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,
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Town Clerk
Respectfully submitted,
Dick Cleveland, Mayor
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Town Council Meeting Minutes of October 4, 2011 Page 13