HomeMy WebLinkAbout2011-08-02 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, August 2, 2011
4:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 4:00
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 the Consent Agenda. Each item was discussed and
passed separately. The consent agenda included:
1) Approval of the July 5 and 19, Council meeting minutes;
Foley made a motion to approve with minor corrections; and the motion was seconded
by Newbury. A vote was taken and the motion passed unanimously, 7-0.
2) Approval of Resolution No. 13, Series of 2011 A Resolution Approving an
Intergovernmental Agreement between the Town of Vail and the Eagle River Water and
Sanitation District.
Daly felt in section three of the resolution, the base rate being increased annually at 3%
should be removed. Cleveland stated the town should be treated equal to every other
customer the district has. Thus, language on pages three and four will be removed.
Left in place will be the final sentence in section four, which reads, 'The Raw Water Use
Fee shall not be charged during such times as the Town is using domestic water for
irrigation purposes, in which case the Town shall be charged pursuant to the District's
treated domestic water rates." Also, under Section 8, Failure to Deliver Operations,
Cleveland noted there was no incentive on the District's side to fix a problem. Daly said
due to some failure on their part, the District should sell treated water at the irrigation
rate. The tiered rate is always lower than the irrigation rate. Staff was instructed to
Town Council Meeting Minutes of August 2, 2011 Page 1
negotiate the base rate under Section 3. Daly moved to approve Resolution 13 with the
amendments and the motion was seconded by Foley. A vote was taken and the motion
passed unanimously, 7-0.
3) Approval of Resolution No. 14, Series of 2011 A Resolution to Ratify the Amended
Articles of Association of the Northwest Colorado Council of Governments (NWCCOG).
Newbury moved to approve Resolution No. 14, and the motion was seconded by
Donovan. A vote was taken and the motion passed unanimously, 7-0.
4) #7 Hole Electric Line Burial.
Daly noted because this was a comprehensive bidding process with six contractors
bidding, he was comfortable directing the Town Manager to sign the contract with Icon,
Inc., in an amount not to exceed $127,572.25 and the motion was seconded by
Donovan. Rogers was concerned there was too much of a variance between high and
low bidders. Chad Salli, with Public Works, explained this was a different methodology
as this was a unit price project, not a guaranteed price. Salli also noted this contractor
had "set the standard" with the South Frontage Road project. Rogers still stated she
would like to hear how the stream crossing and mobilization comes out. A vote was
taken and the motion passed unanimously, 7-0.
5) 2011 Street Maintenance Project, Crack Sealing.
Daly noted four companies had bid the project. The question was asked if there was
local participation. Salli replied in the past eight years no local companies had bid this
type of project. Daly moved to direct the Town Manager to enter into a contract with
Superior, and the motion was seconded by Newbury. A vote was taken and the motion
passed unanimously, 7-0.
6) The last consent agenda item was the Employee Housing Unit (EHU) Exchange
Requests.
Nina Timm, Housing Coordinator, explained two EHU Exchange requests to release
deed restrictions for pay -in -lieu were before the Council. Timm stated Council was
achieving what they'd set out to do and that both of these homes were required to
have the EHU occupied.
Rogers moved to direct the Town Manager to enter into these agreements, and the
motion was seconded by Newbury. It was noted the funds of $240,650 for the release
of each restriction would go into a dedicated housing fund, which could then be used to
"buy down" a unit and put a deed restriction on it, a more efficient use of resources.
Town Council Meeting Minutes of August 2, 2011 Page 2
A vote was taken and the motion passed unanimously, 7-0. Rogers motion followed the
recommended language in the August 2, 2011, staff memorandum.
Foley offered the Council's condolences to the Elliott family.
The second item on the agenda was the Town Manager Report.
Kathleen Halloran, Budget Manager, reviewed the revenue highlights with the Council.
She stated upon receipt of all sales tax returns, June collections are estimated to be
$891,791 up 2.1% from last year and 12.5% up compared to budget. Year to date
collections of $11.3 million are up 9.8% from prior year. The year to date and full year
budgets have been amended by $900,000 to reflect additional collections earlier in the
year. Year to date revenue is up 11.5% from the original budget and up 2.6% from the
amended budget. Inflation as measured by the consumer price index was up 3.6% in
June. The Use tax collections as of July 26, 2011 total $403,260 compared with
$616,163 at this time last year, down 35%. The annual budget of $500,000 projected
a decrease of 55%.
