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HomeMy WebLinkAbout2011-10-04 Town Council MinutesVail Town Council Meeting Minutes Tuesday, October 4, 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 Kevin Foley Kim Newbury Susie Tjossem Andy Daly Margaret Rogers Members absent: Kerry Donovan Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Rich Ten Braak, representing the Vail Chamber and Business Association (VCBA), stated that on the 20th of October, the VCBA along with the Vail Daily and KZYR will hose the Vail Candidate Forum at the Donovan Pavilion. He also said the merchant ski pass is back and the VCBA, Vail Valley Partnership and Vail Resorts will be offering the pass to local merchants and their staff. He said at least one person from each business needs to attend the annual class, slated to be held on November 3rd at the Vail Marriott. John Giovando, representing the Bravo Music Festival, recapped the 2011 season. He said 59,000 people attended the Bravo concerts for the season. He said that count included serving 5,000 children in Eagle County. The study done recorded an economic impact of $7.6 million to the Town of Vail. He gave further statistics on media coverage and The Philadelphia Orchestra's new relationship with China. They are looking forward to 2012, which will have great programs including a night of all Gershwin music. He thanked Council for its support over the years and its continued support of Bravo. He said the increase of orchestra costs of 21% is due to The Philadelphia Orchestra not being able to give Bravo continued discounts for their performances. The second item was an appeal (it was item number 7 on agenda). An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section Town Council Meeting Minutes of October 4, 2011 Page 1 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R-2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto and an appeal , pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12- 7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12- 17, Variances, Vail Town Code, from Section 12-14-17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12-17, Variances, Vail Town Code, from Section 12-7B-15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R-1 (Rucksack Bui Jing)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. Matt Mire requested this item be tabled to the next meeting. Daly made a motion to table this item to the October 18, 2011, meeting, and the motion was seconded by Rogers. A vote was taken and the motion passed 6-0. The third item on the agenda was the Town Manager Report. Zemler invited the Council and public to a softball game fundraiser for Robyn Fetterolf, an employee in the Vail Police Department. The Vail Police Department employees and the Fire Department employees will be playing in the softball game on Saturday from 2 p.m. to 4 p.m. The fourth item on the agenda was a presentation and discussion of the Airport Interchange: TIGER III Grant support for the Eagle County Airport Interchange and Connector Bridge Project. Peter Runyon, Eagle Council Commissioner, said in the past, he has supported a slow growth agenda for a long time. He also said Vail has always wanted to be the premier ski resort in the world. He said the Eagle County airport is a gateway to Vail and the whole county community. He said they expect 1.1 million people to come to Vail and Eagle County. He shared concerns of an elevated skyway going across ranch land. He stated there is large growth down valley. He said seven out of ten workers in Vail live down valley. This project is an opportunity to use stimulus money from the federal government. To qualify, the projects have to be "shovel ready" projects. He said groups across the state were asked to identify the top three projects for official Colorado Department of Transportation (CDOT) projects. The Eagle County Airport was one of the top three projects chosen. Additional discussion ensued regarding new exit and entrance ramp and what other Eagle County community responses were to this project. Gypsum is supportive and has Town Council Meeting Minutes of October 4, 2011 Page 2 earmarked bond money for this project. He believes Eagle is supportive but has concerns this project would impact the east exit into Eagle. Eva Wilson, Eagle County Engineer, reviewed the traffic study. Runyon said the Eagle interchange is a failure at certain times of day due to traffic issues. When airport traffic is added, this interchange is worse. He said there were a lot of people who don't want it but it is what is needed. Cleveland asked about the price tag for the project. Runyon said $55 million plus $7 million in construction management costs to CDOT. He said the final bids haven't gone out. Eagle County and Gypsum have already invested $550,000; $500,000 has been earmarked by Jared Polis; and CDOT has invested $8 million. Daly asked where the rest of the money will come from. Runyon stated since Eagle County is rural the 80/20 split doesn't apply. Eagle County has committed $13 million. The Town of Gypsum has committed $2 million in cash and $5 million in debt initiatives. He asked for Vail's help. He said 25% of the Eagle County Airport guests go to Aspen and the rest go to Vail and Beaver Creek. Rogers asked what Vail can do at this time. Runyon said a letter of support is needed. Cleveland asked why