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HomeMy WebLinkAbout2012-12-04 Town Council MinutesVail Town Council Meeting Minutes Tuesday, December 4, 2012 4:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Pro-tem Ludwig Kurz. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro-tem 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 first reading of Ordinance No. 20, Series 2012, third supplemental of the 2012 Budget. Kathleen Halloran, Budget Manager, said the supplemental will increase by $855,000 for expenditures and will be offset by $732,000 for revenues across general funds, capital project funds and Council had a question regarding the Colorado Department of Transportation (CDOT) Frontage Road parking costs. Kassmel said the $130,000 was for subsoil stabilization as 85% of the road from the helipad to the West Lionshead Circle curb was unstable. CDOT removed unstable material and added better stabilization materials. Foley asked when the Matterhorn Bridge is scheduled to be open. Kassmel said it is scheduled to be open on December 15. Moffet made a motion to approve Ordinance No. 20 on first reading and the motion was seconded by Kurz. A vote was taken and the motion passed, 7-0. The second item on the agenda was second reading of Ordinance No. 17, Series 2012, Mil Levy Certification. Kathleen Halloran, Budget Manager, stated there were no changes from first reading. Moffet made a motion to approve second reading of Ordinance No. 17 and the motion was seconded by Donovan. A vote was taken and the motion passed, 7-0 Town Council Meeting Minutes for December 4, 2012 Page 1 The third item on the agenda was first reading of Ordinance No. 23, Series of 2012, an ordinance approving a Franchise Agreement with Comcast of Colorado VI, LLC for the provision of cable services in the Town of Vail. Matt Mire, Town Attorney, stated Comcast representatives were in attendance if the Council had questions for them. The audit of the Comcast system is now in compliance with the compliance agreement and all items have been completed. Jeff Dolan, Vice President of Regulatory and Government Affairs with Comcast, said he came on board with this project at the end of last year and was working with Mike Trueblood, operations manager for Comcast for this area. Dan Wherry replaced Trueblood and they have been working with the town in the past few months. Comcast has invested time and resources to make sure the infrastructure was up to par for residents of Vail and have improved customer service. He said on the operations side, Comcast has complied with all the agreement items. Comcast worked with Colorado Department of Transportation (CDOT) to provide the same services and products as are provided in the Denver area. Digital upgrades were done to get more high definition, speed and more channels. He said all Comcast customers need a cable box to receive these upgrades. In 2011, after the audit, Comcast did an overhaul of the infrastructure to get the Vail issues resolved. He discussed all the upgrades, changes, repairs and plant integrity items Comcast has done over the past two years. Daly stated in the past the town was able to have two paper stuffing promotions for the access channels through Comcast. He would like to have Comcast provide two electronic stuffers from the town to add into their invoices. Dolan stated Comcast wants to keep open lines of communications with access providers and work with all of them to provide great service. He said this doesn't need to be a part of the franchise agreement. Daly wants this in writing since the agreement is for 10 years. Dolan said he will find out how the town can get information onto the Comcast electronic invoices. Daly stated this was first reading of this ordinance and they will do the second reading of the ordinance later to give Dolan time to respond to the request. Tjossem said another item she wanted clarification on was access to the Universal Sports Network and international ski racing. Dolan said Comcast is in negotiations regarding that program. Council wants that channel to be part of the basic services lineup. Dolan stated Comcast has been in negotiations with Universal Sports Network for quite some time and they are not close to a resolution at this time. They could not commit to carrying this channel on a certain tier of services. If they reach an agreement with the provider, he will work with the marketing folks to get that channel in Vail. Tjossem said the 2015 championships will be held in Vail and this is important for the international guests. She said this is the Super Bowl to international guests. JK Perry, with Channel 5, thanked the Council and staff for their work on the franchise agreement. He said there were a few items that were not in the agreement that he wanted to address. He read his letter into the record which spoke of the triggers needed to provide a second access station, to have a lower threshold to move into a second station, the hours for broadcasting Vail information are odd hours and fall out of the triggers currently in place. He wants a start time of &00 a.m. He also wants to develop