HomeMy WebLinkAbout2011-10-18 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, October 18, 2011
4:30 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 4:30
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Kevin Foley
Kim Newbury
Susie Tjossem
Andy Daly
Margaret Rogers
Kerry Donovan
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. There were three items on the
consent agenda:
1) Vail Police Department Volunteer Proclamation(VIPs),
Read into the record the VIPs Proclamation. Kim Newbury read the proclamation
into the record. Cleveland thanked all the volunteers for their service.
2) Approval of September 6 and 20 Council meeting minutes; Foley made a
motion to approve the September 6, 2011 minutes and Tjossem seconded the
motion. A vote was taken and the motion passed 5-0-2 with Rogers and Daly
abstaining as they were not at that meeting. Foley made a motion to approve
the meeting minutes of September 20, 2011, and the motion was seconded by
Daly. A vote was taken and the motion passed 7-0.
3) Resolution No. 19, 2011, A Resolution Approving the Operating Plan and
Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2012
Through December 31, 2012.
Newbury made a motion to approve the Resolution No. 19, Series of 2011, and
the motion was seconded by Tjossem. A vote was taken and the motion passed
6-1, Foley opposed.
Town Council Meeting Minutes of October 18, 2011 Page 1
The second item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Town of Vail Planning and Environmental Commission's (PEC)
approval of a major exterior alteration, pursuant to Section 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 Building)/ Part of Lots C &
D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto.
The staff memorandum stated on July 11, 2011, Margo Mullally submitted an
application for a major exterior alteration for Unit R-2. On July 25, 2011, Bill Gardiner
submitted an application for a major exterior alteration to expand his unit, R-1. On
August 2, 2011, Bill Gardiner submitted an application for a variance from the
watercourse setback and site coverage to facilitate his addition. On July 27, 2011,
Margo Mullally submitted a Design Review application. On August 22, 2011, the
Planning and Environmental Commission approved, with conditions, all of the above
applications. On August 30, 2011, Mr. Gardiner submitted his design review
application. On September 1, 2011, Randall M. Livingston, on behalf of the appellant,
Bridge Street Building LLC, submitted an appeal of Ms. Mullally's PEC approval. As a
result, no further action has been taken to review Ms. Mullally's addition by the
PEC. However, the Design Review Board approved Mr. Gardiner's application on
September 7, 2011, with the condition that Ms. Mullally' s addition also be approved,
as the designs are codependent. On September 8, 2011, the appellant submitted an
amended appeal form adding Mr. Gardiner's approvals to the list of approvals being
appealed. On October 4, 2011, the Council granted a continuance of the
appeal. Since that time, staff has received additional information from the appellant,
Bridge Street Building LLC concerning the appeal. Based on the new information, it
appears that the applications submitted by Mr. Gardiner and Ms. Mullally were either
incomplete or included inaccurate information as to the ownership of the Rucksack
Building and the Scott Building. More specifically, it appears that the applications did
not accurately reflect the required consent of all owners affected by the applications.
Because the Council, in an appeal, is not permitted to receive new information or to
make new factual findings, staff believes that the only available course of action is for
the Council to remand both cases back to the PEC for additional factual findings and
Town Council Meeting Minutes of October 18, 2011 Page 2
determinations.
Matt Mire, Town Attorney, stated Council has a copy of the lengthy appeal and
response. It appears the application was either incomplete and/or inaccurate as it
didn't reflect proper ownership, which made the application incomplete. It also didn't
reflect the required consent of all signed owners. The Council's only decision is to
remand this application back to the PEC.
Randy Livingston, representative for Jeff Selby, the appellant and building owner, said
Mr. Selby couldn't be at the meeting. He said the information given to Council was
accurate and they accept the recommendations.
Jeff Hyman, attorney for the Mullally's, stated he had submitted a lengthy response
and application. He asked if the response filed was considered and if not, why not.
He said the applicants were concerned the condominium map had not been recorded.