She also said the Real Estate Transfer Tax (RETT) collections through July 26, total
$2,432,738, down 29% from this time last year. Annual budgeted revenue of $4.7
million is a 32% decrease from 2010 collections. Approximately $1,100,430 or 45% is
from major redevelopment projects including Arrabelle, Four Seasons, Landmark, Manor
Vail, Mountain View, Ritz Carlton Residences, Solaris, and The Sebastian. Collections
not related to major redevelopment projects currently total $1,332,308, down 21.4%
from this time last year. In summary, across all funds and revenue accounts through
July 31, 2011, total revenue of $38.8 million is up 1.5% from budget and down 4.9% or
approximately $2.0 million from this time last year, mainly due to a decrease in RETT
collections ($1 million), the sale of the Arosa Drive duplex last year ($900K) and a
decrease in Use Tax collections ($212K). The town has currently received 68% of the
total budgeted revenues for the year.
The third item on the agenda was an update on the Gore Creek stream tract
encroachments.
Rachel Dimond, Planner, stated the staff would like direction from Council on next steps
for removal of the stream tract encroachments. She said on October 6, 2009, Council
adopted a "zero tolerance" policy for allowing private encroachments on town -owned
stream tract lands constructed without approval and instructed staff to pursue removal
of all encroachments. The town acquired stream tract properties along Gore Creek and
its tributaries over time to protect the natural riparian areas and to protect wildlife
habitat.
Town Council Meeting Minutes of August 2, 2011 Page 3
She stated most the private encroachments onto town -owned stream tracts negatively
impact the community due to sensitive riparian areas having become destabilized and
damaged, public access for recreation is limited as public property appears private, the
privatization of the stream tracts has effectively taken property from the public, water
quality has been reduced due to elimination of riparian plants and habitat, development
has occurred within the floodplain, which can have negative impacts on the flood plain
and adjacent properties and wildlife habitat, food and breeding grounds have been
threatened.
She said most of the encroachments will get resolved this year and staff understood
Council direction was to cite those that are noncompliant with "criminal trespass." She
said 43 property owners were sent letters by staff in April 2011. Of these properties: 4
completely resolved encroachments; 1 property received Town Council approval to have
the Town of Vail remove encroachments; 26 properties have agreed to remove
encroachments; 3 properties have impending site visits to discuss resolution; 8
properties have received letters according to certified return receipts but have not
contacted the Town to resolve the issues; and 1 property refuses to accept the certified
letter sent to him. Dimond also said staff will send an additional certified letter to each
property owner that has not responded in order to provide another opportunity for
owners to remove illegal encroachments. Property owners will have three business
days to respond.
Daly noted the town cannot afford further degradation of riparian zones, based on a
recent Eagle River Water and Sanitation District (ERW&SD) report Council heard in the
afternoon, and as well, this could endanger the gold medal status of Gore Creek.
Rogers encouraged staff to work closely with Town Attorney Mire on the process. Foley
asked staff to keep up the positive public relations because this is for the good of the
town.
The next item on the agenda was item number four, a discussion on Comcast services.
This item was moved to a later time as the Comcast representative had not yet arrived.
The Council heard the ninth, now fourth, item on the agenda, which was an
Emergency Ordinance No. 17, Series of 2011, an ordinance to approve the general
planning document for the 2011 USA Pro Cycling Challenge, to allow for temporary
amendments to the Town's fire lanes, no parking areas, pedestrian zones and outdoor
display and sign regulations to facilitate the 2011 USA Pro Cycling Challenge, and
setting forth details in regard thereto.