relationships with other local entities to share in the cost of the access channel and would like the ability to have these in the new franchise agreement. He said the Channel 5 access channel needs the ability to be included in the electronic stuffers. He also wants to see information on the access channel at the Comcast counter at their Avon, Colorado office. He also wants the ability to insert commercials for the Town Council Meeting Minutes for December 4, 2012 Page 2 Channel 5 access channel on other stations on the Comcast line up, add their listing in any program guide. He also stated in the old agreement, there was the ability for the town to implement a PEG fee to subscribers and would like to see that in the new agreement so the town has the ability to implement that fee in the future. Donovan said she is supportive of expanding the hours to 8 a.m. Council didn't want to charge PEG fees to customers. Dolan said the expansion to move to 8 a.m. is OK with Comcast. The current hours of 48 hours lowering it down to 40 hours would be a compromise they would be willing to make. He said this is a partnership and there is nothing in the agreement prohibiting these changes but said these don't need to be in the franchise agreement. He said he would be happy to work with JK at Channel 5 to do electronic stuffers and coordinate to get materials for Channel 5 on the counters in the Avon office. He said the Council has decided not to impose PEG fees. If the town chooses to impose a fee in the future, they can do that with residential subscribers but not bulk -billed customers. Bulk business is competitive and the more the add fees the more it hurts their competitive edge. There is an amendment clause in the agreement that the town and Comcast can amend in the future. Dolan also stated that Comcast supports events and causes to allow partners to enter into agreements by getting cash or in - kind services on existing channels. If there is something to advertise on other channels, that isn't a free right to be in the franchise. Further discussion ensued. Jim Lamont, with the Vail Homeowners Association, thanked Comcast for their efforts in getting a state-of-the-art system in Vail. Locals have come to rely on the local access channels to service the town's guests and residents to receive current information. This needs to be as transparent and accessible as possible to residents and guests. Vail is a global community and there is a desire and need to access new technology as needed in the future. Carberry said the agreement is for cable television only; anything beyond television cable service is prohibited by law at this time. Daly reiterated the trigger for a second public channel is forty (40) hours and the start time is 8:00 a.m.; an opportunity for Vail to participate in two Comcast electronic stuffers rather than one paper stuffer; and the PEG fees will be an option in the agreement for a future possibility with a percentage basis which can include commercial properties. Moffet made a motion to approve Ordinance No. 23 on first reading with the three changes as Daly read into record and the motion was seconded by Kurz. A vote was taken and the motion passed, 7-0. Dan Wherry, local Comcast Director/General Manager for the North Colorado Mountain Area, introduced himself to Council and the public. The fourth item on the agenda was a Council Dinner Break at 5:50 p.m. The Council resumed the meeting at 6:00 p.m. The fifth item on the agenda was the presentation of an award recognizing the Town of Vail for adoption of the 2012 International Building Codes. Martin Haeberle, Chief Building Official introduced Dave Nichols to Council. Dave Nichols, Regional Manager for the International Code Council (ICC), said the ICC is proud that Vail has recognized and valued the role the international codes are for building compliance. He presented the award to the Town of Vail in appreciation of adopting the most current international building codes. He said Vail is one of the first communities in Colorado to adopt Town Council Meeting Minutes for December 4, 2012 Page 3 the 2012 International Building Codes. Council thanked Haeberle for his leadership in getting this implemented in Vail. The sixth item on the agenda was the presentation of an award from the ECO Trails Committee to the Town of Vail for Trail Supporter of the Year. Dick Cleveland and Jamie Gunion, representing the ECO Trails Committee, said the town was nominated and won the award as the town has taken on the leadership role of maintenance of trails near Vail. Cleveland said trails are a huge draw for guests and a benefit to the Vail community. He said the town staff has worked closely with the Colorado Department of Transportation (CDOT) on the trails. Gunion said the ECO Trails Committee appreciates the support of the Council. Daly said seeing the Vail Pass trail paved this summer was a big accomplishment. He said completing the county -wide bike system is of great importance to all the residents and guests in the county. The seventh item on the agenda was the Town's recognition of Officer Dan Torgerson and Mark Walter. Mark