own hands. He suggested an ordinance be passed to address the issue, issuing citations after a warning had been issued. BiIE addressed the issue of compos#ing, stating he was not sure if it was bearproof. He sta#ed the Forest Service would not be able to support if it was not. A slide presentation on solutions for bearproof trash followed. Andree stated the goal was to go bearproof everywhere, but the cost was expensive -containers running from $600 - $1200. He stated this could be another big year for bears. Andree stated some bears had been moved, but this was not successful, as they returned again the following year. Councilmember Greg Moffet asked how much the bear issue was related to the drought and Bill stated approximately 60% of citings were due to this problem. He also stated the hunting season for bears was in the fail only. Councilmember Diana Donovan stated she also believed this was a people problem and suggested a better public education process might help. Town Manager Bob McLaurin agreed with Donavan, stating the town had been working with the Department of Wildlife to create a website informing the public on bear issues. McLaurin also suggested the town do a mailing as an education project to inform the public. Sally Jackle, Matterhorn resident, addressed the Council, stating it was each . resident's moral duty to take personal responsibility to ensure food and other attractors such as bird feeders, pet foods, etc., not be left out to encourage the bears. It was suggested that adopting regulations would make it more difficult to leave garbage out. It was also noted the 2"d homeowners or absentee landlords need to provide a more suitable place for trash. Mayor Kurz asked staff to continue to work with DOW #o start an education program and revisit enforcement opportunities. Councilmember Greg Moffet stated several multi-units have open dumpsters. He encouraged management companies to properly enclose dumpsters. Moffet also asked citizens to look for creative solutions to the problem. The sixth item on the agenda was the first reading of Ordinance #5, Series of 2001, an ordinance amending the Town Code, Title 12, Chapter 13. Allison Ochs, town planner, presented the ordinance to Council. Ochs stated the Council had reviewed the ordinance during their afternoon work session, and she had made the changes as requested. Councilmember Greg Moffet made a motion to approve Ordinance #5, Series of 2001, on first reading. Councilmember Kevin Foley seconded the motion. Mayor Kurz called for public input. There was none. Councilmember Diana Donovan suggested leaving in Item B on first reading, asking for additional information on GRFA before second reading. Councilmember Greg Moffet stated he felt there should be a separate discussion on • this item. Councilmember Sybill Navas asked staff to came back quickly with a response and felt she would oppose this ordinance on that ground. Councilmember Diana Donovan agreed with Councilmember Navas, feeling the ordinance should be mare restrictive, and hoped this would get closer to what the Council had in mind on second reading. Town Attorney Moorhead stated the Council would need four af>~"Irmative votes to pass on first reading. Councilmember Greg Moffet made a motion to table this ordinance. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The seventh item on the agenda was the first reading of Ordinance #7, Series of 2001, a supplemental ordinance making supplemental appropriations and budget adjustments from the Town of Vail Heavy Equipment Fund, Real Estate Transfer Tax Fund, General Fund, Capital Projects Fund, of the 2001 Budget and the Financial Plan far the Town of Vail. Thompson stated the first supplemental appropriation is primarily needed to fund projects that take more than one year to finish. The amount budgeted in a prior year, but unspent, is what is referred to as the rollforward amount. Out of the proposed $2.7 million in supplemental appropriation, $2.1 million is funded by unspent budgets from 2000, with the balance of the supplemental appropriation at $602,571. The largest projects included in the $fi02,751 requiring additional monies include: 3rd sheet of ice, . $150,000; smart bus technology, $250,000; Vail Center design, $235,000. The $87,000 far RETT collection costs was on the schedule of RETT expenditures that the Tawn Council approved for the 2001 budget, but the amount was inadvertently excluded from the appropriation. Thompson stated the town ended the year 2000 with healthier fund balances than anticipated by the following amounts: (Unaudited) General Fund $1.3 Million Capital Projects Fund $1.4 Million RETT Fund $1 Million Heavy Equip Fund $204,247 Councilmember Sybill Navas questioned the third sheet of ice -and Vail Center financing. Thompson stated this was a new contract. Councilmember Greg Moffet made a motion to approve Ordinance #7, Series of 2001, on first reading, and Councilmember Kevin Foley seconded the motion. Councilmember Foley verified the projects to be completed included Vail Va{ley Drive, the soccer field to Golden Peak. Councilmember Diana Donovan reiterated her feelings on the $235,OD0 proposed for the Vail Center, stating she did not feel the town was ready to commit to this, along with the $30,D00 proposed for the municipal building site study. Donovan also stated she did not support the Donovan Park pavilion as currently designed. Donovan also stated she did not like the idea of using real estate transfer tax (RETT) funds to pay for the pavilion. Donovan then read a written statement as to why she was opposing the use i of RETT funds. Donovan stated she would vote against this ordinance. Councilmember Sybill Navas stated she did not agree with Councilmember Donovan's comments on the pavilion at Donovan Park, stating the structure was for recreation use. Navas stated the proposed pavilion would not cost $10 million, but most of the expenses would be spent on the 12 acre park road improvements. Carol Hymers, Matterhorn resident, suggested #his building an the lower bench might possibly sunset the tax, thus ensuring a loss of revenue. She suggested finding alternative ways to fund the building. Guy Ayrault stated there were different opinions as #o the use of real estate transfer tax to fund the pavilion, stating his interpretation of the RETT ordinance was that the funds were to be used for incidental buildings only. After further discussion, a vote was taken on the motion and the motion passed 4-1, Donovan opposing. The eighth item on the agenda was the second reading of Ordinance 2, Series of 2001; an ordinance amending the Town of Vail Subdivision Regulations to allow for the creation of a subdivision exemption and correction plat review process. Brent Wilson, Town of Vail planner, addressed the Council, stating that after further reviewing the ordinance with the Council, the department felt the ordinance did not meet the objectives outlined by the staff at the outset of the process and requested the . Council to allow him to return with another ordinance that more clearly outlined the objectives requested by staff and a concerned citizen. Councilmember Greg Moffet made a motion to table Ordinance #2, Series of 2001. Councilmember Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0 . The ninth item on the agenda was the request far approval of the Vail Meadows Filing No. 2 purchase of Lots 1, 2, 3, and 4. Russell Forrest, Community Development Director, presented the request to the Council, stating the Town of Vail had the opportunity to purchase Lots 1 through 4, Vail Meadows Filing ~ for a total amount of $155,000. Forrest stated all four lots were listed as high priority acquisitions in the Town of Vail Open Lands Plan. Forrest noted the Town of Vail had previously acquired Lots 5-12, Vail Meadows Filing No. 2 in 1992 and those properties were presently zoned as Natural Area Preservation District. Russell Forrest stated there is a roadway easement in place that would provide access for a pedestrian bridge to be cons#ructed. This creek crossing would provide access for residents to the forest just beyond the lots. The purchase contracts contained covenants, which have been reviewed by the Town Attorney and staff and are consistent with the Open Lands Plan. A motion was made by Councilmember Greg Moffet to approve the purchase of these lots. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The next item on the agenda was the Town Manager's Report. Town Manager Bob McLaurin stated he had reviewed the report with the Council in the afternoon worksession and had nothing further to add. Kaye Ferry addressed the Council, stating she was confused by the general sign code item, and suggested moving the discussion until ,dune when more business owners were in town. Town Manager McL.aurin stated his staff would put together a presentation to be reviewed by Town Council and then a date for public discussion would be set. Councilmember Foley reminded the Council of the Annual Family Carnival on Sunday to benefit the local youth. A motion was made by Councilmember Foley to allocate $500 to benefit the event. Councilmember Donovan stated her disapproval of these last minute requests far donations, stating these groups should be considered along with all other requests during the contribution request period during budget hearings. Councilmember Greg Moffet seconded Foley's motion. Councilmember Sybill Navas stated she agreed with Diana's comments and felt it was the Recreation District's duty to provide these activities, along with the fact that the town made a substantial contribution to them each year already. Mayor Kurz stated that in goad faith he would be voting for the motion. A vote was taken on the motion and the motion passed 3-2, Diane Donovan and Sybill Navas opposing. As there was no further business, a motion was made by Councilmember Greg Moffet to adjourn the meeting. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. • The meeting was adjourned at 9:20 P.M. ATTEST Lo ei I>6naldson, ~~~ ~ own Clerk Minutes taken by Mary A. Caster SEAL `~~~t. t~RP~?~ti~~~ Respectfully submitted, ~~~~ ~~ Ludwig Kur~,fMayor C7 VAIL TOWN COUNCIL -MINUTES TUESDAY, April 3, 2001 7:00 P.M. The regular meeting of the Vail Town Council was held in the town Council Chambers on Tuesday, April 3`d, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT STAFF MEMBERS PRESENT Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tern Kevin Foley Greg Moffefi Rod Slifer Diana Donovan Chuck Ogilby Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Tom Moorhead, Town Attorney The first item on the agenda was Citizen Participation. Mayor Kurz reminded the audience that citizen participation was intended for items not on the agenda. • Paul Rondeau addressed the Council, stating what he felt was a problem in channeling local talent to assist projects to completion. He referred to the letter he had written to the Council on March 28'h. He felt the Town Council was missing an opportunity to show leadership. Rondeau suggested putting a hold an the Donovan Park project until further environmental issues could be addressed. Chas Bernhardt, West Vail resident, addressed the Council regarding employee housing. He suggested the possibility of a long term lease at the Mountain Bell site for development of high-end residences such as Spraddle Creek. The proceeds from this could be used to build employee housing on a less expensive piece of property. Bernhardt also suggested approaching the U.S. Forest Service about using public lands for affordable housing. He also suggested the Council read an employee housing plan created by a retired executive which showed how moderately priced housing can be developed. He stated he would leave the report with Nina Timm, TOV Housing Administrator. The second item on the agenda was a presentation of the preliminary design development package for Donovan Park. A discussion ensued regarding the ability to pay for Donovan Park out of the town's general fund or capital improvements funds, rather than the real estate transfer tax fund that had been previously proposed. It was unanimously agreed by the Town Council to direct the town staff to find funds out of • these accounts as opposed to the RETT fund. Todd Oppenheimer, TOV Landscape ArchitectlProject Manager, addressed the Council. Mayor Kurz reminded the audience to keep their comments civilized. Oppenheimer addressed the project objectives, the facilities plan, and community development. Oppenheimer stated the project was scheduled for Design Review Board and Planning and Environmental Commission review during the next two weeks. Otis O'Dell of O'Dell Architects team, gave a presentation of the design of the pavilion, stating the design development cost estimate will be presented to the Council at the April 17i" meeting. O'Dell and Oppenheimer both stated they were asking for direction from Town Council. Ethan Moore of Design Workshop walked the Council and the audience Through the site plan. He stated big changes had been made to the two terraces of parking, allowing far 147 parking spaces on the project. Moore also stated a turnaround to accommodate bus service had been improved, preserving as much green space as passible. He also reviewed plans for the soccer field, playground, and restroom building. Scott Smith of Sasaki Associates, addressed the development of the building, and the issue of being responsible regarding environmental design. He presented updated drawings of the building, showing location of the building on the site. A winter sketch was also offered. Samples of materials being proposed for the inside and outside of the pavilion were presented. Leadership in environmental design was also discussed. The introduction of the LEED certification program was discussed. Councilmember Chuck Ogilby suggested contacting the consultant from Boulder who had previously made a presentation to the Council as part of the project team. • George Ruther, Head of Planning, reviewed the economic research study done on this project by Economic Research Associates. Ruther summarized the report, stating the pavilion could be operated similar to the Eagle-Vail Pavilion, setting a fee structure and identifying premium dates -those being summer months and weekends. The total size of the pavilion will be 6200 square feet with a 250 person capacity, including deck space. Discussion followed regarding the possibility of using both meeting rooms at once. Further discussion followed regarding alternative methods of funding other than the real estate transfer tax fund. Todd Oppenheimer advised the Council of delays that could result if the project was put on hold. Rick Scalpeilo, Vail homeowner, stated he felt the restrooms were not a good design. Mary Ja Alien thanked the Council for considering funding from sources other than RETT funds. Sally Jackle, West Vail resident, stated that although she was in favor of leaving the land alone, encouraged the Council to stick with the original design and give direction to staff that will keep the project on course. Other comments from the audience included not promoting weddings as a main use of the facilities, rather promoting it as a community center. Mayor Kurz asked for comments from the Council. Councilmember Kevin Foley stated he felt the building was too large and saw no snow removal in the budget. Councilmember Greg Moffet expressed his support of the project. Councilmember Chuck Ogilby felt it important to be LEED certified, and gave a passionate speech as fio why he felt the project was necessary and good for Vail, stating that parks were the "heart and soul" of Vail. He also agreed with not using RETT funds for the project. • Councilmember Rod Slifer stated he agreed with Ogilby's comments and was in favor of the project. Slifer stated quality was a tough thing to measure and agreed that the t_EED certification was important. Slifer stated he was not in favor of the architecture of the pavilion. Councilmember Sybill Navas stated she thought everyone was aware of how much she loved this project, seeing it used more for children's or teenagers' activities and performing arts, being used by the whole community. Navas also felt the LEED certification was worth committing to. Mayor Kurz thanked Chuck Ogiiby for his remarks, saying he felt they came from the heart. Kurz also stated he liked the architecture, and felt the Council had given strong direction to the staff and consultants. George Ruther summarized comments from the Council. His understanding was that the Council unanimously agreed to take a look at funding alternatives other than the RETT funds, and agreed to strive towards the LEED certification. He also agreed that the consultant should be contracted to work with the town to develop the park and to work towards seeking cost savings without jeopardizing the quality of the project. Staff agreed to work on the above-stated comments and will return to the Council with their comments at the April 17th meeting. The third item on the agenda was the approval of February 6 and 20, 2001 minutes and the March 6 and 20, 2001 minutes. Councilmember Foley painted out the error of the newly appointed PEC and DRB members, being listed in reverse. Councilmember Donovan also noted typo errors needing to be corrected. Councilmember Greg Moffet made a motion to approve the minutes as corrected. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was the first reading of Ordinance No.8, Series of 2001, an ordinance amending Section 12-7H-7 of the Town of Vail Zoning Regulations to correct an error in the prescribed procedure far certain types. of Design Review applications for properties in the Lionshead Mixed-Use 1 Zone District. George Ruther, Head of Planning, addressed the Council. Mayor Kurz stated the ordinance had been reviewed in afternoon work session and he stated no changes had been made to the ordinance from first reading. Councilmember Greg Moffet made a motion to approve Ordinance #$, Series of 2001, on second reading. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was the first reading of Ordinance #9, Series of 2001, an ordinance correcting Ordinance 23, Series of 2000, an amendment to the Zoning Map regarding the Vail Golf Course Clubhouse from Outdoor Recreation to General Use. Tom Moorhead, Town Attorney, addressed the Council stating on November 7, 2000, the Vail Town Council approved, on second reading, Ordinance 23, Series of 2000, which amended the official Zoning Map and rezoned the "Vail Goff Course Clubhouse Subdivision" from Outdoor Recreation (OR) District to General Use (GU) District Moorhead stated this Ordinance was not consistent with Council 's findings as reflected . in the minutes from the second reading of Ordinance 23 included here for Council's consideration. The document, as signed, did not contain the appropriate Section 1, which included findings of fact, or Section 2, which contained conclusions of law. Also • Moorhead stated fihe ordinance published in the Vail Trail on November 10, 2000, failed to contain the legal description in Section 3. Moorhead stated that due to the inconsistencies, he was requesting a correction ordinance to be passed on two readings and appropriately published in the Vail Trail so the Council's findings were properly reflected in the record of its proceedings. After some discussion, Councilmember Greg Moffet made a motion to approve on first reading, and Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was the first reading of Ordinance #5, Series of 2001, an ordinance intended to clarify inconsistencies in the town code. Allison Ochs, town planner, reminded the Council this ordinance had been tabled at the March 20th meeting so it could be discussed with a ful! Council present. The main concern resulting in tabling of this ordinance was the discussion regarding 5% site coverage bonus for lots zoned primarylsecondary residential where the stapes exceed 30% on lots less than 14,000 square feet with a Type 1 employee housing unit. Both Cauncilmembers Diana Donovan and Sybill Navas stated their opposition to this ordinance, indicating the town's hazard regulations relating to steep slopes should take precedence over the town's employee housing regulations. Councilmember Chuck Ogilby stated a lot of properties in intermountain would be affected by this ordinance. After some discussion, Councilmember Greg Moffet made a motion to approve Ordinance #5 on first reading. The motion was seconded by Councilmember Kevin Foley. Councilmember Donovan stated she hoped the staff could provide some kind of balancing of regulations on 2°a reading and would vote against the ordinance on first reading. A vote was taken on the motion and the motion passed 5-2, Counci[members Donovan and Navas apposing. The seventh item on the agenda was the second reading of Ordinance #7, Series of 2001, a supplemental ordinance making supplemental appropriations and budget adjustments from the Town of Vail Heavy Equipment Fund, Real Estate Transfer Tax Fund, General Fund, Capital Projects Fund, of the 2001 Budget and the Financial Plan for the town of Vail. Steve Thompson, Finance Director, addressed the council stating the supplemental appropriation had been increased by $191,306. Thompson stated this increase in the supplemental was due to audit adjustments that increased the rollforward amounts for three of the projects, including the third sheet of ice, parking structure maintenance improvements, and the North Trail Townhomes project. The $2.7 million appropriation included $2.1 million in unspent projects carried aver from 2000, including $147,000 for Donovan Park. The appropriation funds $150,000 in additional costs associated with the Vail Ice Dome; $250,000 for smart bus technology; and $235,000 far design of the Vai! Center. Councilmember Diana Donovan stated she would not be voting for the ordinance until the town's financial ledgers reflected a reallocation of funds to replace Real Estate Transfer Tax funds to pay for construction • of the community pavilion. This item was scheduled for further discussion at the April 'IOt~t weric session. A motion was made by Councilmember Slifer to approve • Ordinance #7, Series of 2001, on second reading. Councilmember Moffet seconded the motion. A vote was taken and the motion passed 6T1, Councilmember Donavan opposing. The eighth item on the agenda was a discussion of the proposed Winter Festival Funding presented by Spaeth Design. Todd Oppenheimer, TOV Landscape ArchitectlProject Manager, addressed the Council, reviewing the March 20t" proposal by Spaeth Design for design of a winter festival through the Concept Phase. Oppenheimer stated the cost of the design master plan would be $85,000. He stated the Council would be given a proposal from Spaeth Design from which they could pick and choose the attractions they felt would fit into Vail's holiday theme. Councilmember Donovan stated she was in favor of the idea, but would need to have more detailed information on what the costs would be before she could make any decision on the idea. Town Manager McLaurin requested Todd contact Spaeth Design to get a more detailed plan for their proposal and then return to Council for further discussion. Councilmember Navas stated she felt the town was being given a great opportunity to be a part of this team. She suggested a presentation be provided for Rod Slifer and Chuck Ogilby as they missed the original presentation. Kaye Ferry, local business owner, addressed the Council, stating she felt it would be a huge mistake to pass up this opportunity. This item will be discussed at next joint work session with Vail Resorts, Inc. The ninth item on the agenda was the First Data Colorado Open Request far Funding. David Edmiston, of First data Colorado Open, and Frank Johnson of the Vail Valley Tourism and Convention Bureau (VVTCB), made a presentation to the Town Council, requesting a $7500 donation. David Edmiston stated this was the 38tH Annual First Data Colorado Open Golf tournament and was being held at the Sonnenalp Golf Club during Labor Day weekend. Johannes Faessler, owner of the Sonnenalp, addressed the Council, expressing his enthusiasm for the upcoming tournament, stating it will bring approximately 5000 spectators to the valley during the Labor Day weekend. Councilmember Chuck Ogilby made a motion to allocate the funds out of the Council contingency fund. Councilmember Greg Moffet seconded the motion. During discussion, Councilmember Navas asked if this was something that could be taken out of the Special Events commission, as they had a major event back out of its commitment for this year. Councilmember Chuck Ogilby then made a motion to table his motion until the issue could be presented at the Special Events Commission next week and Councilmember Greg Moffet seconded the motion. Councilmember Donovan inquired as to how the event would be advertised and was assured that Vail would be the anchor. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was the Town Manager's Report. Bob McLaurin, Town Manager, reported on a letter he had received from the Vail Village Club Building, asking for a refund of all or a portion of monies paid to the parking pay-in-lieu fund to the town . Councilmember Rod Slifer stated he felt the town would be opening itself up for numerous issues if this request was granted. Town Attorney Moorhead stated that purchase of Lots 1, 2, 3 and 4, Vail Meadows Second Filing, would be completed by the end of the week. As there was no further business, Councilmember Greg Moffet made a motion to adjourn. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed, 7~0. The meeting was adjourned at 10:00 P.M. Respectfully submit#ed, .Li ~ ~ Ludwig Kur~,f Mayor Attest: ~., • L rel Donaldson, Town Clerk Minutes taken by Mary A. Caster Irk L_J WORK SESSION MEETING MINUTES FOR TUESDAY, APRIL 17, 2001 All members of Council were present, with Rod Slifer and Diana Donovan arriving late. Item #1-Site Visit to Dobson Arena and Discussion of Request to Remove Trees. Following a site visit, a motion was made by Councilmember Greg Moffet and seconded by Councilmember Kevin Foley to approve a request by the Vail Recreation District (VRD) to proceed through the Design Review Board process to amend its proposal for improvements to the town-awned Dobson Ice Arena. The VRD proposal was to remove a 56-foot tall evergreen tree on the property and replace the tree with a 35-foot tall transplanted evergreen. The 56-foot tall tree had originally been identified by the Council to be retained during the Dobson construction. A consulting arborist had recommended the tree be removed after finding that approximately 65 percent of the wood was unsound at the base, causing the tree to be vulnerable to high winds and snow loads. A vote was taken and the motion passed 5-1-1 (Councilmember Ogilby against, Councilmember Donovan abstaining). • VAIL TOWN COUNCIL -MINUTES TUESDAY, April 17, 2001 7;00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, February 20, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: STAFF MEMBERS PRESENT: Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Chuck Ogilby Diana Donovan Rod Slifer Greg Moffet Kevin Foley Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager • Mayor Kurz reminded all of the Vail annual community survey available on the Internet. Kurz thanked those who had responded and asked those who had not to take a minute to fill it out. The survey will be available through April 25t" The first item on the agenda was citizen participation. Kaye Ferry, Vail Chamber addressed the Council, suggesting the town relax the sign code ordinance during the "shoulder season" and allowing merchants to post sandwich board signs at the bottom of the steps at each transportation center. Ferry presented Council with a list of businesses that would be open during off season. Ferry stated the Chamber would absorb any expenses involved with this advertising. Mayor Kurz expressed his hesitation with the idea of advertising that so few shops were open, stating he felt we were saying "Vail is half closed." Councilmember Greg Moffet suggested putting this item on next week's work session agenda for discussion. Laura McBride, applicant for the most recent housing lottery, addressed the Council, expressing her frustration with the application process. McBride gave a receunt of her contacts with the town during the application submittal period. Mayor Kurz stated the town worked very hard to be fair in its lottery procedures and directed staff to look into the situation and get back to Council with their findings. . The second item on the agenda was a presentation on the Program and Budget for the Vail Center. Russell Forrest, Community Development Director, addressed the Council stating staff was requesting direction from the Council regarding the uses that should be included in the directions to the design team. The budget for the Vail Center and specifically direction on the revenue plan including the use of property tax, RETT revenue, capital funds, private donations, naming rights, and how parking spaces can be used for a fund raising campaign. He was also looking for direction to the Town Manager to enter into a contract with EDAW for design services. Russell Forrest advised the Council they were at a critical milestone in defining the uses and in designing and financing the project. He named the key people working on project. Russ reviewed the capital and operational plan. Russ highlighted the objectives, proposed center components and parking issues. He advised the Council he would be presenting 3 different scenarios to the Council. Forrest stated Vail Resorts Inc. was moving ahead with design work for a new parking structure. Stan Bernstein reviewed the capital financing plan, stating the cost estimates had been reduced from $97 million to $75 million, by removing a $'14.5 million line item for parking, as well as the transfer of a $7 million endowment from the capital budget to the operating budget. Russ reviewed the uses of proposed RETT. Bernstein stated the cost had been reduced by taking out of $7 million endowment and the selling of parking spaces. He also addressed revenue sources. The need for the private donations of $30 million was discussed, Russ again stating the private funding would have to be established before the question was put before the electors in November. Frank Johnson, Vail Valley Tourism and Convention Center president, spoke in favor of the project, comparing it to • the Banff Conference and Keystone Conference Center, stating the shoulder seasons were prime far meeting planners. John Horan-Kates reviewed the public access study, stating the majority of time at the Center would be available for community use. Booking policy ideas, LEED (Environmental Certification} program, and employee housing ideas were discussed with Russ Forrest stating there would be approximately 70 full time employees. The Vail Renaissance program, parking, and fund raising programs were reviewed. Forrest requested additional time be given for the staff to work with Vail Resorts on the proposed new parking structure. Forrest again asked for direction from the Council on what the design team should be focusing, stating the revenue issue was not a critical decision for this evening's meeting. Mayor Kurz then asked far public input. Rick Scalpello, retired second homeowner, urged the Council to get an independent view before committing the town and the community to such a large project. Scalpello felt the disadvantages were being downplayed. He offered his service to the town to investigate costs, warning that conference centers do lose money