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HomeMy WebLinkAbout2012-09-18 Town Council MinutesVail Town Council Meeting Minutes Tuesday, September 18, 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. Jim Lamont, representing the Vail Homeowners Association, stated he appreciated Council's emergency alert system discussion at the work session. He requested they look into a simple alert system and how it can be used for wild fire notification in isolated areas of the community and how an additional system can be tagged on to the first system (i.e., Eagle County alert system). He agreed that $400,000 is too much to spend for the system presented at the work session. Shirley Welch, a Vail resident, stated Susie Tjossem had asked her to do a book over two years ago for the 50'" Anniversary celebration. She handed out her book, Images of America, Vail the First 50 years to each of the Council members and the Town Manager, Stan Zemler. Mike Cacioppo said he disagreed with the assessment of the emergency alert system. He recalled when he was on the Town Council many years ago; a vehicle came through town with a tank on it. The Russians were doing maneuvers in the U.S. The former Vail Police Chief, Ken Hughey, stated the town didn't have anything to defend against a tank. Cacioppo said he is not just interested in a fire alert system. He is interested and in favor of any kind of danger alert system for police, fire, roads and parks and recreation, in that order. Cacioppo said he thinks there may be increased terrorist attacks in the future. Kevin Foley expressed condolences to the family of Mark Ristow and Matt Mire for their losses. The second item on the agenda was the Town Manager Report. Zemler stated that speed management and issues will be presented at the October 16 meeting. Town of Vail September 18, 2012 meeting minutes Page 1 The third item on the agenda was a presentation from the U.S. Forest Service (USFS) regarding Bark Beetle mitigation strategies, life safety and hazardous fuel accumulations. Mark Miller said the scaled down version of the alert system presented at the work session could cost around $250,000. Another option that could be considered was a rapid readiness alert system where guests could sign up to be on it for a day. He said there are less expensive alert systems and he will investigate. Miller introduced Dave Neely, District Ranger with the Eagle/Holy Cross District and Ross Wilmore, the East Zone Fire Management Officer (UCR); and Matt McCombs, Deputy District Ranger. Dave Neely said he is a new resident of Vail and is looking forward to being a Vail constituent. He stated their first priority is protecting human life against falling trees. He reviewed the power point presentation which included past, present and future strategies and direction for bark beetle and wildfire mitigation. He said much work has been completed by the USFS over the last 10 years relative to pine beetle mitigation in and around the Town of Vail (TOV), including Vail Mountain. The power point showed the progression of ecological and social tolerance and the realities of living in the Wild land Urban Interface (WUI). He explained the various types of cutting and remedies for areas and said this will be based on what they see at the time they enter a particular site. They are in the comment stage of the Piney Project Area as it is being resubmitted. He said living in these systems is like living in hurricane areas in Florida or flood areas in Louisiana. Nature is part of the system. The quality of life we enjoy is part of this system. In his experience, he hasn't seen a better interaction between all the entities involved anywhere. He has been in exercises to simulate responses to incidents that could happen and feels very good on how they are positioned on the response part. Protection of human life is always their highest priority. Wildfires will be managed for multiple objectives. When it is favorable, they will be using fuels to manage the fires. There has been and will continue to be a very positive relationship and collaborative effort between the USFS and the TOV relative to wildfire mitigation and hazardous tree removal. Neely said it was important to discuss pertinent limitations in mitigation efforts, risks and benefits associated with logging vs. managed fire strategies. They requested Council provide direction to the USFS as to what they are comfortable with in regard to mitigation efforts and to discuss issues, options, trade-offs and future collaboration efforts. Further discussion ensued. Daly asked if roadless areas near Vail make it a tremendous risk area. Neely said under the Colorado Roadless Rule, they have ability to do wild land treatment in roadless areas. The slope stability in the Intermountain area and near Dowd Junction is the least stable in the area. Cutting into this area may make it more susceptible in stability versus a fire issue. They are actively focused on reaching out to communities. Ross McComb reviewed the Intermountain fire above Stephens Park in August 2009. He said several agencies responded and worked well together. He said there were 70 people from