HomeMy WebLinkAbout2012-09-04 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, September 4, 2012
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 Andy Daly.
Members present: Andy Daly, Mayor
Kerry Donovan
Kevin Foley
Ludwig Kurz
Greg Moffet
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Lorelei Donaldson, Town Clerk
The first item on the agenda was Citizen Participation. Kaye Ferry introduced Kevin Lundberg
as the Republican candidate for the Colorado State Senate Seat for the Second Congressional
District. Lundberg stated the district has been redrawn and includes several mountain
communities including Vail and most of the Northern and Central communities in the front range
of Colorado. He stated he will bring the same solid principles he has championed for the past
ten years as a state legislator. He said he would continue to work toward lower tax burdens,
more reasonable regulations, local control of education, getting people back to work, repealing
the federally mandated medical plan and getting rid of more federal policies. He said he was a
small business owner and he understood the hardships of over regulation and government
intrusion. He wants to preserve individual liberties. He said people can access more
information at his website at www.Lundbera20l2.com.
Ann Fattor introduced herself and said she is running for a seat on the State Board of Education
for District Two. She said she has a long history of service to her community and good
leadership. She has eight years of service on the Gilpin County Board of Education, four years
on the Colorado Association of School Boards and was president of that board in 2002. She
has also been chair of the Gilpin County Republicans since 2008. She stated more information
can be found at her website at www.fattor4stateboardofeducation.com.
The second item on the agenda was the Consent Agenda. On the consent agenda were the
approvals of a correction plat for Moraine Drive; approval of the August 7, 2012, meeting
minutes; and the August 21, 2012, meeting minutes.
Moffet made a motion to approve the consent agenda with minor changes to the meeting
minutes and the motion was seconded by Donovan. A vote was taken and the motion passed,
unanimously, 7-0.
Town of Vail Meeting Minutes of September 4, 2012 Page 1
The third item on the agenda was the town manager report. Under this item was an update on
the water and drought conditions from the Eagle River Water and Sanitation District (ERWSD).
Diane Johnson, ERWSD representative, stated the main update was in switching processes
from how much water is available to meeting the demand to customers. She discussed the
main stream flow and senior rights of the creek and how they revise their operations to adapt to
the cfs flows and demands to customers. She said they are asking customers to lessen the
impact on Gore Creek by letting their lawns go dormant now and reduce their usage of water as
much as possible. She encouraged people to button up their sprinkler systems early and not
wait until the first frost. The current outlook is that the drought will persist through November.
Rick Sackbauer, board member of the ERWSD, stated the district has signed an agreement
with Vail Resorts, Inc. (VRI) to move water through the VRI snow making system and put it into
Gore Creek. They saw significant changes through this process. VRI is concerned about the
water flow levels for snowmaking equipment. This should be a win -win for everyone. Kurz
asked him to explain where water is pumped normally. Sackbauer said in the summertime,
most of the water is from the Vail end of the valley and interconnects down to Eagle -Vail, Avon
and the Edwards area for landscape irrigation. This year, water was moved from the Edwards,
Avon and Eagle -Vail area up to the Vail area. He said VRI can take water from Gore Creek and
the Eagle River into their snowmaking system. Water is usually not ever released into Gore
Creek. He also stated that the Black Lakes at the top of Vail Pass are full at this time.
The fourth item on the agenda was first reading of Ordinance No. 10, Series of 2012, an
ordinance amending Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail
Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
maintenance of adopted view corridors impacted by vegetation, and setting forth details in
regard thereto.
Warren Campbell, Chief Planner, said this is first reading of Ordinance No. 10. On July 17,
2012, the Council heard a presentation on the current view corridor regulations and concerns
raised by the Planning and Environmental Commission (PEC). After the presentation the
Council directed staff to propose amendments addressing the maintenance of vegetation
impacting adopted view corridors. On August 13, 2012, the PEC forwarded a recommendation
of denial (5-0-0) on proposed amendments to Chapter 12- 22, View Corridors, and Section 14-
10-3C, Site Planning, Vail Town Code, to allow for the maintenance of adopted view corridors
impacted by vegetation. He said the DRB was concerned about negative impacts.