As a condition of the development, Mr. Selby was to record and file a condominium
plat map. It's been three years and it's still not recorded. They want to know why
the map was not filed three years ago. Hyman said it was the town staffs
responsibility to get this plat map filed. The application wasn't complete because one
property owner did not sign it. A court order from Eagle County District Court
stipulated the appellant approved the design and he could not object to the
application. The appeal currently says this is an objection. The court documents said
they don't need a signature as Selby had approved it. They asked if the
recommendation by staff is accepted by Council and they go back to PEC, what will be
the next steps. He said it's the same application but Mr. Selby refuses to sign it. The
application didn't change and they will be right back in front of Council with the same
application. There are two residential owners with modest expansions and they are
being held up due to this issue. They feel the process is not fair or consistent with
PEC approvals. They will end up going to court again, stating they have a court order
that holds him in contempt. It's already a court order to make him sign.
Cleveland asked if the town is a party to the court order. Hyman said they would
have to go back to court and state Selby can't object to the application and he will be
required to sign. Cleveland said this is not the Council's issue. Rogers said it is clear
this was not an accurate record and the Council can't review it and make it a record.
The Council has to remand it back to the PEC.
Rogers made a motion to remand the application back to the PEC and the motion was
seconded by Foley. The PEC has to make a determination based on accurate
information.
Margo Mullally, the applicant and currently the homeowner's association president,
expressed her frustration regarding the staff's decision stating the application is not
complete. She stated at no point did Ms. Dimond tell them the application was not
Town Council Meeting Minutes of October 18, 2011 Page 3
complete. She feels one of the issues is that the buildings were not combined.
Dimond sent her an email on September 15, 2011, stating one of the conditions was
to combine the two properties. Mullally said she had been told consistently by the
town it was one building. She said this has been so since 2008, and she is wondering
what it's going to take to get the condominium map recorded. It was submitted to
the town and Selby is still objecting. He has had occupancy certificates for three
years without a map being recorded. She said there are problems with managing the
association budget and fire systems.
A vote was taken and the motion passed, 7-0.
The Council had a dinner break at 5:05 p.m. and the evening meeting was reconvened
at 6:00 p.m.
The third item on the agenda was Citizen Participation.
Rich ten Braak, representing the Vail Chamber and Business Association (VCBA), invited
Council to the VCBA and KZYR Candidate Forum on Thursday, October 20, from 6pm to
8pm. Elise Howard, a West Vail resident and board member of the Eagle Valley
Childcare, thanked the Council for its support of Early Childcare in Vail. She is
committed to living in Vail and raising her children in Vail. She said the Eagle Valley
Childcare is a benefit to town employees and other families who work in Vail.
Cleveland said there was a letter sent out to the Vail Homeowners Association and
there was an error in the letter. He said the lodging and retail community will not be
getting money back if the conference center funds ballot question is defeated. He
explained the money would be given back over the next twenty years by reducing the
lodging tax. No one will be getting a refund check. Cleveland also reminded Vail voters
that there are two separate elections and they will need to vote twice in Vail this year.
Eagle County has a mail -in ballot due November 1 and the Town of Vail's regular
municipal election is November 8. If you are on the permanent mail -in ballot list at the
County, you will receive a Vail ballot in the mail after October 27. He said the important
message is that you need to vote.
The fourth item on the agenda was the Town Manager Report. Zemler said Congress
has passed the recreation bill which is good news for all of us.
The fifth item on the agenda was first reading of 2012 Budget Ordinance No. 21,
Series of 2011.
Kathleen Halloran, Budget Manager, stated this was presented at the council's work
session earlier in the day. Staff had made a few recommendations in the memorandum
to Council. The Council will need to approve the budget by ordinance.
Town Council Meeting Minutes of October 18, 2011 Page 4
Rogers stated Council contributions have been dealt with quite a lot over the years.