and are not filled during the entire year. Michael Caciappo addressed the Council, asking questions relating to the financing of the project. Mayor Kurz then asked for comments from the Council. Councilmember Foley stated he had not seen the operating costs for the project. Councilmember Chuck Ogilby noted the article Elaine Kelton had given the Council earlier and suggested a review similar to this be done on the project. Ogilby stated a lot of time and energy had gone into this process and hoped that the town could move forward with the project. Councilmember Slifer spoke on behalf of Stan Bernstein, stating that Stan had done a lot of work in the past 20-25 years with municipalities and counties in Colorado and was very qualified to work on this project. Councilmember Greg Mallet referred to the ERA study done earlier. Councilmember Ogilby suggested keeping Rick Scalpello involved as part of the financial team, feeling his viewpoint was beneficial to the town. Councilmember Diane Donavan stated she agreed with most comments made by Chuck Ogilby, stating the staff knew what her concerns were. Mayor Pro-Tem Sybill Navas agreed with most of Councilmember Ogilby's comments, stating she preferred a design that would focus exclusively on Scenario A, although she felt it was heavy on meeting room space and light on arts space. Mayor Kurz stated he too was in agreement with Councilmember Ogilby and Councilmember Moffet's comments, and in favor of employee housing on site. Kurz stated that this was a huge undertaking for the Town of Vail and felt confident the community would make it work. Councilmember Moffet made a motion to enter into a contract not to exceed $160 thousand with the design team of EDAW, HGA and Zehren and Associates to begin creating schematic design that will include an indoor ice rink, skatepark, climbing wall and youth center, plus conference, learning and cultural elements including a 300-seat auditoriumltheater. Councilmember Slifer seconded the motion, requesting Moffet to add the addition of 23.4 employee housing units to his motion. Councilmember Navas stated she would be voting in opposition of the motion based on idea that she felt it was a mistake to pursue both scenarios, bu# that she did not oppose the project. A vote was taken on the motion and the motion passed 6-1, Navas opposing. • The third item on the agenda was an update of the Donovan Park Community Facility. Todd Oppenheimer, Landscape Architect and Project Manager for the town, stated the Design Development cost estimate for the Donovan Park Community Facility, based on the Design Development package presented, was complete. Oppenheimer stated the es#imated cost of construction for the project had decreased by $180,571. Otis Odell of Odell Architects presented an update to the Council on the progress made toward the desired LEEDS certification. Odell recommended the town pursue a national environmental certification in the "silver" category, similar to policies established in the cities of Portland and Seattle and currently under review in Boulder. Odell stated there would be additional costs associated with the LEEDS certification and stated he would get back to the Council with the exact dollar amount. Jim Lamont, Vail Village Homeowner's Association, raised questions regarding costs of the community pavilion. As this item was intended for informational purposes only, no vote was taken on this item. The fourth item on the agenda was a presentation on the East and West Meadow Drive Streetscape project Conceptual Design. Todd Oppenheimer reviewed the two alternative design concepts for the project.Oppenheimerstatwi that two conceptual designs would be presented to the Council, with the hope that one design would be selected as the preferred alternative and the staff and design team would be directed to further develop that concept into the Final Conceptual Design project and continue through the town's design approval process. . Oppenheimer stated an January 9, 2001, that town staff and Joe Kracum of the design team of Washing#on Infrastructures Services and OtaklRock Creek Studios made an introductory presentation of the project to the Town Council. The two proposals, the 2016 Solution and the Promenade Solution, were discussed. The 2016 Solution included a conventional roadway, intersection, and sidewalk design. The Promenade Solution showed a unique, unconventional al#ernative for prioritizing pedestrian and vehicular spaces. Todd stated public meetings had been held to review the alternatives with the property owners, but the attendance had not been good enough to get a definite response on either of the alternatives. Todd stated the estimated cost for either of the alternatives was $3 to $5 million. Tom Braun, of Braun and Associates, and representing the Talisman and Vail Valley Medical Center, spoke to the Council, addressing concerns regarding the access to the Talisman. Braun stated the medical center was a{ready working with the town staff and the consultants to integrate the street redesign into their next development phases. Councilmember Kevin Foley inquired about the necessity of including snowmelt in same portions of the project. Councilmember Greg Moffet expressed the importance of including the streetscape project simultaneously with other redevelopment occurring along Meadow Drive. Gwen Scalpello, a resident of 9 Vail Road, expressed concerns about pedestrians and cars safely exiting that project's parking garage. After further discussion, the Council requested the design team come back with a plan that included a center promenade section that did not extend as far to the wes# of Meadow Drive. The fifth item on the agenda was the second reading of Ordinance #5, Series of 2001, an ordinance amending the Town Code, Title 12, Chapter 13, #o allow for corrections to the Employee Housing Regulations; Chapter 21, to allow for corrections to the Hazard Regulations; Chapter 15, to allow for corrections to the Grass Residential Floor Area Regulations; Chapter 2, to allow for corrections to the definition chapter and far the addition of a definition of "owner"; to allow for clarification to the PA Zane District; and Title 13, Chapter 2, to allow for clarification to the definition of "subdivision"; and Title 8, Chapter 3, to allow for clarification of the Department of Public Works role in the issuance of right-of- way permits. Allison Ochs, town planner, stated the ordinance had not changed from first reading. Councilmember Greg Moffet made a motion to approve Ordinance No. 5, Series of 2001, on second reading and Councilmember Kevin Foley seconded the motion. Councilmember Sybill Navas asked to discuss the 5% site coverage bonus for lots of 30% slopes. Pat Dauphinais, Ioca1 resident and contractor, addressed the Council expressing support of the 5 percent site coverage bonus, stating that this was needed for the availability of additional employee housing. Councilmember Diana Donovan stated she would not be voting in favor of Ordinance No. 5, feeling that this was a change of policy. Councilmember Sybill Navas stated she agreed with Donovan, stating she was all for employee housing, but not at any cost. A vote was taken on the motion and the motion passed 5-2, Navas and Donavan opposing. The sixth item on the agenda was the second reading of Ordinance No.B, Series of 2001, an ordinance amending Section 12-7H-7 of the Town of Vail Zoning Regulations to correct an error in the prescribed procedure for certain types of Design Review applications for properties in the Lionshead Mixed-Use 1 Zone District. George Ruther, Head of Planning, addressed the Council, stating no changes had been made to this ordinance from first reading. Councilmember Moffet made a motion to approve Ordinance No. 8, Series of 2041, on second reading and Councilmember Navas seconded the motion. Moffet amended his motion to add an additional clause the ordinance, "Whereas, the Vail Town Council finds that it is imperative to clearly articulate the intent and procedures of the Town's prescribed development regulations and that it would be irresponsible for the Town to allow inaccuracies in the Zoning regulations to be perpetuated". A vote was taken on the motion and the motion passed unanimously, 7-0. The seventh item on the agenda was the second reading of ordinance No. 9, Series of 2041, an ordinance amending the official zoning map for the Town of Vail, zoning the Vail Golf Course Clubhouse Subdivision" from Outdoor Recreation (or} district to General Use District. Tom Moorhead, town attorney, stated that no changes had been made to this ordinance from first reading. Art Abplanalp, attorney representing litigantsin a lawsuit filed against the town regarding the seasonal placement of the Vail Ice Dome, addressed the Council, stating the Council did not have jurisdiction to pass a correction ordinance. Town attorney Moorhead stated the new ordinance took no additional action and was in no way inconsistent with Council's original intent and action. Councilmember Moffet then made a motion to approve Ordinance No. 9, Series of 2041, on second reading. Councilmember Navas seconded the motion. A vote was taken and the motion passed unanimously, 7-4. • The eighth item on the agenda was the Town Manager's Report. Town Manager Bab McLaurin stated he had nothing to add to the report. McLaurin reported he would be attending a Senate Public Policy meeting on Senate Bill 216 in Denver on Wednesday and would a-mail the Council on the findings. As there was no further business, Councilmember Moffet made a motion to adjourn the meeting and Councilmember Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned at 11:05 P.M. ,~~ `~V ~~j~ ~RJ V ~r 8 E A L Ludwig Kurz, I~dayor ATTE T: ~oco~A~~ rirrn~ua~iii~,_,. , .. ~--~' Lorel~Donaldson, Town Clerk Minutes taken by Mary A. Gaster . VAIN TOWN COUNCIL WORK SESSION TUESDAY, APRIL 24, 2001 PRESENT: Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-tem Kevin Foley Chuck Ogilby Greg Moffet Diana Donovan ABSENT; Rod Slifer ALSO PRESENT; Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Tom Moorhead, Town Attorney The following items were discussed and voted on at the April 24, 2001 Work Session: Item #4 -Anneal of DRB Decision re: McKeeta Residence The Council voted 6-0 to overturn the Design Review Board's (DRB) denial of a request to modify a grading and landscaping plan at 1808 Alpine Drive. In overturning the DRB decision, the Council granted the applicant's request to remove two evergreen trees on the property as well as other modifications. Council's approval is contingent upon replacing the trees with like trees, including linear foot equivalents, as well as guaranteeing replacement of the newly transplanted trees should they die within a five year period. A motion was made by Councilmember Greg Moffet to overturn the DRB denial of the request and Coiuncilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Item #8 ~- Sewer Line Relocation Project at 401 Beaver Dam Circle The Council took action on two motions to clarify a property owner's request to relocate a sewer line to the rear of their property at 401 Beaver Dam Circle. The proposed relocation, which would allow the applicant to construct an addition to their home, had required cooperation from the Town of Vail in three areas: 1) use of adjacent Town of Vail property to place a portion of a utility easement for the Eagle River Water and Sanitation District; 2) use of Town of Vail property to place a portion of a berm required to house the sewer line as well as grading associated with the work; and #) permission by the Vail town Council to access the site for relocation of the sewer line. The adjacent town-owned land, about 5 acres in size, was acquired by the town from Vail Associates and is zoned Agricultural Open Space. It consists largely of wetlands. Councilmember Greg Moffet made a motion to deny the placement of a utility easement on Town of Vail . property, but to allow for grading to occur on the Town of Vail property subject to Design Review Board approval. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed, 5-1, Councilmember Donovan opposing. A motion was made by Councilmember Sybiil Navas to deny access to the construction site across Town of Vail property. The motion was seconded by Councilmember Diana Donovan. A vote was taken and the motion passed 4-2, Councilmember Kevin Foley and Mayor Ludwig Kurz opposing. CJ • • VAIL TOUtIN COUNCIL - MfNUTES TUESDAY, MAY 1, 2001 7:00 P. M. The regular meeting of the Vaif Town Council was held in the Town Council Chambers on Tuesday, May 1, 2001. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: ABSENT: STAFF MEMBERS PRESENT: Sybill Navas, Mayor Pro-Tem Chuck Ogilby Diana Donovan Rod Slifer Kevin Foley Greg Moffet Ludwig Kurz, Mayor Bob McLaurin, Town Manager Pam Brandmeyer, Asst.Town Manager Tom Moorhead, Town Attorney The first item on the agenda was citizen participation. Josef Staufer, local resident and business owner, referenced today's Vail Daily regarding day skiers doing very little for the community. Staufer stated he had heard rumors that the town was going to provide parking for day skiers. Staufer stated that although it was a good idea to expand the Lionshead parking structure, it felt it was wrong to tax local taxpayers to pay for the structure, feeling that Vail Resort Inc. should pay for it. The second item on the agenda was the first reading of Ordinance No. 10, Series of 2001, an ordinance authorizing the conveyance of fee title to the following real property owned by the Town of Vail and located at 770 Potato Patch Road. Tom Moorhead, Town Attorney, presented the ordinance to the Council, stating that on December 1,1994, the Town of Vail acquired the care taker unit at 770 Potato Patch Drive Condominiums for $76,000. The Town was able to acquire this unit as a result of a law suit filed by the Federal Deposit Insurance Corporation against the Town of Vail and 770 Potato Patch Drive Condominium Association to remove a restriction on the unit being utilized as a care taker unit and not to be sold separate from the other common elements of the Association. FDiC had acquired the title to the unit as Receiver of Silverado Banking, Savings and Loan Association upon its failure. The Town of Vail received the property by Quick Claim Deed from Silverado Investment Company without restrictions on resale. The last appraisal on the unit was $215,000. The unit has been rented to a Town of Vail employee for $850 a month. This unit, due to its value and due to the expensive monthly assessments and special assessments, is not ideal as an employee housing rental unit. It is believed that a sale could be consummated which would provide the opportunity fo buy one or two additional units that would more appropriately function as housing for employees. Moorhead stated this ordinance was being brought back per Council instruction. He stated the unit was purchased of a very favorable price and had been rented to Town of Vail employees since the purchase. He stated proceeds received from the sale would be used fo purchase more affordable housing. Councilmember Diana Donovan stated she supported the sale of this unit, but did not feel she could vote for this ordinance until a contrac# has been written for the sale to reassure citizens the sale of town land was in place. Councilmember Chuck Ogilby stated he was not in favor of getting rid of any housing units, and the town should use ail available funds for buy downs. Councilmember Greg Moffet made a motion to approve Ordinance #10 on first reading. Councilmember Rod Slifer seconded the motion, requesting Moffet add to his motion that Council must approve of the sale and that proceeds will be used specifically for buydown units. Councilmember Greg Moffet stated the ordinance specifically provided that Council must approve the sale of any property, with the proceeds being used to acquire to purchase additional properties. Councilmember Kevin Foley stated the money would be put towards a better unit and the town would have to receive the proper money for the unit. Councilmember Rod Slifer agreed with Councilmembers Foley and Moffet. • Councilmember Diane Donovan felt discussion held at the afternoon work session was cut off and "snippy." Councilmember Sybill Navas suggested having a full discussion right then. Navas stated she intended to add her recommendation to direct the listing agent to include a "must exceed price" of an agreed upon amount. Navas agreed with Councilmembers Moffet and Foley that it was nat affordable to keep this unit as an employee housing unit. There was no public input on the ordinance. A vote was taken on the motion and the motion passed 4-2, Councilmembers Donovan and Ogilby opposing. The third item on the agenda was a discussion on the Vail Center and Formation of the 501(c){3). Russ Forrest, Director of Community Development, addressed the Council, asking for go-ahead to form the 501 O(3). John Horan-Kates, WhiteRiver Institute, addressed the Council, stating the document had been reviewed by the town staff and legal counsel. Horan-Kates stated it was time to move on this to begin the application process to receive tax exempt status and move forward with the financial plan. Russell Forrest, Community Development Director, stated it was appropriate fo move forward, as it was critical to the plan. Forrest asked the Council if they were comfortable in forming this group, and initial formation of the slate of directors. Councilmember Greg Moffet verified Council with Russ Forrest and John Horan-Kates that Council would maintain control through legal documents between the town and the 501 c3, including a land lease or operating agreement. John Horan-Kates stated he was in general agreement. Councilmember Moffet suggested a recreation advocate be appointed to the board, • naming Diane Johnson as a possible candidate. Moffet also stated the board should have an odd number of members. Horan-Kates stated the principal function of the Board was fund raising. Cauncilmernber Sybill Navas asked haw these people were chosen to be on the initial Board of Directors. Horan-Kates stated they were made up of people he had worked with in the past and were people that could be counted an for support and work. Horan-Kates stated there was definitely room for growth on the Board and this was just the initial contact list. Councilmember Navas pointed out there was no one on the list involved in the arts. Councilmember Rod Slifer stated the second home owners also needed to be represented. Horan-Kates read the list of names currently to be considered for the Board, stating the Board would be expanded. Horan-Kates stated he hoped the Council would approve the slate to allow for the filing of documents with the Secretary of State. Town Attorney Moorhead stated the approval of the the 501 c3 would not have to be approved by a motion, however, an approving vote would show Council support. Councilmember Greg Moffet then made a motion to approve the recommended slate and organization with the stipulation that the Board be expanded to recreation, the arts, and second home owner representatives. Councilmember Rod Slifer also requested the motion include the Board file for incorporation. Councilmember Moffet added the request to his motion. Councilmember Slifer seconded the motion. Councilmember Diana Donovan questioned the operational issue and advocated an expansion of the board to represent a broader crass-section of the community. Russ Forrest stated the Council was not conveying any rights ar ownership. Kaye Ferry, President of the Vail Chamber and Business Association, questioned who would be running the Vail Center, stating this information had not been discussed and felt it needed to be scheduled for a future Council meeting. Councilmember Slifer stated that lengthy discussions with Horan-Kates' group had been held about forming this entity, but theyhad not discussed specifically who will run it. Councilmember Kevin Foley stated a working detailed business plan was being prepared by Horan-Kates and asked when the Council could expect to see it. Horan-Kates responded it should be ready in the next two mon#hs. Russ Forrest stated the plan would be presented to the Council sometime in July. Jim Lamont, East Vail Homeowners Association, addressed the Council, stating that a 501- c3 could be applied far by any entity, not giving Horan-Kates an exclusive franchise on the fund raising for the Vail Center. Rick Scalpello, local resident, addressed the Council, stating he was confused by what was being proposed, but was assured by the Council that the meetings in July would address everyone's concerns and issues. After further discussion, a vote was taken to approve the filing of the articles of incorporation with the recommendation that the Board be expanded to include representatives from the arts, recreation and second homeowners, as well other interested parties. A vote was taken on the motion, and the motion passed 5-1, Councilmember Diana Donovan opposing. The fourth item on the agenda was the consideration of approval of the Waterhouse Encroachment Agreement. Tom Moorhead, Town Attorney, presented the item to the Council, explaining that Stephen and Linda Waterhouse received approval to construct a 2-car garage on their property located at 285 Forest Road. The Planning and Environmental Commission granted a variance to allow the garage to extend into the front set-back consistent with the garage that was being demolished to provide for the construction of the present garage. After the garage was constructed it was determined through an IBC survey that the garage encroached 7" across the property line and onto the Town of Vail right-of-way. The Waterhouses have previously requested Council's approval of the encroachment and upon motion to approve the encroachment it failed to pass due to a 3 to 3 Council vote. Subsequently the Waterhouses filed a complaint in the Eagle County District Court seeking issuance of a Certificate of Occupancy. The town filed a counterclaim seeking a mandatory injunction compelling removal of the encroachment and for damages for trespass on the town's {and. Following a hearing on the town's request for mandatory injunction the District Court dismissed the town's counterclaim requesting that the garage be removed from the right-of--way and ordered that the Waterhouses be permitted to occupy and use the garage and to convey the same as an appurtenance to the property. Moorhead stated that by entering into this Encroachment Agreement, it will allow the parties to settle the dispute and discharge all past and present claims with respect to the garage and the property. By the terms of the Encroachment Agreement, the Waterhouses will be paying $30,000 to the Town of Vail and the town will be an additional insured on the Waterhouses' insurance policy for any damages that may result due to the location of the garage. Attorney John Dunn, representing the Waterhouses, was present for questions and comments. As there were no further comments, Councilmember Kevin Foley made a motion to approve the agreement. The motion was seconded by Councilmember Rod Slifer. Councilmember Greg Moffet stated he would be voting against this judgment, stating he did not feel the District Court judgment would stand up in court an appeal. Councilmember Diana Donovan stated she would be voting in favor only because the garage was where it was, but felt the town had no excuse losing this case, stating that it was perfectly clear where the garage was supposed to be built. Mayor Pro-Tem Sybill Navas voiced concern over setting a precedent, but Town Attorney Moorhead assured her that this would do just the opposite in ensuring this did not happen again. There was no public comment. A vote was taken and the motion passed 5-1, Councilmember Moffet apposing. The fifth item on the agenda was the discussion of the Town of Vail Election Process for the Vall Center Vote. Pam Brandmeyer, Assistant Town Manager, and Lorelei Donaldson, Town Clerk, addressed the Council, stating the time was getting close to decide which type of election the Council preferred to have in November. Brandmeyer and Donaldson referred to the memorandum in the Council's packet, relating to deadlines far submittal of information to Eagle County. The two choices given the Council were to combine the municipal election with the County election in November, which is a mail-in ballot, or to hold an independent election for Town of Vail issues. It was noted that 4 Council seats were up for election this November. The Vail Center issue would also be a part of #his baAot. Town Manager McLaurin stated a decision did not need to be made this evening, this item was being presented far information purposes only to let the Council start thinking about their preference. A discussion followed regarding the timeframes between the two methods of election, as well as the confusion the two separate elections caused among the voters. Town Manager McLaurin advised the Council that numerous public announcements would be needed to let the public know that it would be necessary to vote two different times. Councilmember Navas stated she did not feel the Council would be ready 3 weeks earlier to submit their election requests to the County and that there was a definite impact on the Vail voter to actually came to the polls to vote on election day. Councilmember Kevin Foley inquired about the statement that the town had lost approximately 1000 electors in the last election. Town Clerk Donaldson stated this was due to the County purging names of anyone not voting in the last 2 general elections. Donaldson also stated the cast of an at-the-poll election was approximately $8-10,000, while a coordinated election with Eagle County casts the Town of Vail approximately $3-4 thousand dollars. After further discussion, Councilmember Greg Moffet made a motion to hold an at-the-pall election and to alert registered voters of the need to vote in both elections. Councilmember Kevin Foley seconded the motion. A vote was taken on the motion and the motion passed 5-1, Councilmember Diana Donovan opposing, s#ating she felt this was a waste of town money. The sixth item on the agenda was the Town Manager's Report. Town Manager Bob McLaurin stated he had nothing to add to the report. In regard to the Dobson Arena • update, Cauncilmernber Foley suggested additional public notification be given regarding temporary road closures associated with the construction. Foley also commented on the new wayfinding directional signs posted in Vail. As there was no further business, Councilmember Greg Moffet made a motion to adjourn and Councilmember Kevin Foley seconded the motion. A vote was taken and the meeting was adjourned at 8:45 P.M. Respectfully submitted, `~S ilk vas, May~Y'~Pro-Tem ATTEST: ..~,:~..~.F,;;,t ,;~;.- ~~A~ L r ei onaldson, Town Clerk ~~~. Minutes taken by Mary A. Caster • • • • VAIL TOWN COUNCIL -MINUTES VAI L COUNCIL CHAMBERS May 15, 2001 7:00 P.M. The regular meeting of the Vail Town Council was called to order at approximately 7:00 P.M.on Tuesday, May 15, 2001, in the Town of Vail Council Chambers. COUNCILMEMBERS PRESENT Ludwig Kurz, Mayor Diana Donovan Greg Moffet Rod Slifer Chuck Ogilby ABSENT: STAFF PRESENT: Sybill Navas, Mayor Pro Tem Kevin Foley Pam Brandmeyer, Ass't.Town Manager Tom Moorhead, Town Attorney The first item on the agenda was citizen participation. Tom Hopkins, East Vail resident, addressed the Council expressing his and his neighbors' opposition aver a proposed street light on Main Gore Drive in East Vail. Mayor Kurz stated staff would be directed to follow up on his request. Galen Aasland, a member of the Planning and Environmental Commission and representative on the town's Open Space Committee, asked the Council to consider creating a public access point across Gore Creek to provide a connection to a town- owned open space parcel across from the Vail Public Library. Aasland suggested the use of some real estate transfer tax money for this purpose. Mayor Kurz stated he would have staff check into this request. Jirn Lamont, Vail Village Homeowners Association, commended outgoing Town Attorney Tom Moorhead, stating although they had had some differences of opinions over the years, how much he respected admired him for his work, and wished him the best in his new position as Eagle County Attorney. Lamont then encouraged the Town Council to listen to the tapes from the latest Planning and Environmental Commission meeting regarding the Donovan Park Pavilion. Regarding the Vail Center, Lamont suggested developing a 12-month decision-making path which would emphasize an open dialogue process. Lamont felt this would be more productive than forcing a vote of the electors in November. Lamont also stated his group was planning to oppose any property tax increase to be used for the Vaif Center. Dave Blossom, East Vail resident, added his comments regarding the street light in East Vail, stating that something needed to be done about speeding in the area, rather than installing a light. The second item on the agenda was the approval of the April 3, 2001 minutes and the April 17, 2001 minutes. Several corrections were noted to amend the minutes. Councilmember Greg Moffet made a motion to approve the minutes with the so noted corrections and Councilmember Rod Slifer seconded the motion. A vote was taken and the motion passed 5-0. The third item on the agenda was Proclamation #2, Series of 2001, a Proclamation designating the week of May 1A~, 2001 as Police Week in Vail, Colorado and across the nation. Mayor Kurz read the Proclamation into the record, stating a special section had been dedicated in memory of Ryan Cunningham, a Vail police officer recently killed in the line of duty in Vail. Councilmember Greg Morrison made a motion to pass the proclamation and Councilmember Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Police Chief Greg Morrison accepted the Proclamation .Morrison also expressed condolences to Ryan's wife and daughter, thanked the Vail community far the outpouring of sympathy and support, stating the • community had lost a fine young man. Mayor Kurz also expressed condolences and was proud of the support and attendance at Cunningham's memorial services held in Lakewood, Colorado. The fourth item on the agenda was the appointment of three vacancies on the Local Licensing Authority. Mayor Kurz stated there were four applicants for the three vacancies on the board: David Chapin, Kathy Vieth and Mary Zarba, incumbents, and Robert Rothenberg. A vote was taken and the appointments were as follows: David Chapin Kathy Vieth Mary Zarba A motion was made by Councilmember Moffet to approve the appointments of the liquor board. A second was made by Councilmember Ogilby. A vote was taken and the mo#ion passed unanimously, 5-0. Mayor Kurz thanked all for applying and hoped that Rothenberg would consider applying for another vacancy in the future. Kurz also thanked all the volunteer board members for their time and energy in filling this need. . The fifth item on the agenda was the First Reading of Ordinance No. 11, Series of2001, amending Title 7, Motor Vehicles and Traffic to include Chapter 8, An Ordinance Regulating Neighborhood Electric Vehicles. • Tom Moorhead, Town Attorney, presented the ordinance to the Council, stating the Town of Vail has had no Municipal Ordinances regulating the use of electric vehicles or golf carts within the Town of Vail. Moorhead stated there had been a traditional use at the golf course far golf course maintenance and for players on the course. The Sonnenalp has used these vehicles in