Rogers asked for a more detailed account about the PEC conclusions that were the basis of
their denial and how it would have a negative impact. Tjossem asked if the PEC understood the
question they were specifically trying to address was about four view corridors. Campbell said
he believes they understood the broader policies and that View Corridor #1 was included in their
discussions. The PEC comments were focused on stream health and were concerned the
mitigation to the vegetation could go to one extreme. He said the DRB has consistently used
Section 14-10-3(C) to prevent removal of vegetation for the sole purpose of obtaining a view to
a landmark (commonly the Gore Range or the ski mountain). This section of the code reads, "C.
Removal of trees, shrubs, and other native vegetation shall be limited to removal of those
essential for development of the site, those identified as diseased or those essential for creating
Town of Vail Meeting Minutes of September 4, 2012 Page 2
defensible space. Mitigation may be required for tree removal." The DRB was concerned about
allowing the town to perform an action which is consistently denied for private property owners.
Jim Lamont, representing the Vail Homeowners Association, stated he didn't participate in this
topic when it was previously discussed. He thinks this is a political issue. The marketing value
of having a view of the Clock Tower would be a photo opportunity from the Vail Transportation
Center belvedere. He said it was evident that people turn to the iconic view of Vail and it is no
longer there due to the trees.
Campbell said there are three aspens impacted in View Corridor #1. He also stated all view
corridor points are on public property but they do cross over private property. Most of the trees
are on private property in the view corridor and do not impede the view as they would have to
double or triple in size to do so.
Lamont asked more questions regarding various aspects of the ordinance and view corridor
issues. Lamont urged Council to re -expose the Clock Tower in View Corridor #1 at the
minimum. Rogers asked if the trees could be trimmed or get a variance. Campbell said this
type of application isn't what you would get a variance on. Campbell said language has to be
passed to let the Design Review Board have the chance to evaluate based on a case by case
basis to address issues as they appear. He said on the PEC level, most of the requests would
come from the town.
Rogers said she understands the concerns of the PEC, but in View Corridor #1, four trees are
not going to impact the water temperature of the creek. She asked if the Council could consider
an ordinance that effected View Corridor #1 only. Mire said that would be harder to enforce.
Mire said Vail is a homerule municipality and they could consider whatever they want. Further
discussion ensued.
Campbell reviewed the memorandum and ordinance language in more detail to explain how the
process would work if the ordinance passed. He discussed the roles of the PEC and DRB in the
process.
Rogers said there is an issue with View Corridor #1 and she wants to get this taken care of
without unintended consequences. Campbell said he understands and believes this ordinance
allows the town to reevaluate issues on every view corridor, not just View Corridor #1.
Tjossem said she was voting in favor of adopting the ordinance to have flexibility to trim
vegetation as it may be necessary. Rogers agreed.
Tjossem made a motion to approve Ordinance No. 10, on first reading and the motion was
seconded by Rogers. Donovan said she will support approval of first reading. She said she will
get more information from someone who sat on the Council in the 1990's to get his/her intent of
the ordinance when it was passed at that time.
A vote was taken and the motion passed unanimously, 7-0.
Moffet said he wanted language added so people couldn't "top" trees. Campbell said he would
add to the proposed ordinance on second reading.
Town of Vail Meeting Minutes of September 4, 2012 Page 3
The fifth item on the agenda was Resolution No. 25, Series of 2012, A resolution calling a
Special Election for November 6, 2012, to be Coordinated with Eagle County, and submitting
ballot questions to the registered electors of the town at the November 6, 2012, Coordinated/
Special Election.
Matt Mire, Town Attorney, stated the Council has determined that several changes to the Vail
Town Charter are warranted. All amendments to the Vail Town Charter must be approved by
the registered electors of the town at a regular or special election.
He stated the Council has heard the individual items and agreed to most of them at the previous
Council meeting. He said there were still two outstanding questions that needed resolution. On
ballot question number two regarding changing the language of the date for November
elections, Moffet had a question regarding Tabor. He said with federal elections, the state has
to coincide the federal elections in even number years to coordinate with state elections. The
town wants to have the discretion to have even number years to coordinate a special election
with the county and state elections.