different agencies who initially attacked the one acre fire. So the importance of fires in the Vail area is taken seriously. Town of Vail September 18, 2012 meeting minutes Page 2 Daly asked if other areas have used this fire as an exercise for their fire response. McComb said there was a fire in Summit County in March 2012 and a fire in Eby Creek, Eagle, earlier this summer. He said this was the first time working with the National Guard and they helped tremendously. They are working on identifying and integrating National Guard services into their system. Donovan asked about the red slurry fire retardant being safe for the environment. McComb said it was a great question. There was a lawsuit brought against the USFS because they used this product. They are restricted from using this within 300 yards of streams and they have identified species that may be affected by the retardant and where they live. They have to report instances if any areas are affected accidentally. Neely said that question leads into the broader conversation of tradeoffs and values and decision making to protect human life, infrastructure and letting nature take its natural course. Other tools or courses they could do are managed wild fire or a prescribed wild fire burn. Tjossem asked if they have assessed the hiking and biking trails throughout the Vail valley and if they have prioritized working on them. Neely said they can have a conversation about this but they can't make all areas safe for guests using the wilderness. They have prioritized clearing within 100 feet near roads and removing trees as they fall. Daly thanked them for the informative presentation. Jim Lamont, Vail Homeowners Association, asked if the hierarchy of what needs to happen came out of the Governor's office after last summer's fires. McComb said they are talking about two different things. There was a reorganization of the fire services that were placed inside the Department of Public Safety and the Division of Emergency Management. The wild fire response agency was removed from the USFS. The second question is how individual incidents are managed. It boils down to the incidences and the way they are managed and which agencies have jurisdictions. Each agency's line officers are also brought together as an incident management team. They have discussions on what type of team they need and what strategies are to be employed, which agency is in charge, etc. Lamont said the Colorado Springs fire brought to everyone's attention the question when it switches from local to the federal level agencies. McComb said each entity that manages a fire has a voice in the decision making process and how they will work together. The fourth item on the agenda was an update on the Vail Golf and Nordic Clubhouse Renovation Project. Tom Braun, with Braun Associates representing the town, said they were going to focus on neighborhood issues, project design, driving range netting, site and landscape design, tents for "bonafide community events" and architecture design with a presentation from David Tanner about golf course design. Daly said bus access and parking lot access was to stay the same. Zemler said the last meeting left people with confusion on the netting and safety circumstances and the approach. The VRD is doing some mitigation on this and there have been a series of discussions. VRD agreed there needs to be dual tracks. The real solution is to address the Town of Vail September 18, 2012 meeting minutes Page 3 netting and create a safe environment for the grill and the entry point of carts and the clubhouse. There was confusion about ball flight from the driving range and ball flight down the fairway. The town is encouraging VRD to do a dual track and to pursue next steps. He said height and visibility of netting will be addressed. David Tanner has been working with the VRD and the town for awhile and will contribute his expertise to the discussion on netting and ball flights. Dave Tanner, with Tanner Consulting Group, stated he is from Valley Springs, California, lives on a golf course and started his company in 1985. His company has been asked to participate in ball trajectory studies since 1991. Over the years, there was very little data from golf ball companies regarding statistics on ball flight at the time. Netting has been an issue. They have done ball trajectories studies with golf courses all over the world on ball trajectories. They also worked with the Professional Golf Association (PGA) and other golf courses. They do a lot of design review and participate as experts in court proceedings. When they looked at this project, it is challenging when the golf course is already there. However, golf courses tend to change which is a standard in the industry. There are also better golfers today as well as equipment changes. The improvements in equipment have made them better, but property doesn't move. As he looked at the driving range, the statistics show the majority of impacts happen within 180 yards on the right hand side. Looking at the current clubhouse situation, the driving range is too close to the clubhouse. It is traditional to have the driving range close to the