Miller, Fire Chief, stated there was a serious arson fire in May of 2012. He said the fire was contained due to early intervention and great collaboration between the Vail fire department and police department, who worked so well together. Mark Walter, an East Vail resident, noticed some suspicious activity, called 911 and notified emergency dispatch of suspicious behavior of a person. Officer Torgerson raced over to the townhome on fire. The stairway was on fire and was the only egress for this condominium complex. Torgerson used the fire extinguisher in his vehicle. Due to Walter and Torgerson's early intervention, they were able to save lives. The efforts of both men were above and beyond the call of duty. A Citizen Hero Award was given to Mark Walter. Dwight Henninger said a Life Saving Award was given to Officer Dan Torgerson from the Vail police department. Walter said he credited the first responders for answering so quickly. Council thanked Walter for participating and being a good citizen. Henninger also awarded the certificates of commendation to Justin Liffick, Katie Williams, and Samantha Graves. They also gave a commendation to Mike Vaughan, Vail Fire Marshall. The eighth item on the agenda was Citizen's Participation. Crawford Pierce said he and his family are Bald Mountain Road residents. He said the open space adjacent to his residence is in disrepair and he was proposing to restore the open space near his residence. He wanted to donate labor, materials and future work on this open space. He would like to move forward on this project. He stated he had been given warnings to stop work he had already been doing on the open space until he gets the proper approvals and permits. Daly asked the Community Development Department to look into restoring this area. Zemler said he would look into what is needed at this site. Mike Cacioppo said he read a press release of the termination agreement between the Vail Valley Medical Center (WMC) and the town. He asked if this project was really over and did the WMC own the land. Daly said the land transaction was never consummated and the town still owns the land. He said the future of the project is in the hands of the WMC and the Steadman Clinic. Cacioppo asked what amount the taxpayers paid to date for this project. Town Council Meeting Minutes for December 4, 2012 Page 4 Zemler said the taxpayers have paid approximately $400,000 to $500,000. Zemler said there is still a very complete design for a town hall and is the town's part and had nothing to do with the medical office building. A decision could still be made in the future to move this project forward. Kelly Pope, representing the Parent Teacher Organization of Red Sandstone Elementary School (RSES), said they needed the Council to support the RSES funding request as it is important due to budget cuts in the school district. She said there isn't enough funding to keep the school open within the budget constraints. She said 100% of the requested funding, if given, would go to RSES. Daly said this item should be discussed under the budget agenda item later in the meeting. Tom Neyens, Vail business owner, wanted an ECO bus stop at the Concert Hall Plaza area reinstituted as a "bell stop" and not a regular stop. He contacted ECO and they told him he had to contact the Vail Council to request this as the town changed the bus stop from the Concert Hall Plaza area to the top of the Lionshead Transportation Center. Zemler said staff will look into this and get back with Neyens. The ninth item on the agenda was the Consent Agenda. On the consent agenda was the approval of the November 6 and 20 meeting minutes. Foley made a motion to approve the November 6 meeting minutes and the motion was seconded by Rogers. A vote was taken and the motion passed, 6-0-1 with Moffet abstaining as he was not at this meeting. Rogers made a motion to approve the November 20 meeting minutes and the motion was seconded by Tjossem. A vote was taken and the motion passed 5-0-2 with Foley and Daly abstaining as they were not at the meeting. The tenth item on the agenda was the Town Manager Report. There was a brief ceremony in honor of the town being debt free. Daly said this was a well deserved recognition and thank you to town staff and past Council members that guided the town to be debt free at this time. This creates an opportunity for the town to identify possible future projects. There was also a letter from a citizen thanking John Power for his response to the damage to their home from an ice boulder. They were thankful to live in a community where the town takes responsibility. Daly thanked Power for his leadership in taking charge of the situation. The public works crews installed new guard rails in this area so that this wouldn't happen again. The eleventh item on the agenda was second reading of Ordinance No. 16, Series 2012, the 2013 Town of Vail Budget. Kathleen Halloran, Budget Manager, stated this was second reading of the budget ordinance. She said the questions Council had at first reading were explained in the memorandum. She said $8 million to pay down Timber Ridge will come