the interchange was chosen over upgrades to Highway 6. Runyon stated there are already scheduled upgrades to Highway 6. Mike Cacioppo stated when Eagle County first proposed this, he wasn't thrilled about the idea and is still not thrilled about it. He said getting through the town of Eagle is getting dangerous and the traffic is backing up on the highway on a regular basis. He said this interchange will take away from business in Eagle. He thinks roundabouts are needed in this area. He wants to see Eagle County be more prudent in this economy. Daly said Runyon gave a good explanation and realizes the frustrations and acknowledged significant highway upgrades are needed. He is in support of this project. Foley said being on the ECO transportation board, everyone on the board is in support of this project. Tjossem said she is supportive of giving them a letter. Newbury is uncomfortable due to the cost and the environmental impacts. She said the cost is outrageous and she is not in support of it. Daly made a motion to send a letter of support, and the motion was seconded by Rogers. A vote was taken and passed 4-2, Newbury and Cleveland opposed. The fifth tem on the agenda was Resolution No. 20, Series of 2011, A Resolution in Support of Town of Vail Ballot Question No. 1 on the Ballot at the November 8, 2011, Regular Town Election. Town Council Meeting Minutes of October 4, 2011 Page 3 Matt Mire, Town Attorney, and Judy Camp, Finance Director, stated at the direction of the Council, Question No. 1 has been placed on the November 8, 2011, ballot for the Town of Vail Regular Election. This question is to receive authorization from Vail's electorate to redirect existing Conference Center Funds to three projects: 1) expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space; 2) field expansion and restroom renovation at the Ford Park Sports Complex; and 3) Ford Amphitheater improvements, including outdoor seating and restroom improvements. This ballot question will bring closure to electorate decisions in 2002 and in 2005 in which voters approved taxes to build and operate a conference center, then rejected a second tax question which caused the tax to be rescinded, leaving a balance in the fund that has grown to $9.4 million. Matt Mire, Town Attorney, stated Resolution No. 20 has been prepared at the direction of the Council to offer its unequivocal support of Question No. 1. Staff requested the Council approve the resolution. He reviewed the changes to the resolution. Daly made a motion to approve Resolution No. 20, as amended, and the motion was seconded by Rogers. Cleveland said by passing this resolution tonight, this is the last time the Council could support this ballot question due to state regulations. A vote was taken and the motion passed, 6-0. The sixth item on the agenda was first reading of the 2012 Budget Ordinance No. 21, Series 2011. Kathleen Halloran, Budget Manager, reviewed the budget for 2012 with Council. Daly said he would like to spend some time doing an analysis that would measure the value of the expenditure versus the return in the best time horizon, 15 — 20 years, not 125 years. He would like to set a date in January, 2012, to see how this impacts the priorities currently planned. Daly thanked Chief Miller for the backup on the replacements of vehicles for the fire department. He also had questions on the trend of lift sales tax. Zemler said Chris Jarnot from Vail Resorts, Inc. (VRI), sent a letter addressing the lift sales tax. Zemler said the VRI finance department also sent a letter. Zemler stated staff wasn't directed to do an audit and would like clear direction from the Council to do an audit. Foley and Daly were the only two Council members who Town Council Meeting Minutes of October 4, 2011 Page 4 raised their hands in favor of an audit. Zemler will resubmit the letter from VRI to Council. Rogers stated the $150,000 proposed budget to demolish/repurpose the old welcome center is a concern. Rogers said a demolition cost of $75,000 is outrageous. Cleveland said to take this out of the budget and get more details on this item. Daly wanted the $637,000 for CDOT required parking improvements taken out of the budget until an agreement is signed by VRI to help pay for over flow parking, which includes 15 winter and 3 summer days. He wants this to come back as a supplemental. Newbury said the town can't sign an agreement with CDOT stating the town will take care of this while the town hasn't talked to VRI to pay part of this and there isn't time to do this. A straw vote was taken and the budget was reduced. Daly applauded Zemler and staff for due diligence in putting together the budget. However, he doesn't agree with adding back in 2.2 staff people. Cleveland said Miller had a good argument in adding more staff as this is a safety issue. He said seasonal personnel are a benefit to community. Tjossem said she supports the fire staff for at least another year to have a crew to remove tree fall. When asked about a I TE increase to the police staff, Halloran said it is a transfer from Community Development code enforcement to Vail Police Department code enforcement. Daly said the workman's compensation insurance has a dramatic increase and wants it rebid. Halloran said she wants to defer this back to JP Power, Human Resources Director. Cleveland stated workman's compensation has