clubhouse but the problem is the 180 yard danger zone. The average swing is 90 miles per hour (mph) in Vail. He went into further detail of golf swing speed averages, where the balls go, the net poles and the netting. He said there are options of straight netting along a straight line of existing netting or to use a baffle design of netting. There could be three sections of netting: 100 feet, 80 feet and 120 to 130 feet. By angling in, it's like a back stop and gives them some openings between. Landscaping can be added between the baffles for relief. The life expectancy for netting is about 10 years. Netting is the least expense of the project. Poles and cables will be the most expensive. The 18th green was also a concern in its current location. Most golf courses today have much larger setbacks and they are on larger acreage. The setbacks from the parking lot and property lines are tight. They looked at locations for a new 18th hole and moving it to where they have placed it is in a wider space. He said they can shorten the hole and adding a putting green or chipping area makes sense. Adding baffle netting gives relief, adds landscape and can help with the safety issue. He has been involved with court cases with seven different fatalities on other golf courses and said being hit by balls does very serious damage. He said this design is a positive step forward. Daly asked Tanner about the reason for moving the existing green, stating it is a hazard to the parking lot and clubhouse due to the green placement. Tanner said the hazard is due to changes in equipment. He said in a new country club, there wouldn't be less then a 200 foot setback. He said the new design is attractive and the finishing hole should be what the golfers remember. Hall said the price from the last meeting is less than one third of the cost as stated previously using three baffles instead of four. Zemler asked Hall what happens next. Hall said there will need to be a final foundation design, soils tests, calculation of wind loads, firm up prices and come back to Council and then go to Design Review Board. Tanner said the color is a satin black finish which holds up well to UV Town of Vail September 18, 2012 meeting minutes Page 4 rays. They have tried green and end up painting them black. Once poles are installed, the color tends to disappear. Also the lower 10 feet can be removable for snow loads in winter. Daly said there was significant concern about moving the 18th green and shortening it from a Par 5 to a Par 4. As they look at rebuilding the clubhouse and adding 2,000 square feet to it, there is a concern of the Council on risk management and safety. He asked if Council and the VRD should consider leaving the green where it is or is it foolhardy and asking for tragedy to strike. Tanner said they would be asking for a tragedy by keeping the 180' hole where it is. At the new tee location, the hole could stay a Par 5 and a final shot onto the green would be a short iron shot which is more controllable. Kurz asked if there were two poles per baffle. Tanner said there were three poles per baffle, with fifty feet on center and a total of 100 feet in length for the baffle. Tjossem asked in regard to the studies of hazards: what was more hazardous, a driving range or driving down the fairway. Tanner said the driving range due to varying levels of expertise and lots of balls being hit. He said someone always tries to purposely drive the ball over the net. Raul Hamlin stated he thought there was a misconception. He said the end of the shot or the last 30 yards are the ones where the curvature takes place and would affect the clubhouse. Tanner said by moving the hole back, thus shortening the approach shot, the turn point is when people are trying to get on the green in two strokes and spraying into the clubhouse area. Trees do not protect anyone from the balls. A lot more public is entering from the parking lot and the proximity would be much safer than where it is currently. Donovan asked if this was a short or long Par 5. Tanner said the new change is still a fairly long Par 5 but a bit shorter than what is there now. Compared to other courses, it's still a long Par 5. They don't worry about the golf professionals or the super star golfers. They worry about the golfers that have the drinks and try to put it in another county. That shot is hardest to control and more dangerous. By shortening it, it makes it easier to control the shot. Donovan asked if shortening the course makes the 18th hole less memorable. He said the course is rated a 71 and will remain a 71. He said he has seen the plans and this particular green is being enhanced, making it a larger surface. This particular green is currently a small surface and wears out more. This will make it more manageable for the maintenance staff. Art Abplanalp, representing the property owners near the golf course, said he has played this course and shots going into the parking lot are due to people not knowing what golf club to use and has nothing to do with technology. The balls go into the parking lot because people shoot it there. He said this is going to be a Par 4 not a Par 5 and will