from the general fund reserve and the second $8 million will come from the Capital Projects Fund as a loan to Timber Ridge Affordable Housing Corporation (TRAHC). The Council also discussed funding for the Burton U.S. Open, merit increases for staff and the updated peer resort comparison chart. CSE additional funding of $190,000 was also discussed as well as the partnership of the Vail Fire Department with other fire agencies to help save costs for training. Capital projects fund changes included Town Council Meeting Minutes for December 4, 2012 Page 5 removal of the municipal site redevelopment costs, the loan to Timber Ridge, Real Estate Transfer Tax (RETT), bike path, pedestrian overpass and lighting for the pathway. Daly requested the lighting fund of $345,000 not be included in the budget since this item was just added and to go through the regular process for this. Halloran will reduce the RETT budget by $345,000. Council also discussed special events and Town Council contributions. Daly stated from a budget perspective, the town had a balanced budget for 2012 and there were no incremental funds. Council would have to look at other ways to balance the budget including changing the split from 61/39 to 62/38 to create additional funds. Daly said there is a high probability of having the Pro Cycling event in Vail next summer and they need to find funding. Council needs to decide if they want to go forward with additional funding and how. Rogers said yes to increase and her list under general budget and operation budget of $261,400: $190,000 to CSE; $37,000 to RSES and full funding of Jazz Festival of $34,400. Rogers said she wanted to increase revenue projections based on Vail's historical pattern of $1 million additional revenue in the general fund each year. She'd rather invest in special events. Zemler commented that the $1 million going into the general fund is not just revenue, but managed cost savings each year. Rogers said this is still conservative. She is willing to change the split to 62/38 as there have been many years that the split was 62/38. Adam Sutner, consultant to the CSE, said the return on events is 10 to 1. Total tourism spending was up 30% in 5 years and was $5.125 million for 2013. Tjossem said she would be in favor of changing the split. Donovan asked about what projects would need to be cut if the split is changed. Zemler said changing the split from 61/39 to 62/38 would move $201,000 to the general fund from the capital project fund. Moffet stated the town shouldn't quit spending marketing money because we are successful. However, the town needs to measure performance versus dollars spent. He is concerned about how the town holds event producers accountable and how to switch allocations on diminishing returns. He also stated spending at the margins is not effective on diminishing returns. He believes the town needs to hold ourselves accountable. Kurz stated he wants the town to be more cautious moving forward. He said past Council's and staff have kept the town in great financial shape. He suggested the Council let staff arrive at numbers that make sense. Foley said the CSE should get marketing money from the Vail Local Marketing District (VLMD). He is not in favor of raising revenue projections. He is ok with raising the split. The VLMD should spend money on marketing events. The general consensus was to spend more in special events and change split to 62/38. Daly suggested the town provide RSES a matching grant of $20,000, increase the funding for the Jazz Foundation by $20,000, CSE funding of $160,000 for a total of $200,000. Moffet said they should find another way to help RSES. Unintended consequences can by way worse. Tjossem said they are proposing to fund child care. This contributes to creating a sense of community and this is the only public school in Vail. It would be Vail's responsibility to lobby for RSES. It's part of Council's mission to keep the school. She thinks RSES needs to be equal to Eagle Valley Child Care. Rogers said bottom line is all money spending for special events or capital projects meeting goals of council. Developing Vail as a family community is a highest priority. If Vail wants to have a vibrant family community, they can't do that without an elementary school. RSES has done an admirable job but they need help. They can't maintain the level of quality with the funding level they get from the school district. Town Council Meeting Minutes for December 4, 2012 Page 6 Council determined that additional funding of RSES needs to be discussed separately from the budget discussion as a separate item. Council and RSES need to negotiate with the school district on what can be done. Zemler clarified that of the CSE's request for $190,000, only $125,000 is for special events, $50,000 for event research and $15,000 for event marketing staff. Additionally, $1.1 million will be taken out of reserves for bike events and other iconic events. Council discussed changing revenue projections and only two Council members were in favor, so it is off the table. Council asked if the $50,000 in research needed to take place in 2013. Jen