their loading and delivery plan. This item was addressed in response to a request by the Vail Mountain Lodge to transport skiers to the lifts at Golden Peak. As a result of that discussion, while it was determined that it is not appropriate to increase the use of these vehicles far delivery of skiers to Golden Peak, it is appropriate to adopt regulations consistent with the present use at this time in the Town of Vail. Scott Jansen of the Vail Police Department stated that after receiving a request from one of the hotels to provide transportation to Golden Peak, he researched the request for the proposed use, noting the carts were prevalent in and around the golf course as well as the Sonnenalp. After presentation to Council, he was directed to come back to Council with an ordinance pertinent to the uses in the town of Vail. Jansen stated there were three common uses for the carts: the employees of the Sonnenalp driving along the length of East Meadow Drive and occasionally transporting passengers between their hotels; on the Vail Golf Course and on public areas of Vail Valley Drive; and at Ford Park, transporting patrons to the Gerald Ford Amphitheater. Jansen stated that a licensed driver was required to operate the carts and the carts must be equipped with head and tail lights, as well as adequate breaks and tires. Jansen stated that exemptions must be approved by the Chief of Police. There was discussion regarding the terms "rounds of golf' as opposed to "playing golf'. Attorney Tam Moorhead stated he would redefne the meaning and make the change to the ordinance before second reading. Jim Lamont, Vail Valley Homeowners Association, addressed the Council regarding clarification on special uses of the carts. Attorney Moorhead stated that any change to the intent of this ordinance would need to be reviewed by the Police Department. A motion was made by Councilmember Moffet to approve Ordinance #11, Series of 2001, on first reading, with the change of language regarding the playing of golf and changing the number sequence in the ordinance. A second was made by Councilmember Donovan. A vote was taken and the motion passed unanimously, 5-0. The sixth item on the agenda was the Year-End Financial Report. Steve Thompson, Finance Director, addressed the Council, stating the report being presented was unaudited, and the audited financial statements will be presented to the Council on June 19, 2001. Thompson stated the $1 million in revenue was due mainly to expenditures being under budget, mainly in the payroll area. Thompson advised the Council the town had funds of approximately 4 months of operating expenses. Thompson did note that the Real Estate Transfer Tax fund balance was down slightly in 200D. Mayor Kurz asked that the third paragraph from Thompson's memo be read into the record. The town was able to increase the general fund balance by $1 million, which is $1.3 million in excess of the amended 2000 budget. We had anticipated a $300,000 (055 in fund balance in the Y2000 amended budget. This $1.3 million came from revenue exceeding budget by $605,247 and expenditures coming under budget by $761,441. The departments with the largest savings included police, $226,071; fire, $119,994; and public works, $115,$16 (see page 4 for more details). The excess revenue of $605,247 is made up of several revenue sources, including sales tax, $167,101; resort fees (lift tax revenue), $71,723; and parking revenue, $217,417 (see page 3 for more details). Kurz also commended Thompson for the "belt-tightening" this past year and not impacting services, all showing very positive results. Councilmember Moffet stated this was a testimony to the staff, and their integrity in holding the line on expenses. The Council thanked Steve Thompson for the report, and they are looking forward to the audited financial statement report in June. The seventh item on the agenda was the Town Manager's Report. Councilmembers Ludwig Kurz and Greg Moffet were appointed to serve on the Parking Task Force Committee to develop parking strategies and objectives. Councilmember Donovan offered a suggestion to combine an implementation team into the strategy task force. Councilmember Moffet asked staff to notify the liquor licensing authority applicants immediately of the outcome of the vote and to encourage Robert Rothenberg to reapply in the future. As there was no further business, Councilmember Moffet made a motion to adjourn. Councilmember Slifer seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The meeting was adjourned at 8:00 P.M. liq~~ ,~ ~'' 4 SEAS, ~~~~rir,Cp•L UR P~~~`~`~ ATTEST: L ei onaldson, town Clerk Respectfully submitted, Ludwig Kur Mayor Minutes taken by Mary A. Caster ~~ MEMORANDUM TO: Vail Local Marketing District Board Members FROM: Steve Thompson, Finance Director DATE: May 3D, 2001 RE: FINANCING WORKING CAPITAL FOR THE VAIL LOCAL MARKETING DISTRICT The issue of funding working capital for the Vail Local Marketing District in the amount of approximately $350,000 still needs to be resolved. At the end of 2001, the Vail Local Marketing District will need to borrow from the Town of Vail approximately $350,000 as working capital to fund the 2001 Marketing Program. The working capital of $30,000 is needed due to the lag time in getting the lodging tax. I have discussed with the Vail Local Marketing District's attorney, Paul Cockrell, what the options are far dealing with this debt at the end of the year. The attorney, Paul Cockrel! with Collins and Cockrell, has recommended three different solutions far dealing with this debt at the end of 2001. 1. The town transfer $350,000 to the Vail Local Marketing District and the town enter into an intergovernmental agreement with the Vail Local Marketing District that this $350,000 is a loan from the town to the Vail Local Marketing District and will be repaid if and when funds are available. However, the town and the Vail Local Marketing District need to understand that this is merely a moral obligation and not an absolute obligation. If the town wants an absolute obligation from the VLMD that this money will be paid back, then the second option needs to be pursued. 2. The second option is that a Tabor election is held in the fall which would allow the district to borrow this money and would became a legal obligation of the Vail Local Marketing District. 3. Loan the money between the town and the Vail Local Marketing District for the year 2001. Enter into the intergovernmental agreement as described in Option (1 }. In 2402, reduce the marketing budget by $350,000 and in 2002 pay the $350,000 money back to the town. This solution would solve the problem indefinitely, giving the district the working capital it would need in the future to operate. This issue needs to be resolved so that the 2002 budget for the VLMD can be prepared. • a • VAIL TOWN COUNCIL MINUTES Tuesday, June 05, 2001 7:00 P.M. Members present: Absent: Diana Donovan Kevin Foley Greg Moffet Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Chuck Ogilby Rod Slifer Staff Present Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Tom Moorhead, Town Attorney The first act of the Vail Town Council was to sit as the Vail Local Housing Authority. As doing such, the Authority elected five (5) appointees to the Vail Housing Authority. Mayor Kurz commented on the ten highly qualified applicants, stating that only five of these applicants could be appointed according to state sta#ute. Kurz stated he hoped the others would remain interested in serving on a town board in the future. At that point a vote was taken and the following applicants received the highest number of votes: Sally Jackle Mark Ristow Steve Lindstrom Kim Ruoloto Chuck Ogilby (Council representative) Councilmember Greg Moffet made a motion to recommend the above five names for appointment to the local housing authority. Councilmember Sybill Navas seconded the motion. Mayor Kurz stated the terms of office would be established at an up-coming meeting. A vote was taken and the motion passed unanimously. The Council then returned to the regular evening session sitting as the Vail Town Council. The first item on the agenda was citizen participation. Mayor Kurz asked that the audience keep their comments short and to the point. Bob Armour, former Vail Mayor and local resident, thanked Suzanne Silvertharn for her department's continued work • on the Internet website, as well as providing an a-mail information service to subscribers, calling it a great asset. Armour then thanked Tom Moorhead, outgoing • Town of Vaif attorney, for his work aver the past 8 years, commending his service and dedication to the benefit of the Town of Vail. Nex#, Paul Rondeau, Vail resident, presented a series of alternative financing sources for the Vail Center to the Council, to be considered in addition to property tax increases.Rondeau referenced Vail Tomorrow, where the idea of a hub site had originated. Rondeau called his concept "EPIC" -Everyone Participates in Contributing. Jim Lamont, Vail Village Homeowners Association, stated his interest in pursuing Rondeau's proposal of alternative financing for the Vail Center. The second item an the agenda was the Consent Agenda. Approval of May 1, 2001, minutes Approval of May 15 , 2001, minutes Ordinance Ordinance #11, Series of 2001, Electric Carts, 2"~ reading Councilmember Greg Moffet made a motion to approve the minutes from the May 1 and May 15, 2x01, Council meeting with corrections noted at the worksession. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passes unanimously, 5-0. • Councilmember Greg Moffet then made a motion to approve Ordinance No. 11, Series of 2001, on second reading. Councilmember Sybill Navas seconded the motion. Councilmember Diana Donovan recommended two amendments relating to modifying the ordinance to allow town regulation of the number of carts used in Ford Park, as well as broadening the definition of prohibited uses. Councilmember Moffet amended his motion to include Danovan's recommendations. Councilmember Navas amended her second. A vote was taken on the motion, and passed unanimously, 5-0. The third item on the agenda was the discussion of the Meadow Drive Streetscape project: Todd Oppenheimer, Town Landscape ArchitectlCap'ttal Projects Manager, reviewed the alternatives for the West Meadow Drive design. It was suggested that additional meetings and presentations be made over the Fourth of July holiday to encourage home owners to review the conceptual designs being offered for this area. Also discussed were right-of-way issues and the construction schedule. Two solutions were presented to the Council far review, one being the 2016 Solution, providing fora 20-foot landscaped pedestrian area on the north side of West Meadow Drive and asix-foot sidewalk on the south side, with two lanes for traffic and transit. The "Promenade" solution called for a landscaped area between Chateau Vail and the Vail Road intersection of Vail Road with a modified round-about proposed for the intersection of Vail Road and West Meadow Drive. Joe Kracum of Washington Infrastructure Services reviewed the construction schedule as well as information regarding encroachments . into the right-of ways, access to the Talisman property, impacts to Mayor' s Park, and utility work. Kracum stated that if approvals from the Planning and Environmental Commission, Design Review 6aard and Art in Public Places were all rQCeived by October, work could commence in the spring of 2002. Mayor Kurz inquired as to whether there was a strong favorite amongst the neighborhood at the present time. Todd Oppenheimer responded, stating there was no clear favorite at this time. Dominic Mauriello, representing the Vail Valley Medical Center and the Sonnenalp Hotel, expressed his clients' interest in entering their locations from West Meadow Drive. Public comment was received regarding the idea of a round-about and the effect it would have on emergency vehicles getting on the road and getting in and out of private residences. Mayor Kurz asked for comments from the Council. It was a general consensus from the Council that the round-about would not serve a need. Council requested Kracum and staff to stake out the conceptual plan for the area, and have it ready far the Fourth of July weekend. Councilmember Navas suggested a joint meeting with the Design Review Board. Mayor Kurz again expressed his appreciation of the work of Joe Kreihm and his staff, stating the town had worked with his company in the past and always had pleasing results, calling his coordination of projects exemplary. The fourth item on the agenda was the First Reading of Ordinance 2, Series of 2001, an ordinance creating two new chapters within the Subdivision Regulations: Chapter 12 -Exemption Plat Review Procedures and Chapter 13 -Administrative Plat Correction Procedures. Brent Wilson, town planner, introduced the ordinance to the Council, stating the ordinance had been discussed briefly earlier in the afternoon, and • no changes had been made to ordinance from that time. The chapters, intended to address the need to file plats for single pieces of properly and to provide plat correction procedures, retain a!I public notifications required by the town code. Councilmember Greg Moffet made a motion to approve on first reading. Councilmember Sybill Navas seconded the motion. Councilmember Diana Donovan thanked Brent for clarifying the questions she had on this subject. A vote was taken and the motion passed unanimously, 5-0. The fifth item on the agenda was the first reading of Ordinance #12, Series of 2001, Curfew and Special Events Ordinance. Scott Jansen, Vail Police Officer, presented the ordinance to the Council, responding to the Council's request for staff to put together an ordinance to control Fourth of July and New Year's Eve celebrations in Vail. Tom Moorhead, #own attorney, stated the proposed curfews were a result of citizens' and law enforcement's concerns as to safety of the public, as well as potential for disaster in Vail Village. Moorhead stated the ordinance met the strong criteria, appropriate interests to protect children and the public, and would be upheld by the courts. Jim Lamont, Vail Village Homeowners Association, suggested the public should be given the opportunity to view the tape, stating this was more of a public safety issue than not wanting a certain class of people in Vail. Joe Joyce, homeowner in Matterhorn, expressed his support of the ordinance, but felt concerned that the town may be going too far, as the articles in the Denver Post were sending the wrong message. Joyce suggested starting with a curfew, and not going far beyond that for now. ~,~, Kaye Ferry, Vai! Chamber, stated she had seen tape, and agreed that everyone wanted safety, but felt the town should be taking smaller steps. Ferry s#a#ed she preferred staying with the 17-year-ofd curfew and to review it after the Fourth of July to see what the results were. Mayor Kurz stated that Councilmember Rod Slifer called in to reiterate his strong sense of protecting the public during celebrations of this kind. Gwen Scalpello, private citizen, stated she had talked with participants after fast New Year's Eve, and the reaction was that they were very afraid and had a bad impression of Vail. Councilmember Sybill Navas stated she had spoken to some young people in town on New Year`s Eve as well, and they went home terrified. Navas stated this was not the atmosphere Vail wants on a holiday, and although she does not like the concept of a curfew, it is a public safety issue. There are too many people and even with a large number of police officers, it will be unenforceable if the same number of people are in the core. Kerry Donavan addressed the Council stating this ordinance was not going to solve the real problem of young people having a place to go -and that it would not keep the kids home, but rather send them elsewhere to celebrate, creating more unsafe areas. Greg Morrison, police chief, stated he knew the town would get criticized for this action, but anyone having seen the New Year's Eve tape would realize a solution needs to be found to the problem. After much discussion, Councilmember Greg Moffet made a motion to approve Ordinance #12 on first reading. Councilmember Sybill Navas seconded the motion Councilmember Donovan stated she supported the curfew, but could not support the 21-year-olds not being allowed to go into the Village. A show of hands in favor of the ordinance showed Councilmembers Moffet, Kurz and Navas in favor, with Councilmembers Donovan and Foley opposed. Per Town Attorney Moorhead, the motion needed a majority of 4 votes to pass, or a majority of the sitting Council, so the motion was defeated. The sixth item on the agenda was the first reading of Ordinance #13, Series of 2001, Open Container Ordinance. Councilmember Greg Moffet moved to approve Ordinance #13 on first reading. Councilmember Sybill Navas seconded the motion. Scott Jansen, Vail Police Department, stated this ordinance would expand the town's closed container boundary provision to include the Vail Village. A vote was taken on the motion and the motion passed, 4-1, Councilmember Kevin Foley opposing. At this poin# Councilmember Navas asked to return to Qrdinance #12, Series of 2001, to discuss alternate ways to approve the curfew portion of the ordinance, by removing the special event portion. After some discussion, a motion was made by Councilmember Sybill Navas to delete Sections 6-5-1 and 6-5-2 of the ordinance relating to Special Events District. Councilmember Greg Moffet seconded the motion. A vote was taken and the motion passed 4-1, Councilmember Kevin Foley opposing. The seventh item on the agenda was the second reading of Ordinance #10, Series of 2001, an ordinance authorizing the Town of Vail to sell 770 Potato Patch housing unit, which was acquired during a foreclosure proceeding. Town Attorney Moorhead stated no changes had been made to the ordinance from first reading, and the property was proposed to be listed with Remax Vail, at $220,000 with a 30 day exclusion to the Potato Patch Homeowners' Association. Councilmember Greg Moffet made a motion to approve Ordinance #10 an second reading. Councilmember Kevin Foley seconded the motion. Councilmember Diana Donovan asked why if the unit appraised at $225,000, why the town was asking $220,000 for the unit. Town Attorney Moorhead stated that was the price suggested by the real estate broker. Assistant Town Manager Pam Brandmeyer clarified the appraised value of the property had come in at $215,000. Councilmember Moffet changed his motion and ordinance to read $215,000. Councilmember Foley seconded the motion. A vote was taken on the motion and passed unanimausly, 5-0. The ordinance was ordered published in full with the price corrected to read $215,000. The eighth item on the agenda was the Town Manager's Report. Town Manager Bob McLaurin thanked Tom Moorhead for the 8 years they have worked together and told the Council they had same "big shoes to fill" to find a replacement for Moorhead. Councilmember Greg Moffet also thanked Moorhead for his dedication to the town. Tam Moorhead thanked the Council and staff far their comments, stating he had enjoyed working for the town and looked forward to new challenges at the County of Eagle. As there was no further business, Councilmember Greg Moffet made a motion to adjourn and Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0, and the meeting was adjourned at 9:45 P.M. ~ .y ~~ ~~AL -~~.,.a.. ;s~,~ ATTEST: L ei naldson, Town Clerk Respectfully submitted, ~~ Ludwig K, Mayor Minutes taken t:y Mary A. Caster • • VAIL TOWN COUNCIL Evening Meeting -Minutes TUESDAY, June 19, 2001 7:00 P.M. PRESENT: Ludwig Kurz, Mayor Greg Moffet Rod Slifer Diana Donovan Chuck Ogilby ABSENT: STAFF MEMBERS PRESENT: Sybill Navas, Mayor Pro-Tem Kevin Foley Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Allen Christensen, Acting Town Attorney Mayor Kurz noted that Councilmember Kevin Foley and Mayor Pro-Tem were absent from the meeting. Mayor Kurz expressed the sympathy of all Councilmembers on Sybill Navas' fa#her's passing. . The first item on the agenda was CITIZEN PARTICIPATION. Caleb Hunt , a 2"d homeowner on West Meadow Drive, urged the council to allow himself and other second home owners to vote in the Vail Center election. The second item on the agenda was the Consent Agenda. Councilmember Greg Moffet made a motion to approve Ordinance #2,relating to Exemption Plats, on second reading. Councilmember Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The third item on the agenda was the 2000 Audit Presentation. Steve Thompson, Finance Director for the town, presented the report to the Council. Michael Jenkins from McMahan and Associates accounting firm was also in attendance to answer any questions. Thompson stated there were no changes from the audit report given to the Council at the May 8' 2001, presenta#ion to the Council. Mayor Kurz asked if the town was in good financial health. Thompson answered in the affirmative. Mayor Kurz then asked for any questions from the Council. As there were none, Kurz thanked Thompson for the report. The fourth item on the agenda was the discussion of the Program for the Vail Center John Horan-Kates addressed the Counci[ stating the discussion this evening was to re- address the components of the Vail Center and get Council's reaffirmation of the project's go ahead. Much discussion followed regarding the project. Town Manager McLaurin stated that a meeting involving the arts community had been held by Horan- Kates as to what should be included in this component. McLaurin also stated that as of the previous Friday, the demolition and rebuilding of the new parking structure was more costly and problematic than previously anticipated and would need to be reconfigured. McLaurin stated the purpose of the meeting was to determine what the Vaii Center meant #o each Councilmember. The proposed plan was broken dawn into two phases depending on their priority.Horan-Kates presented a chart of project components, including a recreation center component, an arts center with a 1300 sea# theatre, a conference and learning center and two breakout rooms. Horan-Kates stated it would take about $33 million to build the first phase, with the learning center to be built in the second phase. Mayor Kurz then asked for comments from the public. Kurz asked that comments be short and to the point. Jen Brown, representing the Vail Valley Chamber, stated a convention center was vital to the business community. Brawn stated she supported the town's efforts, but did not care to comment on the other amenities. John Zoner, Vaif resident, question the economics of raising $1.5 million from property tax. Flo Steinberg stated she thought this was the most confusing thing she has experienced in Vail, feeling the town was spending a fat of money and going into deep debt over something that was not clearly defined. Tam Steinberg, 36 year resident, did not feel the town was prepared to put this issue on ballot in November. Paul Rondeau, Vaif resident, stated he firmly supported building on the charter bus lot. Rick Scapello, Vail resident, stated the Council needed to hear from the Vail Recreation District regarding their support of this project. Mayor Kurz • stated the Council planned to meet wi#h the VRD at its work session next Tuesday. Kim Langmaid, 32 year Vail resident, supported the learning center, stating it was being proposed based on solid planning and would bring energy and diversity to Vail. Joel Heath, resident of Vail, expressed his concern for something exciting to visitors to be built in the next couple of years. Eric Baumann, local business owner, expressed his support of the project. Will Miller, 32 year resident, encouraged the Council to move forward with the project. Several other members of the community addressed the Council, expressing their support of the Vaii Center. Mayor Kurz thanked the communi#y for their concerns. Kurz stated he felt the need to go ahead with a development that is in keeping with Vail, something that will put Vail back on track. Kurz stated the town needed to address the fact that Vail was somewhat behind and Vail cannot continue to depend an the ski mountain to sustain the economy. Kurz urged the Council to keep looking at the Vail Center as positive for the community. Town Manager Bob McLaurin addressed the Council, stating that if this project was easy to implement, it would be done by now. McLaurin reminded the Council of all the meetings and public input that took place before the main Vail roundabout was impiemented and the Vail Commons was built. McLaurin stated that this Council and previous Councils had faced many obstacles and concerned citizens, but both projects had proved successful in the long run. Counciimembers Chuck Ogilby, Rod Slifer and Greg Moffet felt an additional month re-evaluating the project had been beneficial and were ready to vote on the . components of the Center. Councilmember Rod Slifer stated for the record he had never heard a town manager applauded in a Council meeting before. Slifer stated the charts presented by Town Manager McLaurin made the project clearer. Councilmember Greg Moffet stated there was tremendous clarity in the presentation. Following a lengthy discussion, Councilmember Greg Moffet made a motion to approve the Conference and Learning Center component to include a 20,000 sq. ft. ballroom with two 5,000 sq. ft. breakout rooms and one 1,000 sq. ft. boardroom with a 4,000 sq. ft. auditorium. Councilmember Rod Slifer seconded the motion. A vote was taken and the motion passed 4-1, Donovan abstaining. A motion was made by Councilmember Moffet to approve a recreation center with components #o include a climbing wall, indoor ice rink, enclosed skatepark and youth center. Councilmember Chuck Ogilby seconded the motion. A vote was taken and the motion passed unanimously, 5-0. A motion was made by Councilmember Greg Moffet to approve a Performing Arts Center component which would occur by reserving a future site fora 1,300 to 1,500 seat performing arts facility. Councilmember Ogilby seconded the motion. A vote was taken and the motion passed 4-1, Donovan opposing. • A motion was made by Councilmember Greg Moffet to approve a Learning Center Expansion, including additional breakoutlfearning center space utilizing the library and space on the second floor of the conference facility. Councilmember Rod Slifer seconded the motion, adding that these these dimensions are very specific, and the components may change in size as the project moves forward. Councilmember Moffet amended his motion to include these comments. A vote was taken and the motion passed unanimously, 5-0. Mayor Kurz stated the Council needs to reaffirm they believe these programs are important and necessary for the community and they need to work on putting it on the November ballot, stating this community needs and deserves programs as outlined in this presentation. A break was taken at 8:40 p.m. At approximately 9:00 p.m., the meeting was resumed. The €ifth item on the agenda was the First reading of Ordinance No. 14, Series of 2001: An Ordinance Rezoning Lot C, Vail Village Second Filing From "Public Accommodation" To "Special Development District No. 36," Ta ANow For The Construction Of The Vail Plaza Notel West. Brent Wilson, town planner, stated this meeting was a follow-up to the Town Council's preliminary review of the proposal on May 15th. Wilson stated that since . the previous council review, the issues of traffic circulation, employee storage and traffic counts had been resolved to the satisfaction of staff. Tim Losa of Zehren and Associates, stated three issues were addressed. Those being' traffic, streetscap~ issues and public benefits offered by the hotel. Bill Pierce, an architect representing Lon Moellentine- owner ofthe Alpine Standard service station located in front of the Vail Plaza Hotel, stating that issues regarding ingress and egress to the hotel had not been resolved and recommended postponement of the project until these issues were settled. Councilmember Greg Moffet questioned the egress easement on Vail Road. Moffet was advised the easement was not on town land but is on a portion of Chateau property. Moffet stated the town was being asked to resolve the easement dispute. Discussion was held regarding access and easement issues with adjacent property owners. Jim Lamont of the Vail Village Homeowners Association suggested adding an expanded loading and delivery component as a condition of approval, as well as an underground connection between the Vail Plaza Hotel and the Vail Village Inn, as both properties are awned by the same person. Richard Kent, representing the Scorpio and Alphorn condominium associations, encouraged the council to vote against the proposal, feeling there was too much bulk and mass in the project. Rick Scalpello, residing at Nine Vail Road, expressed access and indemnification concerns and urged the Council to direct the applicant to implement a streetscape plan, as it ties into the proposed West Meadow Drive plan. After further discussion, Councilmember Greg Moffet moved to approve Ordinance #14 on first reading, with conditions as outlined • above. Councilmember Rod Slifer seconded the motion. Councilmember Diana Donovan stated she would be voting against the motion as she felt PA zoning to rezone to SDD did not meet the regulations of TOV. Bill Pierce asked for a clarification of the motion changing the condition of easement submittal from "Temporary Certificate of Occupancy" to "building permit submittal." Acting Town Attorney Allen stated he would address that and bring to Council on second reading. A vote was taken on the motion and the motion passed 4-1, Councilmember Donovan apposing. The sixth item on the agenda was the second reading of Ordinance #12, Curfew and Special Events. Mayor Kurz stated the ordinance had been approved on first reading, wth the elimination of the special event district. Councilmember Donovan noted the words "special event district" should be removed from the title of the ordinance. Councilmember Rod Slifer stated he was not here for first reading and felt it was important to include the special event district of the ordinance. Councilmember Donovan stated 18-2Q year olds should not be restricted from the area. Slifer stated he felt the problem • was alcohol and that age group was not old enough to drink and were becoming a major problem. Mayor Kurz stated he believed the police handle the new ruling in a professional and constrained manner. Police Chief Greg Morrison stated his department planned to handle the crowds in much the same way as the StreetBeats were handled, with use of ID bands. Morrison stated checkpoints would be set up while the fireworks were being displayed, and that no one under age of 21 will be allowed back in to the designated area. Counciimember Rod Slifer then made a motion to adopt Ordinance No. 12 on second reading, with the insertion of the Section 6.5.3 Special Event District added back into the ordinance Counciimember Greg Moffet seconded the motion. Counciimember Donovan stated she felt it was illegal to completely change the ordinance from first reading. Donovan was advised by attorney Christensen that according to the town Charter, it was legal to add the section back into the ordinance on second reading. Kaye Ferry, Vail Chamber and Business Association president, addressed the Council, stating she was very angry and upset with them, feeling they were conducting business in an underhanded fashion. Counciimember Slifer responded by saying he was voting for what he believed