HomeMy WebLinkAbout2011-07-19 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, July 19, 2011
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Kerry Donovan
Kim Newbury
Margaret Rogers
Susie Tjossem
Kevin Foley
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. There was no public input.
Foley said the Council sends their condolences to the Jamie Garrett family.
The second item on the agenda was a discussion on the proposed North West
Colorado Council of Government (NWCCOG) Economic Development Bylaws and Articles
Resolution and Discussion.
Rachel Lunney with NWCCOG reviewed the Economic Development Bylaws and Articles
of Resolution with the Council. She said NWCCOG is applying to be an Economic
Development District. The district has a board of directors comprised of public and
private sector members. This creates two side by side board of directors, one for the
NWCCOG and one for the Economic Development District. The development district
bylaws and articles need to be ratified by a majority of their members to move forward.
They have a meeting scheduled for July 28, 2011, in Basalt, CO, to approve this.
Cleveland stated it does not change the dues or functions. Lunney said the new district
will function like a program of NWCCOG. There are twenty-one board of directors that
will be on the economic development district. Daly made a motion for the Mayor to
sign an economic development resolution approving the bylaws and articles for the
Economic Development District and the motion was seconded by Donovan. A vote was
taken and the motion passed, 7-0.
Vail Town Council Meeting Minutes of July 19, 2011 Page 1
The third item on the agenda was Proclamation No. 4, 2011, the recognition of First
Lady Betty Ford.
Mayor Cleveland stated President Gerald R. Ford and Betty Ford made great
contributions to Vail and Eagle County. Margaret Rogers stated it was her privilege to
read Proclamation No. 4, 2011, honoring and recognizing First Lady Betty Ford into the
town's record. Cleveland said it was the Council's honor to recognize Betty Ford for her
many contributions to Vail over the years and thanked Mrs. Ford and President Ford for
their contributions to Vail.
The fourth item on the agenda was the Town Manager Report. There was nothing to
report.
The fifth item on the agenda was second reading of Ordinance No. 14, Series of 2011,
An ordinance making supplemental appropriations to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, and Marketing Fund of the 2011
Budget for the Town of Vail, Colorado; and authorizing the expenditures of said
appropriations as set forth herein; and setting forth details in regard thereto.
Kathleen Halloran, Budget Manager, stated the changes were made from the last
meeting and were on the memorandum. Daly said he will not support the supplemental
budget as the environmental portion does not make good economic sense.
Foley made a motion to approve Ordinance No. 14, Series of 2011, on second reading
and the motion was seconded by Rogers. A vote was taken and the motion passed, 6-
1, with Daly opposing. Rogers stated when staff meets the criteria set by Council for a
project, Council needs to support staff.
The sixth item on the agenda was the Conference Center Fund Ballot Question Survey
Research.
Stan Zemler, Town Manager, stated they have been discussing this issue over many
months and have vetted this information within the community. Staff has reduced the
projects down to three projects; 1) renovation of the Vail Golf Course Clubhouse which
would include the Nordic center and a new pavilion; 2) the Ford Park sports complex
field expansion and restroom renovation; and 3) the Ford Amphitheater improvements.
Zemler said at the May 3rd Council meeting, campaign strategist David Cunningham of
Summit Information Services answered questions about successful ballot campaigns.
This discussion was a continuation of the Council's information -gathering on how best
to present a question(s) to the voters on reallocation of the conference center funds.
Based on the May 3rd discussion, the Council directed staff to return with information
Vail Town Council Meeting Minutes of July 19, 2011 Page 2
on qualified research firms, methods and associated costs to field a telephone survey to
be used to help shape a ballot question(s) for the November 8, 2011, election.
Proposals from two firms were reviewed by the Council on May 17, 2011. Andy Daly
and Kerry Donovan volunteered to assist in the selection of a firm and development of
the survey questions. Public Opinion Strategies was selected to conduct the research.
Registered voters within the Town of Vail were contacted randomly to participate in the
telephone survey. The field work was conducted from June 23, 2011, through July 12,
2011, and resulted in 150 responses. Zemler introduced Lori Weigel to review the
outcomes with Council.
Lori Weigel, a partner from the Colorado office of Public Opinion Strategies, has been in
Colorado for thirteen years and has done other surveys, including surveys at the state
level as well. She presented the findings of the survey. The survey was a group
process. June 26 through July 10"' the survey was presented to residents that were
registered voters. She reviewed the PowerPoint with Council. She said two-thirds of
residents indicate they would support such a ballot measure. 67% said yes (definitely
yes was 37%; probably yes was 30%) and 27% said no (definitely no was 17% and
probably no was 10%) and 5% were undecided. She reviewed the comments made by
those that said they would vote no (see memorandum attached to the agenda). One of
the most important issues facing Vail was parking (37%). Most who oppose the
proposal would not change their position based on the removal of any single element.
The majority of those surveyed believe the proposal will help the economy and help
improve the quality of life in Vail. Even with additional background information, it didn't
change the view points of those who would vote no. About two-thirds of those
surveyed stated they had been following the issues related to the conference center tax
closely (19% closely and 46% somewhat closely). Residents who have followed this
issue were more supportive of the measure. Residents perceive greater community
benefit from expanding and improving facilities than from reducing the lodging tax.