The second item Mire reiterated from the previous meeting, the Council wanted to preserve the
initiative and referendum percentages and adopt state language for the rest of the initiative and
referendum section of the charter. He also said that with the ballot question regarding the
capital program, there is a reference in the charter now but it does not state it should be a 50/50
split. The ballot language would allow for the capital program to be in the Charter but the split
be set by ordinance. A sample ordinance was attached to the Council agenda packet for
Council review. He read the changes in the ordinance.
Rogers made a motion to approve Resolution No. 25 and the motion was seconded by Moffet
and Kurz.
Jim Lamont, representing the Vail Homeowners Association, asked Mire about the 50/50 split
being taken out of the Charter. Mire said the Charter doesn't reference the percentages, but
this change will allow the percentages to be set by ordinance. The draft ordinance doesn't put
in a specific split currently. The Council can already change the percentage by ordinance. Mire
reiterated there is no charter or ordinance requirement for a 50/50 split.
Lamont reiterated that the reality is there is no longer a 50/50 split and there can be an
ordinance passed setting percentages now. The super majority vote of the Council can change
that at its discretion at any time. He said when the Charter originally addressed this issue, it
was to have a balance between operations and capital. The Council has two debates, one,
keeping it 50/50 and the rational with changing percentages; and two, how the budget should be
balanced.
Rogers said the budget process has to be approved every year no matter whether it is by
ordinance or by Charter. The Council is suggesting to take it out of the Charter and putting in
language by ordinance. Lamont said when it comes to budgeting the Council will change every
two years. Rogers said this language cleans up the Charter. Lamont would like the
percentages in the Charter where the people vote on the changes in the split.
Town of Vail Meeting Minutes of September 4, 2012 Page 4
Moffet said he understands Lamont's concerns, but the bigger pticure is that the Charter doesn't
state there needs to be a 50/50 split. Everyone thought it was in the Charter but it doesn't exist.
The Council is putting more teeth in the system that the Council will have to adhere to.
Daly said his opinion is different. He said the town has been responsible in the past under the
assumption that the Council was required to allocate a 50 percent split to capital and 50 percent
split to operating over the years. This has resulted in behavior that has been advantageous on
how the town has been run. The idea of putting it in an ordinance and requiring a super majority
for changing it is not a guarantee that the stewardship and fiscal responsibility will continue and
be adhered to in the future. He is a proponent of having additional language of a 50/50 or 60/40
or some allocation split be added in the Charter and not by ordinance.
Moffet said if a future Council decided to abandon the percentages, there is still a way for the
populace to weigh in on the decision as it could be subject to the referendum process.
A vote was taken and the motion passed 6-1, with Daly opposed.
The sixth item on the agenda was an update on the Vail Golf and Nordic Clubhouse project.
Greg Hall, Public Works Director, stated that staff presented a comprehensive project issues
report at the August 21, 2012, Council meeting. This report was prepared based on letters and
comments received to date from the community regarding the clubhouse project. Public
comment was taken on the list of issues and based on this input the list was refined to include
better clarification with regard to concerns about lighting and the overall economic need for the
facility. At the conclusion of the August 21 st meeting, it was decided that staff would present
responses to these issues at the September 4th and 18th Council meetings. There were
thirteen issues regarding the project that were discussed on August 21 st. Topics that were
discussed at the work session on September 4th included: 1) the re -zoning process, General
Use(GU) zone district, etc.; 2) tents; 3) future use of 18th green area once the realignment is
complete; 4) the parking lot access; and 5) the driving range netting. He asked the Council to
provide feedback to the staff regarding the items presented. This will allow the project team to
better respond to the issues which have been gathered and to prepare responses to these
issues to be included in a formal application for the project. Staff needed to get Council and
public input again.
Tom Braun, with Braun and Associates, Inc., said they will have more information in the next
few weeks. The project team wants to go into the five topics as they know more about them.
He reviewed the process and rezoning item first. In regard to the re-zoning/GU District, the
project team's original objectives were: resolve the existing condition of the club house area
being zoned both General Use (GU) and Outdoor Recreation (OR) and establish development
standards for a development review process that will allow for a building height up to 33'
(sloping roofs). The concerns were that any rezoning would need to include a development
plan. They are committed to having a development plan included when an application is
submitted. The GU would have a broader use than outdoor recreation zoning. This is an
awkward situation that should be remedied. The whole project should have just one zone
district as it creates more challenges.