Rachel Dimond, Planner, stated the USA Pro Cycling Challenge is expected to be the
largest spectator event in Colorado history and one of the largest sporting events to
ever take place in the United States. For seven consecutive days, 128 of the world's top
'
Town Council Meeting Minutes of August 2, 2011 Page 4
athletes will race across nearly 600 miles through the majestic Rockies, reaching higher
altitudes than they've ever had to endure, more than two miles in elevation. It's the
best of the best in professional cycling, competing on a challenging course through
some of America's most beautiful scenery, including cities such as Aspen, Vail,
Breckenridge and Steamboat Springs. As the interest in professional cycling continues
to grow as a global sport (which is evident by the addition of two new UCI-sanctioned
races this year alone in Beijing and Quebec) it is fitting that the USA Pro Cycling
Challenge comes along just in time to put a stake in the ground for the United States.
The USA Pro Cycling Challenge is expected to be one of the biggest and best races
worldwide, America's answer to the Tour de France. The inaugural USA Pro Cycling
Challenge will take place August 22-28, 2011. With more than one million spectators
and viewers expected for the event, as well as national television exposure on NBC and
the cable network VERSUS, the USA Pro Cycling Challenge will be the race to celebrate
in America. Spectators of this race will see Olympians, World Champions and some
Tour de France competitors. Fans worldwide will have access to the competition and
riders like never before with the most advanced, interactive online, smartphone and
broadcast television experience presented to date in professional cycling. The 2011
USA Pro Cycling Challenge will hold a time trial in Vail on August 25, 2011. The
proposed suspension of regulations would help facilitate this world class event, and
would be effective from Wednesday, August 24, 2011, through Thursday, August 25,
2011. The regulations will be effective for the racecourse area, which runs through Vail
Village and follows the Frontage Road and Bighorn Road to the cul-de-sac on the Vail
Pass recreation path. Staff recommends the Vail Town Council approve Emergency
Ordinance No. 17, Series of 2011.
Donovan was concerned with Section 8, Loading and Delivery and that the delivery
restrictions might be too onerous. Council directed staff to work with Medalist and the
Vail Valley Foundation to provide additional accessibility. Community Development
Director George Ruther noted Mountain Plaza would be completely accessible.
Daly moved to approve emergency Ordinance No. 17, for this one-time reading, and the
motion was seconded by Foley. Foley encouraged staff to get the word out on any
inconveniences the community might encounter during the event. Rogers suggested a
map with the route be posted at the upcoming Community Picnic at Bighorn Park on
Tuesday, August 9ti'. A motion was taken and the motion passed unanimously, 7-0.
At this time, Mike Trueblood with Comcast arrived, so Council moved back to the
scheduled item number four, which is now:
The fifth item on the agenda was an update from Comcast on products and services.
Mike Trueblood, local Comcast representative, introduced himself and noted he was
familiar with the area, having been a resident from 2004 to 2006. He asked to be
considered the point of contact and that he was concerned with timely, effective
Town Council Meeting Minutes of August 2, 2011 Page 5
service. He added Comcast had cleared the audit items; had conducted 165 repairs;
done numerous inspections; identified 65 units for repair in the town's right-of-way; the
company will track repairs and keep the town apprised; Comcast has brought in
incremental personnel from Denver; and will launch an additional 70-75 channels in late
October. He stated there are approximately 2,000 customers in Vail with no digital
device. When these improvements are completed, the town will have project parity.
Trueblood committed to more frequent updates to Council and to be responsive where
Comcast has issues. He stated there will be notable increases in high speed data.
Rogers asked as Comcast transitioned, if analog would still be able to get those
channels. Trueblood stated a user must have the digital device. Comcast will staff up
for Thanksgiving, recognizing that is the traditional start of the ski season and that they
would respond as quickly as they can. He stated their goal for "same day for trouble
calls" was 80-85%. Their current response time has been closer to 36 hours, which he
intends to correct. Three days is totally unacceptable. Tjossem confirmed every TV in
a home must have the digital device. Newbury asked how many digital devices were
available. Trueblood responded a thousand are warehoused in Silverthorn and daily
shipments will be made. Cleveland confirmed there is no charge for up to three
devices. Trueblood indicated Vail would be a good fit as a "pioneer market" in the mile -
high region (Colorado and New Mexico) and Vail could certainly qualify as a trial
market. Mire indicated the next step would be to bring the compliance agreement to
an executive session, followed by an evening public discussion. Trueblood ended by
saying Comcast has to do a better job.