Bruno, Chairman of the CSE, stated the CSE has made meaningful changes and significant operation guidelines. During the past year the Vail Local Marketing District Advisory Council (VLMDAC) and CSE have been aligned with the town's vision. The score card was added to gauge performance and marketing strength. The CSE has made changes to their mission statement and various changes in special events that were being funded for 2013. The CSE is asking for $100,000 for a possible event over Memorial Day weekend. They are also requesting funding for marketing support for the coordinator contract and event attendance research. She said without accurate reliable attendance research they can't make better decisions on event funding. Tjossem asked about events for the Thanksgiving time frame as there isn't anything during that time. James Deighan, with Highline Sports, said they can't give a number. A smaller version of the Holidaze event is being worked on. Bruno said the ice shows are successful. It would be more appropriate to seek market dollars through the VLMD and not the general fund. Halloran said the VLMD maintains a small fund balance. Bruno said the $15,000 marketing support is for a staff liaison to event producers. She said the VLMD has offered to pay the $15,000. Deferring marketing research for a year would not a big loss of $50,000m but the Memorial Day funding and the Living Well event funding are more important. Tjossem said the research component is good investment. Donovan asked if this would be permanent funding. Bruno stated they wouldn't want to do extensive research every year. Navas stated a standardized methodology would be created and the process to measure event attendance would be applied consistently. The town would monitor it and Mtrip would build the models and collect the data. Zemler summarized the contributions for four things: $160,000 for the CSE, with $15,000 from the VLMD for CSE marketing dollars, the Jazz Festival funding of $20,000; RSES funding of $20,000 which would come out of the 62/38 split. Donovan wants a policy conversation of what schools will be funded in the future. Rogers stated the Colorado Ski Museum, Betty Ford Alpine Gardens and the RSES don't fit into the contribution category. Council will need to have a future discussion on how to fund these entities that don't fit. Any contributions approved are a one-time funding for this year, at this point. Council will have further discussions on specific events in the future. Additional funding of $75,000 for the Pro Cycling Challenge was added from reserves plus another $100,000 from the VLMD. Daly asked about the Vail International Dance Festival's 25th Anniversary funding to go from $45,000 in the budget to the total of the request of $60,000. This would be an increase for one Town Council Meeting Minutes for December 4, 2012 Page 7 time only. He said the Burton U.S. Open requested funding of $500,000 and staff recommended funding $250,000. James Deighan, with Highline Sports, said they were instructed to submit the economic impact that the town would see from this event. The estimates from lodging and general tax revenue warrant the funding amount. He said to date, 3,500 rooms have been booked during this event. This event will be aired in 200 countries with 200 hours of television time. This iconic event will put Vail on the map, in new light. This will be Shawn White's biggest snow boarding event to Vail. He discussed start up costs and recurring costs. He stated that building the half pipe is a cost but there is also a cost for maintenance every year. He said Burton brought this event to Vail to match what the event potential is in the world. Deighan stated that what portions of the event that didn't exist prior to the event would provide infrastructure to Vail and the ancillary activities associated with the event. Some of the in -town activities can't be done if the $500,000 is not funded. The event as whole needs funding. They are working with vendors to get more funding. He said this event would bring $18.5 million incremental revenue to the town. Rogers said she is comparing this with the 2015 championships. Donovan said this is a legacy concept for this event. Deighan said they have a five-year contract for this event. After the first year, the plan is to make this event bigger year after year. Kurz said this is a big deal for Vail, across the country and Europe. He said one of his concerns is that Europe is seeing a decline in snowboarding. Staff recommended funding this event at $250,000. Daly said this event is contracted to happen for the next five years. He asked if they will be requesting funding for next five years. The Council could not commit to funding this event for five years. They have to do this yearly. Donovan stated taking funds out of the general fund reserves is not sustainable. They need a future Council meeting to discuss and come up with a process at a retreat. Further discussion ensued about what level to fund the Burton US Open. Council compromised at $400,000 as the first year had the biggest impact and reiterated that this was a one time funding