not be rated a 71. He said he believes Tanner was brought in to tell the Council and public what they want to hear. He said Council should listen to their community and not this outside person. Tanner said he is coming up on 28 years of experience and has specialized in golf safety and been an expert witness in many trials. He said it's nice to be involved in a project that hasn't been involved in a lawsuit prior to trying to make it better. He said he disagreed with Abplanalp, and that the tees will be set back and this hole will still be a Par 5 and not a Par 4. Town of Vail September 18, 2012 meeting minutes Page 5 Malia Norbrega, representing the Vail Golf Course Townhomes, asked what studies have been done and if the rest of the golf course has been studied for safety issues. Tanner said he wasn't asked to do the rest of the course, just the 181h hole and driving range. Stephen Connolly said the safety issue is a tough one. He said moving the 18th hole will also create issues. He asked what will happen when equipment advances again. Daly said there wasn't any discussion about safety until a comprehensive look was done and until the clubhouse remodel came to light. Tanner said golfers are moving around the course by foot and on a cart versus people sitting at the clubhouse or attending a wedding and sitting still. They become more of a target. Their studies are improving all the time and are upgraded as new equipment gets better. Some of the older golf courses by themselves are fine on 80 acres. This course is 105 acres and it has become to some to be considered stagnate. However, Augusta changes their golf courses all the time, moving bunkers, moving greens around, taking bunkers away and improving them for safety and for technology. They can only deal with what is in front of them today to make this a safer facility. Steve Blanchard said he is not a golfer but said he doesn't understand why it's only focused on this hole. If they are talking about the safety of golfers, then shouldn't they be looking at the whole golf course? Tanner said there is certainly some known risk when playing golf. There is the term "fore" which golfers use when a ball is hit toward someone and for etiquette. The rest of the golf course has been in play for many years and there haven't been repetitive shots being hit. The problem is that more people will be where they could be hit. This will help to prevent them from being hit. Sam Maslak said the risk being created is due to expanding the golf clubhouse. Tanner said the fact there will be improvements doesn't change the risk. The risk is already there. The golf course industry has taken a 40% hit in downturn. He lives on a golf course and enjoys it. He thinks adding a community space will be a wonderful asset. This area is such a picturesque place for everyone and adding this space to a golf course clubhouse is commonplace. An expansion of the clubhouse and modernization is badly needed. The final outcome is that events could be held there and the improvements will make it a safer facility, which was the goal from the beginning. Braun said four applications will be submitted. He reviewed the power point presentation in further detail. Pedro Campos, landscape architect with Zehren & Associates, said there were three goals he had for this evening: to demonstrate current design improvements; the design response from input received from the public; and that this clubhouse isn't just about golf but has a Nordic ski component which has been dismissed and needs to be addressed as it is in use from November through April of each year. He asked the public to consider the Nordic component since they are trying to achieve multiple uses for the clubhouse. He reviewed the power point presentation about the past ideas and how it has now evolved to what is being proposed. From day one, they wanted to capture the views, separate the uses, concentrate on golf and Nordic staging, as well as other components including the baffle netting. They are working to keep the 181h hole outside of the 200 foot danger zone per David Tanner's analysis. Town of Vail September 18, 2012 meeting minutes Page 6 David Baum, with Zehren and Associates, continued the power point presentation to discuss the current building design and what they are proposing. He said golf, Nordic and event user groups currently all use the building and come in at the same entry point. One of the things they want to do is have a separate, dedicated the entry for each group. They are increasing the sound coefficient and mitigating sound and light going into the neighborhood and down lighting will be utilized. All spaces will be improved safety -wise with the baffled netting feature. Braun said they plan on coming back for continued discussion of next steps at the October 2nd meeting. They will follow-up and continue to update information from the September 18th meeting, review the operations plan, parking management plan and scale of the facility. Zemler said there are discussions on the economic evaluation of the building. Hall said the next step is to submit an application to PEC next week. Daly said they wanted to extend to this