dramatically increased across the state. Newbury said she is on various boards and all have experienced 25% increases. Rogers said she would like the budget for the Commission on Special Events (CSE) to be increased. She said it isn't appropriate to ask CSE to bring in an event and then not fund it. Tjossem is in favor of increasing the budget, as iconic cultural event costs are going up and these are economic engines for the town. Newbury supports CSE 100% but to put an additional $150,000 to CSE for an event that is not even on the books is inappropriate. She asked why the Council would double the amount when they don't even know what the event will be. Rogers stated the Council has asked event producers to not ask for funds out of cycle and to be on a supplemental request. Newbury said this amount is double the cost of the Teva Mountain Games which is an iconic event. Tjossem said when CSE funds a brand new event they could use it as seed money. Sybill Navas, Special Event Coordinator, said Teva receives $118,000 and Snow Daze received $128,000. She said the event would be on a weekend that needs to be supported. Newbury said this is like putting the cart before the horse as CSE hasn't evaluated these events yet. Cleveland said the amount of money the town has put into events since 2005 has increased 75% and this is not sustainable. He said if Town Council Meeting Minutes of October 4, 2011 Page 5 this is a Memorial Day event that the private sector won't support, why would the town? He said the town spends enough money on special events in town already and won't support more money for CSE. Mike Cacioppo said he had three main points to get across. He agrees with Cleveland that a budget that goes up 75% since 2005 is not supportable. He doesn't support the school board issue because of this. He said auditing the VRI lift tax occasionally should be done with anyone the town does business with and he agrees with asking VRI to pay something towards Frontage Road parking and CDOT. He reminded the Council that VRI never paid their fair share of parking structure expansions over 20 years ago. He said if the town does anything that expands parking for the mountain operator, the mountain operator needs to pay its fair share. Additional Council contributions were discussed. Rogers said she is concerned about two items: Bravo and the Teva Winter Games. She said there is no money to support the Teva Winter Games and asked if this event would happen. Scott Bluhm, representing the Vail Valley Foundation (VVF) asked for $75,000 from the CSE, if this event happens. She said John Giovando stated Bravo brings in a $7.6 million economic hit to the town. She doesn't think it is overreaching to ask for an increase to $200,000. She said the cost of orchestras has gone up dramatically and said this is a reasonable request. She said the Council should cut the First Impressions funding, $5,000 for the Ski Classic and $25,000 for Streetbeat. Daly said the Council is placing the VVF in an awkward position as they have sponsorship commitments they need to fulfill. Newbury said assuming any of the events would get funding from the town is not good. Daly stated ample warning should be given. Newbury said she would like to receive public input and asked what ample warning is. Mike Cacioppo said Bravo is a non-profit organization and wanted to put funding in perspective. He said the booking event was over several weeks and 59,000 people attended. He said the director was getting $200,000 for a few weeks of bookings. He said either booking directly or finding a booking agency to book those several weeks could save bundles of money. This should be put out to bid and find out what the directors and operators are earning. John Giovando, Bravo Executive Director for 25 years, stated contributing to the non- profit world has been one of the most rewarding parts of his life. Bringing this festival to Vail and growing it to this level wouldn't happen without contributions. To consider a nonprofit to fold up and ask a booking agent to come in would be an enormous disservice to the community. The $200,000 was asked out of integrity to support one of the world's best music festivals. To have an economic impact is measurable but pride which is immeasurable is also important. Town Council Meeting Minutes of October 4, 2011 Page 6 Tom Bassett supported Rogers's statement to support Bravo's funding request. Bravo is one of the summer's largest driving engines to Vail's economy. Bravo is a huge asset to the reputation to Vail and its businesses. Cleveland said there is $596,000 requested over last year in total. Cleveland said he is comfortable funding them at the same level as in years past. He reiterated that all budget items have been flat. Tjossem said it is shortsighted to not take into account money received. Scott Bluhm, representing the VVF, clarified that there are concerns with regard to Streetbeat and the Ski Classic. Streetbeat is the biggest concern and wants the funding to be reconsidered as there are ramifications to it not being funded. They are under contract with Volvo and Anheuser-Busch to do nine concerts this winter. He wants clarification on in -kind services to the Ski Classic and Streetbeat. Cleveland asked if this discussion has brought up attention that Streetbeat needs to be revamped. Daly asked Bluhm to explain the VVF commitments