approval at that level. The next conversation was the general fund operations. A compensation increase for staff and a peer resort comparison chart was recently updated. Rogers previously wanted a 2% bonus and 2% merit but discussed this with the Human Resources Director, John Power. She agreed with JP that this was not an appropriate plan for the town. A vast majority of town employees do a good job and to develop a 2% bonus plan for all types of positions would be a challenge for management. Council members approved the 4% increase for staff salaries. The Capital Projects Fund was the next item. Daly asked about the upgrade to the town's phone system and asked if it could be deferred for two more years in case the remodel of the town's administration building moves forward. Judy Campbell said she had discussed this with Ron Braden, IT Director. Braden said the telephone system is in desperate need to be replaced now. The upgrade needs to be compatible with the new town building and money still needs to be in the budget. The Simba Run underpass feasibility study total cost is $400,000 with $200,000 from CDOT. Greg Hall explained that there had been a lot of coordination and work done with CDOT to get this funding, so the town should move forward with the study. Another item discussed was investing in the Chamonix infrastructure. Zemler said to leave a placeholder at this time and staff will have more detail after the first of the year. Daly requested this be in a future supplemental and not in the budget as a placeholder and to take it out. CDOT required parking improvements at Lionshead and the guardrail in West Vail were discussed. Halloran said the Town Council Meeting Minutes for December 4, 2012 Page 8 Frontage Road improvements in front of Safeway are in the 2013 budget. Daly said there has been $1,333,000 spent in total and it was time to look to Vail Resorts for $4.3 million and access that money instead of committing the town's money at this time. Zemler said he will need to discuss this with Vail Resorts. Staff will take out $700,000 and add it as part of a supplemental as it goes forward. $70,000 for design work was left in the budget. Real Estate Transfer Tax (RETT) was discussed next. Rogers advocated for an increase of $34,380 to fully fund the $100,000 requested by the Betty Ford Alpine Gardens (BFAG). She said the BFAG enhances the town's real estate. She said the fact that Vail is able to have a world class alpine garden is something everyone should be proud to have in town. Funding for the BFAG needs to be discussed along with the Colorado Ski Museum and the RSES. Donovan asked what the town contributed last year. She also asked what the compelling reason would be to give the BFAG more money this year. Gwen Scapello, representing the BFAG, stated the amount of $100,000 is needed for running educational programs for children, various organizations such as other garden clubs; their Chef in the Gardens program and the annual Butterfly Launch. The BFAG want to increase programming and in the long term, to bring in someone who can focus on education and research. They are aware that Council is concerned about using town funding on BFAG operations. The gardens bring guests to town and get heads in beds. The way the BFAG budget is distributed, 64% is for funding operations. They want to get their funding back to the 2003 budget amount. Tjossem said the fundraising BFAG does can pay for programming. She said the Council needs to look at this differently. Their horticulturist programs for the gardens and the expertise is something the town cannot provide and does not have. Outside contracting to take care of gardens is a level above what town staff would have to do. The BFAG gets great publicity and their reputation is high. Donovan said she is comfortable with the staff recommendation. Daly said the Council will spend some time on January 8, 2013, on how to fund the Colorado Ski Museum, the Betty Ford Alpine Gardens and the Red Sandstone Elementary School. This discussion is too premature at this time. Kurz said he is supportive with Rogers' recommendation of $100,000. Foley, Moffet, Donovan and Daly supported the staff recommendations at this time of $65,620. During public comment, Diane Boyer from the Colorado Ski Museum (CSM) thanked the Council for all they do for the CSM and as part of Colorado Gives Day. She requested the Council approve the increase for the CSM as requested. She said the museum provides a huge service to Vail, is a year-round activity, has a great educational center, and is one of the very few free activities in town. Jim Lamont, representing the Vail Homeowners Association, stated he hopes that next year for this budget process, they have a condensed discussion around the CSE and the VLMD with prior negotiations on funding happening before the budget process. He stated that since 2007, town staff have not had an across the board increase. He is aware that few businesses have done the same. He thinks even though the economy is not out of the woods, the town needs to set milestones so if conditions are met, it would trigger opportunities