81% stated investing the funds in expanding and improving the Vail Golf Course
Clubhouse and Nordic center, Ford Park sports complex and Ford Amphitheater would
greatly benefit the Vail community.
The bottom line on the survey showed residents responded positively to the proposal to
use the collected funds for improvements within the town without raising taxes. There
is a widespread perception that these projects benefit the community more so than
returning the funds to future guests. And opposition is mostly based on a concern about
the many pressing needs that affect the community and county and whether funds
could address those instead. Basic improvements and those that can create new
revenue are better perceived than less constrained improvements.
Cleveland asked about next steps. Zemler thanked Lori Weigel, Susie Tjossem, Kerry
Donovan, Kent Logan and Suzanne Silverthorne and all those who helped with the
Vail Town Council Meeting Minutes of July 19, 2011 Page 3
survey. Council needs to pass a resolution to add the ballot language to the November
8, 2011, election ballot. They need to have a discussion at the August 2, 2011, council
meeting and pass the resolution no later than the August 16, 2011, meeting.
Rogers stated since they received positive feedback, will the ballot language be
changed. Mire said no, the ballot language would probably not be changed. Donovan
said she wants clarification on the Ford Amphitheater part of the question. Rogers
asked where the $2.3 million in additional revenue figure comes from. Daly said it
would be helpful to come up with a plan to educate the community. Zemler said he
wants some commitment letters from the partners in writing before we put this on the
ballot for their portion. Mire said a memorandum will be prepared to address what the
Council and town staff can and can't do to help educate the community. Cleveland said
each of them will have to take the initiative to talk to community. Mire said there is one
time in which they can address and state their support through an approved resolution.
Cleveland thanked Lori Weigel for her help in gathering the information.
The seventh item on the agenda was Ordinance No. 16, Series of 2011, an ordinance
amending Title 4 Chapter 2 of the Vail Town Code by the Addition of a New Section 4-
2-6 Governing Special Event Liquor Permits.
Matt Mire, Town Attorney, said the Colorado General Assembly adopted Senate Bill
11-066, which takes effect August 10, 2011, and which allows local licensing authorities
to assume sole authority to approve or deny applications for special event permits to
serve alcohol. Ordinance No. 16, Series of 2011, will enable the Council to elect local
control over special event permitting as allowed by Senate Bill 11-066.
Newbury made a motion to approve Ordinance No. 16, Series of 2011, on first reading
and the motion was seconded by Donovan. A vote was taken and the motion passed
unanimously, 7-0.
The eighth item on the agenda was second reading of Ordinance No. 15, Series of
2011, an ordinance amending Title 6, Chapter 5 "Special Event Designations", Vail
Town Code; and Setting Matt Mire, Town Attorney, said in June of 2001 the Council
approved Ordinance 12, Series 2001, which provides for both a curfew and a special
event district to be created on July 4 and December 31 of each year for the purpose of
"maintaining public peace and order during these two holiday celebrations." On June
211 2011, the Council provided clear administrative direction to the Town Manager that
the curfew and the special event district were not necessary for the town's 2011 Fourth
of July celebration and, therefore, were not to be established or enforced. By this
Ordinance, the Town Council desires to ratify the administrative direction given to the
Town Manager as it pertains to the Town's July 4, 2011, celebration and to provide
certain clarifying amendments to the town code as they relate to special event
designations.
Vail Town Council Meeting Minutes of July 19, 2011 Page 4
Newbury made a motion to approve second reading of Ordinance No. 15, Series of
2011, and the motion was seconded by Donovan. A vote was taken and the motion
passed unanimously, 7-0. Foley said the reason they are keeping it at the discretion of
the Council is because the need to enforce may change in future years.
The ninth item on the agenda was a discussion of Ever Vail and the focus was on
addressing several questions raised at the July 5th Town Council public hearing which
focused on responding to questions from the previous meeting regarding the height,
setbacks, and landscape area for the proposed Ever Vail development. The session
included a power point presentation and showing of the 3D model which has been
created and will revisit the proposed view corridors and pedestrian connections.
Warren Campbell, Chief Planner, reviewed the questions from the July 5t�' meeting that
were in the memorandum attached to the agenda.
Dominic Mauriello, with Mauriello Consulting Group, representing Vail Resorts
Development Company, stated the first question regarding the occupancy rate of the 39
attached accommodation units in Arrabelle at Vail Square was still not available at the
time of the submittal. Mauriello said the participation rate was more important as that
creates near statistics of 48%-55% occupancy rates. There is a close connection
between all types, hotel rooms versus lock -offs.
As for question two regarding the Vail Recreation District's (VRD) participation in the
Ever Vail space they have set aside for that purpose, Daly asked the VRD what they
plan on doing with the space set aside for them and will they participate. Mike Ortiz,
Executive Director of the VRD, stated they are interested; however, it's too early and
they don't know what is going to happen at this time. The VRD can't presently make a
commitment when they don't know when the project will start or when it will be
completed.