regarding Streetbeat. Bluhm said commitments to Anheuser-Busch are to do nine events. For Volvo, their push is for consumer data through the event for their car. He said the commitments are multi- year but doesn't know where they are in the cycle of those commitments. Newbury said Streetbeat is successful when the concerts are tied to other events. She said maybe they are too far apart and people don't remember between concerts. Newbury said she is comfortable giving them in -kind and funding for Streetbeat for a final year but not for Ski Classic. Tjossem said the winter concerts lead to Hot Summer Nights but it doesn't seem to work anymore. Bluhm said in the beginning it was the only game in town, but now there are a lot more music events across the county. Rogers said this doesn't bring money back to the community. Cleveland thanked Bluhm. Lourdes Ferzacca, representing the Vail Chamber and Business Association (VCBA) said Council was funding cuts to the smaller events and all funds were going to those who are already successful. She said Council needs to fund the smaller events too. She said the smaller events make a huge difference for the locals who don't make a lot of money. Rich ten Braak, representing the VCBA, pleaded the case for the Premier Impressions program. He said it's been around for 11 years, was funded from $10,000 to $20,000 and has gone from a 3-month to a 6-month program. The program currently runs from December to March and July to August in summer. In 2013 the plan is to go to a year- round program. There are currently 180 businesses in the VCBA. The program is important as great customer service drives the intent to return to Vail. He wants the Council to reconsider its support of this program. He said 25 businesses have signed a letter of support to have this program funded. Town Council Meeting Minutes of October 4, 2011 Page 7 Liz Paxson, a Betty Ford Alpine Garden (BFAG) volunteer, stated she and her husband Tim have been volunteers for several years and she is now on the board. The BFAG has a very active volunteer program and there is a steady stream of visitors from May to October. The town currently contributes 15% of the BFAG budget. Bill Suarez, owner of Billy's Island Grill, stated Premier Impressions helps the businesses have a program to recognize employees. As an employer, he would hate to see this program go without something else to replace it. He said the program could be revised. He said last year four of his employees were nominated. Gwen Scapello, representing BFAG, said she has worked with them for the past eight years and is currently the BFAG board secretary. She typically spends three to four hours a day, four to five days a week in the gardens. She reminded Council that the BFAG is not just an amenity for those who come here but a strong destination for the Town of Vail. Guests come through a private tour program, garden clubs, the Red Hat Society, master gardeners, representatives from professional landscaping associations and others bring tours to and through the gardens. They have hosted several groups, including a European guest who said it was the best garden in the world. Tourists are quick to tell them the gardens were why they came to Vail. The Vail Recreation District fielded 129 queries in one day of how to get to the gardens. Checkpoint Charlie receives approximately 10-12 requests a day on how to get to the gardens. She said it was important to recognize they are not just a public garden; they are a destination as well. She asked the Council to reconsider the funding request to the BFAG. Sandy Gregorak, resident of Vail, thanked the Council for the work they do for the town residents. She said she is the newest member of BFAG and is the Development Director. She said the economic impact from the gardens is just under $11 million to Vail. These figures were prepared by the VVF at the end of March, 2011, and given to Council in April 2011. She said nonprofits are part of our community and are a part of what has made the town a world class town. She was at a meeting of the Botanic Garden Association, and comments from other botanic gardens reflected the BFAG is world class and has a high regard in the botanic garden world. The BFAG has won accolades and awards and was a finalist in the Awards in Excellence from the Pomar Foundation. Mike Cacioppo stated he has been in town 37 years. He said in the late 1980's, BFAG promised that would be their last request for public money. That didn't happen. He said maybe it's time they charge for people to come into the gardens like elsewhere in the world. He said the business community should pay for commending their employees. He said the list goes on and on and in the 1970's and 1980's booking agents took a risk. They don't need to take the risk anymore. He said we aren't teaching anybody to be self sustainable. He said maybe it's time in this economy, that Town Council Meeting Minutes of October 4, 2011 Page 8 as Americans, we actually try to be real Americans and build our own segment of the market without government handouts from cradle to grave. He stated he couldn't believe the town was discussing giving out $1.6 to $2.8 million for special events to the CSE. He said it was time to rethink the process and not be enablers. Make them work it out. Cleveland read a letter received from David Scott of Vail