discussion to the October 16`h meeting. Tjossem asked Tanner which was more dangerous for safety, the driving range hazard or the fairway hazard. Tanner said the driving range. He said safety is the reason for moving the green. Tjossem wanted clarification on why they want to move the 18`h hole. Tanner said the driving range netting is what fixes the driving range issue. The clubhouse improvement and people being at the clubhouse is another safety issue as massing of people at the clubhouse is a safety issue when it is close to the 180' hole. She asked if this was theoretical versus real. Tanner said the designer is very good at his work. He said statistically, they know what will happen if the 18th hole isn't moved. Tjossem asked Campos about the schematic regarding sense of play and a path near the patio for a wedding. Campos said it was a walking path and an access path and not a golf cart path. They are keeping as many trees as they can that are currently there. This area is more unstructured. Kurz asked about screening so it's compatible with everything else and limiting use to just weddings. If it's screened so heavily, they will lose the view of Gore Range and photo opts. Campos said they would have to go north and east to the golf grill for the photo opts. Mike Cacioppo said the plan he has seen tonight is terrific. He objects to the opponents using "adding an event center" as this plan is not adding an event center. It's already been an event center for years and has held many events. They are improving the event center space that is there now. He said moving the 18th green is a terrific improvement and moving the green away from the homeowners should be terrific as well. The baffled netting will allow for additional terrific improvements. He doesn't care what par the 18d' hole is as long as everyone plays by the same rules. He said all Town of Vail tax payers have paid for these improvements and they all need to be taken into consideration. The conference center funds were transferred to these projects to keep heads in beds. All of these improvements will do that. Raul Hamlin said event center was the term he thought the Town of Vail used to push the project. He said it's still a good idea but it has gotten out of hand. Why go through all the expense of oving the green if there is a conflict and it is limited forjust 60-200 people. He said they need to look at the economic part of this as well as the golfers concerns. Town of Vail September 18, 2012 meeting minutes Page 7 Daly said an economic study is being done. Stephen Connolly said this isn't only about golf but golf is the economic generator for the VRD. This will impact all the VRD services if they get it wrong so we have to be careful. He thought the view was supposed to be of the Gore Range and not the neighborhood. Sound inside being mitigated is good but what about outside sound. They need to look at unintended consequences. Determining the size of the whole building is what should be looked at first. Design as close to the footprint of what is there now. The community space there is already at 120 people so adding space to accommodate 200 isn't that far to go. Colin Callahan said his family has a home on Sunburst Drive. He reviewed what he thought was happening with the plan. He said Donovan stated the green isn't being moved to improve the clubhouse. They are moving the green because of safety issues identified prior to this process in 2009. Council was informed about the safety issues of the 18th hole and the clubhouse remodel simultaneously. Callahan asked if the existing foundation is being used to save money. Zehren has done studies out there and they have been trying to reuse as much of the current building as possible to be cost effective. The expansion of fourteen feet would be a new expansion. They need to get in with a structural engineer to see if keeping the foundation as it currently is, is feasible and possible. Daly said a homeowner has asked to flip the grill and the community space. Dave Baum said the background information they used stated it was important to keep those uses separate and by flipping it, it didn't allow for that. Art Abplanalp, representing several adjacent property owners to the golf course, said the town has received a lot of comments from the neighbors and community. He said it was 66 to 4 against relocating the 18t' hole. He said moving the 18t' hole was driven by the configuration of the clubhouse renovation. He referred to a design by a local architect that was drafted and configured on the north side and this worked for the neighbors. He said moving the events center on the north side does separate the users and does keep it from the neighborhood side of the building. When you look at the town's mission statement, destroying the 18' hole doesn't support the mission and values of the town. There were about a half dozen issues that still need to be addressed from a workshop that was done. It's becoming evident that the use of the facility is going to be a greater problem then before. The neighborhood said they are entitled to peace and quiet. He said the neighbors don't want more than four events a