A dinner break was taken at 5:00 p.m. The meeting resumed at 6:00 p.m.
The sixth item on the agenda was Citizen Participation. There was no citizen's
participation. Foley stated Tito Montoya, who was a long time employee of the Town of
Vail, passed away this week. Council extended their condolences to the family.
The seventh item on the agenda was a review of the proposed draft of Resolution No.
12, Series 2011, a resolution submitting a ballot question to the registered electors of
the Town of Vail at the November 8, 2011, regular town election regarding the use of
certain lodging tax and sales tax revenues, and setting forth details in regard thereto.
Matt Mire, Town Attorney, reviewed the proposed language presented in an attached
draft resolution which will be presented for Council adoption at the Council meeting on
August 16, 2011.
Mire stated on July 19th, Council was presented with the results of a poll of registered
voters conducted by Public Opinion Strategies to determine voter's reaction to proposed
ballot language for use of funds originally collected for a conference center. A resolution
adopted by the Council is required to place a question on the November 8, 2011; ballot.
The resolution set forth the reasons for submitting a ballot question and set the draft
Town Council Meeting Minutes of August 2, 2011 Page 6
ballot language identical to that which was tested in the poll. A draft resolution is
presented for discussion so that any changes and/or additions requested by Council
may be incorporated prior to proposed adoption of the resolution on August 16.
Cleveland read the following ballot language into the record. "Ballot Ouestion No. 1
Without increasing taxes, shall the Town of Vail use the remainder of the one and one-
half percent lodging tax revenues and one-half percent sales tax revenues collected
from January 1, 2003, through December 31, 2005, to fund the following projects that
will promote recreation, promote tourism and support the economy in the Town of Vail:
Renovation of the clubhouse at the Vail Golf Course and Nordic Center, including a new
pavilion;
Field expansion and restroom renovation at the Ford Park Sports Complex; and
Ford Park Amphitheater improvements, including outdoor seating and restroom
improvements?"
Donovan stated this was the wording used in the polling survey. Rogers said there are
a number of people who are confused about the new pavilion. Daly suggested saying
community space instead of a new pavilion. Camp suggested the wording be
community pavilion and extended deck. Newbury said to use expanding and improving
the clubhouse including a community space. Newbury said they should have more
information to clarify that additional funding would be need to be provided toward
these projects because the current wording suggests the funds will completely provide
for these projects and the town needs partners. Zemler suggested whoever is in
charge should do the education of this. Zemler said they need to make sure there is an
aspect of the language that states the new community space is to serve the community.
Gretchen Busse, resident, stated she has lived on Sunburst Drive for many years. She
said she was told the pavilion would be 6,000 square feet and didn't think that was
appropriate as this is in a residential area. She is concerned as there are a lot of
bicyclists that ride on Sunburst Drive and she is concerned about adequate parking as
are some of her neighbors. Cleveland said the information she got was incorrect. The
pavilion will be built in the footprint of the existing golf course club house. She wants
more information on how big of a pavilion they are trying to build and where the
parking will be. Daly said there will be more parking available and the pavilion would
be in part of the club house building footprint. Daly suggested she contact Mike Ortiz
and get the neighbors together to discuss this project in further detail. Joe Hanlon,
with the Vail Recreation District (VRD), said they will be reaching out to the neighbors
of the area and go through the plans and educate people on what this project looks
like. Jim Lamont, Vail Homeowners Association, said they have concerns at Ford Park
Town Council Meeting Minutes of August 2, 2011 Page 7
on traffic flow, parking, and turn arounds, etc. He said they need to finalize some of
these details and narrow down the scope prior to the election.
Rogers made a motion to direct the town attorney to amend the ballot language and
bring the resolution back to the next meeting and the motion was seconded by
Newbury.
Foley stated Zemler was going to make sure the town had buy -in from the partners
involved. Hanlon said they are planning on getting everyone on board at the next VRD
meeting. Ceil Folz, President of the Vail Valley Foundation (VVF), stated the VVF is
willing to be a partner in funding the amphitheater project.
Folz said the express buses and parking at Ford Park is working well this summer.