was fair and #his was the purpose of two readings to pass an ordinance. Counciimember Chuck Ogilby also stated he was voting for what he believed was right. Michael Cacioppo questioned the Council's ability to approve the ordinance in regard to a provision that allowed people to exercise their right of free assembly. • Jim Lamont, Vail Village Homeowners Association, expressed concern of where the people might go when not able to get into the special events area. Police Chief Morrison assured Lamont that this was part of the plan for these two evenings. Chris Schuck, owner of a local security business, addressed the Council, stating he had been involved in many of these events and that it was a dangerous situation and something needed to be done to prevent a dangerous situation. Jonathan Staufer, a lifetime resident of Vail, agreed with remarks made by Kaye Ferry, stating that the message going out was that 1 S and 20 year olds were no longer welcome in Vail. Staufer stated this age group would be wandering around looking for trouble. Judge Buck Allen stated the crowds in Vail have become mare aggressive in recent years. Allen referred to an article in the Denver Post regarding the scope of alcohol consumed by kids after the Avalanche hockey victory. Allen stated he felt parents were not aware of the scope of activities of this age group and had little supervision. Allen stated he saw approximately 150-200 offenders after these two holidays. A vote was taken on the motion and the motion passed, 4-1, Donovan apposing, The seventh item on the agenda was the second reading of Ordinance #13, Open Containers. Police Chief stated this ordinance had not changed from first reading. Counciimember Greg Moffet made a motion to approve Ordinance No. 13 on second reading. Counciimember Slifer seconded the motion. A vote was taken and the motion passed unanimously 5-0. The eighth item on the agenda was the Town Manager's Report. Town Manager Bob McLaurin stated he had received word from Glen Porzak, legal counsel, fihat the Water Court had ruled in favor of Golden in terms of water rights. Mctaurin stated the SB216's are exempted, which is a good decision for Vail. Councilmember Slifer made a motion to adjourn. Councilmernber Ogilby seconded the mofiion. A vote was taken and the motion passed unanimously, 5-0. The meeting was adjourned at 11:10 P.M. Respectfully submitted, ATTEST: • ~...... ~~ el Donaldson, ~E,~)~ Town Clerk Minutes taken by Mary A. Caster ~p Ludwig Kurz, Mayor • VAIN TOWN COUNCIL REGULAR MEETING MINUTES Tuesday, July 1p, 2001 7:00 P.M. MEMBERS PRESENT: Ludwig Kurz, Mayor Sybiil Navas, Mayor Pro-Tem Kevin Foley Diana Donovan Chuck Ogilby Rod Slifer ABSENT: Greg Moffet STAi=F MEMBERS PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Allen Christensen, Acting Town Attorney The first item on the agenda was Citizen Participation. Mayor Kurz announced that under Citizen Participation, a discussion of the events over the 4'h of July holiday would take place. Chief Morrison addressed the Council, giving an overview of the events of • the evening. Chief Morrison stated the goals that were established were to create a family environment on Bridge Street. Morrison s#ated that a 6-month process had been in place to come up with this plan. Morrison reported there were 41 officers in the Village, along with others held in reserve. Morrison reported there were 13 arrests, minimal property damage, and the bus department was pleased with the results. Councilmember Kevin Foley questioned the cost of bringing in additional officers for the Fourth. Chief Morrison estimated the town incurred an additional cost of approximately $40,000. Joel Heath, Vail Valley Tourism and Convention Bureau, stated no negative impact was felt because of the curfew and saw no difference in crowds ar occupancy levels Heath stated mid-week holidays usually result in a Strang week. John Kaemmer, here since 1965, commented that Vail Village looks better today than it has in years. Kaemmer stated other ski areas are coming to Vail to see what's going on here also expressed support of the July 4t" curfew and special events district. George Knox, Vail business owner, stated he was originally opposed to the curfew, but felt It worked, and suggested not making any more publicity about it, acknowledging there wi[I be a curfew for New Year's Eve, if asked. Bill Jensen, Vail Resorts Inc., addressed the Council, stating he felt it was a great week for Vail. Jensen complimented the police department for creating a safe environment. Jensen stated he felt the media had painted a picture more restrictive than what the curfew entailed. Jensen felt the Council has a challenge in striking the right balance to ensure Vail is safe but still fun. Jensen agreed that New Year's Eve was a different type of event and people that traditionally come to Vail to celebrate need a place to gather. A representative from the Red Lion expressed success in the numbers, and the crowd control, citing no underage drinkers, and felt everyone had a good time. Concern was expressed regarding the media's take on the advertisement. Suggestions included limiting numbers and creating a beer garden environment on Bridge Street, or a Mardi Gras event, stating "this year's 20-year-olds are next year's 21-year-olds." Stephen Connelly, contract employee of the Vail Chamber and Business Association for special events, stated he had contacted business owners and the consensus was the town was forced to take steps to control the crowds, but felt it could be done in a less negative way in the future, so as to not turn people away. Connelly stated he had heard the front range crowds had chosen to go to Breckenridge to celebrate the 4t" Mayor Kurz asked Town Manager Bob McLaurin to comment on his take of the celebration. McLaurin stated he felt the Council was successful in achieving their objectives. McLaurin also stated the New Year's Eve crowd will be a different situation and the Council and staff should begin planning in the next 30-45 days with the local merchants on how to do it differently from the 4th. McL.aurin commended Police Chief Morrison and Community Information Officer Suzanne Silverthorn for an outstanding job in getting the word out, stating this was the hardest thing the town has ever done, and • we needed to get control of the situation. McLaurin commended the Council on having the courage #o do the right thing. Mayor Kurz stated that comments from the business community at the afternoon meeting as well as this evening's meeting would be given thoughtful consideration by the Council. Kurz agreed that Vail needed to provide fun and safety to the community. Bill Suarez, manager of the Ore House Restaurant, expressed concern about the image of Vail while controlling it. Suarez stated the town does not want to present the image that people are not welcome here. Councilmember comments included Chuck Ogilby's reassurance to everyone that the Council had listened to the community and would take all comments into consideration and hopefully make the process better. Councilmember Diana Donovan stated she had received a letter from the Golden Bear stating a customer had commented they understood the need for the policy, but felt unwelcome in Vail Village. Councilmember Rod Slifer agreed with comments from the Council and the community, feeling the town had done the right thing in setting the curfew, feeling the town was close to having a real disaster. Slifer agreed that a "lighter touch" should be used in the future. . Councilmember Sybill Navas agreed it was a difficult decision to make, but after looking at tapes from last New Year's Eve, felt the town would have had a major problem if • nothing had been done. Cauncilmernber Kevin Foley reported Lionshead was relatively quiet on the 4th. Foley did express concern regarding activities for the 18-20 year old crowd. The second item on the agenda was the first reading of Ordinance No. 15, Series of 2001, an ordinance adopting a revised approved development plan or Special Development District No. 6, Vail Village inn, Phase II, to allow for the consolidation of two existing residential dwelling units. Brent Wilson, town planner, presented the ordinance to the Council, stating the applicant's request involved the consolidation of two existing second-story residential dwelling units along East Meadow Drive into one unit. Pursuant to Section 12-9A-2, Vail Town Code, any request to change the number of dwelling or accommodation units within a special development district constitutes a "major amendment" request. The design review portion of this application involves the addition of dormer elements to the existing roof ridges. The Design Review Board's final review of this item is pending PECITown Counci! review of the major amendment request. Wilson stated at its June 25th meeting, the Planning and Environmental Commission voted to recommend approval of the applicant's request, subject to submission of a revised condominium map to reflect the approved amendment for review. Mayor Kurz . stated an overview was presented at the work session earlier in the afternoon. Councilmember Kevin Foley made a motion to approve Ordinance #15, Series of 2001, on first reading. The motion was second by Councilmember Rod Slifer. Councilmember Diana Donovan stated she would be voting against this ordinance because it goes against everything the Council was trying to do, by eliminating units. A vote was taken on the motion and the motion passed 4 - 2, Councilmembers Ogilby and Donovan opposing. The third item an the agenda was the first reading of Ordinance No.16, Series of 2001, an ordinance amending the Vail Town Code, Chapter 11, Section 12-11-8 Performance Bond, Section 12-11-11 Enforcement; Inspection, and Section 12-2-2 Definitions to provide for procedural changes to the performance bond process as prescribed in the Vail Tawn Code; Mayor Kurz stated a lengthy discussion had been held on this ordinance in the afternoon work session and the Council had asked the staff to do some additional work on the ordinance. Kurz stated the ordinance was too restrictive for what the town was trying to achieve. Councilmember Kevin Foley made a motion to table Ordinance #16, Series of 2001. Councilmember Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The fourth i#em on the agenda was the second reading of Ordinance No. 14, Series Of • 2001, An Ordinance Providing for the Establishment of Special Development District No. 36, Vail Plaza Hotel West, And Adopting an Approved Development Plan for Special Development District No. 3& in Accordance with Chapter 12T9A, Vail Tawn Code. Brent Wilson, town planner, presented the ordinance to the Council. Wilson stated the ordinance was approved on first reading two weeks ago. Wilson stated the changes included square footage numbers in employee housing units and easement agreements submitted prior to building permit requests. Also included was a draft of the developer improvement agreement for review. Project manager Tim Losa, of Zehren and Associates, reviewed key issues for the benefit of absent council members at the June 19t" meeting. Waldir Prado, owner of the Vail Plaza Hotel West, addressed the Council, outlining additional work that had been done to meet Council's requests. Jim Lamont, Vail Village Homeowners' Association, spoke regarding the interconnection between the Vail Village Inn and the Vail Plaza Hotel, both being owned by Prado. Brent Wilson stated a Development Improvement Agreement (DIA) was being drafted and he would be meeting with the adjacent property owners over the next two weeks. Wilson stated the DIA was a standalone document and would not affect the passage of this ordinance on second reading. Wilson was commended by Jim Lamont for his thoroughness in understanding this complex issue. Richard Kent, President of Scorpio and Alpenhorn Condominiums, addressed the Council voicing concern regarding the overall bulk and mass being too much. Gwen Scalpello, Nine Vail Road Condominium president, echoed the Council's compliments to town planning staff, Waldir Prado and Connie Dorsey. Scalpello did have concerns over the extent of excavation and the Spraddle Creek containment, as well as the bulk and mass. Councilmember Chuck Ogilby made a motion to approve Ordinance #14, Series of 2081, on second reading. Councilmember Rod Slifer seconded the motion. Councilmember Diana Donovan stated she appreciated having her concerns responded to. Comments from the Council included concern over the bulk and mass, put the general consensus was that there were more positives than negatives associated with the project. Councilmember Kevin Foley stated he would be voting against the project because of the size of the building. Councilmember Donovan voiced concern over creating a Special Development District and traffic concerns. A vote was taken on the motion and the motion passed 4-2, Councilmembers Donovan and Foley opposing. The fifth item on the agenda was the Town Manager's Report. Town Manager McLaurin invited council to attend a neighborhood barbeque hosted by the town's Public Works Department at noon on Thursday, July 12t", at Bighorn Park. Councilmember Donovan questioned how the town was going to fund the Donovan Park Pavilion and "the Ruins." Town Manager McLaurin explained the town had fled a lawsuit against the owner of the "Ruins" and when the determination of the property value was received, the Council would need to decide whether to pay cash or cut a capita! project. McLaurin estimated a cast of $2 to $2.5 million to purchase "the Ruins." Councilmember Ogilby questioned whether it could be paid ofF and if the proposed Mountain Bell for-sale housing could be used for this purchase. McLaurin explained that staff would be researching the possibility of a pay-off from Mountain Bell. Councilmember Donovan asked McLaurin to prepare a list of a!I capital projects with alternatives and casts. As there was no further business, Councilmember Kevin Foley made a motion to adjourn the meeting. Councilmember Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously and the meeting was adjourned at 9:00 P.M. Respectfully submitted, ~ey`L),~a~4y ~rv ..~~~1~. .o r N ~: SEAL ~' ~ ~ s i. , C Q C 0 R P ~ ®~ ~~~ ~ ATTEST: • Lor ei onaldson, C Town Clerk Minutes taken by Mary A., Caster • /`.`P Ludwig Kurz, Mayor VAIL TOWN COUNCIL Evening Meeting -Minutes TUI=SDAY, July 17, 2001 7:00 P.M. PRESENT: Sybill Navas, Mayor Pro-tem Greg Moffet Rod Slifer Diana Donovan Chuck Ogilby Kevin Foley MEMBERS ABSENT: Ludwig Kurz, Mayor STAFF MEMBERS PRESENT: Sob McLaurin, Town Manager Allen Christensen, Acting Town Attorney Lorelei Donaldson, Town Clerk The first item on the agenda was citizen participation. There was no citizen participation. Mayor Pro-Tem Sybill Navas thanked Chief Morrison #or his leadership, efforts and time as the Town of Vail Police Chief during the past six years. Also, on behalf of the Council, she wished him well in his new endeavor as the Grand Junction Chief of Police. (Greg Morrison was no# in attendance at this time.} The second item on the agenda was the consent agenda. a. Approval of the June 5, 2001 and June 19, 2001 evening minutes. Council member Greg Moffet made a motion to approve the meeting minutes of June 5 and June 19, 2001 and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The third item on the agenda was an update of the Meadow Drive Streetscape. Todd Oppenheimer, Town of Vail Landscape Architect, said, at the April 17, 2001 council meeting staff presented 2 conceptual design alternatives for the Meadow Drive Streetscape project, the 2016 Solution and the Promenade Solution. Council favored the Promenade Solution and requested further study of possible configurations. The results of that study are to be presented to council. In addition, staff wishes to present alternatives for the Vail RoadlMeadow Drive intersection, and provide the council with information regarding encroachments into the right-of-way, impacts to Mayor's Park, utilities, and construction schedule. Joe Kracum, representing the project team, stated that the team held neighborhood open houses and met with most of the people in the neighborhood. The team received several comments at these meetings. He said there are drainage issues and concerns about the . proximity of the road to residences and businesses in the area and concerns about green space ~. Vail Town Council Meeting Minutes July 17, 2001 and the loss of trees. Most of these issues can be resolved by realigning the road and the sidewalks. Joe said the majority liked the 2016 solution. There were numerous comments that the 2016 solution was the best solution, however some of the neighbors liked the promenade solution. Mayor Pro-tem Sybill Navas asked far public input. Steve Connolly, representing the Vail Chamber & Business Association (VCBA}, stated the business community fully endorses #his project and hopes they proceed soon. Jim Lamont, representing the Vail Village Homeowner's Association asked Todd when this process was started. Todd Oppenheimer stated it started in January. Jim Lamont stated this is one of the only projects he has worked on that has had so much positive support. He said the team did an effective jab working with the adjacent property owners. He said if council has to make choices, he wants this project at the top of the list because of the positive energy put in this project by all parties involved. Jim said the Vail Village needs this project and is a direct link #o Lionshead. He stated the council should move forward with the project and set aside funding for this project. A resident of 9 Vail Road stated he had a concern with the proximity of the road to the promenade to the 9 Vail Road building. • Paul Schultz, President of Skaal Haus, and the homeowner's met and liked the 2016 Solution to this project. He stated the Skaal Haus homeowner's endorsed and approved this project Joan Norris, Vice President of Skaal Haus, stated the council has done a wonderful thing and has brought a neighborhood together. She applauds the team and said the public relations were tremendous. Mayor Pro Tem Sybill Navas clarified the council was being asked to validate the design on the table and to move forward. Joe Kracum stated this was correct and they wanted to move forward on the next logical step to work on the design phase. Council member Greg Moffet asked if this was budgeted for this year. Bob McLaurin, Town Manager, stated it was included in this year's budget. Council member Kevin Foley asked about the Talisman access. Todd Oppenheimer stated the Talisman has a 35-foot easement. The Sonnenalp and the Talisman are coming through the redevelopment process. The access would be worked out in conjunction with the redevelopment process. If agreeable with Council, this part of the streetscape process would be worked out during the redevelopment process of these two . projects. 2 Vail Town Council Meeting Minutes Jufy 17, 2001 Council member Kevin Foley stated that made sense. Todd Oppenheimer stated the timing of the projects should work out with the streetscape project. Council member Chuck Ogilby stated that the water feature looked great to him. Council member Diane Donovan asked about the cost to the hospital and if the town is paying far this entire project. Joe Kracum stated this had not been discussed yet. Counci[ member Diane Donavan said one concern is the entry into Meadow Drive. The configuration of the entry needs to be reviewed. The crossings across Vail Road need to be reviewed and reconfigured to align with the path. She also stated that Mayor's Park needed to stay intact as much as possible. She liked the project but reiterated there needs to be other partners from the neighborhood to fund this project. Joe Kracum stated that during the design process they would be in front of council several times to go through each portion of the project. Council member Rod Slifer said he supports the 2016 solution. He is concerned about the • `roundabout' in front of the fire station. Counci! member Greg Moffet said his only concern is coordinating effectively with other redevelopment projects with this project. Mayor Pro Tem Sybil Navas complimented the group on their efforts. She said she concurred with Diane's comments to stay out of Mayor's Park. She also stated a concern is working with the Vail Plaza Hote! and how this project ties in without delaying the town's project. Joe Kracum said it would be a matter of lining up their project with the redevelopment of the other projects. Mayor Pro Tem Sybill Navas asked when construction would begin. Joe Kracum s#ated it could probably stark in early Spring of 2002. Bob McLaurin asked if there was any sewer work that needed to be done. Joe Kracum said he didn't know yet. Council member Kevin Foley added the hotel redevelopment needed snowmelt for shaded areas in the winter and the need to keep pedestrian walkways clear. Todd Oppenheimer said the current budget doesn't include snowmelt but they will coordinate with adjacent property owners. • 3 Vail Town Council Meeting Minutes July 17, 2001 Council member Greg Moffet made a motion to direct staff to move forward with design 2016 as presented and move through the approval process. Council member Kevin Foley seconded the motion. Council member Diane Donovan stated and clarified the projects needed to comply with this plan not the other way around. A vote was taken and the motion passed unanimously, 6-0. The fourth item on the agenda was a presentation of the costs for the Red Sandstone Athletic Field. Gregg Barrie, Project Landscape Architect for the town, stated this presentation included the final design and budget for the Red Sandstone Elementary School Athlefic Field project. He stated the budget increased from $250,000 to $350,000. He reviewed the various design concepts and explained the basic idea was to provide the kids with turf area for activities. The smaller area located closes to the school will allow easier access from the school for short recess periods. The large turf area would allow for activities such as kick ball, soccer, and t-ball. Also, the Vail Recreation District (VRD) could use this field as a practice facility for younger kids. There is almost an acre of turf (.9 acres) for the school to use. . Gregg said there is an aggressive revegetation process along with this project. He said there would be 10,000 plants planted on site to establish the natural area within 5 years. Aspen trees will be planted to have a visual barrier between the school and SunVail Condominiums. The fence proposed is 6-foot high chain link fence to stop balls and kids from going down the slope. There are other materials for fencing that may be used that could help which would be 8-10 feet high but it also costs more. The material is a lighter weight wire (Invisible coil fence) that is stronger than the netting fences, and more aesthetically pleasing than chain link. Gregg explained that during the preliminary analysis, it was found that the slopes to the north of the field contained several seeps and springs. Part of the increase in cast is for engineering techniques that were not included in the original plan. The engineering report stated the water is not an issue and the upper hill is not an issue but the fill on the lower side will need to be terraced in and compacted. This area is where the major cost would be. The proposed budget would need to be increased to $350,000. Greg stated he is confident that entire project would come in on that budget. Gregg stated the Inter-Governmental Agreement (IGA) between the Town of Vail (town), the Eagle County School District (school district) and the Vail Recreation District stated the cost of the construction for the field will be split between the town and the school district, 50150. Originally, the Town was going to pay for all the casts upfront and the school district would reimburse the town one-half of the cost at the completion of the project. However, the school district has the money to pay the $175,000 now. Council member Greg Moffet asked when was the start date of construction. • ~ Vail Town Gouncil Meeting Minutes July 17, 2001 Gregg Barrie said the work could start next Monday, July 23, 200. He said the majority of the work would be done before school starts on August 27, 2001. The contractor will put in turF that is resilient for kids to be on. Council member Diane Donovan said the color of the fences that were brown or a dark color would not be a good color to use. She said the fence needs to blend in during the snow season too. Gregg Barrie explained that the aspens and the service berry bushes that would be planted should hide it some of the fencing. Mayor Pro-tem Sybill Navas asked if the school district would be responsible far the maintenance of the grounds at all times. Gregg said the VRD would provide for the maintenance of the fields if the VRD could use it as a practice field. This would allow studen#s to use the field for soccer practice without going anywhere after school. The IGA sets forth the use requirements. The school would have first priority of use and it will be closed to the public during school hours. The town would have second priority and VRD would have 3"~ priority. He said the concerns about maintenance issues such as trash and maintaining fencing could also be added to the IGA and VRD would maintain them. He said the restrooms are also a concern. Typically, the restrooms in schools are not available to the public. When the town or VRD uses the fields, the restrooms at the school would be available during those times. He said that adding a restroom at the fields would cost an additional $60,000-$70,000. Bob McLaurin, Town Manager, said if there is a problem with the VRD doing the maintenance, the school district would step in and do it. Council member Greg Moffet said the VRD is desperate to have additional fields and they are willing to do the maintenance if they get to use the field. Council member Rod Slifer said the VRD would have the option to open up the school's restrooms. Council member Diane Donovan reiterated that this needs to be in the contract. Allen Christensen, Acting Town Attorney, stated none of the areas of concern are insurmountable. He stated staff wanted direction from Council on how to proceed. Council member Diane Donovan stated she would like to see the changes discussed added to the IGA before signing it. Council member Greg Moffet made a motion to execute the IGA now and add the amendments to the IGA at the next town council meeting, as well as approving the increase of the budget to $350,000 and approving the start of the construction on July 23, 2001. A clarification of the amendment to the IGA would be held at the next regular town council evening meeting on August 7, 2001. 5 Vail Town Council Meeting Minutes July 17, 2001 i Council member Kevin Faiey seconded the motion. Further discussion ensued. Council member Kevin Foley thanked Harry Gray for initiating the item and Karen Strakbein for representing the school district in this project. A vote was taken and the motion passed unanimously, 6-0. The fifth item on the agenda was the Town Manager's Report. Bob McLaurin, Town Manager, stated one item to discuss was an update of the capital projects list. Steve Thompson, Finance Director handed out a memorandum for their review and discussion at the next town council meeting in August. Steve Thompson stated that each year the town upda#es the capital projects list and there is a 5-year list per the Town Charter. He said this list is the beginning, and on pages 13 & 14 were the adjustments to the 2001 capital projects numbers. He stated those were the most relevant changes and staff would be going before the town council for a supplemental adjustment and moving money to various projects. This memorandum brings the town council up to date with capital projects. Steve also stated that from 2003 out they have added capital projects for the year 2006. Staff' has looked at various projects and had made additions to the list. Bob McLaurin, reiterated this is the beginning of the capital projects list. He said that the elected officials place every project that gets funded on this list. This memorandum allows the town council time to review the list prior to the August meeting Council member Diane Donovan asked if the critical strategies list could be separated out of this list. S#eve Thompson stated the problem with separating it out is projects like Vail Center because the town doesn't have costs on these types of projects. Bob McLaurin said he would try to come up with a list of specific projects as an exhibit to the capital projects list. Further discussion ensued about various aspects of the capital projects list. Steve Thompson said the capital projects list would be presented to council on August 14. He said there are other factors such as Donovan Park leasing and the town needs to keep options open. Council member Greg Moffet said there were additional upcoming items and a variety of unaddressed items in the critical strategies list that need to be addressed. Council member Diane Donovan asked where PE1=P gets their funds. Vaii Town Council Meeting Minutes Juiy 17, 2001 Russ Forrest, Community Development Director said PEEP gets their funding from the county. the Tawn of Vail {$8,000} and other contributions. Mayor Pro Tem Sybill Navas asked that the Vail Center be taken off the list and look at it separately. Further discussion ensued. Additional time on the August 7 and August 21 evening meetings will be needed to discuss these in further detail. Chief of Police Greg Morrison entered the council chambers. Mayor Pro-tem Sybill Navas again offered thanks to Greg Morrison for his many years of service and wished him well in his new endeavors. She said his leadership and the police department's recent efforts with the July 4th celebration were successful. She also stated that the town council and community would miss him. Council member Greg Moffet stated Greg had been a great asset to the community. As there was no further business, a motion was made by Council member Greg Moffet to adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The meeting was adjourned at 8:05 p.m. Respectf mitted, ~~~~ • iiJi .-Irfavas `~ ." ,~ '~M~yor Pro-tem E Lorelei D naldson, Town Clerk ,_ Minutes taken by Lorelei Donaldson ~`~vtsn~FS:~~r3;;i,f . , ~`'~ ~~~ ~ r'~` f~~~~ , 7 Vail Town Council Meeting Minutes July 97, 2009 Vail Town Cour~ci! . August 21, 2dd1 Work Session Minutes --Appeal of a Design Revises Board Decision to Deny a Proposed Raafing Material at 2567 Arasa Drive The Council voted 4-2 (Ogilby, Kurz against) to overturn an earlier decision by the Design Review Board which denied a request to approve astone-coated steel roofing material for a residence under construction at 2567 Arosa Drive. The Design Review Board had voted against the material, noting aesthetics concerns. However, in his appeal, applicant Dennis Scalise presented letters of support from adjacent property owners and directed Council's attention to Vail's design guidelines that allow the use of metal roofs. Prior to the vote, Councilman Chuck Ogilby suggested tabling the item to allow time for consideration of an ordinance at CounciPs Sept. 18 meeting which would establish parameters in the use of synthetic building materials. Vail's review boards are currently evaluating the merits of alternate building materials and how such materials should be incorporated appropriately within the development review process. Cauncilmember Sybill Navas made a motion to overturn the DRB's denial, with a second from Kevin Foley. The motion passed 4-2, with Councilmember Ogilby and Mayor Kurz opposed. • ~J ~~ S VAIL TOWN COUNCIL REGULAR MEETING -MINUTES TUESDAY, AUGUST 7, 2001 7:00 P.M. PRESENT: ABSENT: STAFF MEMBERS PRESENT Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Kevin Foley Greg Moffet Rod Slifer Diana Donovan Chuck Ogilby Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Allen Christensen, Acting Town Attorney The first item on the agenda was Citizen Participation. Brian Wagner, a Vail resident whose car had been vandalized in the Vail parking • structure, stated he had been encouraged by the Vail Police Department to came to Council to address the use of video surveillance cameras in the parking structure at a cost of $140,000. Mayor Kurz stated he would refer the request to staff for consideration. The second item on the agenda was the consent agenda. The first item was the approval of July 10 and 17, 2001 minutes. Councilmember Greg Moffet made a motion to approve the minutes with the two corrections and additions made during the work session. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The second item under the consent agenda was the second reading of Ordinance #15, Series of 2001, Vail Village Inn SDD Amendment. Councilmember Moffet made a motion to approve Ordinance #15, Series of 2001, on second reading. Councilmember Slifer seconded the motion. Councilmember Diana Donovan stated she would be voting against this ordinance, as it was reducing the number of beds in Vail. A vote was taken and the motion passed 5-1, Donovan opposing. The third item on the agenda was an Ordinance #18, Series of 2001, an ordinance relating to animal control as it relates to protecting the goats being used for weed control. Councilmember Greg Moffet made a motion to table Ordinance #18, as the issue was currently covered in the town's ordinances. Councilmember Kevin Foley seconded the motion. It was noted that residents must take control of their pets and keep their dogs on leashes. A vote was taken on the motion, and the motion passed ., unanimously, 6-0. The fourth item on the agenda was the first reading of Ordinance No.17, Series of 2001, an ordinance amending the Vail Town Cade, title 12, chapters 2, 6, 14 & 16, section 12-2-2 definitions, section 12-14-12 home occupations, section 12-16-7 conditional use specific criteria and standards, section 12-6a-3, section 12-6b-3, section 12-6c-3, section 12-6d-3, section 12-6e-3, section 12-6f-3, section 12-6g-3, section 12- 6h-3, section 12-7d-2, section 12-7e-4, section 12-7f 4, section 12-7i-5, section 12-9c-3 and section 12-8d-3 of the Town of Vail Zoning Regulations to allow for home child day care facilities to be operated as home occupations, subject to the issuance of a conditional use permit, in eight residential zone districts and to allow child day care centers to be operated in four commercial and business zone districts, one special and miscellaneous zone district and one open space and recreation zone district, subject to the issuance of a conditional use permit. George Ruther, head of planning, presented the ordinance to the Council. Councilmember Greg Moffet made a motion to adopt the ordinance on first reading. Councilmember Sybill Navas seconded the motion. Councilmember Moffet asked Ruther asked Council to review the high points to allow for home day care centers operated in the town of Vail. Ruther stated the Planning and Environmental Commission had recommended for allowance for home day care, requiring a • conditions! use permit in 13 of the 24 zone districts in Vail. Ruther stated the ordinance povided definitions for home day care. Ruther stated the regulations were in keeping with the State of Colorado regulations and would be licensed by the state through Eagle County. Councilmember Donovan stated that home care of 2 or less children did not require a permit. Ruther stated annual renewal was required by State, as well as drop in (unscheduled} visits would be conducted by the sta#e. Councilmember Moffet expressed support of the ordinance, noting that it was fun to vote for something that does not cost the town anything and made it easier to live in Vail. Councilmember Sybill Navas expressed appreciation at the speed in which this ordinance came through. A vote was taken and the mo#ion passed unanimously, 6-0. Ruther asked Council if they would like to bring this ordinance back under the Consent Agenda on second reading. The Council answered in the affirmative. The fifth item on the agenda was Resolution #3, Series of 2001, Reimbursement Resolution. Steve Thompson, Finance Director, presented the resolution to the Council stating the $3.5 million gives Council the option to finance the Donovan Park Pavilion with tax exempt debt . Thompson stated the resolution would give the Council up to 18 months to determine a financing plan for the facility, which also covers expenses incurred 60 days prior to the resolution's approval. Councilmember Diana Donovan stated she would be voting no on the resolution, feeling that this was one item that could be put on back burner and felt it was bad policy to hock town facilities to build a . less than essential building. Councilmember Moffet moved to approve Resolution #3, Series of 2001. Councilmember Sybill Navas seconded the motion. A vote was taken on the motion and the motion passed 4-2, Councilmembers Kevm Foley and Diana M S Donovan opposing. The sixth item on the agenda was a discussion on Vaii Center Next Steps. Russell Forrest, Community Development Director, opened the discussion, stating that three alternatives were being presented to the Council: 1)allow time during the next month far Vail Resorts to evaluate whether a conference center or any of the other proposed components could be located on land owned by the ski company, given the pending acquisition of the Marriott Hotel; 2) identify job descriptions and a possible candidate for a process manager andlor project manager; and 3) identify adecision- tree flow chart that would begin in mid-November following the Town Council election. During discussion, Councilmembers offered various observations and points of view about the project's evolution, which was articulated on June lgth as having four components: 1) conference and learning facility; 2} learning space above the Library; 3) recreation uses including a second sheet of ice, skatepark, and youth center and 4) a footprint for a large perForming arts theater. Councilmember Foley said he preferred a private effort to build the conference center, which would allow space for the other uses to be built on the town-owned charter bus lot site. Councilmember Donovan suggested leaving the conference center to the private sector, then building an auditorium with a fly and fixed seating on the charter bus lot site with an ice rink below. Councilmember Greg Moffet stated the need to impose deadlines on the council and on others to ensure decisions were made in a timely fashion. Moffet also criticized a willingness to • re-visit past decisions, noting the Council had been weak in giving policy direction to staff. Moffet suggested the need to explore a lodging tax increase to help support the conference center component. Councilmember Rod Slifer stated it was important to wait and see what Vail Resorts had planned for the Marriott site and what contributions they planned to commit to for the Vail Center. Councilmember Navas stated it would be wise to reaffirm the Vail Center's objectives with the community, as those objectives had been developed more than five years ago. The seventh item on the agenda was the Town Manager's Report. Bob McLaurin, Town Manager, Russell Forest, Community Development Director, shared a request by Bill Andres of the Colorado Division of Wildlife, for Council to take a look at requiring bear proof containers in Vail, due to the ongoing problems with the bears. Forrest also invited the Council to attend an August 24th Congressional delegation gathering hosted by the U.S. Forest Service to discuss pine beetle and forest fire issues. Forrest also gave an update on the design process for a rockfall wall to protect the BoothFalls Townhomes, which will require an easement from the town. Councilmember Greg Moffet made a motion to approve the new executive session recording requirements to take effect August 8, 2001. Acting Town Attorney Allen Christensen stated the taped sessions complied with the recently adopted state legislation, stating the legislation stated a 90 day retention period. Christensen also stated the tapes were not available to the public. Assistant Town Manager Pam Brandmeyer stated if the Council wished to have a longer retention period, they should stipulate that now. Councilmember Sybifl seconded the motion. A vote was taken and the motion • :7 ,~ passed unanimously, 6-0. As there was no further business, Councilmember Foley made a motion to adjourn the meeting and Councilmember Moffet seconded the motion. A rote was taken and the motion passed unanimously, 6-0, and the meeting was adjourned at 8:20 P.M. `i~~r ~tt~ ~ I t7 l ~ `iCt l i i lJJ~iQ: ~~i oy f' Y €.~~AL ,. ATTEST: Respectfully submitted, ~~ ~. Ludwig Kurz,~ayor ~felei onaldson, Town Clerk Minutes taken by Mary A. Caster C NAIL TOWN COUNCIL EVENING MEETING TUESDAY, AUGUST 21, 2001 7:00 P. M. TOV COUNCIL CHAMBERS MEMBERS PRESENT: Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Diana Donovan Kevin Foley Greg Moffet Chuck Ogilby ABSENT: STAI=F MEMBERS PRESENT: Rod Slifer Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Allen Christensen, Town Attorney The first item on the agenda was Citizen Participation. Barbara Jean, a Vail summer resident, complimented the town for its installation of new directional signs for pedestrians and motorists. Jean also expressed concerns regarding safety and motorized scooters. Jean distributed a newspaper article describing a national trend toward banning motorized scooters and suggested Vail consider banning them an all sidewalks, plazas and walking streets. As an alternative, Jean also suggested placing signs similar to those used in Beaver Creek which politely ask guests to walk their bikes and scooters in pedestrian areas. Joel Heath, Vail Valley Tourism and Convention Bureau, announced a fourth date has been added to Oktoberfest on September 6th. Heath stated the theme will be "Nail's Reunion" for old and new from 6:00 - 9:00 p.m. at the Gondola in Lionshead. Stephen Connelly, Vail Chamber and Business Association, advised the Council of comments from a Lionshead real estate firm commenting on the colorful flowerbeds and the cooperative effort on the tree removal project and teamwork from Public Works and the Lionshead community. Connelly stated lighting issues still needed to be addressed. Mayor Kurz directed staff to look into this. The second item an the agenda was the Consent Agenda, relating to the second reading of Ordinance No.17, Series of 2001, an ordinance amending numerous Town . of Vail Zoning Regulations to allow for home child day care facilities to be operated as home occupations, subject to the issuance of a conditional use permit, in eight residential zone districts and to allow child day care centers to be operated in four S commercial and business zone districts, one special and miscellaneous zone district and one open space and recreation zone district. Councilmember Greg Moffet made a motion to approve ordinance # 17, Series of 2007, on second reading. Councilmember Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The third item on the agenda was the Alpine Garden Presentation and Request. Ry Southard and Helen Fritch of the Vail Alpine Garden Foundation congratulated the town on the flowers around town this year being exceptionally beautiful. Todd Oppenheimer, Landscape ArchitectlCapital Projects Manager, was presented with an award as one of the great gardens of Vail. Todd accepted the award, stating it belonged to the whole flower crew of gardeners. Southard then presented the request from the Vail Alpine Garden Foundation to transfer $100,000 Real Estate Transfer Tax fund budget allocation from the Gore Creek Trail project in Ford Park to the proposed Alpine Plaza -Phase 2. Southard stated the allocation would be used to complete the final phase of the Betty Ford Alpine Gardens, located on the lower bench of Ford Park, including completion of the Alpine Plaza, as well as a Children's Environmental Garden and a Schoolhouse Accessible Garden. Mayor Kurz asked Todd Oppenheimer what the repercussions would be in delaying of the trail. Oppenheimer stated the main concern was access to the picnic area, although it was not a priority. Oppenheimer stated wetland issues between the picnic area and Manor Vail Bridge were a concern. . Pam Brandmeyer, Assistant Town Manager, encouraged the Council to be clear as to what the funds would be used for. Councilmember Sybill Navas made a motion to reallocate funds for Gore Creek Trail to the expansion project. Councilmember Kevin Foley seconded the motion. There was no public input. A vote was taken and the motion passed unanimously, 6~0. The fourth item on the agenda was a presentation by Chris Cares from RRC regarding Special Events Tracking. Cares presented preliminary findings of a Vail summer events intercept survey sponsored by the Vail Valley Tourism and Convention Bureau (VVTCB). Highlights included the average age ranged from 33 years to 49 years, some events attracted stronger out-of state visitor segments while other events are attended more by local visitors, and overnight visitors range from 22 percent of attendees to as high as 66 percent. Cares stated the report will be completed once information from another three events were incorporated into the study. Councilmembers were pleased with the initial reports and looked forward to seeing the completed report. The fifth item on the agenda was an update from Vail Local Housing Authority (VLHA) on the Mountain Bell process/project. Mark Ristow, Vail Local Housing Authority, outlined the various steps that have taken place as the Authority has been working to finalize a development agreement for the Mountain Bell site. Ristow requested the Council ratify the VLHA's ongoing role of land lease and deed restrictions for a portion of Mountain Bell site. A second request was made to approve $250,000 for a supplemental appropriation to be used far legal, marketing, engineering and surveying wor#c. Councilmember Diana Donavan stated she would be voting against the request as she felt she was being "railroaded" by the Mountain Bell project, saying she was philosophically opposed to using town-owned land to build seasonal housing. Jim Mulligan, attorney working with the housing authority, gave a brief update on development agreement. Councilmember Greg Moffet thanked the group for their time in reaching these objectives. Jim Lamont, Vail Village Homeowners Association, reviewed his board of directors' concerns of the town entering into an agreement with the Housing Authority. Kaye Ferry, Vail Chamber and Business Association, stated she felt the Mountain Be11 site had the least impact on other neighborhoods and the business community supported the project. Councilmember Greg Moffet moved to commend the housing authority to continue to work on this project and negotiate a relationship on the Mountain Bell site. Councilmember Sybil! Navas seconded the motion, stating she had voted against the project eight years ago when beginning her first term on the Council and had since recognized the tremendous need for affordable housing in Vail. The Council applauded the haste in which the housing authority had taken on this project. A vote was taken and the motion passed unanimously. Councilmember Greg Moffet made a second motion to include $250,000 in the next supplemental appropriation for expenses at the Mountain Bell site, commencing with contracts for work on that site. Councilmember Sybill Navas seconded the motion. After further discussion a vote was taken and the motion passed 5-1, Councilmember Diana Donovan opposing. Council requested Nina Timm, Housing Authority Executive • Director, schedule an executive session at the next Tuesday meeting. The sixth item on the agenda was the first reading of Ordinance #19, Series of 2001, an ordinance amending the town code, Title 12, Chapter 6, Article 1, Housing District. Allison Ochs, town planner, presented the ordinance to the Council, stating the amendment was prepared at the advice of a land use attorney who was hired by the town to review the legislation in anticipation of a passible court challenge. Ochs stated the recommended amendments allowed greater flexibility to the zone district by adding anon-deed res#ricted employee housing unit (EHU} component as a conditional use. Mayor Kurz stated the Council went over changes being requested at the afternoon work session. Ochs stated the Planning and Environmental Commission had recommended approval of the amendment. Councilmember Diana Donavan expressed interest in modifying the definition to increase the 30-day requirement, as well as the 30 hours per week year-round average. Mayor Pro-Tem Sybill Navas stated she was not opposed to 90-day provision. Kaye Ferry, Vail Chamber and Business Association, stated she remained confused as to why this amendment included Eagle County, and was not limited to Vail employees. Councilmember Greg Moffet made a motion approve Ordinance #19, Series of 2001, an first reading. Councilmember Chuck Ogilby seconded the motion. Jim Lamont, Vail Village Homeowners Association, urged the Council to embark on a master planning process for properties that would be zoned under the new housing distinct, stating the zone district's provision for commercial uses threatened to change the character of existing neighborhoods. Councilmember Sybill Navas stated she was not in favor of the • ordinance the first time because of the ability to dofree-market dwelling units without limitations on height and site coverage and would be voting against it for that same reason. A vote was taken and the motion passed 4-2, Councilmembers Sybill Navas and Diana Donavan opposed. The seventh item on the agenda was the first reading of Ordinance #21, Series of 2001, an ordinance relating to the Vail Village Inn Special Development District. George Ruther, Head of Planning for the town, presented the ordinance to the Council. stating the original ordinance was submitted and approved by the Council in May of this year, but was resubmitted by the applicant due to a legal challenge. The project included 99 accommodation units, 50 fractional fee club units; 18 employee housing units and 1 dwelling unit, plus conference and spa space. Jay Peterson, attorney representing the applicant, addressed the Council, as well as Charles Lipcon, the plaintiff in a lawsuit and owner of Unit 5 in the adjacent Gateway Plaza Building, who urged the Council to vote against the resubmittal. Jim Lamont, Vail Village Homeowners Association, expressed his board's displeasure of the Council for their failure to deliver hotel rooms for the community. After further discussion, Councilmember Greg Moffet made a motion to approve Ordinance #21 on first reading, with the changes discussed earlier being included on second reading. Councilmerber Chuck Ogilby seconded the motion. Councilmember Greg Moffet requested George Ruther read into the record a finding to be included in second reading. Moffet amended his motion to include the finding. Councilmember Ogilby amended his second. Councilmember Diana Donovan stated she would be voting against this motion as she had the first time it was presented, as it included the same language regarding the special development district zoning and that she was opposed to the proposed mass and bulk. Councilmember Kevin Foley stated he too would be voting against the ordinance for the same reasons. A vote was taken on the motion and the motion passed 4-2, Councilmembers Donovan and Foley opposing. The eighth item on the agenda was the first reading of Ordinance #22, Series of 2001, an ordinance regarding the Charter Amendment Petition. Mayor Kurz stated the Council had received the ordinance late that afternoon. Councilmember Greg Moffet stated he felt compelled to approve the ordinance, as the validity of the petition was approved. Council referred to acting town attorney, Allen Christensen, inquiring as to what options the Council had if the ordinance was not approved. Christensen replied it was up to the petitioners and a special election would need to be held. Councilmember Greg Moffet expressed concern with the reading of the title and ballot question, and fihen made a motion to approve Ordinance #22, Series of 2001 on first reading, with amendments made to the language prior to second reading. Councilmember Kevin Foley seconded the motion. A vote was taken on the motion and the motion passed unanimously, 6-0. The ninth item on the agenda was the first reading of Ordinance #23, Series of 2001, • an ordinance approving an easement to construct a rockfall mitigation wall for the Booth Falls Townhomes on a portion of Town of Vail property. Russell Forrest, Director of Community Development, stated the town was requesting a granting an easement an a portion of Town of Vail property to allow for the construction of a rockfall mitigation wall for the Booth Falls Townhomes. Forrest stated that since construction, the Townhomes had been damaged twice by falling rocks, once in 1983 and the other in 1995 and that once the rockfall wall was in place, the town's hazard maps would be adjusted to reflect the additional protection. A question was raised as to why the town was liable to clean out the rockfall. It was determined that the town had the heavy equipment available for this purpose and the town currently did this work in the existing berm. Councilmember Greg Moffet made a motion to approve the granting of an easement. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The tenth item on the agenda on the Town Manager's Report. Councilmember Kevin Foley asked for clarification regarding council's evaluation of the Vail Today proposal submitted by Rick Scalpello. Foley stated he wanted to make sure the proposal received a timely and equitable review as part of the budget process. Councilmember Greg Moffet inquired as to when the I-70 highway noise issues were scheduled for discussion. It was determined this was on the September 4th worksession agenda. Moffet also expressed disappointment the Ellefson Park dedication had not been scheduled prior to the start of school, so that more children would be able to attend. As there was no further business, Councilmember Greg Moffet made a motion to adjourn • and Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously and the meeting was adjourned at 9:20 P.M. Respectfully submitted, ~;~~ ~ ~. ATTEST: '~~;, r~,.-~,c:;~;~~,.,. or ei Donaldson, Town Clerk Minutes taken by Mary A. Caster G~ Ludwig Kurz, Il~.a +~or • Work Session Minutes August 28, 2001 --Construction Project Awards fior Nature Center Bridge Repiacement, Westhaven Paving Project A motion by Rod Slifer with a second from Greg Moffet, was voted 6-0 (Navas absent) to award a construction contract for $273,940 to Site Resource Management for the replacement of the Nature Center pedestrian bridge at Fard Park. The new bridge will be made of timber and will look similar to the current bridge, which has become structurally deficient. In reviewing a second project, the Council tabled a decision on a bid award for reconstruction of Westhaven Drive from the South Frontage Road to the bridge over Gore Creek to allow for additional coordination with a neighboring project at the Cascade Club and Spa. The discussion will be scheduled for September 4, 2001. • >_ VAIL TOWN COUNCIL REVISE D EVENING MEETING TUESDAY, SEPTEMBER 4, 2001 7:00 P.M. -TOV COUNCIL CHAMBERS The regular scheduled evening meeting of the Vail Town Council was convened at approximately 7:00 p.m. on Tuesday, September 4, 2001. Members present: Staff members present: Mayor Ludwig Kurz Sybill Navas, Mayor Pro-Tem Diana Donovan Kevin Foley Greg Moffet Rod Slifer Chuck Ogilby Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Allen Christensen, Acting Town Attorney The first item on the agenda was Citizen Participation. Michael Cacioppo appeared • before the Council with a request to allow softball players to park on the "safe" side of the Frontage Road, calling it unfair for skiers to be allowed to park on both sides of the road when the parking structures fill. Town Manager Bob McLaurin stated the request would be considered as part of a review being conducted by the Vail Parking Task Farce. The second item on the agenda was the Consent Agenda: The first item under the Consent Agenda was Proclamation #3, Series of 2001, a Proclamation Designating September 9 - 15 as "TRY TRANSIT WEEK". Councilmember Kevin Foley read the proclamation into the record and then made a motion to approve the proclamation. Councilmember Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The next item under the Consent Agenda was Ordinance #19, Series of 2001, second reading, an ordinance amending the Housing Zone Dis#rict ordinance. The amendment was prepared at the advice of a land use attorney who had been hired by the town to review legislation in anticipation of a possible court challenge. The recommended amendments would allow greater flexibility to the zone district by adding anon-deed restricted employee housing unit component as a conditional use. The amendment also would modify the definition of an employee housing unit by clarifying the current definition and removing redundant regulations. Councilmember Greg Moffet made a motion to approve Ordinance #19 on second reading. Councilmember Rod Slifer seconded the motion. Mayor Pro-Tem Sybill Navas stated she would be voting in apposition because of a provision that allowed up to 30 percent of the development to include free market units with no restraints on height, mass or density. Councilmember Diana Donovan stated she would be voting in opposition due to her objections with the definition of employee housing unit. Jim Lamont, Vail Village Homeowners Association, addressed the Council, urging the Council to allow an undefined number of free market units within the ordinance. Kaye Ferry, Vail Chamber and Business Association, expressed her objection to the definition of employee housing units, stating occupancy should be restricted to those who work in Vail rather than Eagle County. A vote was taken on the motion and the motion passed 5-2, Councilmember Diana Donovan and Mayor Pro-Tem Sybill Navas opposing. The next item on the Consent Agenda was the second reading of Ordinance #23, Series of 2001, an ordinance approving the Booth Falls Townhomes Rockfall Easement. Councilmember Greg Moffet made a motion to approve Ordinance #23, Series of 2001, on second reading. Mayor Pro-Tem Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was the Vail Center Update. Russell Forrest, Director of Community Development, addressed the Council stating he was coming back tonight as directed by Council on August 7~" to review progress to date and take a look at the schedule for moving forward. • Mayor Kurz stated he had received a call from Porter Wharton from Vail Resorts,lnc., apologizing for not being at the meeting. Wharton requested mare time, as they were working very diligently on the project, but were not able to complete it at this time, because of the complexity of it. It was agreed to allow Vail Resorts, Inc. additional time if they would agree to put a time limit in writing to return to the Council with a decision. Councilmember Diana Donovan stated her frustration in the fact that she felt the town would be in the ground by now if we had not waited for a decision by VRI. Donovan stated she felt the Council should decide what was best far the community and move forward -with or without VRI's help. Councilmember Greg Moffet stated he felt the town could build the recreational elements of the project by ourselves, but would need an invested partner to help build a conference center. Councilmember Rod Slifer stated he felt the Council did need to wait to hear from Vail Resorts and this might be an issue the new Council will need to talk about. Councilmember Chuck Ogilby stated he was under the assumption the Council was going to hear from VRI at this evening's meeting on Plan C. Moffet stated he thought VRI was an important part of the project, and felt they will participate strongly. Moffet suggested the Council pick a date within a month's time to ask VRI to respond to the Council. Moffet stated he felt it important to have an Alternative C in place before the election. Mayor Pro-Tem Sybill Navas felt it made fttle sense to wait until after election to make the decision to move forward. Councilmember Kevin Foley seconded Navas' comments. Councilmember Greg Moffet stated development reviews had been discussed regarding the Vail Mountain School expansion, which would benefit both the town and the Vail Mountain School. • Along with getting a date from VRI far a response, staff was encouraged to to contact conference operators to discuss possible partnerships. The fourth item on the agenda was Ordinance #20, Series of 2001, a Supplemental appropriation and budget adjustment for 2001 totaling a spending reduction of $2.2 million. Steve Thompson, Finance Director, presented the ordinance to the Council, stating the reduction was coming from three funds, with a net decrease of $2.2million. Those funds including Capital Projects reduction of $709,371, Real Estate Transfer Tax (RETT) Fund reduction of $3.2 million and increasing the Genera! Fund by $1.7 million. Thompson stated that most of the Capital Project reductions were not permanent reductions, but actua}ly moving to another year or another fund, including $3.4 million for the Donovan Park pavilion project. Councilmember Greg Moffet made a motion to approve Ordinance #20, Series of 2001, on first reading, Mayor Pro-Tem Sybill Navas seconded the motion. Jim Lamont, Vail Village Homeowners Association, addressed the Council, stating he felt the pavilion issue should be put on the November ballot for a public election to determine if the community was in favor of it being built. Councilmember Kevin Foley stated he would be voting against the ordinance, objecting to the $90,000 that was spent on the July 4'" safety campaign. Foley also expressed opposition to the Donovan Park pavilion, noting management and competition concerns, as well as the lack of affordable housing tied to the project, and the possibility of the pavilion competing with businesses in Vail. Councilmember Rod Slifer stated for the record vote noted his opposition to the design and cost of the pavilion. . Councilmember Diana Donovan agreed with Kevin 1=oley's comments, but stated she would be voting in favor of the ordinance A vote was taken on the motion and the motion passed 6-1, Foley opposed. The fifth item on the agenda was Ordinance #24, Series of 2001, Gateway SDD. Allison Ochs, town planner, presented Ordinance No. 24, Series of 2001: An ordinance repealing and reenacting Ordinance No. 9, Series of 1988 and Ordinance No. 17, Series of 1196, providing for the major amendment of Special Development District No. 21, Vail Gateway, to allow for the change in underlying zoning from Commercial Core I to Commercial Service Center, amending the approved development plan for Special Development District No. 21, Vail Gateway; amending Title 12, Chapter 7, Article E, Section 4, to add "private club" as a conditional use in the Commercial Service Center zone district; amending Title 12, Chapter 