to give across-the-board increases. He said it is very hard to have a voice if you are a "line" staff. That voice is ably spoken by the Town Manager. It is hard in a government position to stir up new business. A government employee looks at a hopeless situation of incremental increases. He said he thinks Town Council Meeting Minutes for December 4, 2012 Page 9 there is a psychology that demoralizes government employees. Vail has some of the best government employees and this is a way to give them some recognition and that they are appreciated. The Council is going to have to budget money and set aside funding to give the employees an increase in salary. Michael Cacioppo stated the RSES request for additional tax payer money from residents from Vail is inappropriate. His understanding is that Eagle County School District employees are at the top of salaries in Colorado, they are either No. 1 or 2, for about an 8-1/2 month school year. He said it the town goes down that slope of funding another government entity. They will be falling into the school district trap that they are creating and wreaking havoc throughout Eagle County. He said the Eagle County School District is punishing people for failure to support a tax increase from a couple of years ago. He said it was unfair for Vail tax payers to pay twice. He believes there is a strategy by the Eagle County School Board to cut RSES out of the picture. The next point is a legal point for suggesting funding tonight on an ongoing, permanent basis or funding events in the future, past the current year. The Council can't legally commit to funding past one year. He said in the 37 years he has been here it always rains on Memorial Day. He said they need to look at weather patterns and see how many Memorial Day events could work. He heard that the CSE was possibly getting rid of the Farmers Market. Rogers said that was not true. He congratulated the Council and town for being bond debt -free. He said being bond debt -free did not mean they could spend money like wild banshees. He said to be careful with spending because if the town doesn't get snow for the rest of December, it is substantial part of the revenue and could be an issue. Moffet made a motion to approve Ordinance No. 16, Series of 2012, on second reading with the modifications of increase the budget to U.S. Burton Open to $400,000; plus $175,000 as a placeholder for the Pro -Cycling (with $100,000 of that coming from the VLMD); $160,000 to CSE; $20,000 to the Jazz Foundation; and $20,000 to RSES; and to change the split from 61/39 to 62/38. An additional $15,000 for the CSE for marketing will be taken out of the VLMD funds. The motion was seconded by Kurz. A vote was taken and the motion passed, 6-1, with Daly opposed. A five minute break was taken at 9:00 p.m The twelfth item on the agenda was a presentation of the four (4) Ever Vail development applications before the Council and requested action be taken on Resolution No. 35, Series of 2012 and Ordinance Nos. 7, 8 and 9, Series of 2011. The four (4) applications are intended to facilitate the future redevelopment of Ever Vail. Major Subdivision (Resolution No. 35, Series of 2012): A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right- of-way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. George Ruther, Community Development Director, reviewed each of the 2011 ordinances with Council. He said the first time the town discussed this project was in 2005. Since then 85 public hearings have been held. Many market conditions have changed significantly and thousands of hours of staff time, VRI and community time have been expended on this process. He said at least three different boards have been party to this application process. He said the Town Council Meeting Minutes for December 4, 2012 Page 10 resolution adopting amendments was approved by the Council in 2011. This request is for final review of the three ordinances, Ordinances No. 7, 8 and 9 of 2011; and Resolution No. 35. The applicant is not asking for specific approval of buildings or a site plan. When and if the time comes, the applicant will be required to come back into the town review process and continue for specific issues in the development review process. One of the requirements will be to be in compliance with the zoning, The ordinances are effective at a time into the future and won't exist until improvements are done for the site. The zoning text amendments and amendment to the special development district will not apply until the applicant comes in to develop the property. The intent is still in effect and certain conditions will still need to be met. Kendra Carberry, representing the town attorney's office, asked to continue Resolution No. 35, Series of 2012 to the December 18 meeting so the ordinances and resolution are all approved at the same time. Rogers said with all the discussions over the years, she is recommending approvals per staff recommendations to approve the ordinances. Daly asked Carberry how to define the condition of the completion of the Frontage Road. Carberry stated the condition for completion would be when the