Town of Vail Meeting Minutes of September 4, 2012 Page 5
Rogers asked if the outdoor recreation zoning requires a specific number of parking spaces as
she doesn't want to do something that would require a large parking lot if we make it Outdoor
Recreation District versus General Use District.
Braun stated that the number of parking spaces required would not be increased with either
zoning designation. The one issue in the outdoor recreation district is the 24-foot building height
limit. The proposed building has a height of 33 feet. There could be an amendment to the
Outdoor Recreation District to change the height from 24 feet to 33 feet, but that may create
further complications with other Outdoor Recreation District properties. Further discussion
ensued on the merits of General Use versus Outdoor Recreation.
Braun reviewed the second topic which was the use of tents. In the powerpoint presentation,
they listed that no tents would be allowed for private functions. However, a bonafide community
event could have a tent. Rogers asked if the VRD did a financial analysis to make it a profitable
enterprise and that was why the tent concept came into play. Ortiz said that is not true. They
need outdoor space but they don't necessarily need a tent. Daly said there was a space on the
plans so Zehren put "tent" on it and that's where this came from. Braun said it also came from
the fact that tents have been used in the past.
Tjossem asked about the terminology of what constitutes a "bonafide community event." She
said that needs to be defined as it opens this up to lots of various interpretations over the years.
Braun said they don't want to preclude a larger event that may need a tent. Tjossem said to use
a stronger word to define it. Braun said this will be addressed in the conditional use application.
Daly asked to add the location for the tent to the drawings as well.
Braun said the third topic was the use of the 181h green space. If they are committing to this
use, define it and program it in the conditional use application. They are still working on the
possible uses. Other possible uses that may be compatible with the neighborhood is a putting
green, a putting course, badminton, croquet, bocce ball or something else.
Moffet said they need to be sensitive to the fact that this space will be right next to a green.
Rogers said this is why they need the expertise from the VRD as they know what is compatible
and are the experts, not Council.
Braun then talked about the parking lot access. He said currently there is 185 to 190 feet of site
distance. In the new process, it reduces this to about 130 feet of site distance. Hall studied
industry standards and there is a lot of conflicting information. The Ashto Traffic Code Manual,
which is the leading expert in this field, suggests there the standard site distance is 170 feet;
thus, they made the decision to keep it where it is to be in compliance with the standards.
Braun said the last topic was about the netting and Mike Ortiz will be addressing the topic.
Mike Ortiz, Vail Recreation District Director, said the VRD board and staff have come to the
conclusion, throughout the process, they are not going to pursue putting up the driving range
net this fall. They need to put the net up when the ground is dry and spring is not a good time
as it is too wet. They plan on installing the netting next fall. They will try to manage the range in
2013 as best they can. They will keep studying where the balls are landing and see if they can
do mitigation of balls going over the net. They plan to do this through signage, verbal
communication and more staff on the range. A large part of the problem of balls going over the
net is due to people doing it on purpose. If they have staff policing this area it will cut down on
Town of Vail Meeting Minutes of September 4, 2012 Page 6
the problem. This is a working plan for the summer of 2013 and is not the permanent solution.
It will be studied and they will come back to Council and give them the data of how it worked
and what they propose.
He went through the power point presentation and discussed that the range will be narrowed
even more because the baffles will come out into the range and will impact the guest
experience. The current range is already narrow. While this could be a solution, it's not
optimal. It will impact the guest experience, quality, revenues and operations. This whole
project will be a significant impact financially to the revenues and operations of the VRD to be
shut down for a year. He discussed in more detail aspects of the poles, netting and site plan.
He said there has been a lot of talk with consultants on how to make this work best. A lot of talk
has been on why a net needs to be there now. He said all over the golf course they have
adjoining fairways and people get hit all the time but they don't always report it. He has seen it
happen. When you are on the fairway you are a moving target. When you place it on a green,
you are a standing target and the likelihood of getting hit is that much more.
Tjossem said she was confused about having to move the 18t' green. She thought it was
because of the ball flight concerns and that netting was going to solve it. Now it seems to put
off the net test for a year while all the other things are in motion makes her wonder how
legitimate the nets were in the first place. She wants to understand the process. The sequence
of the process is out of place to her.