A vote was taken and the motion passed unanimously, 7-0.
The eighth item on the agenda was a review of the concepts for the East Lionshead
Mall Plaza and Concert Hall Plaza.
Tom Kassmel, Public Works, asked the Council for comments and to provide direction to
proceed through the towns Planning and Environmental Commission (PEC) and Design
Review Board (DRB) entitlement process with one alternative for each project site so
they can start the projects next year. He stated on May 17"', Council awarded the
design contract for the Lionshead Transit Center Phase III -Lionshead East Mall Plaza
and Concert Hall Plaza Streetscape Projects to the Mary Hart Design Team.
The Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects are the third
phase of the Lionshead Transit Center redevelopment and are funded by the Vail
Reinvestment Authority (VRA) through Tax Increment Financing (TIF) dollars. The two
projects complete the link between the Lionshead Transit Center, the redeveloped
Lionshead Mall commercial core and the hotels and lodges of West Lionshead. Staff
and the design team will present options for both the East Lionshead Mall Plaza and
Concert Hall Plaza.
Kassmel reviewed the past two years process for the East Lionshead Mall area. The
outcome was to funnel the pedestrian traffic to one area. Staff and the design team
over-layed the Slifer Square plans over this site and it fit quite well and revised it from
there. Concert Hall Plaza concepts were reduced to beautifying this area. The total
cost for both projects is $2.825 million; the cost is $2.075 million for East Lionshead
Plaza, which includes design, management, testing, materials, owner construction costs,
and owner contingency for $500,0000 for East Lionshead Plaza and $1.575 million for
construction costs; and for Concert Hall Plaza the cost is approximately, $750,000. The
design, management, testing, materials, owner construction costs, and owner
contingency are $241,000 and $509,000 for construction costs.
Town Council Meeting Minutes of August 2, 2011 Page 8
Mary Hart, with Hart Design, went through their process over the past few months,
including defining the program elements and understanding the town's goals for each
project. She went through the options for each site as well as the preferred option.
Sybill Navas, special event coordinator, stated she was able to review the plans and
goals for this area. She said the Lionshead community wants more events in that area.
She said the Arrabelle liquor license precludes more events in this area and limits the
mall area for having events as it is a long and narrow space. She said an additional
$25,000 would have to be added for electrical service, and $40,000 for a canopy and
deck to add in this area for buskers or other events including music. Hart said there is
an idea to use the bus shelter area to accommodate a small stage and have an area for
special events.
Hart said there are four areas to be reviewed with feedback for each area: loading and
delivery location, special events, view corridor and Lionshead Master Plan. Special
event liquor issues between Arrabelle and the plaza were discussed. The design wasn't
made for special events specifically. She said the Lionshead Master Plan states that
View Corridor One requires this view corridor to be open. She showed the new bus
shelter would encroach into the view corridor and asked if Council wanted to have them
apply to PEC for an approval of an encroachment into the view corridor or get it out of
there. She said they would have to change the. master plan on the build -to lines and
adjacent property owners were not in favor of the build -to lines changing in the master
plan. Planners supported changing the lines to be clear on the intent.
Kassmel said the budget summary for East Lionshead Plaza was $2.075 million and for
Concert Hall Plaza is $750,000. The Preferred Option is $2.35 million for East
Lionshead Plaza and $702,000 for preferred option for Concert Hall Plaza. With an
option for snowmelt at each project there is an additional $435,000 for East Lionshead
Plaza and $85,000 for snowmelt at the bus loop at Concert Hall Plaza. He discussed the
pros and cons of heating both areas.
Rogers asked if the Treetops Homeowners Association was on board with the East
Lionshead Plaza concept plan. Hart said the owners liked having the ADA access fixed.
Rogers asked if they liked it because the town would have to pay for it. Hart said that
topic would need to be discussed further. Tjossem asked about matching the bus
shelter with the Welcome Center. Hart said continuity was the consideration for getting
them to match. Newbury said they were using these as they are all part of an
integration of all the areas in Lionshead.
Kit Williams representing Lazier Properties and twenty other tenants in the area, spoke
to the East Lionshead Plaza concepts. They feel the walkway from the transportation
center needs to be widened. The archways can stay where they are currently located.