She has gone over the budget and talked to Finance Director Judy Camp and has a
recommendation. Rogers stated in the operating budget the town will have
approximately $500,000 in excess. So the town doesn't dip into the reserve fund which
has $21,000,000, rather than taking the excess money and adding it to the reserve
fund, Rogers suggested they take the $500,000 excess funds and use it for iconic
events and CSE events. She feels this is an investment in the town and will allow the
town to survive the economic downturns. She said there are two specific events she
wants to fund. Bravo, including their 25th Anniversary, should be funded 100%. The
second event is the Vail Jazz Festival, which is an iconic event in Lionshead that keeps
getting better each year. Fund Bravo and the jazz festival and give the balance to the
CSE or have it go to the reserve fund. Council has asked the CSE to bring in a
Memorial Day event. She said the Real Estate Transfer Tax (RETT) budget has $7.6
million in it. The Betty Ford Alpine Gardens (BFAG) is funded out of RETT. Rogers also
wants to fund the BFAG $20,000 for a water feature as requested and bring them up to
$100,000 funding and allow a Council member to sit on their board to oversee the
funding. She doesn't want to give any money to the 5Oth Anniversary unless Council
sees how the money is allocated. She stated spending $500,000 on a tent for a seven
month period doesn't make sense when there is a lot of the money in the museum and
they have permanent exhibits. Rogers suggested $250,000 be earmarked in the
budget; $50,000 for the Colorado Ski Museum and $200,000 for Bravo. Zemler asked
for clarification of recommendation of one time funding of Bravo. Rogers said she is
more than happy to make these one time allocations. Rogers stated she is on the
Bravo board as the town's representative. Donovan asked if the breakdown of the
$250,000 for the 5Oth Anniversary event included the Pioneer/Founders event in the fall.
Tjossem said it is included in the $250,000 and has $30,000 for that event. Rogers said
if Vail Resort Inc. (VRI) wants to have a $3.7 million party, they need to find private
sponsors for $3.5 million. Tjossem said one clarification is this is the town's 5Oth
Anniversary and the event represents the town as well.
Cleveland said this is a big change in how the Council has been funding events and
operating in the past. He is opposed to funding operating costs to non -profits. He
thinks it is a big mistake to fund operational costs and an improper use of tax payer's
money. Rogers said summer activities need to be supported and funded and not
funding them is defeating the purpose of having a year-round economy.
Cleveland said funding of operational costs is not acceptable. Newbury said she has a
fundamental problem with giving funding to events when every event from CSE is not
successful. She said the town is cutting their operating budget every where else and
the budget is flat. They have cut employee benefits, cut full-time employees and have
not had increases in staff. She has a problem that some of the organizations feel they
deserve more from the town when we are holding the line on municipal services. She
Town Council Meeting Minutes of October 18, 2011 Page 5
doesn't believe it is not time to not put money in reserves and to spend more money on
other organizations and events. Tjossem said these iconic events are our insurance and
keeps other people coming to Vail and allows all of us to prosper.
Foley said he could support Roger's recommendations for one year. Donovan is
comfortable with staff recommendations. Cleveland said he is not opposed to taking
$100,000 and earmarking it but won't vote for this now as they don't know what the
money will be for. He said to piggy back on what Newbury said, it's time for the CSE to
evaluate the programs, to allow new programs to take the place of events that no
longer serve Vail. Cleveland is okay with the previous staff recommendation of holding
out $100,000 and having event producers come in and request funding. Rogers said
there is a $142,000 budget surplus in 2012. She said the town budget has always far
exceeded budget projections for years. In 2011, the town will have $850,000 more
than the amended 2011 budget. She is asking for $142,000 on a one time basis for
events and institutions. Rogers stated this is an incredibly conservative investment to
generate more income and it makes no sense to not fully support these events. Daly
asked Halloran about RETT collections being below projections. Halloran said the RETT
is down by $600,000, the parking revenue is down and the construction use tax us up
slightly. Growth is in sales tax and the lift tax.
Daly said his point is that revenue overall will fall below 2011 projections. Further
discussion ensued. Cleveland said he is supportive of Streetbeat for this year and to
take $150,000 and earmark it for a special event. Staff's most recent recommendation
is funding of $25,000 for Streetbeat; $25,000 for Bravo for their 25th Anniversary event;
$20,000 for the Colorado Ski Museum; $25,000 to CSE for allocation to the Vail
Symposium; $20,000 to the BFAG to repair the water feature. Donovan suggested
there are three proposals for the 5Oth anniversary floating around and she wants the
funding of $30,000 for the Pioneer event separated out of the total funding and
earmarked separately.