Ortiz stated there are two ball flights to consider. The first is coming from the driving range
hitting into the 18t' hole where people are a standing target. And the second is that the fairway
is being moved because it is currently too close to the current patio and clubhouse and balls are
hitting people there. Further discussion ensued.
Tjossem said she would like to see that all aspects of the Vail Golf Course Clubhouse design
and 18t' green being moved discussed at one meeting, including the green, the grill, the patio
and clubhouse design. She doesn't want two separate discussions as it complicates the issue.
Hall stated there are other issues that need to be considered as well: project costs, netting,
design, concerns about the soils and wind load.
Daly said at the next meeting they should plan on coming back to discuss the netting to see it in
terms of design for play on the modified 18t' green. Also, impacts to the front of the clubhouse,
deck and the driving range as it impacts the 18't' green and the new cart dropoff and the grill on
the north side of new clubhouse.
Ortiz said the operation plan is a working document and the VRD board will be reviewing it at
their next Thursday meeting on October 6`h. This is a working document. It will not be a final
document that is presented to the Council on September 18th.
Zemler said they shouldn't commit to the September 18th meeting for hearing about the
operating plan as they won't have all the information necessary until the first meeting in
October. Daly said this will be a three meeting process. Zemler said at least three meetings.
Daly said the public should limit their comments to two minutes. He asked to have a civil and
respectful process and to take side conversations out of the meeting room. He asked everyone
Town of Vail Meeting Minutes of September 4, 2012 Page 7
to stay focused on issues presented tonight to get solid feedback relative to the information
provided.
Raul Hamlin, a property owner, said we are painting ourselves into corner with a hodgepodge of
expensive bandaids. He said it comes down to the 200 person community room. He said the
200 person room space should be lowered as there may be no desire to have this space as
there are other new venues on Vail mountain that may suffice. He said Council needs to
reconsider the size of the community space, the size of the patio and moving the new green.
Cutting the space down will save a lot of money for netting and other expenses.
Art Abplanalp, attorney for Glenn Hilliard who is an adjacent property owner, said Mr. Hilliard
forwarded an email covering issues that have been identified with this project. All comments
were contained in the letter from him and his neighbors. He wants the email sent to Council
added to the packet for the record. He said the project is unacceptable at this time. The
difference between him and the rest of the neighborhood is Hilliard is the only one who wants to
continue discussions. Others don't. He addressed the removal of the re -zoning as a good
thing. Tents should not be allowed. The alternative use of the 18`h hole should generate no
additional traffic. With reference to the change in the access point of parking, leaving it where it
is was a good decision. He said the safety issues are more imaginative than credible. The
height issue in the present plan would locate any significant improved area outdoors to the north
of the clubhouse.
Zemler said they have had many requests to flip the spaces. He asked Abplanalp if the
neighbors are saying they want to flip all activity to the north side of the building. Alplanalp said
the plan they are suggesting would assume the building would remain in its current area and the
kitchen would be in the same place. The difference is that the expanded space on the north
side would be for the patio and grill.
Sam Maslak, a Sunburst Drive property owner, stated the majority of adjacent property owners
said they didn't know this discussion was being held until last Friday, so the next meeting will
have better attendance from the neighbors. He said he just recently received the Hilliard letter
and he and other neighbors didn't have an opportunity to add to the list. He wants to expand
the list of topics besides the 18`h fairway to discuss at future meetings. He said the addition of
an event center seems contrary to the purpose of the golf course and asked if the event center
was in compliance with the Pulis covenants. He said that if a conditional use permit would allow
for tents at public events but not for private events is a concern. He said this process could also
be used to allow tents for private events as well. He said if additional revenues are needed to
support an event center, this would be an issue and putting up a tent at all is a concern.
Deborah Webster, a property owner on Sunburst Drive, said in general there is a sense from the
neighbors that they don't understand the dynamics of the town direction. She said they are in
agreement that they need a world class club house. However, they view the event center as
taking money out of having a world class golf club house. She said everyone should remain
flexible and focus on what the voters wanted. She has looked at the Donovan Pavilion said they
should compare the two venues. She wants Council to look at the residences in relation to the
clubhouse.