Town Council Meeting Minutes of August 2, 2011 Page 9
There is an issue of a planter blocking the walkways and they want it opened up next to
the ADA access archway areas. He said there needs to be more than 24 feet and they
want the walkway wider. Also, get rid of the landscape and rocks and use the existing
walls. The view corridor needs to be a clear shot to the bus stop.
Newbury was supportive of the staff recommendation on the loading and delivery
areas. The purpose was to get the delivery vehicles off the streets. There was
consensus among the Council. Donovan said one of the issues and objectives was to
get rid of interaction between vehicles and pedestrians. This encourages that to
happen and doesn't support accommodating special events there but some tents in the
area would be ok. Kassmel said the intent wat not to make it a special event area but it
could accommodate additional tents and special events if Council wanted to allow it.
$25,000 is the additional cost to add an electric panel for special events. Cleveland said
they are overloading this area. He wants a bus shelter only and it needs to be open
and simple. Daly said he doesn't want to compromise the view corridor for an event
shelter. Foley said this area is not for special events and keep it an entry point. Rogers
said greenspace is important because there is very little green space in Lionshead.
They need to bring more nature into this area.
Staff would like to get rid of the build -to lines in the Lionshead Master Plan. Newbury
said she is not in favor of changing the master plan.
Preferred alternatives with snowmelt was discussed. Tjossem liked it. Daly said the
town did it at Solaris and Vail Village and we need to do this for Lionshead. Newbury is
opposed to it for environmental reasons and Cleveland is opposed also. Rogers asked if
snowmelt can be added that is more efficient. Kassmel said the geo thermal process
doesn't melt the snow and doesn't make sense. Staff is recommending to snow melt the
bus circle at East Lionshead Plaza and also at Concert Hall Plaza. Daly clarified that the
north path would not have snowmelt. Kassmel said people coming from the north over
the bridge tend to go to the west. The $85,000 heats the pedestrian paths not the bus
area. There could be an option to upgrade to include the bus areas.
Kassmel recapped the discussion and stated they would have loading and delivery on
the east side and at Arrabelle; no additional power or costs for special events and no
compromise of the view corridor. Also, there would be no changes to the Lionshead
Master Plan; snow melt would be at the East Lionshead Mall bus loop and heat the
sidewalk only. He also said the preferred option direction is to widen the east side
entry space, simplify the bus shelter and keep some green space. This will allow an
adequate area for people to transfer back and forth through the area easily. Zemler
requested staff come back with this item in two weeks and to adjust the budget and
plan and review it one more time, as well as have a site visit.
Town Council Meeting Minutes of August 2, 2011 Page 10
The ninth item on the agenda was first reading of Ordinance No. 18, Series of 2011, an
ordinance rezoning the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G
of the Residences at Briar Patch from residential districts to open space and recreation
districts. This ordinance will be reviewed concurrently with the Resolution No. 15,
Series of 2011.
Bill Gibson, Planner, stated on June 27, July 11 and July 25, 2011 the Town of Vail
Planning and Environmental Commission (PEC) forwarded recommendations of approval
for the zoning map amendments for the Ruder Cemetery, Red Sandstone Park parking
lot and Parcel G of the Residences at Briar Patch.
Donovan made a motion to approve first reading of Ordinance No. 18, and the motion
was seconded by Rogers. A vote was taken and passed unanimously, 7-0.
Foley requested site visits before second reading at the next meeting.
The tenth item on the agenda was Resolution No. 15, Series of 2011, a resolution
changing the land use designation of the Ruder cemetery, Red Sandstone Park parking
lot, and Parcel G of the Residences at Briar Patch from residential to open space. This
resolution was reviewed concurrently with the Ordinance No. 18, Series of 2011.
Bill Gibson, Planner, said on June 27, July 11 and July 25, 2011, the Town of Vail
Planning and Environmental Commission (PEC) forwarded recommendations of approval
for the Land Use Plan map amendments for the Ruder cemetery, Red Sandstone Park
parking lot, and Parcel G of the Residences at Briar Patch.