Ski and Snowboard Museum requesting $50,000 for funding in 2012. Newbury said the Council and the community need to put everything in perspective. She appreciates everyone wanting funding; however, this said, the town's main purpose is to provide municipal services. The operating funds are flat and other funds are going down. The town is cutting its budget. The town has to provide snow plowing, police and fire services and other municipal services first. She is comfortable with staff recommended appropriations. Daly said Council should take a straw vote to ask if Council was comfortable with the recommendations as presented. Foley, Daly, Cleveland and Newbury were okay with the recommendations, but Rogers and Tjossem were not. Further discussion on the budget ensued. Rogers asked for more documentation for the public works budget and capital maintenance costs and to highlight areas that have significant increases. Tjossem said she wanted to have staff come back with a few cuts or postponements of certain projects. Rogers said she was concerned about the police department line item of the replacement of rifles for $21,000. Cleveland said guns have a life span. The world has changed. Newbury said Council needs to trust the police department. Cleveland said Council needs to give credit to staff. There is no problem asking questions but Council needs to trust staff to know their stuff. Cleveland said they need to make a decision on the Library. Newbury said one of the first things she did when she got on Council was to tour the library and educate herself about the renovations that need to be done and that was eight years ago. The flood brought these to the forefront. She said they should do both phases. Newbury, Rogers, Foley, Daly and Cleveland agree that both phases of the library need to be done. Halloran summarized the comments: provide letter from VRI lift tax; detail on capital projects; contributions as previously submitted; $150,000 removed from Lionshead Capital, etc. Town Council Meeting Minutes of October 4, 2011 Page 9 Newbury made a motion to approve on first reading Ordinance No. 21, and the motion was seconded by Cleveland. A vote was taken and the motion failed, 4-2 with Foley, Tjossem, Daly and Rogers opposed. Foley wants an efficiency study done. Zemler said they could bring back a first reading of the budget by tabling this item to the next meeting. He said staff doesn't know how to address their concerns about the special event funding. Rogers said to base it on last year's budget. She said there is $100,000 in savings from staff and she wants to allocate it to the Betty Ford Alpine Gardens, Bravo and the Colorado Ski Museum. Daly said for him to support the budget, VRI would need to share CDOT parking costs and a firm commitment to offset expenditures for this year. Foley made a motion to table the budget item to the October 18, 2011, meeting, and the motion was seconded by Daly. A vote was taken and the motion passed, 5-1, with Cleveland opposed. A brief break was taken at 9:07 p.m. The meeting resumed at 9:12 p.m. The seventh item on the agenda was a public hearing regarding the Ever Vail development process, with a focus on four of the applications intended to facilitate the Ever Vail development. Specifically, the Lions head Redevelopment Master Plan amendments, major subdivision, rezoning and major amendment to Special Development District (SDD) No. 4. The Council is not being asked for a final action on these applications at this time. Warren Campbell, Chief Planner, stated the intent of the packet was to prepare the Council to vote on the four applications in conjunction with the Developer Improvement Agreement (DIA). Staff has taken Resolution No. 6 and made the changes the Council has requested. An additional change was requested to change the wording on page 2 of the memorandum on building height changes from "should" to "shall." Four hands from Council were raised. Campbell went through a power point presentation on master plan amendments criteria to review; major criteria for major amendments; rezoning; removal of the Glen Lyon SDD; land use plan designations; criteria for zoning; etc. Cleveland asked if the removal of the Glen Lyon Office Building SDD would effect the parking requirements. Campbell said no. Jay Peterson said he had a couple of observations. He said the Vail's New Dawn process was started and it wasn't anyone's project; it was everyone's project. There was tremendous trust to be built. Everyone trusted VRI and over a four to five year period, six to eight projects came through, were approved and built. He said the town Town Council Meeting Minutes of October 4, 2011 Page 10 has had a great rebound from 2008 due to everyone doing his/her part. He said he is proud of this town. The town marketing has been incredible. He stated since then, the process has been bogged down. He doesn't know if it is a lack of trust. He said the only bad decision is no decision. This is an important project and will complete Vail. He said it's time to make some decisions. Everyone needs to work together and have more trust in each other. He also said the Front Door project, Solaris, The Sebastian and Four Seasons projects have all contributed to Vail's success. He said this area is an ugly part of town. It's time to do this project and he wants the approval process to be quicker. Harry