Peter Cook said he lives in East Vail and has played the golf course many times. He said when
the residents voted on this, they only wanted a clubhouse that didn't stink and was worth
Town of Vail Meeting Minutes of September 4, 2012 Page 8
having. As it has evolved, it is an event center. He said people have said not to call it an event
center but he feels this is an event center. He said if the town and VRD make all the changes
as proposed, it will be a lot of money. He said there is no way to make a ROI out of a 200
space event center. He doesn't see how this project can fly financially.
Jim Lamont, representing the Vail Homeowners Association, said special events have a
voracious appetitie and he doesn't think this will be an acceptable solution. He wants it clarified
that all parties consider view corridor protection from residences and from the public street and
down the 18t' fairway. He said the views of the building should be reoriented because the
neighbors may decide to do forms of guerrilla warfare to make it unpleasant to look at.
Whatever uses are put on the vacated green need to be similar to the use as is currently.
Rick Sackbauer said he lives in the VRD District, is a VRD board member, but these were his
personal comments. He said this information has not been in front of the VRD yet. He said he
personally has a different view of tents than many people. He said a tent can be a part of the
building that fits the mass, height and color. He stated that operating this current building for the
last four years and knowing that Vail has cool evenings, rain and other weather, the tents could
expand the golf course functions and would work. He said the Eagle -Vail Golf Course and Red
Sky Golf Course both accommodate tents that are used, not often, but well. He said in
response to Mr. Hilliard's comments to move functions to the north, the architect has done an
excellent job of keeping events away from the golfers and golfers away from the events as I is
not compatible to mix those two functions.
Malia Norbrega,with Crossroads Realty, said they represent Phase II, III and IV of the Vail
Golfcourse Townhome owners. She said some progress has been made so far and the owners
will be happy to hear that the zoning has been removed from the discussions. The comparison
with the Eagle -Vail Golf Course should not be compared with the Vail Golf Course as it is not
anywhere reasonable for the type of multi -uses being considered with residences that exist
nearby. The tent and event center are a big concern of the homeowners. She said if the
economic impact is not very successful, this may push the VRD and town to seek to other ways
that can change the use of the space in the future. The owners don't want to see an events
center there. Doing an economic study will be helpful and she appreciates the work done so
far.
Daly invited the public to come to the next two meetings in two weeks and four weeks to
participate and work through this process.
The seventh item on the agenda was the appointment of one person to the Vail Local Licensing
Authority (VLLA) to fill a vacancy.
Staff requested the Council interview the interested applicants at the work session earlier in the
day and asked Council to appoint one new member at the evening meeting. The term of the
appointment runs from August, 2012, to June, 2013. Daly stated there were two candidates,
Luca Bruno and Chris Parks. Moffet thanked both applicants for applying and for their interest
in the town board. The council voted by ballot and Luca Bruno was then nominated to the VLLA.
Kurz made a motion to appoint Luca Bruno to the VLLA board and the motion was seconded by
Moffet. A vote was taken and the motion passed, unanimously, 7-0.
Town of Vail Meeting Minutes of September 4, 2012 Page 9
The eighth item on the agenda was the Century Link Utility Easement, so it is a revocable
easement removing it in the future if the town requires it, at the Ford Park Soccer Field.
Tom Kassmel, Public Works Engineer, said Century Link replaced a failing utility line at the
Northwoods Condominiums this past spring. They completed an underground bore in order to
accommodate the new line along the east edge of the Northwoods driveway, and behind their
existing entrance sign. Upon completion, it was determined that the new line was actually on
town property. Century Link is requesting an easement from the town for this new utility line in
order to keep it in its existing location. The existing utility line currently does not impact any town
infrastructure or landscape and does not require any further disturbance to town property. This
also is contingent upon removing it in the future if the town requires it.
Moffet made a motion to approve the draft of the easement to allow Century Link to go through
the Ford Park Soccer Field Lot, legally known as Vail Village Filing 7, Block 2, Tract & Lot A &
B, in a form approved by the Town Attorney with the requirement that Century Link will remove
the line and vacate the easement as necessary at any such time that the town requests its
removal or relocation. The motion was seconded by Foley. Rogers questioned whether this
should be an approval for a draft of an easement or an approval of the final easement. Further
discussion ensued about draft versus final easement approval by Council.