Donovan made a motion to approve Resolution No. 15, subject to second reading of
Ordinance No. 18, and the motion was seconded by Rogers. A vote was taken and the
motion passed 7-0.
The eleventh item on the agenda was second reading of 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 has 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 will enable the Council to elect local control over
special event permitting as allowed by Senate Bill 11-066.
Foley made a motion to approve Ordinance No. 16, on second reading and the motion
was seconded by Donovan. A vote was taken and the motion passed, unanimously, 7-
0.
Town Council Meeting Minutes of August 2, 2011 Page 11
The twelfth item on the agenda was a discussion on Ever Vail and this work session
focused on addressing several questions raised at the July 19th Council public hearing
which focused on responding to questions from the previous July 5th meeting regarding
the 3D model, view corridors and pedestrian connections for the proposed Ever Vail
development.
Warren Campbell, Chief Planner, stated this discussion wrapped up the questions and
answers on the Lionshead Master Plan. He reviewed Resolution No. 6, which amends
Chapters 4 and 5 of the Lionshead Redevelopment Master Plan as was included in the
memorandum dated August 2, 2011. He went into detail discussing view corridors. He
also addressed questions Council raised at their July 19th meeting. There was a site
visit by Council during the work session earlier in the day.
Rogers stated regarding elements of the Developer Improvement Agreement (DIA),
that she wanted to add a bullet point to have remedies for defaults such as
landscaping. Daly said he wants the applicant to look at grade changes that allow for
the smooth flow of pedestrians in this area. Cleveland said the master plan should
minimize the hard scape, functional bicycle lanes and a smaller width pedestrian path.
Greg Hall said they can take four feet off the bike/pedestrian path and add it to the bike
lane. He said the path is closed from November 1 to end of ski season. Roger said the
town has to adapt to what people do.
Campbell said staff will come back with bike path and hard scape issues at the next
meeting. He said in draft Resolution No. 6, the green text addresses discussions the
Council has brought up in past meetings regarding the Ever Vail view corridors, parking,
pedestrian and bike access and site coverage.
Daly wants the parking spaces to be included in the DIA. Newbury said the stream
tract should be preserved, not enhanced. Rogers said if the PEC requires more parking
spaces beyond the 400 required, that needs to be addressed. She also stated at the
western end of Ever Vail, she is in favor of two to three stories, not three to four stories
before stepping back. Cleveland, Daly, and Foley agreed with Rogers. Tjossem
disagreed. Rogers said all along the creek there should be two to three stories
maximum. Newbury doesn't have a problem on how it's written now. There was an
additional request to improve the wording on the legal and physical access to the Eagle
River Water and Sanitation District (ERWSD) property. Mire said staff could work on
the wording.
Campbell said this discussion doesn't close the book on this topic. Staff recommends
continuing all the ordinances and applications to the next meeting.
Town Council Meeting Minutes of August 2, 2011 Page 12
Jiro Lamont, Vail Home Owners Association (VHOA), said what hevaw was a plethora of
utility lines on the site visit. Are all the lines going to be cleaned up and when will they
be cleaned up. Cleveland stated this will be part of the DIA and said all the lines should
be buried.
Mauriello said he talked to Bill Kennedy and the power lines will be underground all the
way to Cascade. Additional discussions on view corridors, landscaping and tree
relocations ensued, with preservation of as many trees as possible.
Jim Lamont, VHOA, said he wanted to know what happened to the issue raised
regarding views over the ERWSD and preserving that view corridor. Newbury said that
may be worth preserving since there is no restriction on the height in that district
according to Campbell. Campbell said staff will look at this issue.
Donovan made a motion to 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 16, 2011, public hearing and the motion was seconded by Daly.
A vote was taken and the motion passed unanimously, 7-0.
The thirteenth item on the agenda was adjournment.
Foley made a motion to adjourn and the motion was seconded by Newbury. A vote
was taken and the motion passed unanimously, 7-0. The meeting was adjourned at
9:20 p.m.
Respectfully submitted,
Dic Clevelana,ayyo"r�e
Attest: N
OW.. 0
St
Lor ei onaldson, Town Clerk
AL
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, ne w Ra
Town Council Meeting Minutes of August 2, 2011 Page 13