Daly said Streetbeat funding was obligated to go forward as required but he wanted the
VVF placed on notice that this is last year for funding. Daly agreed with Cleveland
regarding the Colorado Ski Museum. Daly said the best way to handle this is to get
four votes on any of the proposals. Rogers proposal to take $142,000 out of
operational funds and $64,380 out of RETT funds for BFAG had two votes, from Foley
and Rogers.
The second proposal from Cleveland was for the original recommendation from two
weeks ago and adding $142,000 as a line item when they get specific proposals, as well
as funding for Streetbeat, $20,000 for BFAG repair of the water feature. He has a
problem with funding operational costs of nonprofits. He also said some of the CSE
funding could be moved to new events. There was no other Council support for the
second proposal.
Town Council Meeting Minutes of October 18, 2011 Page 6
Daly stated the third proposal was for the staff recommendation as is. Foley, Donovan
and Daly were supportive of this proposal.
Jim Lamont, representing the Vail Homeowner's Association, would like a press release
on the conference center funding and how that will be allocated.
Rayla Kundolf, a member of the CSE, was supportive of the CSE getting another
$100,000 in additional funding. She said the CSE does listen to the VLMDAC and the
CSE will reevaluate current special events. She said decisions on which events will be
funded for 2012 will be made next month. The CSE is pushing for event producers to
have additional sponsorships. They will be asking each event producer what the town's
funding will be used for and what the town will be getting for the money given. They
will be earmarking a certain amount for each event and disperse the final funds after
the event is recapped. She stated special events are bringing people and money into
town and funding special events is an investment.
Newbury said there seems to be an idea in the community and in Council that if an
event is not funded it will go away. She stated if we weren't looking at the present
economy that isn't growing, and asking staff to keep the municipal budget flat and also
raising health benefit costs, this would be considered differently.
Tjossem said she is employed by the Colorado Ski Museum. She said she has read the
town's Mission Statement and non -profits help the town fulfill the mission. The town
has spent $850,000 for the library each year. The non-profit community has made Vail
have the reputation we have. She said successful, iconic events drive our sales tax.
Foley ask about the general budget presented and wanted further detail on where the
money is allocated. Halloran stated 65% of the money goes to municipal services and
operations and 35% to capital improvements. Foley stated staff costs will continue to
climb.
Daly asked Greg Hall about the $630,000 budgeted for CDOT mandated Frontage Road
improvements for overflow parking in summer and winter. Hall said those
improvements don't have to be done until 2012. Daly wants the town to only fund 30%
to 40% of those costs and have a conversation with VRI to help share funding costs of
60%- 70% to make those improvements, if we are continuing to use the Frontage Road
for parking. Daly doesn't want the total costs of the Frontage Road improvements paid
by Vail taxpayers. He says we are doing an injustice to the taxpayers if the town pays
for the total cost.
Newbury, Tjossem, Cleveland and Daly supported reducing the $630,000 to 40% of the
total cost and to negotiate with VRI for the balance. Council directed staff to adjust this
Town Council Meeting Minutes of October 18, 2011 Page 7
budget by 60% and engage VRI in cost sharing. Hall said the CDOT lease is coming
and this cost isn't budgeted now. Zemler asked Mire if the Council is making an
obligation if it isn't funded by VRI. Mire said that could happen because every contract
is subject to Council appropriation.
Rogers said the library repairs of $36,200 were approved for repairs to the library. Her
concern was why spend that money if a major remodel is being done. Hall said this is
specific to regular maintenance and this isn't part of the major remodel.
Cleveland redirected the discussion back Council contributions for special events for a
solution. Rogers said BFAG is not like other non -profits as the town owns the land upon
which the gardens sit. If BFAG went away, the town would have to maintain the
garden area. She doesn't have a problem funding operational costs when they are
operating the gardens on town property.
Foley said he doesn't like giving $250,000 for funding to the 50th Anniversary event and
not giving funding to the non -profits. He also wants to separate and earmark $30,000
from the 50th Anniversary event for the Pioneer weekend.