month. He said this is in direct opposition of the profit and loss analysis. He said the safety matter on the 18t' green is nonexistent. Spending a million dollars is not a good use of public funds. Donovan said the public should go on to the VRD website for the VRD master plan, backup information and review the study and plan from 2010. Jim Lamont said he was in the dark. He asked Abplanalp about the building plans that were created for the neighborhood from a different architect to show a different project design using the north half for use of an events facility. Lamont said it would be helpful if the public has full disclosure of what was submitted to Council from the neighborhood. He wants the plan at the next meeting for public review. Donovan said the architect said it was confidential and to talk to Town of Vail September 18, 2012 meeting minutes Page 8 Abplanalp to get it. Lamont said this should come from the Council. Daly said they will make sure the plan is at the next meeting since a lot of people haven't seen that plan. Lamont asked Pedro about the placement of the community center where windows and sound baffling can be built where greater security can be given to the neighborhood and community event users that can be handled with sound screening for outdoor sound. He sees efforts are being made by consultants and staff to address issues the neighborhood. Some progress has been made. There is a concern that is not being listened to. From a policy standpoint about when a redevelopment project is done to this extent, usually all of the earlier sins are corrected. He said there should be some degree of area for a setback required from the property line and separation from neighbors. He said they could angle down the retaining wall roof structure and add grass and trees on the south side of the parking lot so neighbors see landscaping and the golf course doesn't lose parking spaces. Daly asked Pedro Campos to check if that section of the parking lot meets setback requirements. Braun said the parking requirements said it needs to be a 10 foot setback. This wall is considered a nonconforming legal use so they will leave it as is currently. Rogers said she would like to see what the cost would be. Braun said he would look at it as an alternative. Steven Blanchard asked if the kidney shaped area could be moved to the east instead of south which keeps it farther away from neighbors. He asked if the community space would require additional parking. Braun said the PEC would have to determine if additional parking would be required. Rogers said the Council can call up and overrule PEC decisions. Blanchard said the houses are closer on Sunburst than residences near Donovan Pavilion. Noise from events is a big concern. He said regardless of objections, the most important criteria seem to be generating income that is greater than the golf and neighborhood concerns. He said the obvious solution is to keep the community space the same size as it is now and leave larger events to the Donovan Pavilion. Daly said a look at the economic side will be looked at in four weeks and invited the public back to that meeting. Moffet said he keeps going back to the ballot language which was approved by the voters in Vail. He read into the record the ballot language from the 2011 Town of Vail election which included "expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space." He said this ballot language and project was passed by Vail voters 801 versus 122. Donovan asked if at a future meeting, staff could show the Council how the outdoor spaces could be used in winter. As there was no further discussion on this item, a five minute break was taken at 9:12 p.m. The fifth item on the agenda was the Eagle River Water and Sanitation District (ERWSD) request for a utility easement on Tract C along Potato Patch Drive. Town of Vail September 18, 2012 meeting minutes Page 9 Tom Kassmel, Engineer with the Town of Vail introduced Todd Fessenden with the ERWSD to discuss the easement. Kurz recused himself on this item as he sits on the ERWSD board. Todd Fessenden said they are asking Council for permission on their plan to design the repairs in the Potato Patch area. He reviewed the PowerPoint presentation. He said the ERWSD is planning on upsizing the water lines that run along Potato Patch Drive next year. In order to do so, they must realign portions of the sanitary sewer main. This project will be an extremely challenging project due to the narrow width and access constraints along Potato Patch Drive. In order to reduce some of the construction time and impact to the residents, as well as cost, ERWSD is requesting to run a portion of the sanitary sewer main through Tract C, which is owned by the Town of Vail, in order to short cut one of the long switchbacks along Potato Patch Drive. He asked them to review and approve the requested easement with the condition that a restoration plan be approved by the Public Works Department and the Design Review Board. Daly said the general conclusion was to provide the easement with the caveat to do what they say they are doing including planting 12-foot trees and vegetate the area with a