2, Section 2, to add a definition of "private club". The applicant, Braun and Associates, had requested a major amendment to Special Development District No. 21, to allow for the redevelopment of rezoning of the underlying zoning from Commercial Core I to Commercial Service Center.A major amendment to Special Development District No. 21.A text amendment to the Commercial Service Center zone district to allow for private clubs as a conditional use and a text amendment to Regulations. Mayor Kurz stated for the record a discussion was held at the afternoon's worksession regarding this ordinance. Councilmember Greg Moffet made a motion to approve Ordinance #24, Series of 2001, on first reading. • Councilmember Rod Slifer seconded the motion. Mayor Pro-Tem Sybill Navas stated she would be voting in opposition, as she did not want to see the commercial square footage turned to high-end residential. Councilmember Diana Donovan stated she was struggling with her decision as the Gateway uses were designed to compliment the first redevelopment of the Vail Village Inn which was never completed. Those uses would still compliment the two current redevelopment proposals for the WI and the Holiday Inn. Councilmember Greg Moffet was enthusiastic about the town getting office space and was excited to see the project go forward. A vote was taken an the motion and the motion passed, 5-2, with Navas and Foley apposing. The sixth item an the agenda was Ordinance #26, Series of 2001, an ordinance amending the Housing Zone District ordinance. Nina Timm, Housing Planner, addressed the Council, stating the amendment was prepared at the advice of a land use attorney who was hired by the town to review legislation in anticipation of a possible court challenge. Timm stated the recommended amendments would allow greater flexibility to the zone district by adding anon-deed restricted employee housing unit component as a conditional use. Timm also stated the legislation modified the definition of an employee housing unit by clarifying the current definition and removing redundant regulations. Allen Christensen, Acting Town Attorney, stated that after meetings with housing authority and council, drafted an ordinance to appoint the housing authority to act as its representative. Jim Lamont, Vail Village Homeowners Association, urged the Council to allow an undefined number of free market units within the ordinance. After further discussion, Councilmember Greg Moffet made a motion to approve Ordinance #26, Series of 2001, on first reading. Mayor Pro-Tem Navas . seconded the motion. Councilmember Diana Donovan stated she would be voting no on the motion, as she felt the project was being rushed through and that zoning issues were not being given adequate public attention Donovan felt this lends credence to charter change efforts. Mayor Kurz commended the housing authority for the last 2-3 months making affordable housing a reality. This will serve as a potential for other projects needed in this community. Councilmember Rod Slifer thanked Councilmember Chuck Ogilby far his time spent on the committee, as well as the other members' time. Nina Timm stated there would be an open house from 4:00 - 5:00 P.M. on Wednesday, Sept. 5th, at the West Vail Lodge. A vote was taken on the motion and the motion passed 6-1, Donavan opposed. The seventh item an the agenda was Ordinance. #21, Vail Village lnn SDD, second reading. George Ruther, Town Planner, presented the ordinance to the Council, noting conditions and the expiration date of May 1, 2003. Ruther advised the Council of receiving a copy of letter of Charles Lipcon, objecting to the renewed effort to seek approval of the project. Copies of the letter from Lipcon was circulated to the Council. Councilmember Greg Moffet made a motion to approve Ordinance #21 on second reading. Councilmember Chuck Ogilby seconded the motion. Jim Lamont, Vail Village Homeowners Association, expressed his frustration with the applicant's inability to work out compromises with adjacent property owners and hoping far a better compromise being worked out by the Council. Acting Town Attorney Allen Christensen advised the Council of a recent hearing in District Court in which Judge Richard Hart declined a request by adjacent property owner Charles Lipcon to halt Council's proceedings. A vote was taken on the motion. The motion passed 4-3, with Foley, Navas and Donovan in opposition. The eighth item on the agenda was Ordinance #22, second reading, an ordinance defining the Charter Amendment. Allen Christensen presented the ordinance to the Council, stating that changes were made in the charter question being posed on the ballot. Councilmember Greg Moffet made a motion to approve Ordinance #22, Series of 2001, on second reading. Councilmember Kevin Foley seconded the motion. Jim Lamont, Vail Village Homeowners Association, suggested exploring procedural differences between statutory towns versus home rule towns in regard to the charter referendum. Councilmember Rod Slifer suggested citizens run for the four available seats on the Council in the upcoming election. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was the Town Manager's Report. Town Manager Bob McLaurin requested authorization to proceed with the Westhaven Street reconstruction project increase to $210,000. McLaurin stated a contrac# should be decided in the next 5- 7days between B&B and CWS, depending on the cost of the concrete. Councilmember Rod Slifer made a motion to increase the budget to $210,000. Councilmember Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously. Information Update _ Colorado Ski Museum Gala will be held on Oct. 19'h. It was agreed by Council to sponsor a table for the event. The Building Appeals Board interest has been minimal and it was suggested to widen the applicant base to individuals in the county. It was suggested a list be compiled of focal possibilities before going out-of-town. A request from the Alpine Garden for maintenance assistance was referred to discussion at an upcoming meeting. Greg Moffet, Council representative on the Vail Valley Chamber of Commerce, reported favorable support from the Chamber's membership regarding a merger proposal with the Vail Valley Tourism and convention Bureau. Sybill Navas reported on her discussions with Sen. Wayne Allard regarding attempts to change immigration policies to assist with seasonal employment opportunities. She also reported on her attendance at a meeting on alternative entertainment options for New Year's Eve that would appeal to families. The meeting was also attended by Councilmember Diana Donovan. Councilmember Rod Slifer congratulated those who conducted the duck race over Labor Day Weekend. Councilmember Chuck Ogilby inquired as to the status of parking this fall Town Manager Bob McLaurin stated the staff was in the process of reviewing policies. Kim Langmaid expressed concern for finding a new home for the Gore Range Natural Science School. Langmaid expressed interest in coming to Vail with the school. Suggestions as to where this school could go in Vail included CMC and the tennis courts in Lionshead. Councilmember Chuck 4gilby challenged the Council to do this. Diana Donovan suggested the need for a weekly CEQ report written by Town Manager Bab McL.aurin. McLaurin stated he would provide Diana with as much information as she needed from him and would try to provide info that is pertinent. Councilmember Rod Slifer stated he felt we get enough information from the town manager. Councilmember Sybill Navas suggested the need far a discussion regarding increasing Councilmember benefits as well as being added to the town's health plan coverage. It was agreed to schedule a time to discuss this before the election. Councilmember Kevin Foley noted the town's flags need to be cleaned. Foley also inquired as to when the designer utility and manhole covers would be installed in Lionshead. Foley also inquired as to the schedule for the Ice Dome at the Nordic Center. Foley also acknowledged Jacques Lazier for his winning race. Also mentioned by Foley was the question of galleries and jewelry stores being exempt from state and county taxes. As there was no further business, Councilmember Kevin Foley made a motion to adjourn the meeting and Councilmember Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 9:05 P.M. Respectfully submitted, ATTEST: tip ~~~' ['r~, f~'_. ~ ~~ f~. BEAL ~.= '''/'~'~if~~11;7i~~IsS7i1Nl~` ~ ~~~'tYt.a~-~~~~o..~ Lorelei Donaldson, Town Clerk r "'S-^!~ Ludwig Kurz,~Plllayor • REVfSED VAIL TOWN COUNCIL TUESDAY, SEPTEMBER 18, 2001 7;00 P.M. EVENING MEETING MINUTES A regularly scheduled meeting of the Vail Town Council was held on Tuesday, September 18, 2D01 at approximately 7:OD P.M. Present: Absent: Staff Members Present: Diana Donovan Kevin Foley Greg Moffet Rod Slifer Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Chuck Ogilby Bab McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Allen Christensen, Town Attorney The first item on the agenda was Citizen Participation. Mayor Kurz called for a moment of silence in observance of those who lost their lives and for the families of the victims as a result of the attack of September 11t~. Acting Police Chief Joe Russell acknowledged Moses Gonzales from the Police Department, crediting him with saving the life of a man visiting in Vail who was suffering from a heart attack. Because of Moses' attention to the gentleman`s symptoms, he was taken by ambulance to Vail Valley Medical Center and treated for a heart attack. Moses was presented with two Avalanche tickets. Melinda Gladish, representing Citizens for Quality Education, addressed the Council asking for support for a cost of living increase for Eagle Valley Schools to be on the November ballot, costing the taxpayer $13 per $100,000 assessed valuation resulting in $3.1 million for cost of living increases. Councilmember Greg Moffet reminded Vail voters to mail in their ballot. Michael Cacioppo also addressed the Council, in protest of the cost of living increase for Eagle County Schools, stating problems he felt were wrong with ballot issue as well as the legality of it. Cacioppo encouraged a "No" vote on the issue. Chefs Tom Salamunovich of the Larkspur Restaurant and Steve Virion from La Bottega, addressed the Council, announcing a local promotion to support the American Red Cross Disaster Fund. Local restaurants will be donating 50% of their profits from lunch and dinner receipts to charity on Thursday, September 20th. Additional events include a Vail Jam on Pepi's deck Thursday, Sept. 27th. Montine Hansl, Vail resident, addressed the Council, inquiring as to how the town could support the nation in our efforts for relief. Hansl thanked the chefs far their participation and encouraged Vail to be creative in finding additional ways to help in the relief. Jim Lamont, Vail Village Homeowners Association, asked the Council who was conducting an anonymous phone survey regarding the proposed Vail Town Charter Amendment. Tom Steinberg, Vai! resident, stated he had also received a phone call saying he would be paid $75 to attend a meeting on Thursday in Vail Library Community Room. He also stated the caller would not identify himself and sounded disorganized. Councilmember Rod Slifer also got a call and thought it was a promotion for a timeshare. Mayor Kurz presented a plaque to Town Manager Bob McLaurin that he had received in recognition to World Bike Championships. Kurz thanked the town and the town staff in the way they volunteered and performed under some very trying conditions and for . their help organizing and volunteering. The second item on the agenda was an update of the 2001 Community Survey. Suzanne 5ilverkhorn, Community Information Officer, made a presentation to the Council, stating that for the 14th consecutive year, the Town of Vail has conducted a community survey to evaluate levels of satisfaction with respect to a full range of community services and to gather opinions on selected issues facing the Vail community. Silverthorn stated the survey was conducted entirely over the Internet;this year as a pilot program to evaluate accuracy and effectiveness. The results, which are now available on the Town of Vail Web site, www. vail.crov . com, suggested future use of the Internet as a viable and cast-effective tool Silverthorn gave a background of survey results and methodology leading up to it, stating the use of the lnternet cut costs in half. The time period of the survey was March 23 -May 16, 2001, with 251 responses; 170 full time residents, and 75 part-time residents. Silverthorn stated the largest improvement noted was in frontage road maintenance and credited this high rating to the town assuming maintenance responsibility on the frontage roads. Siiverthorn reported the lowest rating was in regards to the overall parking fees. Mayor Kurz thanked Suzanne for her outstanding work on getting this done on the Internet. Councilmember Kevin Foley asked Silverthorn if she was pleased with the responses. Silverthorn responded in the affirmative, stating the town was looking for constructive comments and suggestions this year. Jim Lamont, Vail Village • Homeowners Association, also thanked Suzanne. for getting the survey on the Internet, as well as Mike Cacioppo, who stated he had tried to do something similar 20 years ~~~ The third item on the agenda was the Consent Agenda. Councilmember Greg Moffet made a motion to approve the August 7 and 21, 2001 minutes with corrections as stated earlier in the worksession. Mayor Pro-Tem Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The second item under the Consent Agenda was Ordinance #20, Series of 2001, second reading, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, and the Real Estate Transfer Tax Fund of the 2001 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations. Councilmember Greg Moffet made a motion to approve Ordinance #20, Series of 2001. Mayor Pro-Tem Sybill Navas seconded the motion. Councilmember Kevin Foley stated he would be voting no on the ordinance on second reading for the same reason he had voted against it on first reading, that being the fact that the Donovan Park pavilion was a "want" and not a "need" and it was too costly from construction to maintenance of the facility. Foley stated he also felt the pavilion was competing with Vail businesses. Councilmember Diana Donovan stated she would be voting no for the same reasons. Jim Lamont, Vail Village Homeowners Association, questioned discussions this afternoon. Councilmember Rod Slifer suggested tabling the vote on this ordinance until the next meeting when all seven Councilmembers would be in attendance. After further discussion, Councilmember Rod Slifer made a motion to table Ordinance #20, Series of 2001, to October. 2, 2001. Councilmember Kevin Foley seconded the motion. Councilmember Foley stated he felt this would give the Council time to look at economic forecast for a couple of more weeks with regard to the Sept. 11`" events. A vote was taken on the motion and the motion passed unanimously, 6-0. Town Manager Bob McLaurin stated that appropriations would lapse on December 31Stand without a budget no authorization to spend money on personnel would be available. The third item under the Consent Agenda was Ordinance #24, Series of 2001, second reading, an ordinance repealing and re-enacting Ordinance No. 9; Series of 1988 and Ordinance No. 17, Series of 1996; providing for the major amendment of Special Development District No. 21, Vail Gateway, to allow for the change in the underlying zoning of Commercial Core 1 to Comrercial Service Center; amending the approved development plan for Special Development District No. 21, Vail Gateway; amending Title 12, Chapter 7, Article E, Section 4, to add "Private Club" as a conditional use in the Commercial Service Center Zone District; amending title 12, Chapter 2, Section 2, to add a definition of private club. Councilmember Greg Moffet made a motion to approve Ordinance #24, Series of 2001, on second reading. Councilmember Rod Slifer seconded the motion. Nina Timm, Housing Planner, advised the Council of one minor change in the memo in the packet, allow up to 9 dwelling units. Timm stated the vote • was 5-2 on first reading and needs ~ votes to pass on second reading. Dominic Mauriello, representing the applicant, addressed the Council, asking for a straw vote to see what the outcome migh# be. Councilmember Sybill Navas stated she would vote against it as she didn't feel we should be changing commercial space to residential. Mayor Kurz stated in light of the economic climate, he felt it might get some vitality back again in Vail and hoped to approve this, stating he would much rather see a project go forward than to have it sit there empty. Kevin Deighan, with Timberline Real Estate, addressed the Council, stating there was office space available for lease and he had a letter of intent for some of the restaurant space. Kevin Deighan felt two tenants could possibly be occupying the building by Christmas. Councilmember Rod Slifer stated he had not changed his mind. After further discussion, a vote was taken on the motion and the motion passed 4-2, Councilmember Kevin Foley and Mayor Pro-Tem Sybill Navas opposed. Councilmember Kevin Foley stated for the record that no requirement for employees at Donovan Park in Ordinance 20 was another reason he was not in favor of passing the ordinance. The fourth item on the agenda was the first reading of Ordinance No. 27, Series of 2001, An Ordinance Amending The Official Zoning Map For The Town Of Vail In Accordance With Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lots 1-4, Vail Meadows Filing 2 And Lots 15 And 16, Bighorn Subdivision Second Addition To "Natural Area Preservation District". Brent Wilson, town planner, presented the ordinance to the Council, stating the ordinance was drafted to formalize policy decisions made recently by the Town Council on open space purchases within the "Vail Meadows Filing 2" and "Bighorn Second Addition" subdivisions. The rezonings, along with an associated Vail hand Use Plan amendment, wil! #ormalize the development limitations on these town-owned properties and ,prepare them far potential future designations as perpetual open space. A staff memorandum outlining the details of the rezonings and master plan amendment was also attached for reference. Wilson stated At its August 27th meeting, the Town of Vail Planning and Environmental Commission {PEC) voted unanimously to recommend approval of these rezonings to the Vail Town Council. The PEC also requested the Town Council consider the expenditure of Real Estate Transfer Tax {RETT} funds for signage and parking areas encouraging public use of Lots 15 & 16, Bighorn Subdivision Second Addition. Councilmember Kevin Foley moved to approve Ordinance #27; Series of 2001, on first reading. Councilmember Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The fifth item on the agenda was Resolution No. 5, Series of 2001, A Resolution Amending The Town Of Vail Land Use Plan, Changing The Land Use Designation From "Low Density Residential" To "Open Space" For Lots 1-7 And Lot 12, Vail Meadows Filing 2 And Lots 15 And 16, Bighorn Subdivision Second Addition, And Setting Forth Details In Regard Thereto. Brent Wilson presented Resolution No. 5 to the Council, stating it was drafted to formalize policy decisions made recently by the Town Council on open space purchases within the. "Vail Meadows Filing 2"and "Bighorn Second Addition" subdivisions. . Wilson stated the Vail Land Use Plan amendment, along with associated rezonings,would formalize the development limitations on these town-owned properties and prepare them for potential future designations as perpetual open space. A staff memorandum outlining the details of the rezonings and master plan amendment was attached to this ordinance for reference. Wilson stated at its August 27th meeting, the Town of Vail Planning and Environmental Commission (PEC) voted unanimously to recommend approval of this amendment to the Vail Town Council. Councilmember Greg Moffet moved to approve Resolution #5, Series of 2001. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The sixth item on the agenda was the second reading, Ordinance #26, Series of 2001, an ordinance appointing the Vail Local Housing Authority (VLHA) as VLHA special fiduciary agent to implement the Mountain Bell Project. Nina Timm, Housing Planner, stated the attached development agreement was the same as was presented at the last meeting. Timm stated attorney ,fim Mulligan was in attendance if the Council had any questions or concerns for him. Councilmember Greg Moffet moved to approve Ordinance #26. Mayor Pro-Tem Sybill Navas seconded the motion. A vote was taken and the motion passed 5-1, Councilmember Diana Donovan opposing. Mayor Kurz thanked the Housing Authority for coming to the meeting and for their work. Councilmember Diana Donovan stated she wished to explain her "no" vote, stating that she did not want the Housing Authority to be carrying out previously set Council wishes, • stating she felt the new Housing Authority should be a free thinking board and more independent of Council. Mayor Kurz stated he felfi they were. The seventh item on-the agenda was the Town Manager's Report. Bob McL.aurin passed out alist o#short-term recommendations form the Parking policy committee. McLaurin stated these recommendations would be discussed in full at the Sept. 25th work session. Councilmembers authorized McLaurin to prepare a letter of agreement with the Vail Recreation District to share in the cost of construction of a new exit and installation of smoke management system at the Dobson Ice Arena. The $100,000 in improvements will increase the building's capacity from 1,000 to 3,000 people. McLaurin stated the .District did not feel they could pay anything towards the improvements at this time, but would be agreeable to divide the casts with the town and repay the town within the next year or so. Council agreed to go ahead with the improvements. McLaurin stated the Colorado Association of Ski Towns (CAST) would beholding their meeting in Minturn a week from Thursday and invited the Council to attend. A presentation will be made on the changing economics of ski towns. Mayor Pro-Tem Sybill Navas thanked Finance Director Steve Thompson for putting together the changes far the upcoming budget hearings. • Councilmember. Kevin Foley reported that Fireman Tom Talbot's father had passed away last week.' The Council expressed their condolences to the Talbot family. As there was no further business, Councilmember Greg Moffet made a motion to adjourn and Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The meeting was adjourned at 8:20 P.M. Respectfully submitted, o~N ~ v,~ ~~j, f , ~'~ Ste"" Ludwig Kurz ayor ATTEST: iCn~ .~.ns~ ~~ el Donaldson, Town Clerk Minutes taken by Mary A. Caster • VAIL TOWN COUNCfL WORK SESSION TUESDAY, SEPTEMBER 18, 2001 MINUTES A!I Councilmembers were in attendance with the exception of Councilmember Chuck Ogilby. Item was an AIPP Request for Funding. Leslie Pickling presented a mural concept to be placed in what is locally referred to as the "doughnut" at the Vail Transportation Center. Total cost for the project would be $14,100. From this, $5000 would be coming directly from AIPP with the request for the additional $9100 to come from the Town Council General Fund. Rod Slifer moved, with a second from Greg Moffet, to approve the supplemental appropriation of $9100. A rote was taken and the motion passed unanimously, 6-0. • .~ Vail Town Cauncii Evening Meeting Minutes Tuesday, October 02, 2001 7'00 P.M. A regukarly scheduled meeting of the Vail Town Council was held on Tuesday, October 2, 2001, at approximately 7:00 P.M. Present: Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Diana Donovan Kevin Foley Greg Moffet Chuck Ogilby Rod Slifer Staff Members Present: Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Allen Christensen, Acting Town Attorney The first item on the agenda was Citizen Participation. • Tom Steinberg, Vail resident and former Vail Councilmember, gave an overview of telephone surveys that had been conducted in Vail over the past two weeks. Steinberg stated one of the surveys appeared to be testing responses to negative statements about the proposed Charter Amendment and thought to be funded by Vail Resorts, Inc. Steinberg stated he had helped initiate the Charter Amendment ballot issue, stating that many locals cannot trust the present Council to do what is best for the town. Steinberg stated he felt four of the present council had conflicts of interest, either personal or business related, and were slanted towards Vail Resorts. Steinberg also suggested the Council was passing resolutions instead of ordinances to avoid being called-up by Town of Vail citizens. Steinberg also reported on a second telephone survey he had received, initiated by Suzanne Silverthorn, town community information officer, regarding participatian in a focus group to improve relations within the town. Steinberg congratulated Silv~rthorn for her efforts. Steinberg then returned the $75 he had received for participating in the survey to Mayor Kurz. Kurz stated he would donate it to charity. Dan Telleen, owner of Karats jewelry, distributed copies of a 1981 cartoon drawn by former Mayor John Dobson, relating to conflicts between Vail's urban and natural environments. Ne then read a letter he had written to his landlord protesting the Town Council's interest in creating a mixed use development on the south side of the Vail • Village parking structure. Telleen stated the town was getting into competition with town businesses. • Jim Lamont, Vail Village Homeowners Association, repeated his request of Council to look into a survey done by telephone focusing on the Charter Amendment. Lamont also asked Council to disclose if any town employees had been involved in the survey. Lamont also presented Council with a copy of the Fair Campaign Practices Act from the Eagle County Clerk's Office and suggested all parties follow rules and regulations in this law. The second item on the agenda was the approval of the Marks Development Corporation Agreement. Town Manager Bob McLaurin stated he had left a revised agreement with the owner of Timber Ridge. The revised agreement would enable the town to resume negotiations with the owner for redevelopment of the property as employee housing. McLaurin stated the deed restrictions on the property would expire Nav. 30, 2001. Councilmember Greg Moffet moved to approve the revised agreement. Mayor Pro-Tem Sybill Navas seconded the motion. Councilmember Diana Donovan inquired as to the "no condominimization phrase." A vote was taken on the motion and the motion passed unanimously, 7-0. The third item on the agenda was the CONSENT AGENDA. A list of 2001 Election Judge Appointments for the November 6, 2001, regular municipal • election was presented to the Council. Assistant Town Manager Pam Brandmeyer advised the Council of a last minute change replacing Karen Morter with Holly Cole. The remaining judges listed were Mary Jo Allen and Vi Brown, and Mary Caster as an alternate judge. Brandmeyer also advised the Council that Sarah Farris from Battle Mountain High School will be serving as a junior election judge. Councilmember Greg Moffet made a motion to approve the 2001 Election Judge Appointments. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Mayor Kurz thanked nominees for their willingness to act as judges. The next item on the consent agenda was Ordinance #27, Series of 2001, second reading, amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map, rezoning Lot 1--4, Vail Meadows Filing 2 and Lots 15 and 16, Bighorn Subdivision Second Addition, to "Natural Area Preservation District. Councilmember Greg Moffet moved to approve Ordinance #27, Series of 2001, as read on second reading. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was Ordinance No. 29, Series of 2001, first reading, an ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map, Rezoning Lot 1, Middle Creek Subdivision (Mountain Bell site) to Housing Zone District. Allison Ochs, town planner, presented the • ordinance to the Council, stating the next two items (Ordinance #29 and Resolution #6) 2 related to rezoning and a land use plan amendment to the Mountain bell site. Ochs stated on September 24, 2001, the Planning and Environmental Commission voted to forward a recommendation of approval regarding the proposed rezoning and land use plan amendment of the employee housing site at Mountain Bell. Ordinance No. 29, Series of 2001, amends the official zoning map to reflect the zoning of Lot 1, Middle Creek Subdivision, to the Housing Zone District. Lot 2, Middle Creek Subdivision will remain zoned General Use, and Tract A, Middle Creek Subdivision, will remain zoned NaturalArea Preservation District. Ordinance No. 29 is contingent upon the recording of the final plat of Middle Creek Subdivision and the adoption of a development plan far the housing site. Ochs stated the rezoning action and the companion Land Use Designation resolution would not establish density nor approve a develapment plan. The development application would be prepared on behalf of the Vail Local Housing authority and would be submitted to the Planning and Environmental Commission far preliminary review later in the month. Councilmember Diana Donovan stated she would be voting against the ordinance, citing procedural concerns as well as lack of information and lack of public awareness about the proposed housing development. Councilmember Chuck Ogilby stated he would be voting in favor of the ordinance, stating the proposed housing development as well as the Council's action to preserve the Timber Ridge units were huge steps in solving the housing problem in Vail, Councilmember Rod Slifer expressed his concerns regarding the density of the proposed development and suggested a meeting with the development team would be beneficial before the project was too far along. Jim Lamont, Vail Village Homeowners Association, advocated use of a Special Development District for the development of the site, believing that the SDD process would allow the town to address design standards, environmental sensitivities and to establish public benefits. Long time Vail resident Flo Steinberg, expressed concerns regarding residents walking into the Village and Lionshead causing traffic to be disrupted through the roundabouts, defeating their purpose. Mayor Kurz stated the closer housing is to the community, the less car traffic there should be. Ochs stated the provisions of the ordinance would not take effect until a development plan had been approved. Councilmember Greg Moffet moved to approve Ordinance #29, Series of 2001, on first reading. Councilmember Chuck Ogilby seconded the motion. Councilmember Kevin Foley stated the Council might be more comfortable waiting two weeks to review. Mayor Kurz stated between the housing authority and planning commission, he was comfortable with passing the ordinance on first reading. Councilmember Slifer stated he had the same concerns, but felt comfortable having the option on second reading to vote against it. Mayor Pro-Tern Sybill Navas stated she would vote in favor of the ordinance, but needed time to read the memo that had just been presented to the Council before second reading. A vote was taken on the motion and the motion passed 6-1, Councilmember Diana Donovan opposed. The fifth item on the agenda was Resolution No. 6, Series of 2001, a resolution amending the Town of Vail Land Use Plan, changing the land use designation from "Open Space" to "High Density Residential" for Lot 1, Middle Creek Division (Mountain Bell site). . Councilmember Greg Moffet moved to approve Resolution No. 6, Series of 2001. Councilmember Chuck Ogilby seconded the motion. Councilmember Kevin Foley thanked 3 the new housing authority far tha work they had done on this issuz. Councilmember Diana Donovan stated she hoped she can vote in favor of this project by the end of the process. A vote was taken on the motion and the motion passed, 6-1, Donovan opposing. The sixth item on the agenda was the First reading of Ordinance No. 25, Series of 2001, an ordinance amending the Vail Town Code, Title 14, Development 5fandards Handbook, Section 10, Design Review Standards and Guidelines, D. Building Materials and Design. Bill Gibson, town planner, stated the ordinance amended the town code to allow for additional flexibility in Design Review Board approval of alternative building materials. Discussion followed regarding to what extent DRB approval was needed in regard to repainting, trim color change, window replacement, etc. Mayor Pro-Tem Navas expressed concern over the ordinance's wording not being what the intent of the ordinance was intended to be. Councilmember Greg Moffet moved to approve Ordinance #25, on first reading. Councilmember Rod Slifer seconded the motion. A vote was taken and the motion passed, 6-1 Mayor Pro-Tem Sybill Navas in opposition. The seventh item on the agenda was Ord. #30, First Reading, 2002 Budget Ordinance. Finance Director Steve Thompson presented the annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 2002, through December 31, 2002. Mayor Kurz commented on the long discussion the • Council has had regarding the budget, and following last few week's events, the Council had directed staff to adjust the budget again at the afternoon work session. Kurz stated the Council had the option of passing the budget as presented and directing staff to make the necessary changes or table the ordinance to the next meeting. Town Manager Bob McLaurin addressed the Council, stating that $A~.5 to 5 million in budget cuts would be required to meet the objectives of the Council. McLaurin stated that an extended discussion would be held at next Tuesday's work session to prepare the budget for second reading approval on October 16th. Councilmember Chuck Ogilby stated he was com#ortable with the proposed budget, looking at it as a roadmap, and if resources were not available next spring, necessary cuts would be taken. Ogilby stated he would vote for 2002 budget ordinance on first reading. Councilmember Diana Donovan stated she would not be voting for the budget, stating she felt it would be voting for irresponsible spending. Councilmember Rod Slifer stated he agreed with Councilmember Ogilby's comments regarding the majority of revenue coming in the winter and by mid-February or March the town would know where it was financially and would be able to make further cuts if necessary. Mayor Pro-Tem Navas stated she was not in support of the budget at this time, feeling the town needed to be projecting revenues on sales tax and lift at the same level as they have been. Navas felt the town should be cutting expenditures, feeling it was easier to add them rather than take them off. Navas stated she would vote yes on first reading, hoping to make the necessary changes to pass before second reading. Navas • also reminded the Council that it was passible to table the second reading for 2 weeks. Councilmember Greg Moffet stated he was comfortable with the document, stating the 4 • town had obligations to keep. Councilmember Kevin Foley stand he would not be voting in support of the budget due to his concerns about potential revenue shortfalls for the fourth quarter of the current budget year as well as his opposition to the Donovan Park pavilion. Councilmember Greg Moffet made a motion to approve Ordinance #30 on first reading. Councilmember Rod Slifer seconded the motion. A vote was taken and the motion passed 5-2, with Councilmembers Diana Donovan and Kevin Foley in opposition. Town Manager Bob McLaurin stated the majority of the worksession the following week would be devoted to revising the budget. The eighth item on the agenda was Ordinance #20, Series of 2001, second reading, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, and the Real Estate Transfer Tax Fund of the 2001 Budget for the Town of Vail, Colorado, and authorizing the expenditures of said appropriations. Steve Thompson, Finance Director, addressed the Council, stating this ordinance increased the general fund expenditure budget by $544,205, reduced expenses in the capital projects fund by $1.8 million, and reduced expenses in the Real Estate Transfer Tax fund by $6.~ million for a net total budget reduction of $7.9 million. Councilmember Greg Moffet made a motion to approve Ordinance #20, Series of 2001, on second reading. Councilmember Chuck Ogilby seconded the motion. Mayor Pro-Tem Sybill Navas asked Thompson to explain the pavilion allocation of $1.5million from the General Fund. Thompson stated the Council had decided to not pay for the pavilion out • of Real Estate Transfer Tax funds, but to fund it out of the general fund and Capital Projects fund. Thompson stated the monies paid to date have been for the design work and the site work and had been paid by the Real Estate Transfer Tax (RETT) fund. Thompson stated the town could take the $1.5 million transfer from the General Fund to the Capital Projects Fund out of this year's budget and put it in next year's budget. Councilmember Greg Moffet made a motion to amend his previous motion by deleting the $1.5 million transfer from the appropriation. Councilmember Chuck Ogilby amended his second to the motion to put the $1.5 million transfer in the 2002 budget. A vote was taken on the motion and the motion passed 6-1, Councilmember Kevin Foley opposed. The ninth item on the agenda was Village Center Association v. Town of Vail - An appeal of the Planning and Environmental Commission's May 8, 2000 approval of proposed modifications to the Gore Creek Floodplain, located at the "Gore Creek Whitewater Park," Gore Creek Promenade /Tracts 1 & A, Block 5B, Vail Village 1st Filing. Brent Wilson, town planner, stated In September of 2001, the District Court entered an Order of Remand to the Town Council of the Town of Vail for Findings of Fact and Conclusions of L.aw. The Court held that the findings in the matter are inadequate for a proper review. Pursuant to the Colorado Rules of Civil Procedure, the matter has been remanded to the Vail Town Council for the making of specific findings of fact or conclusions of law. Brent Wilson addressed the Council, referring to the staff • memorandum outlining the findings of fact listed in the memo. It was agreed by the 5 Council to change the words ""in na way" to "not" in items 8 and 9. After further discussion, Councilmember Greg Moffet moved to make specific findings of facts and conclusions of law as listed below: Based upon substantial competent evidence contained within the record and presented at the public hearings, the Town Council finds that the standards and conditions imposed by the requirements of the Zoning Regulations and all other elements of the Vail Town Code have been met. The Vail Town Council specifically finds that: The subject improvements do not constitute "structures" and are, therefore, not prohibited under Section 12-21-10(A), Vail Town Code. 2. The subject property is zoned "Outdoor Recreation" and that permitted uses within this district include "passive outdoor recreation areas and open spaces." 3. The subject improvements are in no way prohibited by the applicable zoning district. 4. The subject improvements do not constitute "structures" and are, therefore, not restricted under the setback requirements outlined in Section 12-14-17, Vail Town Code. Additionally, Title 14 of the Vail Town Code specifically exempts landscaping from setback requirements. Therefore, the subject improvements comply with all setback provisions outlined in the Vail Town Code. 5. Gore Creek has not been rechanneled. Pursuant to the requirements outlined in Title 14, Vail Town Code, fihe Planning and Environmental Commission has reviewed the applicant's floodplain study and approved the request for grading within the 100-year floodplain. 6. The environmental impact report complies with all provisions outlined in the Vail Town Code. 7. The environmental impact report, flood study, and Engineering staff testimony demonstrate that the work will not adversely affect adjacent properties or increase the quantity or velocity of flood waters pursuant to Section 12-21-10(E), Vail Town Cade. 8. The subject improvements are not prohibited by the Vail Village Master Plan. 9. All appropriate boards and committees have reviewed the proposal as required under the covenant provisions on the property. Therefore, the subject improvements are not prohibited by protective covenants. n Mayor Pro-Tem Sybill Navas seconded the motion. Councilmember Chuck Ogilby suggested changing the wording in items 8 and 9 from "are in noway" to "are not". Councilmember Moffet amended his motion accordingly. Mayor Pro-Tem Navas amended her second. Councilmember Kevin Foley, referring to the staff response far #9, recommended listing all public meetings held on this project, including the time and ate. Town planner Brent Wilson stated this information was contained in the record and would be added to the memorandum. Nicki Viars, property manager far Village Center, addressed the Counci[ and read a letter into the record from Grimshaw and Harring, attorneys representing Vail Center Association, stating the Council did not have sufficient basis to uphold the Planning and Environmental Commission's approval of the town's application for the whitewater park. After further discussion, a vote was taken on the motion and the motion passed unanimously, 7-0. The tenth item on the agenda was the Town Manager's Report. Town Manager Bob McLaurin gave an update regarding on-going meetings held with Sybill Navas and Diana Donovan including the selection of a band for New Year's Eve. McLaurin also stated tentative plans for a party at Adventure Ridge on Vail Mountain for 12 - 1 b year olds was also being discussed. Councilmember Greg Moffet inquired as to how the town would be delivering the message. McLaurin stated Suzanne Silverthorn, Community Information Officer for the town, was prepared fio notify the public when definite plans had been made. As there was no further business, Councilmember Greg Moffet made a motion to adjourn. Councilmember Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0 and the meeting was adjourned at 8:40 P.M. Respectfully submitted, ATTEST: 's;r;~:a~•;ma~: ~. orele' Donaldson, Town Clerk . Minutes taken by Mary A. Caster . ~~ Ludwig Kul, Mayor 7 VAIL TOVIIN COUNCIL EVENING MEETING -MINUTES OCTOBER 16, 2001 0:30 P.M. CJ C, Members Present: Staff Members Present: Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Diana Donovan Kevin Foley Greg Moffet Chuck Ogilby Rod Slifer Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager The Vail Town Council first convened as the Vail Local Marketing District (VLMD} to approve Resolution #1, Series of 2001, a resolution adapting a budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District, for its t scat year January 2, 2002, through December 31, 2002. Mayor Kurz introduced Resolution #1 into the record, asking Finance Director Steve Thompson to concur that the town budget had been reduced by 10%, although the town was keeping the marketing district budget in tact as written, not knowing what the season would bring. Kurz expressed his concern that the highest priority should be given to marketing the town during the summer and shoulder seasons and asked that the marketing board look for ways to save dollars. Thompson stated the budget numbers were the same as those presented in the budget hearings. Ross Boyle, chairman of the marketing district, addressed the Council, stating the board had been looking at the changing market and given the events of September 11kh, realizing the tourism industry would most likely be affected. Boyle stated the international market would most likely be the first to fee! the effects. After further discussion, Greg Moffet made a motion to approve Resolution #1, Series of 2001. Rod Slifer seconded the motion. Mayor Pro- Tem Sybill Navas stated the marketing board needed to be very clear on the fact that the income to this group does not come out of the town's general fund. It was also pointed out that the lodging tax was avail-only tax and the marketing board should become independent of the town in the near future. Foley stated that all marketing groups, including the Vail Chamber and Business Association and the combined chamber should come together to unify their message and avoid duplication. Navas stated the special events committee will lae meeting twice next week to put together a proposal on how these relationships can be organized. Diana Donovan stated she would be looking for improved accountability of the administrative funds. Greg Moffet then made a motion to adjourn to regular session. Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Tt~e regular meeting of the Vaif Town Council convened at approximately 7~g0 P.M. All members of the Vail Town Council were present. Also in attendance were Bob McLaurin, Town Manager, and Pam Brandmeyer, Assistant Town Manager. The first item on the agenda was Citizen Participation. Mayor Kurz reminded the public to keep their items to a minimum time period and any items requiring further discussion would be scheduled for a future meeting. Kurz also asked that any items pertaining to the up-corning municipal election be held for the scheduled debates. There was no citizen participation. The second item on the agenda was the Consent Agenda. The first item on the consen# agenda was the approval of the September 4th and 18t" minutes. Sybill Navas made two corrections to the September 18t" minutes. Greg Moffet made a motion to approve the September 4th and 18t" minutes as revised. Kevin Foley seconded the motion. A vote was taken and the mation passed unanimously, 7-0. The second item on the consent agenda was the second reading of Ordinance No. 25, Series of 2001, an ordinance amending the Vail Town Code, Title 14, Development Standards Handbook, Section 10, Design Review Standards and Guidelines, D. Building Materials and Design. George Ruther, head of planning, presented the ordinance to the Council, stating on Tuesday, October 2, 2001, the Council approved by • a vote of 6-1 (Navas opposed) the first reading of this ordinance. Gibson stated the Council had requested the phrase "over time" be added to the proposed text amendments during the worksession on October 2~d. After further discussion, Moffet made a motion to approve Ordinance #25, Series of 2001, on second reading, with the addition of "over time" in the appropriate sections. Diana Donovan seconded the motion. Sybill Navas stated she voted no on this ordinance on first reading and would be voting no on second reading because she felt the use of the ward "may" within the ordinance eliminated any degree of certainty during the application process, relying too much on subjectivity by the Design Review Board. A vote was taken and the motion passed 6-1, Navas opposing. The third item under the Consent Agenda was the second reading of Ordinance No. 29, Series of 2001, an ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map, Rezoning Lot 1, Middle Creek Subdivision (Mountain Bel! Site) to housing Zone District. Allison Ochs, town planner, addressed the Council, stating there had been no changes from first reading but Council had requested additional time to read the staff memo pertaining #o the rezoning. Rod Slifer asked Ochs if all affected property owners had been notified of this proposal Ochs stated yes, they had been. After further discussion, Kevin Foley made a motion to approve Ordinance No. 29 on second reading. Greg Moffet seconded the motion. Diana Donovan expressed her concerns over the rezoning, in particular, notification of the community beyond the adjacent property owners, and the housing . rezoning issues. Donovan felt that the public had not been given sufi•tcient information as to what was being proposed for this site. Sybill Navas disagreed, stating the Council dad continuing discussions regarding this site aver the last several years. Also, the #~ct that there was little public input showed that the community realized there were few alternatives for the housing situation. Slifer expressed his concern an the preliminary design of the project, encouraging the development team to keep in close contact with the Council during the design phase. Foley thanked the housing authority for their work on this project and expressed his faith in all of the town boards to see this project through. A vote was taken on the motion and the motion passed 6-1, Donovan opposing. The third item on the agenda was a Proposed Fee Schedule for Development Review. Russell Forrest ,Community Development Director, addressed the Council, stating on September 18, 2001, staff had asked Council whether development review fees should reflect the cost of providing those services. At that meeting the Council directed staff to develop a proposed fee structure that mare accurately reflected the true cost of providing those services. Forrest stated a focus group had met earlier in the year to address the issue of better serving the customer. Forrest reported the town's fee structure was relatively low compared with other jurisdictions in the state. Discussion followed regarding what fees were being charged far different applications. It was felt by the Council that the process should be as "user-friendly" as possible, encouraging Vail homeowners to upgrade and maintain their homes with as little hassle as passible. The Council requested Russ return to a future meeting with a fee schedule with definitions that would be given out to applicants for further review. • The fourth item on the agenda was the second reading of Ordinance #30, Series of 2001, an ordinance adopting the Annual Appropriation Ordinance, adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 2002, through December 31, 2002. Mayor Kurz opened the discussion by stating the Council had directed Town Manager Bob McLaurin and Finance Director Steve Thompson to prepare a budget that reduced sales tax and lift tax revenue estimated for 2001 by 10%. McLaurin stated the revenue budgets were decreased by 10 percent in the sales tax and lift tax revenues. Greg Moffet made a motion to approve Ordinance #30, Series of 2001, on second reading. Sybill Navas seconded the motion. Diana Donovan stated she would be voting against the budget, stating it was not conservative enough, she was not in support of using Real Estate Transfer Tax funds for the entire park, and accusing the Council, staff and consultants of being deceptive in its dealings with Donovan Park. Kevin Foley stated he would also be voting no on the budget, citing the cost of Donovan Park pavilion as the main reason. Rod Slifer expressed his continuing concern over the design of the pavilion, but in favor of the concept of a pavilion. Chuck Ogilby reaffirmed his support of the pavilion, feeling it would make an architectural statement far Vail. Kurz agreed with Ogilby's comments, but felt it was difficult to take the comments made by Donovan, stating they were not reasonable or fair. Tom Steinberg, former councilmember and long time Vail resident, requested the Council voluntarily cut their salaries in half in response to the budget cuts. Reaction from the Counci! included . Slifer's comment that he had always donated his salary to charity, and Navas stating that when she began her first term as a councilmember, her daughter was three years ofd, and she has used her salary to subsidize childcare expenses. Other councilmembers agreed that their salaries were not large enough to make a difference in the overall budget. Rick Scalpello, Vail resident and Vail Today founder, addressed the Council, asking what was in the budget that would drive an increase in business revenues. Navas responded that the Council was contributing increased funding for special events and contributions in the 2002 Budget. Tvwn Manager McLaurin stated the town was nvt in a position to guarantee the success of private enterprises, and the town had cut or elected not to fill positions and cut projects from its budget. Slifer felt the nation was already in a recession before the events of September 11th and felt the community needed to do everything it could to get people here. Moffet stated he was proud to sit on a council that supported the community and felt the town was working as a partner with the community and the ski company. Long time Vail resident Flo Steinberg stated she felt the Donovan Park pavilion and the proposed Vail Center conference center were in competition with private Vail businesses. Foley reminded the public that an election for 4 new council seats would be held in three weeks, and encouraged everyone to get out and vote. A vote was taken on the motion and the motion passed 5-2, Foley and Donovan opposing. The fifth item on the agenda was Information Update. councilmembers were reminded of a dinner with the Eagle County Commissioners scheduled in Eagle at 5:00 P.M. on October 18th, as well as Friday's Colorado Ski Hall of Fame dinner. As a follow up to an earlier discussion, councilmembers expressed no interest in pursuing a suggestion by Sybill Navas to consider increases to the Council compensation and benefits package. The sixth item on the agenda was Council Reports. Kevin Foley complimented the library staff for its coordination of a children's scarecrow-making party. Greg Moffet noted the annual MatterhornlHighland Meadows neighborhood trick-or-treat party would be taking place at dusk on Halloween. Sybill Navas said recipients of the Vail Youth Award and Vaii Youth Ambassador Award had been selected. The honorees, juniors from Vaii Mountain School and Battle Mountain High School, will be introduced at the November 6th Council meeting. Diana Donovan inquired about the status of the athlefiic fields at Red Sandstone Elementary School. Todd Oppenheimer stated the project was 80% complete and the field should be sodded this fall, weather permitting. Items under Other included: Ogilby suggested the need to discuss coordination between the town and the Vail Recreation District in pursuit of a new gymnastics center. Ogilby stated the center was in jeopardy of being displaced as a result of efforts by the Eagle River Water and Sanitation District to acquire the town-owned facility for expansion of its water treatment plant. a Foley announced the upcoming Trick-or-Treat Trot event scheduled for October 31St, sponsored by the Vail Recreation District and the Vail Public Library. Foley also expressed his condolences to the family of Dan Mulrooney, who passed away this week. • The ninth item on the agenda was the Town Manager's Report. Town Manager McLaurin invited the Council to attend the Colorado Association of Ski Towns meeting held October 24th and 25th in Minturn. McLaurin presented the Council with an update on the Donovan Park project and asked for authorization to enter into a contract with J. L. Viele Construction for $3.4 million to construct the park components identified in the Donovan Park Master Plan to include a soccer field, restrooms, playground and on-site parking. The contract, to be completed by next Sept. 15, provided for afully-functional park but does not include construction of the community pavilion. Greg Moffet made a motion to approve the contract. Chuck Ogilby seconded the motion. A vote was taken and the motion passed unanimously, 7- 0. In voting in favor of the contract, Donovan asked for assurances that use of funds from the Real Estate Transfer Tax be monitored closely and designated for park use only. Navas emphasized the need to create a unique design for the playground to avoid the colored plastic look. Moffet then moved to adjourn to move to Executive Session. Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. At 9:/~ P.M., Council returned to regular session to adjourn the meeting. SEAL ~~~~~iie~~ OfdA~O ~~~`~ ATTEST: Lei ~naldson, Town Clerk Minutes taken by Mary A. Caster RespectFully submitted, Ludwig Kurz,(~ayor • VAIL TOWN COUNCIL WORK SESSION MINUTES OCTOBER 23, 2001 All members ofi the Town Council were present with the exception of Rod Slifer and Kevin Foley. Nina Timm requested a "head nod" to provide $5,000 in funding for commercial linkage to join the Town of Eagle in contributing $5,000 each to help underwrite the cost of a $30,000 study conducted by Eagle County that will be used to quantify employee generation rates that can be used to establish commercial and residential linkage requirements as well as inclusionary zoning. An informal vote was taken and passed 4-1, Diana Donovan in opposition. • • WORK SESSION MINUTES October 25, 2001 --Information Update The Council informally agreed (4-1 with Donovan against, Slifer and Foley absent) to join the Town of Eagle in contributing $5,000 each to help underwrite the cost of a $30,000 study conducted by Eagle County that will be used to quantify employee generation rates that can be used to establish commercial and residential linkage requirements as well as inclusionary zoning. • r •' 1' V,4fL TOWN COUNCIL EVENING MEETING TUESDAY, NOVEMBER B, 2001 7:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council commenced at approximately 7:00 P.M. in the Town ofi Vai! Council Chambers. Members Present: Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Diana Donovan Greg Moffet Chuck Ogilby Rod Slifer Members Absent: Kevin Foley Staff Members Present: Pam Brandmeyer, Assistant Tawn Manager Allen Christensen, Acting Tawn Attorney • The Frst item on the agenda was Citizen Participation. Bob Armour, farmer Mayor of Vail, thanked Diana Donovan, Ludwig Kurz and Kevin Foley for their years of service on the Vail Town Council. Armour also thanked Sybill Navas for her eight years of dedicated service to the town. Armour also thanked Kevin for his work on ECO. Sybill Navas addressed the Council, stating her gratitude to the community far the privilege of serving on the Council. Navas stated that her daughter was 3 years old when she began her first term, and she thanked her and her fellow councilmembers, as well as the town staff their for dedication. Navas also thanked the community far trusting her decisions. Mayor Kurz also thanked Navas for her dedication and hard work. The second item on the agenda was the Introduction of Youth Award Winners. Chris Atencio -Youth Recognition Award, BMHS Ariel Pierce -Youth Ambassador Award, VMS Whitney Simmonds -Youth Recognition Award, VMS Caitlin Wail -Youth Ambassador Award. BMHS Sybill Navas presented the awards to Whitney Simmonds and Caitlin Wali. Chris • Atencio and Ariel Pierce were unable to attend the meeting and were to be rescheduled for a later meeting. Pam Brandmeyer announced the recognition awards would be presented in the spring during ceremonies at BMHS and Vail Mountain School. The third item on the agenda was the presentation of the students who have won the trash can design contest and to thank students and their teachers for taking part in the contest. Leslie Pickling, AIPP Director, introduced Jonathan Green who read the award winners. Leslie stated the two winning designs, created by Desiree Smith of Minturn Middle School and Lucy Sackbauer of Vail Mountain School, would be imprinted on the sides of cardboard trash cans which would be used during the Hot Winter Nights events beginning in December. Kathy Langenwalter, AIPP chairman, also presented outgoing Councilmember Sybill Navas with a framed piece of art, thanking her for her time on the AIPP board. The fourth item on the agenda was Resolution #8, Series of 2001, a resolution recognizing members of Troop 231 of the Boy Scouts of America for their demonstration of volunteerism and civic pride. Members P. J. Dauphinais, Calder Cahill, Alex Flaherty, Rubin Garrido, Nick Gifford, Deacon Maloney and David Van Norman were recognized for constructing a new bus stop shelter in Vail. The project was coordinated by Dauphinais as part of their Eagle Scout project. The fifth item on the agenda was the Consent Agenda, approving the October 2"d and 16'", 2001 minutes. Diana Donovan reported two changes to the October 16'" minutes. Greg Moffet then moved to approve the minutes as corrected. Rod Slifer seconded the motion. A vote was taken on the motion and it passed unanimously, 6-0. Also under the Consent Agenda was Resolution #10, Series of 2001, a resolution to open a bank account for parking transactions at the 1st Bank of Vail. Steve Thompson, Finance Director, stated this account at the 1st Bank of Vail would be used to manage parking structure deposits more efficiently. Greg Moffet moved to approve Resolution #10, Series of 2001. Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The sixth item on the agenda was the first Reading Of Ordinance No. 31, Series Of 2001 - An Ordinance Amending Ti#le 11, (Sign Regulations), Title 12 (Zoning Regulations), Title 13 (Subdivision Regulations}, And Title 14 (Development Standards), Vail Town Code, To Allow For Corrections andlor Updates To The Vail Town Cade, And Setting Forth Details In Regard Thereto. Brent Wilson, town planner, stated that over time, problems arise with specific code sections that are not clear to development review applicants. This often occurs with zoning code amendments, changes in procedures, ar errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission and to the Town Council to "clean-up" the Zoning Regulations, Subdivision Regulations, Development Standards and Sign Codes. Wilson stated for the record that these amendments were not designed to amend the substantive content of the code, but to "clean-up" errors and clarify sections of the code. None of the proposed amendments result in a change of policy. The Planning and Environmental Commission unanimously recommended approval of the proposed text amendments at its August 27th, 2001, meeting. Greg Moffet moved to approve Ordinance #31, Series of 2001, on second reading. Rod Slifer seconded the motion. A vote was taken on the motion and the motion passed unanimously, 6-0. The seventh item on the agenda was Resolution No. 7, Series of 2001, A Resolution Adopting the Town of Vail Art in Public Places Strategic Plan Dated November 6, 2001, as an Official Town Document to be Used to Guide the Efforts of the Art in Public Places Board. Allison Ochs, town planner, stated that over the past three years, the AIPP in conjunction with the PEC, DRB, Town of Vail staff, advisory groups, and interested citizens, has been working on developing a Strategic Plan. The purpose of the plan is to provide a general framework and direction for the AIPP Program, the AIPP Board, and the Town Council with respect to public art in Vail. Resolution No. 7, Series of 2001, adopts the Town of Vail Art in Public Places Strategic Plan. Sybill Navas made a motion to accept the strategic plan as presented with the addition of additional verbige suggested by Diana Dononvan. The motion was seconded by Diana Donovan. A vote was taken and the motion passed unanimously, 6-0. Greg Moffet also recognized Nancy Sweeney who was in attendance for her work on the AIPP in previous years here. The eighth item on the agenda was Resolution #9, Series of 2001: Proposed Fee • Schedule for Development Review. Russ Forrest, Community Development Director, addressed the Council, stating this resolution pertained to adapting new fees for development review applications. Forrest stated the new schedule reflected higher fees for complex development review proposals to mare closely reflect the town's actual costs, while fees for minor repairs would remain at $20 to encourage routine maintenance. Forrest also stated that Design Review Board applications will na longer be required for replacing identical type and color of exterior materials if that material was not specifically prohibited. Greg Moffet made a motion to adapt Resolution #9, Series of 2001. Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The ninth item on the agenda was the approval of the Torch Relay Funding. Assistant Town Manager Brandmeyer stated the Council had reviewed a $25,000 funding request at the work session earlier in the day, to augment a February 1, 2002, stopover of the 2002 Olympic flame in Vail. The relay route would start from the West Vail Conoco Station, around the main Vail round-about to Vail Road, snowshoers would go up the mountain and down the Vista Bawn to the Ski Museum. Councilmembers suggested approaching the Special Event Commission for funding assistance, noting the organization had $20,000 in unspent allocations. The tenth item on the agenda was the Town Manager's Report. A discussion followed regarding the request from the Vail Chamber and Business Association {VCBA} for 4 free days of parking and the donation of a blue parking pass. Greg Moffet made a . motion to approve the request. Sybill Navas seconded the motion. Stephen Connelly addressed the Council, explaining the details of the program. A vote was taken on the motion and the motion passed unanimously, 6-0. Diana Donovan stated for the record that she had voted yes on every item at this evening's meeting. As there was no further business, Greg Moffet made a motion to adjourn the meeting. Chuck Ogilby seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The meeting was adjourned at 7:55 P.M. Respectfully submitted, ~tnns~s,:~~f„rrrrrr~r'v , QMY /.{7 fir! ,'Lt ~: ~ ~. $ E A L ~ Ludwig Kurd Mayor ATTEST: ~ I~Y~~ ~r i Donaldson, Town Clerk Minutes taken by Mary A. Caster C VAIL TOWN COUNCIL EVENING MEETING TUESDAY, NOVEMBER 20, 2001 7:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council commenced at approximately 7:00 P.M. in the Town of Vail Council Chambers. Members Present: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Dewitt Greg Moffet Chuck Ogilby Staff Members Present: Pam Brandmeyer, Assistant Town Manager Matt Mire, Tawn Attorney i The first item on the agenda was Citizen Participation. "Dicki Pete" Peterson, a resident of Chamonix Road in West Vail, presented an idea for the Donovan Park pavilion project. Calling the current design too expensive and not as environmentally sensitive as it could be wi#h its 34 feet high windows and two cooling systems, Peterson suggested a,complete redesign of the building that would be more in keeping with the community's environmental needs. His idea is to work with Vail Resorts and the U.S. Forest Service to use pine beetle kill trees in the building's construction. In addition, Peterson said an adopt-a-log program could be implemented similar to the adopt-a-brick program at Ford Park to help fund the facility. Also, Peterson suggested the need for an on-site caretaker unit within the building to reduce the threat of vandalism and enhance fihe safety of various users. Mayor Kurz referred the matter to staff. The second item on the agenda was the second reading of Ordinance No. 31, Series of 2001, an ordinance amending Title 11, (Sign Regulations), Title 12 {Zoning Regulations), Title 13 (Subdivision Regulations}, and Title 14 (Development Standards), Vail Town Code, To Allow for Corrections andlor Updates To The Vail Town Code, And Setting Forth Details In Regard Thereto. With a motion by Greg Moffet and second by Diana Donovan, the Council voted 7-0 to approve Ordinance No. 31, Series of 2001, on second reading. r~ LJ The Third item on the agenda was the first Reading of Ordinance 32, an ordinance amending special Development District No. 6, Vail Village Inn, Phase IV, to allow for the conversion of accommodation units into Type ill Employee Housing Units; and setting forth details in regard thereto. The amendment allows for the conversion of accommodation units into 56 employee housing units with the ordinance expiring on June 1, 2002. In voting to approve the ordinance, Councilmembers said they would rather see the property be redeveloped as it was approved in 2000. Bu# ail admitted it is better to have the property occupied this winter than sitting empty. During public discussion, Kaye t=erry of the Vail Chamber and Business Association, expressed support for the conversion, calling it a "fabulous" use of the property that would otherwise be empty. She said the units sold out quickly, a testimony to the dire need for more housing in Vail. She also called it a great test run for the Mountain Bell housing project. Although immediate occupancy has been approved, the property owners have been given 30 days by the Fire Department to address a list of safety issues. With a motion by Greg Moffet and second by Diana Donovan, the Council voted 7-0 to approve first reading of Ordinance #32, Series of 2001. The motion passed unanimously, 7-0. Council was concerned the expiration would remain the same, as well as the requirement that if this were to be a use for a second season, an additional conditional use permit would have to be granted, thus giving Council review opportunities. Council believes the proposed amendment would facilitate the location of employee housing units within the Town of Vail, which is a high Council priority, at an • existing infill location; and affordable employee housing is essential for the provision of services that both residents and visitors expect. However, Council did not believe this to be an acceptable long-term use for #his property. In so noting, Moffet included Goals 3.1, 3.2, 3.3, and 3.4 from the Vail Land Use Plan, stating until these goals outweigh the obstacles for employee housing at this location, and Council's support would be in tact. As well, Moffet added to his motion that although the conversion of any accommodation unit within Vail's core areas should be highly discouraged, Council believes the subject property may be an appropriate location for employee housing for a temporary and defined time period. Although the applicant has an approval in place to redevelop the property, the construction has been temporarily pos#poned due to the pending lawsuit. The temporary conversion of these accommodation units to Type Ill employee housing units will allow the property owner to use the property, to the benefit of the owner and the town, until construction can commence, thus citing additional goals 5.1, 5.3, 5.4, and 5.5 from the Vail land Use Plan. In summation, Council believes this proposal furthers the above-listed goals by providing additional opportunities for locaislemployee housing within the town limits a# an existing infill location (Goal 6.1, Vail Land Use Plan). The fourth item on the agenda was the discussion of Refinancing Town of Vail Debt. After hearing from the town's investment banker, Steve Jeffers of George K. Baum & Company, who explained several refinancing opportunities, the Council directed staff to continue moving forward with his suggestions. The first would involve selling • approximately $540,000 in mortgage loans from a 1979 Pitkin Creek Bond Issue, which would address an equity issue involving a foregiveness clause which is contained in a ~ 992 refinancing action. According to Jeffers, the sale of loans on the open market would generate approximately $200,000 to the town, given #oday's attractive interest rates. The Gouncil directed Town Attorney Matt Mire to work with the town's bond attorney to determine if the authorization should be presented to the council in resolution form or ordinance form. In a second action, the Council directed Jeffers to begin a refinancing process known as "forward refunding" which involves locking in a buyer for bonds well ahead of the call date. In this case, the sale commitment would occur in January for a transaction that wouldn't be consummated until September 2002. With interest rates at their current low levels, Jeffers estimated the town could receive a net savings of $3$0,000 in today's dollars on $5.4 million of debt. In moving ahead with the forward refunding approach, the Council wi11 review the numbers again for a go-no go decision in mid to lafie January. Council was further assured that if the "deals" didn't make sense closer to the transaction time, the town did not have to pull the trigger, thus there is no "downside." During his presentation, Jeffers also indicated it is considered a good refinancing {by the GFOA) if up to a 3% savings on current bonds is accrued, while in the case of the forward refunding, the town should appreciate a 5°10 savings. Bill Jewitt indicated this was in alignment with Council's "new fiscal path." There was also discussion revolving around the "cost" to the town for these transactions, with figures shared regarding the surety bond, underwriter's discount of 1 %, bond insurance premium, and the overall cost of issuance. The fifth item on the agenda was the Town Manager's Report. Mayor Ludwig Kurz used the opportunity during the Town Manager's Report to announce a new meeting schedule for the Town Council, one of several outcomes of a Council retreat on November 14 and 15. Afternoon work sessions have been cut in half and will take place on the first and third Tuesday of the month to coincide with the regular evening meeting schedule. As there was no further business, the meeting was adjourned at 5:35 P.M. OF ~,~ Ste' Respectfully submitted, ~~ ~~ Ludwig Kurz, ayor ATTEST: ~ai.4R 1 orel~ Donaldson, Town Clerk Minutes taken by Pamela A, t3randmeyer VAIL TOWN COUNCIL EVENING MEETING TUESDAY, DECEMBER 4, 200'1 7:00 P.M. TOV COUNCIL CHAMBERS The regularly scheduled meeting of the Vail Town Council commenced at approximately 7:00 P.M. on Tuesday, December 04, 2001. Members Present: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby Staff Present: Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Ghiqui Hoffmann, owner of the Laughing Monkey clothing store in Vail, appeared befiore the Council, expressing her concern about parking in Vail, shopping buses, and taking customers to near-by discount stores. Hoffmann suggested the town allow for a parking discount for not leaving the parking structures until after 7:00 p.m. Hoffmann also suggested Christmas carolers, Santa Claus, and other attractions to keep shoppers in Vail. Hoffman asked for a response from the Council. Mayor Kurz stated the Council could not make a response at this time but would schedule her concerns far discussion. Hoffman encouraged the Council not to wait, that the merchants needed immediate help. Town Manager McLaurin suggested Stephen Connolly, Vaii Chamber and Business Association, take a leadership role in this effort. Kaye Ferry, Vail Chamber and Business Association, expressed complaints she had heard over the weekend regarding parking. Ferry urged the Council to begin immediately on a summer marketing plan to offset what she predicted to be a devasting winter season for Vail businesses. Gretta Burke from Cabbage and Kings in Lionshead, expressed her concerns regarding sales in her business in ratio to the cars on the Frontage Road. Burke urged the town to come forward to do what it can to help local businesses come • up with a solution as soon as possible. Jim Lamont, Vail Village Homeowners 1 Association, stated his Board was scheduled to meet on December 27th, and expressed their concerns about the economy in Vail. Lamont also called upon the elected officials . and the business community to come up with a creative short-term plan for the business owners. Rick Sackbauer, Vail Valley Exchange Sister Cities program, announced that two Australian exchange students were an their way to Vail this week to spend the winter season with a host family in Vail. The second item on the agenda was the Consent Agenda. Under the Consent Agenda, Greg Moffet made a motion #o approve the November 6 and 20, 2001, minutes, as corrected. Bill Dewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The next item under the Consent Agenda was Ordinance #32, SDD#0, Second Reading, an ordinance amending the approved uses of Special Development District O. No. 6, Vail Village Inn, Phase IV, to allow for the conversion of accommodation units to Type Ill Employee Housing Units, and setting forth details in regard thereto. Greg Moffet made a motion to approve Ordinance #32, on second reading. Chuck Ogilby seconded the motion. A discussion followed regarding the reason behind the ordinance. A suggestion was made to move the information in Section 4 of the ordinance to Section 5, regarding expiration dates. Greg Moffet amended his motion to include the suggested change. Chuck Ogilby amended- his second. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was the appointment of one Planning and Environmental Commission (PEC) member. Council had in#erviewed the applicants at the work session earlier in the afternoon. A secret ballot was conducted by the Council. Greg , Moffet then moved to appoint Eric Shirley to the PEC Board. Bill Dewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Mayor Kurz thanked the other applicants for applying and encouraged those not selected to express their interest in March when several vacancies would occur on the board. The fourth item on the agenda was a presentation on the Colorado Wilderness Act of 2001. George Ruther, head of planning, addressed the Council stating the staff had been invited on tours of the areas of concern. A presentation was mde by Chris Aaron of Congresswoman Diana DeGette's .office. Arn Menconi, County Commissioner, also spoke in support of the program and asked for support of Council by resolution to express exactly how the town feels about wilderness, Diana Donovan expressed her hope that the town would support a resolution. Chuck Ogilby seconded Diana's comments. Rad Slifer agreed with what had been said and requested staff to prepare a resolution supporting the Wilderness Act. The fifth item on the agenda was the first reading of Ordinance #33, Property Tax Ordinance, an ordinance providing for the levy assessment and collection of town ad 2 valorem property taxes due far the 2001 tax year and payable in the 2002 fiscal year. Steve Thompson, Finance Director, stated this ordinance was required to adopt the mill levy and collect property taxes in 2002. Thompson stated that because the final numbers from the county would not be available until December 15, 2001 the mil! levy was set at a different time than the approval of the budget. Greg Moffet made a motion to approve Ordinance #33, and Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously. Thompson stated the total revenue to the town would be approximately $200,000. The sixth item an the agenda was the first reading of Ordinance #34, Supplemental Appropriation #3, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Dispatch Services Fund, and the Reai Estate Transfer Tax Fund for the 2001 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth. herein; and setting forth details in regard thereto. Steve Thompson, Finance Director, presented this ordinance to the Council, stating this supplemental appropriation was for $333,243 which would be partially funded by $136,425 in additional revenues. Thompson stated a supplemental appropriation was needed to fund new projects ar programs, like the Dobson Ice Arena doors and Vail standards or to fund unanticipated expenses like the excess natural gas costs. After some discussion, Dick Cleveland made a motion to approve Ordinance #34, Series of 2D01, on first reading. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was the first reading of Ordinance #35, Series of 20D1, 457 Resolution -First Amendment To The Town Of Vail Deferred . Compensation Plan. Finance Director Steve Thompson presented this ordinance, stating it was effective January 1, 2000. Greg Moffet moved to approve Ordinance #35, on first reading. Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was Resolution #12, Redemption of Town of Vail, Colorado Single Family Revenue Refunding Bonds. A R>=soLUTION AUTHORIZING THE REDEMPTION OF THE TOWN OF VAIL, COLORADO, SINGLE FAMILY REVENUE REFUNDING BONDS, 1992 SERIES A (THE "BONDS"~; AUTHORIZING THE SALT= OF THE MORTGAGE LOANS HELD WITH RESPECT TO TWE BONDS; AUTHORIZING THE EXECUTION OF DOCUMENTS AND INSTRUMENTS NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; MAKING CERTAIN APPOINTMENTS AND DESIGNATIONS; AND CONTAINING OTHER PROVISIONS RELATING THERETO. Mayor Kurz advised the Council had a detailed discussion at last meeting: Steve Thompson, Finance Director, gave an overview, stating this resolution would authorize the redemption of the town's single family mortgage revenue bonds which were issued in 1979 on the Pitkin Creek project and refinanced in 1992. The liquidation, scheduled i to occur on December 11, 2001, would allow the town to retire the bonds eight years 3 early for a net savings of $215,000. Steve Jeffers, of George K. Baum, addressed the Council regarding the background behind this resolution, stating the town had little to no risk in moving forward with the transaction and that the mortgage holders would be unaffected by the transaction. Greg Moffet made a motion to approve Resolution #12, and Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Jeffers stated he would be getting back to staff in approximately a week to present a final amount. Greg Moffet then brought up the topic of the Vail Bike Taxi management plan as discussed in the afternoon work session. Operated by Adam Palmer, director of the Eagle Valley Alliance for Sustainability, and Jim Mortenson, Vail mountain bike race series pro champion, the bike taxi plans to give visitors an alternate environmentally- friendly way to be transported to and from the ski lifts. Greg Moffet made a motion to approve the proposed operating plan with the additional approval of Hanson Ranch Road, Willow Bridge. and Meadow Drive as proposed. Rod Slifer seconded the motion. A vote was taken an the motion and the motion passed unanimously. The ninth item on the agenda was the Town Manager's Report. Bob McLaurin stated he had nothing to add to the report. Diana Donovan suggested having the packet out on Thursday rather than Wednesday. Mayor Kurz stated he felt having the packet ready closer to the meeting date would include most of the information relating to the upcoming meeting. Greg Moffet suggested having some items sent to Councilmenbers earlier (by fax or e-mail). McLaurin requested Councilmerrmbers let him know if they wanted their packets delivered to them. Chuck Ogilby brought up the discussion earner in the meeting with Stephen Connolly regarding the assignment given today at work session. Bob McLaurin stated he felt it was appropriate for the business community to take the lead in "jump starting" the Village marketing. Suggestions from the Councii included asking Stephen Connelly to be the guru to go out and get ideas. Rod Slifer stated the town had committed a lot of money to marketing which may need to be reallocated. Chuck Ogilby suggested making the VCBA an ad hoc committee for economic development. Ogilby stated he was a little uncomfortable with not helping more with VCBA. Diana Donovan suggested bringing the commercial property owners on board in the discussions and asked Stephen to invite them to participate. As there was no further business, Greg Moffet made a motion to adjourn and Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 8:35 P.M. C. 4 • • ~~i~~~V tt9iil! Il it iP1Plllpppptp~, .~4,`V ....LL,..,,,,,,,,~,47~ ,r~. ~~ _ Respectfully submitted, ;~ E ~, ~, ~ -~~ ',~'''%..„C~lO~F~~~,~•~~ Ludwig Kt~, Mayor ~liprlblli3lltUt-ti1u~~U`1~ ATTEST: ~_ ~~ ~ .. ore~ei Donaldson, Town Clerk Minutes taken by Mary A. Caster VAIL TOWN COUNCIL EVENING MEETING TUESDAY, DECEMBER 18, 2001 7:00 P.M. TOV COUNCIL CHAMBERS The regularly scheduled meeting of the Vail Town Council convened at 7:00 P.M. in the Town of Vail Council Chambers. MEMBERS PRESENT: STAFF MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Greg Moffet Chuck Ogilby Bill Jewitt Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Georgine Burton, West Vail resident, addressed the Council complaining of no heat in her unit at Aspen Tree Condominiums. Burton presented a letter to the Council describing the events leading up to her visit to the meeting. Mayor Kurz advised Burton the matter of concern would be looked info. The second item on the agenda was the presentation of Youth Recognition/Ambassador Awards. Assistant Town Manager Pam Brandmeyer addressed the Council, stating the two award winners were unable to attend the meeting last month when the other award winners were introduced. Sybill Navas, of the Youth Award Program then introduced Christopher Atencio from Battle Mountain High School, winner of the Youth Recognition Award consisting of a $1,000 college scholarship from the town and Ariel Pierce of Vaif Mountain School, winner of the Youth Ambassador Award, traveling to Vail's sister city region in Mt. Buller, Australia next summer for asix-week stay. The third item on the agenda was the Consent Agenda. First item under the consent agenda was the second reading of Ordinance #34, Series of 2001, Supplemental #3, making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Dispatch Services Fund, and the Real Estate Transfer Tax Fund of the 2001 Budget for the Town of Vail, Colorado, and authorizing • the expenditures of said appropriations as set forkh herein, and setting the details in ~. regard thereto. Greg Moffet moved fio approve Ordinance #34, Series of 2001, and Ordinance #35, Series of 2001, deferred compensation ordinance, amending the town's 457 retirement plan to reflect changes in benefit payments. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was the Newspaper Bids discussion. Assistant Town Manager Pam Brandmeyer stated the town annually establishes a newspaper of record for all public notices. The two daily and weekly newspapers in Eagle County, the Vail Trail and the Vail Daily, responded to the town's bid request Brandmeyer stated the the bids were opened at the work session earlier in the afternoon. Town Manager Bob McLaurin recommended to the Council the award go to the Vail Daily. Greg Moffet made a motion approve McLaurin's recommendation. Bill ,fewitt seconded the motion. Diana Donovan asked how many issues of the Vail Daily were sent out of town. McLaurin responded he did not know but would be happy to report back to Diana. A vote was taken on the motion and the motion passed 6-1, Diana Donovan opposing. The fifth item on the agenda was the Donovan Park Community Pavilion cost and design Town Manager Bob Mcl_aurin stated the Council would hear a brief presentation stating the last discussion regarding the pavilion was with previous Council. McLaurin stated the current pavilion was estimated to cost the town $3.5million. McLaurin stated the Council had a choice of 4 courses to take -they either loved the new design and were • ready to start construction in April, or 2) they don't want a pavilion, or 3) they like the building, design, not comfortable where the town is financially, or 4) they want a building but this is not the one. McLaurin stated if the Council wished to start over with the pavilion, it would cast additional dollars for the design. Otis Odell, architect for the project, gave an overview of the changes that had been made to the roof design as well as the air circulation system. Chris Squadra from Professional Resource Consultants, reviewed savings to the town through mechanical changes and materials, Squadra stated that the terraces had been changed to pavers from stone. Squadra also informed the Council there were now 26 solid points to the LEEDS certification, with 3 maybes. Bill ,~ewitt inquired as to the square footage numbers, and was told the pavilion was approximately 6200 square feet. Discussion followed regarding the changes to the roofline and what effect that would have on the rooms, as well as reduction in snow melt to the patio and the steps to the parking lots. Mayor Kurz polled the Council, asking for their comments. Rod Slifer stated to be consistent, he felt the architectural style was far too contemporary and should be more traditional. Slifer also felt the winter sun will be a huge heat factor from the glass on the corner of the building, citing the Hyatt in Beaver Creek with the sun in the winter time. Chuck Ogilby felt the original building was bold, and some of that had been lost with the changes made. Diana Donovan stated she felt the Council needed to wait until March to see haw the town's finances were, stating there were more important things to spend the town's money on if the town had limited dollars. Greg Moffet stated his support of the project and felt construction should start in April. Dick Cleveland stated he liked the building, but was concerned where about spending the money. Cleveland agreed with Donavan 2 and Slifer, feeling it was prudent to move forward at this paint. Bill Jewitt expressed his concern over the size and cost of the building. Mayor Kurz stated he liked the building a little less now as a result of the scale down, but felt it was important to go ahead with it, feeling it suits the community. After further discussion, Greg Moffet moved to proceed with the project. Chuck Ogilby seconded the motion. Rick Scalpello, Vail Today, addressed the Council, stated he felt no money should be spent until the spring after knowing the results of the season. Scalpello felt the Council was showing a lack of trust in people voting for them. A vote was taken and the motion was defeated 4-3, Diana Donovan, Bill Jewitt, Dick Cleveland and Rod Slifer voting against. Diana Donovan then moved to look at financial picture at the beginning of February or March to see where the town was financially, and then make a decision on the pavilion. Greg Moffefi seconded the motion. A vote was taken on the motion and the motion passed 5- 2, Chuck Ogilby and Rod Slifer opposing. The sixth item on the agenda was the approval of l=ord Park Managed Parking Plan far Summer 2002. Diana Donovan made a motion to approve the plan as presented at the earlier work session by Assistant Town Manager Pam Brandmeyer. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was Resolution #15, Series of 2001, Inducement • Resolution Bond -Mountain Bell. Nina Timm, Housing Authority Administrator, stated Coughlin and Company, the developer selected by the Vail Local Housing Authority for the Mountain Bell Site, would be applying to the State of Colorado for Private Activity Bonds. In order to have a complete application an Inducement Resolution must be passed by the local, sponsoring municipality. Timm stated In order to achieve affordable rents the Developer of the Middle Creek project (aka Mtn Bell) will be applying to the State of Colorado for tax-exempt Private Activity Bonds. The Tax Code requires that a municipality issue these bonds. The Town of Vail would be acting simply as a conduit for the issuance of the bonds and will not assume any financial obligation for the repayment, nor will the Town have any liability to the purchasers of the bonds. A motion was made by Dick Cleveland to approve Resolution #15. Bill Jewitt seconded the motion. A vote was taken and the motion passed, 6-1, Diana Donovan opposed. The eighth item on the agenda was Ordinance #33, Series of 2001, second reading, an ordinance providing for the levy assessment and collection of town ad valorem property taxes due for the 2001 tax year and payable in the 2002 fiscal year. Finance Director Steve Thompson stated the total assessed valuation of property in Vail was $560 million for the 2001 tax year. As a result, the town has budgeted collections of $2.6 million in property tax revenues for 2002, which represents about $ percent of the town's total estimated annual revenues. Thompson stated the town stands to gain approximately $200,000 in additional property tax revenues for the year due to voter approval of a "de-Brucing" measure in 1999^ Greg Moffet made a motion approve Ordinance #33, Series of 2001, an second read'[ng. Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The ninth item on the agenda was Resolution No. 13, Series of 2001, a resolution by the Vail Town Council adopting the 2001 Eagle Valley Regional Trails Plan, prepared by the Eagle County Regional Transportation Authority with the participation of the communities within Eagie County. The Council listened to a brief presentation on the proposed Resolution No. 14, Series of 2001, On April 9, 2001, supporters of the Eagie Valley Regional Trails Plan made a presentation to the Town of Vail Planning & Environmental Commission on the aspects of the trails plan. Upon listening to the presentation and engaging in a discussion about the Plan, the Commission voted 5-0 to recommend approval of the plan to the Vail Town Council for adoption. Dick Cleveland made a motion to approve resolution. Bill Dewitt seconded the motion. Rod Slifer expressed the importance of completing the entire system. Diana Donovan pointed out errors in Exhibits 19 and 25 of the plan. A vote was taken on the motion and the motion passed unanimously, 7-0, with Diana's comments included. The tenth item on the agenda was Resolution No. 14, Series of 2001, a resolution by the Vail Town Council expressing the Town of Vail's support for the proposed Colorada Wilderness Act of 2001. George Ruher, head of planning, addressed the Council, stating the Council listened to a brief presentation on December 4, 2001, by the supporters of the Colorado Wilderness Act of 20011 on the aspects of the legislation. Upon listening to the presentation and engaging in a discussion about the Act, the Vail Town Council directed s#aff to prepare a resolution that expressed the Town's support of the Colorado Wilderness Act of 2001, which was being presented at this evening's meeting. Diana Donovan ,expressed her feeling that the warding after the "now therefore" in the resolution needed to be stronger. Under "Local area supports" Donovan felt it should read "strongly supports". Greg Moffet moved to adopt Resolution #14, Series of 2001, making the above noted change. Chuck Ogilby seconded the motion.. Diana Donovan also proposed adding "strongly" in front of "urges" in the resolution. Moffet amended his motion and Ogilby amended his second. Tom Steinberg, tong time citizen and former councilmember, addressed the Council, stating this was an economic issue, that designating wilderness would make this area a much stronger tourist attraction. Andy Weisner addressed the Council, thanking them for passing this ordinance. Gye Ayrault expressed his support for approving this proposal. A vote was taken on the motion and the motion passed unanimously, 7-0. The eleventh item on the agenda was the Town Manager's Report. Bob McLaurin stated he had nothing further to add to the report. Greg Moffet wished the community a happy and profitable holiday and moved to adjourn the meeting. Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned at 8:45 P.M. 4 submitted, ~t;,:sssjst~ia~a~~r„az,,.. ~GtfUI~Y ,.l ~`~ ~ ' `' .~ Kurz, ay I_ud`N+~ Q p,TT , ~~' ~,~ ~orele- Donaldson Town Clerk p~s~utes taken hY NIarY ~' faster • •