Moffet amended his motion to change the wording from draft to final easement and Foley
seconded the motion. A vote was taken and the motion passed, unanimously, 7-0.
The ninth item on the agenda was a discussion regarding the South Frontage Road
improvements and guardrail installation project.
Tom Kassmel, Public Works Engineer, said staff requested the Council allocate $396,000 from
the Traffic Impact Fee Fund to the 2012 budget and authorize the Town Manager to enter into
an agreement with Elam Construction Inc. to complete the South Frontage Road Improvements
and to enter into a separate agreement with Ideal Fencing Corp. to complete the guardrail
installation project.
He said in 2011, the Town of Vail and Colorado Department of Transportation (CDOT) entered
into an Intergovernmental Agreement (IGA) regarding the use of the Frontage Roads for
overflow parking. The IGA outlined certain safety improvements that are required to be installed
by the town at the overflow parking locations. The improvements to be completed in 2012
include shoulder widening of the South Frontage Road from approximately the Vail Resorts
maintenance facility to the heli-pad, and guardrail installation along 1-70 in two locations:
westbound 1-70 from Safeway to Arosa Drive and eastbound in the same location as the above
described shoulder widening.
Included in the improvements of the South Frontage Road is a CDOT-required westbound left
turn lane at West Lionshead Circle. The existing left turn volumes during the peak hour at this
location warrant the construction of a turn lane and the improvements have been identified by
CDOT and the town's Transportation Masterplan of 2009. Shoulder widening fees came from
Tax Increment Financing (TIF) funds. Traffic impact fees paid by the surrounding new
developments of Arrabelle in the amount of $305,000, Landmark Condominiums in the amount
of $46,000 and Lions Square Lodge North in the amount of $45,000. These fees were collected
for this turn lane improvement. The town publically bid the above projects and received bids on
August 28, 2012. Only one bid was received for the Frontage Road improvements from Elam
Town of Vail Meeting Minutes of September 4, 2012 Page 10
Construction; and two bids were received for the guardrail installation from Ideal Fencing Corp.
and Adarand. Daly asked what the budget for this project was. Kassmel said the engineers
estimate was $946,000 and the project is over $100,000. The guard rail estimate is lower than
anticipated.
Kassmel said staff recommends allocating $396,000 from the Traffic Impact Fee Fund to the
2012 budget for the required turn lane at West Lionshead Circle, and to authorize the Town
Manager to enter into contracts, in a form approved by the Town Attorney, with Elam
Construction Inc. to complete the South Frontage Road improvements and with Ideal Fencing
Corp. to complete the guardrail installation. Further discussion ensued.
Moffet asked if consultants and contractors feel the town is difficult to deal with and if that's why
the town didn't get additional bids. Kassmel said if contractors are available, they will bid on
projects. Daly asked about bid comparisons. Kassmel said it was difficult to do as there were
only 6 out of 30 items that were similar in each project. Tjossem asked why do this project now
instead of in the spring. Greg Hall stated these are part of CDOT requirements and approval
from CDOT. Daly said if CDOT was a significant part of this decision process, the town should
go back to them and ask them to pay for the additional premium costs. Further discussion
ensued.
Moffet made a motion to allocate $396,000 from the Traffic Impact Fee Fund to the 2012 budget
for the required turn lane at West Lionshead Circle, and to authorize the Town Manager to enter
into contracts, in a form approved by the Town Attorney, with Elam Construction Inc. to
complete the South Frontage Road improvements and with Ideal Fencing Corp. to complete the
guardrail installation. The motion was seconded by Rogers.
A vote was taken and the motion passed, 5-2, with Daly and Tjossem opposed. Daly would like
to see Vail Resorts Inc. pay for 50% of the costs and thinks cheaper prices may be available in
the spring.
The tenth item on the agenda was adjournment.
As there was no further business, Moffet made a motion to adjourn and the motion was
seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. The
meeting adjourned at 8:10 p.m.
Respec y Submitted,
Attest:
Andrew P. Daly, M
orelo Donaldson, Town Clerk CO
N OP
......•.�.9
SEAL
Town of Vail Meeting Minutes of September, 1012 Page 11