HomeMy WebLinkAbout2009-08-18 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, August 18, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Not present: Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
There was none.
The second item on the agenda was a Town Manager's Report.
a. Stephens Park Fire Update.
Fire Chief Mark Miller provided details about the Stephens Park Fire during the Aug. 18
evening Vail Town Council meeting, noting the fire stopped just 20 feet from
becoming much more serious than it was. The wildfire was reported just before 4 p.m.
on Aug. 7 and was contained to one acre following a quick response from 14 agencies,
including a helitack unit from Rifle. Miller said the fire triggered a seamless response
from multiple agencies who continuously plan and train for such events. Lessons learned
from the incident will help agencies become even better prepared in the future, he said.
The fire was located 1,000 feet above 13 acres of a 180 acre defensible space area
created in 2007 and 2008, a little less than two miles from Eagle's Nest on Vail Mountain
and 1,500 feet from homes in the Highland Meadows neighborhood. The response
included the evacuation of Vail Mountain as a guest -safety precaution. The fire was
fueled by grass and heavy timber with standing dead trees as well as many dead trees
that had fallen, creating large amounts of fuel for the fire and difficulty in accessing the
area. Chief Miller says the defensible space that surrounds the town was a component
in the fire's containment and he's asking residents to assist in creating defensible spaces
within Vail's neighborhoods for additional protection. "All the planning that has taken
place over the last several years really paid off ... We knew what it was like to work
together ... We worked well together ... The defensible space efforts have paid off ... I'm
proud of the guys and all of the planning that has gone on over the years." Gordon
thanked staff for their commitment to the training.
The third item on the agenda was an option to redevelop the LionsHead Parking
Structure.
Town Attorney Matt Mire asked Council to authorize and direct the Town Manager to
send a letter to Open Hospitality Partners ("OHP") on behalf of the Town of Vail (the
"Town") declining the counteroffer from OHP dated July 28th and terminating
negotiations relating to the redevelopment of the LionsHead Parking Structure. On July
15, 2009, a letter was sent on behalf of the Town to Mark Masinter of OHP
acknowledging that the Developer Improvement Agreement, dated October 16, 2007,
between the Town and OHP pertaining to a proposed redevelopment of the LionsHead
Parking Structure (the "Property") had expired by its own terms. The letter went on to
offer OHP an option to redevelop the Property pursuant to certain terms and conditions
of a Development Option Agreement (the "Option Agreement") which was attached to
the letter. On July 28, 2009, Mr. Masinter, on behalf of OHP, responded via
correspondence to the Town's offer of a development option with a counteroffer which
substantially modified the terms of the draft Option Agreement. Masinter requested a
tabling due to a death in his family and his inability to be at the meeting. Gordon moved
to table the item with Hitt seconding. Rogers emphasized the issue needed closure. "It
closes the door finally on all the hanging threads that we have." During a pause for
public comment Kaye Ferry and Greg Moffet spoke in support of tabling the item.
Cleveland said he was prepared to terminate the relationship with Masinter. "The
discussion is purely our response to Mark's counter offer." Vail Homeowner's
Association representative Jim Lamont commented, "I think we have gotten way to far
over the past few years on this franchise business... Depriving the public of comment on
this is unconscionable." The motion passed 4-2, with Rogers and Cleveland opposed.
The fourth item on the agenda was the Second reading of Ordinance No. 17, Series of
2009, An ordinance submitting to the registered electors of the Town of Vail, Colorado,
at a regular municipal election to be held on November 3, 2009, a ballot question to
amend Section 3.2 of the Town of Vail Charter regarding Town councilmember terms of
office.
After attempting several approaches to address inconsistencies with the Vail Town
Charter as well as certain conflicts with state election laws, the Town Council voted to
deny approval of an ordinance that would have placed a measure before voters on the
Nov. 3 ballot as it relates to council terms and term limit provisions. In reviewing second
reading of the ordinance that would have established the ballot question, council
members expressed mixed opinions as to whether the ballot should specify a term limit
of three consecutive terms, where an official would serve anywhere from six to 12 years
depending on election outcomes, versus two consecutive terms, where an official would
serve anywhere from four to eight years. The Town Charter establishes term limits of no
more than eight consecutive years. There was also discussion about the merit of
retaining two-year terms for the fourth highest finisher in the election. The Town Charter
currently specifies the top three finishers in Vail's municipal elections receive four-year
2
terms, while the fourth -highest finisher receives a two-year term. The intent is to provide
for a turnover of the Council majority every two years. The Colorado Constitution defines
terms as four years and states that elected officials may not serve more than two
consecutive four-year terms in office. The discrepancy had resulted in the town's request
for a legal opinion which advised that town council members who are approaching term
limits would be eligible to serve four-year terms if re-elected. Cleveland said he was
uncomfortable with allowing three four year terms. Rogers spoke in support of two four
year terms. "I don't believe we should have anyone serving twelve years up here." Daly
said the status quo all ows the public to "throw the scoundrels out, if they've been
scoundrels." During a pause for public comment, Greg Moffet spoke in support of the
status quo. Mire said to make the issue more complicated would not serve a purpose.
Kaye Ferry asked why Council members could not be limited to serving eight years. Vail
Homeowner's Association representative Jim Lamont spoke in support of everyone
being treated equally by being able to serve eight years. "The community appreciates a
cleansing process with its elected officials." Rogers moved to disapprove the ordinance
with Gordon seconding. The motion passed 4-2 with Gordon and Rogers voting against.
The fifth item on the agenda was Adjournment.
Hitt moved to adjourn with Foley seconding at 6:59 p.m. The motion passed
unanimously, 6-0.
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