final plat is recorded at Eagle County. Further discussion ensued. Moffet wanted to discuss the core area parking maps to include Ever Vail in the commercial core designation. He wants more information and clarification at the next session of approval of the gondola at the site. Ruther said staff will come back and present it at the next meeting. Alex Iskedarian, representing Vail Resorts Inc. (VRI), said they are there to answer any questions. Rick Sackbauer, the Eagle River Water and Sanitation District (ERWSD) chairman, said he was representing the ERWSD directors and stated their position on this project. He said since 2006 he has worked closely with town staff on this project. Their concerns have remained consistent. The ERWSD submitted a comprehensive letter in September 2011 to Council and wants their concerns addressed and to reflect that they have been engaged in the process. He read into the record a letter that outlined the concerns and possible resolutions to the ERWSD concerns. Linn Brooks, with ERWSD, stated concerns are with Resolution No. 35 and Ordinance No. 7. Their September 14, 2011, letter addressed concerns including access to the wastewater parking deck easement needs to be addressed, access to the western portion of ERWSD property and access easement. The on -going treatment facilities need to accommodate large vehicles, and they want protection from VRI of the town and the ERWSD from nuisance lawsuits filed by buyers and tenants due to the location of the wastewater treatment facility. They want disclosure of the proximity of the ERWSD and other potential impacts required in the marketing information documents. They want VRI to obtain waivers from buyers and incorporate information into all the marketing materials, maintain setbacks of 10 feet and the easements across relocation options district requests town council conditional Town Council Meeting Minutes for December 4, 2012 Page 11 Rogers said they are not approving any development. Brooks said they are addressing concerns for when they do development. Rogers said all the ERWSD rights are preserved at this point. Daly asked Carberry about the disadvantages of including the ERWSD conditions now. Carberry said easement access needs to be done legally. Requiring a nuisance lawsuit condition is not required at this time. The town can't resolve this issue until there is a project in process. The final plat will address access and easement issues. And a subdivision improvement agreement can also address these issues. Ruther said these issues are important but they are timing issues. Gwen Scapello, a Vail resident, said she has a concern about tapering the profile of Ever Vail to blend down toward the residential areas. Ruther said the Lionshead Redevelopment Master Plan addresses this. In the site specific area, those standards supersede the mixed use requirements. Jim Lamont, representing the Vail Homeowners Association (VHA), said the VHA also has the same concerns as stated by the ERWSD. He said the possibility of having multi -year projects is that some key issues can fall through the cracks and may not be addressed. Some sort of acknowledgement of the ERWSD concerns should be documented and embedded in the approval process as it would be a vital key to the success of the project. He stated the issues are important and need to be memorialized for future discussion when the project moves forward. Donovan asked to reference the letter without tying themselves to the conditions. Mire said a recital could be added. Daly said the town's interest and the ERWSD's interest are aligned. Council may want to add as conditions. Kurz stated he sits on the board of ERWSD. The district's position wants to make sure the town, VRI and the ERWSD address their concerns and they are not left out and dealt with as they move forward. Moffet made a motion to continue Resolution No.35 to the December 18, 2012, meeting and the motion was seconded by Kurz. A vote was taken and passed, unanimously, 7-0. Moffet made a motion to approve first reading of Ordinance No. 7, 2011, and the motion was seconded by Kurz and was subject to the findings in the staff memorandum. A vote was taken and the motion passed, 6-1, with Donovan opposed. Donovan said the timing is not critical and she doesn't support the changes to the master plan. Moffet made a motion to approve first reading of Ordinance No. 8, 2011, and the motion was seconded by Kurz and was subject to the findings in the staff memorandum. A vote was taken and the motion passed, 6-1, with Donovan opposed. Moffet made a motion to approve first reading of Ordinance No. 9, 2011, and the motion was seconded by Kurz and was subject to the findings in the staff memorandum. A vote was taken and the motion passed, 6-1, with Donovan opposed. The thirteenth item on the agenda was adjournment. Town Council Meeting Minutes for December 4, 2012 Page 12 As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 9:55 p.m. Respec y Submitted, Attest: /!_ e/' ,.- % Andrew P. Daly, Mayo a/l ei D�Ialdson, Town Clerk —`` N 9� f EAL n ......... Town Council Meeting Minutes for December 4, 2012 Page 13