Frampton, East West Partners, stated from his perspective that he is supportive of getting this project built. He said it is important for the town's economic development and for jobs. He said there probably would not be another large project for another five to ten years in town. He said the world has changed fundamentally. One of the problems is that Ever Vail started the process five years ago, at the height of the construction boom. Now the world is radically different. His company was hired at Sun Valley fourteen months ago to develop 98 acres and to develop a master plan and get it approved. Four months ago, they got unanimous approval. Sun Valley started at the bottom of the down turn and recognized they were in a new reality. He said they know even if they approved Ever Vail tomorrow, VRI won't build for another ten to twenty years. He said the extractions and conditions are impossible. He wants the Council to step back from the project and take a totally new look at the project. He said Vail is extremely lucky to have VRI as they are the only developer who can build an Ever Vail. He said the only reason the project has economic viability is that they have a vested interest. He said the extractions, conditions and limits put on VRI should be re -thought. He asked what does VRI need to build the project. The town needs to create incentives for them to build it. Currently, there is zero incentive for VRI to build this. He also said the town should look at what the maximum flexibility could be to get them to start the project. He also said to get rid of inclusionary housing and bargain with VRI to do Timber Ridge. He said the town is lucky to have VRI, as they have low debt, good cash flow and is one of the few companies that are in good financial shape. Foley said Frampton should pick up a petition and run for Council. Jim Lamont, representing the Vail Homeowners Association , experienced a cold shower and fresh air in this discussion. He said Council's role and staff's role is to make sure that no stone has been left unturned. He said the roles in the community have changed drastically. He said until there are financial backers on any of the projects, he won't take them seriously. He said the Council has to admit that a decision has to be made and move on. He stated this Council will not make a final decision but the candidates have issues and they need to step up. Town Council Meeting Minutes of October 4, 2011 Page 11 Campbell said staff requests the Council continue the public hearing for the Major Subdivision, Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011, to the October 18, 2011, public hearing. Foley made a motion to continue the public hearing for the Major Subdivision, Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011, to the October 18, 2011, public hearing and the motion was seconded by Daly. A vote was taken and the motion passed, 6-0. Additional discussion ensued about what the Council could approve prior to the election. Jay Peterson said the DIA is no place to approve a master plan. He doesn't want to see this go to a new Council. Ruther said if this is what the Council wants, they will bring Resolution 6 back on October 18, 2011, for Council's approval. The eighth item on the agenda was the 2011 Election Judge Appointments. Town staff requested the appointments of Vianne Brown, Holiday Cole, Mary Caster, Mary Ann Best, Summer Holm, Earl Best and Carol McKown to be the Town of Vail election judges for the November 8, 2011, Regular Municipal Election. Pam Brandmeyer and Tammy Nagel, town staff, will also be assisting as election judges. Foley made a motion to approve the 2011 Election Judge Appointments as presented, and the motion was seconded by Rogers. Foley thanked them for volunteering to be judges. A vote was taken and the motion passed, 6-0. The ninth item on the agenda was first reading of Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District (SDD) No. 29, The Valley Phase II, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto. Warren Campbell, Chief Planner, said essence is there is an EHU on top of Buffehr Creek and the applicant wants to participate in the EHU exchange and the proposed language has been changed. Campbell said SDD No. 29, The Valley Phase II, was established by Ordinance No. 17, Series of 1993, adopted on September 7, 1993. The purpose of establishing SDD No. 29 was to provide "greater flexibility in the development of the land than would be possible under the current zoning of the property." Ordinance No. 6, Series of 1997, amended the SDD to add development potential for Tract A. There have been no further amendments to the SDD. The Town Council Meeting Minutes of October 4, 2011 Page 12 Planning and Environmental Commission (PEC) forwarded a recommendation of approval to the Council at their September 26, 2011 hearing. Rogers made a motion to approve on first reading Ordinance No. 19, Series of 2011, and the motion was seconded by Daly. A vote was taken and the motion passed, 6-0. Newbury made a motion to adjourn the evening meeting to go into executive session at 10: 08 p.m. and the motion was seconded by Foley. A vote was taken and the motion passed, 6-0. Attest: L` ei D naldsoh, Nq U Town Clerk Respectfully submitted, Dick Cleveland, Mayor �n N• op •. Or EA . L. 4RAd�00� Town Council Meeting Minutes of October 4, 2011 Page 13