Daly made a motion to approve the budget with the following amendments; $630,000
for Frontage Road to be reduced 60% subject to discussions and negotiations with VRI;
special event cost of $250,000 earmarked for 50th anniversary to reflect that $220,000
is for the 50th Anniversary and $30,000 is for the Pioneer weekend which is part of the
50th Anniversary. Also, $95,000 from the general fund from staff recommendations
broken down as follows: $25,000 for Streetbeat; $25,000 for Bravo; $20,000 for the
Colorado Ski Museum specific to the 50th anniversary; and $25,000 for additional CSE
funding of the Vail Symposium event. And $20,000 from the RETT fund for the BFAG
repair of a water feature. The motion was seconded by Donovan. All of these are to be
one time only allocations.
Halloran made a clarification that there was $7,500 for in -kind services for Streetbeat
included.
Daly amended his motion, and the motion was seconded by Donovan. A vote was
taken and the motion failed, 4-3, with Newbury, Cleveland and Rogers opposed.
Tjossem said it was time to compromise as they were now holding the town hostage
over special event contributions.
Tjossem asked Rogers if she voted no due to wanting more funding for special events.
Rogers said she is asking to increase the surplus funds from $95,000 to $142,000 that
the town will collect this year. Rogers wants BFAG to have more funding as they have
been underfunded for a long time. The BFAG is getting $55,620 currently.
Town Council Meeting Minutes of October 18, 2011 Page 8
Daly made a motion to approve $95,000 from the general fund and an additional
$25,000 for general fund incremental charitable discretion from the next Council;
$20,000 to BFAG for repair of their fountain plus an additional $10,000 for the BFAG
organization as seen fit. The motion was seconded by Donovan. A vote was taken and
passed 5-2 with Cleveland and Newbury opposed.
The sixth item on the agenda was the Ever Vail development discussion. This public
hearing will focus on one of the applications intended to facilitate the Ever Vail
development. Specifically the Vail Town Council is being asked to take action on
Resolution No. 6, Series of 2011 which will adopt amendments to the Lionshead
Redevelopment Master Plan to facilitate the Ever Vail project.
Campbell requested the Council approve Resolution No. 6, Series of 2011 and staff also
requests the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be
continued to the December 6, 2011 public hearing.
Newbury clarified the motion isn't to approve PEC motions but to approve
recommendations by PEC plus the changes as stated by Council from past meetings.
Campbell said yes that is correct. Foley asked about the underpass from Simba and
when it would be done. Campbell said there is no timetable of when this would be
done.
Further discussion ensued on the Master plan versus a development plan.
Rogers made a motion to approve Resolution No. 6, with the PEC findings, and the
motion was seconded by Tjossem.
Mauriello said there is one change on page 18 regarding the office space that now
states 3 to 12.
Rogers made a motion to amend her motion with the office space change and the
motion was seconded by Tjossem.
Jim Lamont, representing the Vail Homeowners Association, said Council has done a
thorough job challenging each other, the applicant and PEC. They have allowed the
next generation to work on what is being done here. Lamont recommended council
really encourage VRI to move forward with putting more capital into this project and to
benefit the community as intended.
Eric Perkins, a local resident, said he is concerned about this project as past history of
VRI projects haven't panned out. He wants to know what the town is getting out of it.
Foley said his no vote will be because of the Simba Run underpass.
Town Council Meeting Minutes of October 18, 2011 Page 9
A vote was taken and the motion passed, 6-1, Foley opposed.
Donovan made a motion to continue the other four items for major subdivision,
rezoning, special developments and amendments to the December 6 meeting and
the motion was seconded by Rogers. A vote was taken and passed, 7-0.
The seventh item on the agenda was a request to proceed with Phase 2 of the
predevelopment process for the Town of Vail Municipal Site Redevelopment Project.
George Ruther, Community Development Director, stated there is a request to
proceed with Phase 2 of the municipal site redevelopment feasibility study. On May
17, the Council approved a resolution to sign a mutual agreement to look at the
opportunity to remodel the town municipal site. He said Council is being asked to
provide direction to the staff on whether a contractual agreement with the Vail
Valley Medical Center, Steadman Clinic and Steadman-Philippon Research Institute
should be prepared and executed to proceed with Phase 2 of the predevelopment
process. Triumph Development, LLC, would be responsible for ensuring completion
of the identified scope of work for phase 2. If instructed to do so, staff will prepare
a resolution for the Council's consideration authorizing the Town Manager to sign
the contractual agreement. The town solicited Triumph Development to look into
developing the property. Phase I is done and the town staff and the other partners
believe it is still feasible. The programming work has been done and the project can
fit on the property. The memorandum outlines the stages of the phase 2
predevelopment process. It will take 90 days to get through this phase and the cost
is $300,000 to complete this work. The town's share of the cost is 1/3 or $100,000.