Campbell continued the review of the questions and answers of twelve questions asked
by the Council at the July 5t' meeting. Rogers asked that under question #9,
something be added to the DIA or another document that if the creek needs to be
repaired the applicant will pay to get this done or the town can do it but the town
would be reimbursed for the expense by the applicant.
Cleveland said there needs to be a bike lane on each side of the Frontage Road, not a
bike path or pedestrian path, but an actual bike lane in the shoulder of the road.
Cleveland said the south side of the creek should be for pedestrians.
Cleveland asked if there were any further questions.
Vail Town Council Meeting Minutes of July 19, 2011 Page 5
Mauriello went through the power point presentation regarding the Glen Lyon Office
Building site and presented a 3D model of the Ever Vail site. He reviewed site sections
of the project including bike lanes, landscape areas, and street lanes. He said there is
approximately forty feet of separation between the buildings and the road. Mauriello
also discussed view corridors. The sixth proposed view corridor would be looking south
to the proposed park area confluence of Red Sandstone Creek and Gore Creek and the
lift line up Vail Mountain. The seventh view corridor would be seen from the Central
Plaza up the lift line of the Ever Vail gondola. And view corridor number eight is
intended to provide a visual connection to Lionshead and is seen from the pedestrian
connection into Ever Vail from West Lionshead Circle.
Donovan asked why there wasn't an East/West view corridor. Ruther said the PEC
didn't think that view was a significant view to be protected and view corridor number
eight was more significant. Ruther stated the view wasn't about a view to the
mountains or environment. It was a view to the other Lionshead areas, the visual
connection that pedestrians need to move east to west in Lionshead and is necessary
for an orientation view.
Daly said the view corridors are to draw people to the main Lionshead area, it's not a
view for a park or plaza. He said this isn't laid out like the other view corridors. Daly
said they could remove part of the south and east part of a building to create a plaza or
open up this area and move the view point north and east for a better view. Ruther
said staff will respond to this question and share the information the PEC saw with
traffic studies. Daly wants to cut back the building twenty feet. Ruther said they
opened up this area sixty feet to further improve the view corridor. He said they will
bring back information that the PEC saw to make the decision on this view corridor.
Mauriello reviewed the pedestrian connections, landscaping and comparables to Vail
Village and Lionshead.
Cleveland said he doesn't like to mix pedestrians and bicycles. He wanted the Gore
Valley Path for pedestrians and wants it heated and a bike lane on the Frontage Road
for bicyclists. Rogers said when you have one wide bike lane on the road and a curb on
the other side, bicyclists tend to go the wrong way which is dangerous.
Jim Lamont, Vail Homeowners Association, said the view should be protected from the
west end of Lionshead. He wants to have the applicant and staff address what
happens after the Ever Vail approval and when it's completed. He stated this is a rare
chance to make sure everything is in its right place and that it gets built right. He said
to give the public a lot more time to understand what has been agreed to between the
parties involved: the town, the water and sanitation district and Vail Resorts. He wants
to make sure the main plaza out over the sewer treatment plant has a view. Also, in
the DIA, he wants trigger points added that state once development begins to occur.
Vail Town Council Meeting Minutes of July 19, 2011 Page 6
the infrastructure is built first. So between all parties they arrive at what the trigger is
and give guidance of what happens next. Eric Berkins, a resident, said his concerns are
the height of the hotel, maintenance, landscaping and ADA access on the pedestrian
paths.
Mauriello stated key topics for future discussion include follow up on the bulk and mass
presentation; phasing; discussion of properties adjacent to Ever Vail and the future of
the Eagle River Water and Sanitation District sewer treatment plant; the Developer
Improvement Agreement; review of the major subdivision; review of proposed rezoning
Ordinance No. 7, Series of 2011; the amendment to SDD No. 4, Cascade Village
Ordinance No. 8, Series of 2011; and the zoning regulations amendment Ordinance No.
9, Series of 2011.
Ruther said input for next steps include sharing in detail recommendations by the PEC,
wrap up of master plan amendments, zoning, major subdivision, other applications
including core area parking and transition into zoning, SDD amendments, phasing and
the Developer Improvement Agreement. He said the discussion will be primarily done
by staff.
Rogers said she wants stipulations of what happens if they don't comply or complete
what they state they are building and a time line.
Campbell said requested Council continue the public hearing on the request for the
Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6,
Series of 2011 to the August 2, 2011, public hearing.
Daly Made a motion to continue the request for the Major Subdivision, Ordinance No. 7,
8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 2, 2011,
public hearing and the motion was seconded by Donovan. A vote was taken and the
motion passed unanimously, 7-0.
The tenth item on the agenda was adjournment.
Newbury made a motion to adjourn and the motion was seconded by Foley. A vote
was taken and the motion passed unanimously, 7-0. The meeting was adjourned at
8:45 p.m.
Respectfully submitted,
Dick Cleveland, y r
Vail Town Council Meeting Minutes of July 19, 2011 Page 7
Attest:
(�;releObonaldso*n, Town Clerk
Vail Town Council Meeting Minutes of July 19, 2011 Page 8