guarantee on the revegetation, as well as winter snow shedding and avalanche issues since its over a 60% slope. Fessenden said the only thing that could be a challenge is to get the trees and vegetation to take on the steepness of the slope. The Council expectation is to come back with a landscape plan and a geodic study that says this makes sense. Fessenden said they hope to proceed with their design with a landscape plan. Council was not opposed to approving this easement. Donovan asked why they would consider doing this on a slope this steep. Fessenden said it was a much shorter section to cut and there will be unknowns, however, this section is fairly short. The ERWSD wants to reduce long term maintenance. When weighed out, this is not ideal but is a better, more do -able project and saves two weeks construction time. The sixth item on the agenda was first reading of Ordinance No. 11, Series of 2012, an ordinance extending 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, to November 19, 2013, and setting forth details in regard thereto. Warren Campbell, Chief Planner, said he applicant requests the Council approve Ordinance No. 11, on first reading. Ordinance No. 11 is intended to extend the effective date for temporary regulations allowing informational and directional signs for public parking on private property from November 19, 2012, until November 19, 2013. No other change to the regulations is proposed. Extending the effective date of these regulations will allow the town to explore opportunities for incorporating these signs into a broader guest services enhancement program which includes signage and wayfinding enhancements. Donovan said there was language on directional signs but is there language staff can turn to for the rest of the signage. Campbell said they can add additional language. Moffet made a motion to approve Ordinance No. 11, Series of 2012, on first reading and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7-0. Town of Vail September 18, 2012 meeting minutes Page 10 The seventh item on the agenda was second 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 staff was back for second reading of the ordinance and that the language preventing the topping of trees is already in the code and already addresses it. Rogers made a motion to approve second reading of Ordinance No. 10 based on the findings in the memorandum, and the motion was seconded by Tjossem. Jim Lamont, representing the Vail Homeowners Association, said one of the view corridors being discussed that needs manicuring is the view of the Clock Tower and mountain near the Ski Museum. He said if we top trees is that acceptable for aspens. Campbell said this includes the topping of any trees in any of the view corridors. That has not been acceptable for any trees. He said an application to the PEC will need to be submitted and reviewed at the time of the submittal. Moffet said he wants the language in the ordinance.to specifically state "topping of the trees." It needs to be explicit. Campbell said the review process bas been around for a long time and it would be addressed on a case -by -case basis. "At& wouldn't allow any topping of trees during the process or feel it is appropriate. Further discussion ensued. Campbell stated the DRB has not allowed topping of trees in the past.Foley said it was in the memorandum twice. Moffet said the memorandum is not the law. He said someone could interpret that differently. Donovan said the town would be presenting these proposals and if a staff member proposes they top a tree, there are bigger problems. Rogers said every possible scenario can't be in place and DRB is there to help enforce this process. Jim Lamont said if the public wants to opine on the subject, they can go to the DRB meetings or appeal to Council. And Council will decide if topping is allowed. Campbell said the appeal process would be in place to be used. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was a request to continue the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011, for Ever Vail to the November 6, 2012 public hearing. Warren Campbell, Chief Planner, requested the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011, for Ever Vail be continued to the November 6, 2012 public hearing. Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011, for Ever Vail to the November 6, 2012 public hearing and the motion was seconded by Donovan. Town of Vail September 18, 2012 meeting minutes Page 11 Daly said he suggested they don't go past Nov. 6t' as they are not making process. Further discussion ensued regarding timing and continuing the project. Campbell said they are continuing these ordinances and resolution as they are working on the DIA and a conditional use of the gondola and put the parking to rest. If they don't continue this project they would have to start over. Further discussion ensued. A vote was taken and the motion passed 6-1, with Foley opposed. The ninth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 9:50 p.m. Respectful) bmitted, Attest: Andrew P. Daly, Mayers f Lo4lei onaldson, Town Clerk C��,R�,�A-966)60 Town of Vail September 18, 2012 meeting minutes Page 12