Council will be updated frequently through the next 90 days and they can terminate
the contract if they so choose.
Daly said the municipal offices will be displaced and asked if the study will include
where the offices will be moved. Ruther said the Phase 2 scope of work includes
how the town's space would be reviewed. Cleveland is in support of moving
forward. Daly is concerned the subsidy for the land value is a low market rate for
the property. He doesn't believe town property should be given away to subsidize
someone else. He wants to know if the other partners understand the town can't
subsidize the land value. Ruther said they have discussed this with the partners.
Ruther asked if the land cost subsidy was a deal breaker before the town spends
$100,000. Staff will get specific direction before they come back on November 1st
with a resolution to approve the $100,000. One of the purposes of Phase 2 is to get
a better understanding of how this project will work. Tjossem said the community
can make appointments to tour the current facilities to see what this project will
bring to the town. Ruther said there are tours scheduled for November 1 and 3 and
to contact him to make a reservation. Rogers said there is also a "You Tube" video
Town Council Meeting Minutes of October 18, 2011 Page 10
on the research institute which is very interesting and revealing. This is an
important economic year-round driver for the community.
Foley made a motion for staff to prepare a resolution authorizing the Town Manager
to sign a contractual agreement with its development project partners to complete
the phase 2 pre -development process scope of work as described in the staff
memorandum and the motion was seconded by Rogers. A vote was taken and
passed unanimously, 7-0.
The eighth item on the agenda was first reading of Ordinance No. 23, Series of
2011, an ordinance extending, until November 19, 2012, amendments to Chapter
11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for
informational and directional signs for public parking on private property and
allowing the Administrator to approve said signs subject to review, and setting forth
details in regard thereto.
Bill Gibson, Planner, stated Ordinance No. 23, Series of 2011, is intended to extend
the effective date of Ordinance No. 12, Series of 2011, from November 21, 2011
until November 19, 2012. No other change to the regulations is proposed.
Extending the effective date will allow the town to explore opportunities for
incorporating public parking on private property sign regulations into a larger
signage and way -finding initiative currently underway.
Gibson said this is an extension of an existing temporary sign program. Tjossem said
she thought it worked well in winter and allowed private entities to advertise. She said
she continues to get complaints that guests were being misled. She is supportive of
going through the ski season but the town and private entities need to do a better job
next summer. Rogers suggested the signs should say public parking is 1/4 mile straight
ahead. Daly said they may need to come up with other solutions. Donovan asked when
they will see the way -finding signage.
Greg Hall, Public Works Director, said a permanent solution is part of the way -finding
process and the process may be in front of Council by May, 2012, for a permanent
solution.
Donovan made a motion to approve first reading of Ordinance No. 23 and the motion
was seconded by Newbury. A vote was taken and the motion passed, 5-2 Tjossem and
Foley opposed.
The ninth item on the agenda was second reading of Ordinance No. 19, Series of
2011, an ordinance repealing and reenacting Special Development District No. 29, The
Valley Phase II, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town
Town Council Meeting Minutes of October 18, 2011 Page 11
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 of Planning, stated Council passed Ordinance No. 19, Series of
2011, upon first reading at their October 4, 2011 hearing and there have been no
changes.
Newbury made a motion to approve second reading of Ordinance No. 19, and the
motion was seconded by Rogers. A vote was taken and the motion passed
unanimously, 7-0.
The ninth item on the agenda was adjournment.
As there was no further business, Tjossem made a motion to adjourn and the motion
was seconded by Foley. A vote was taken and the motion passed, 7-0. The meeting
adjourned at 8:15 p.m.
Respectfully submitted,
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Dick Cleveland MA
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Town Council Meeting Minutes of October 18, 2011 Page 12