HomeMy WebLinkAbout2012-04-03 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, April 3, 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
The first item on the agenda was Citizen's Participation. Dave Kraft read a letter into the record
regarding the taxi and limo issues in town and how that has affected his limo business. He feels
the issues have severely impacted and financially hurt his business. Mayor Daly requested he
send a copy of his letter to the town so it can be attached to the town agenda records.
Rich ten Braak, representing the Vail Chamber and Business Association (VCBA), invited the
Council and community to a VCBA event at the Holiday Inn on April 13 at 8:30 a.m.
Paul Rondeau, Vail resident, said he wanted to discuss an item that was not on the agenda. He
read into the record an article he had published in the Vail Daily that questioned the use of the
municipal site for a medical office building. He requested Council consider other opportunities
for the site. He wants more public input before the Council makes a final decision on the sale of
this property.
The second item on the agenda was the approval of the Consent Agenda.
On the consent agenda was the approval of Resolution No. 16, Series of 2012, the Eagle River
Water and Sanitation District (ERWSD) Matterhorn Circle Bridge Replacement
Intergovernmental Agreement (IGA).
Moffet made a motion to approve Resolution No. 16, Series of 2012, an IGA for the ERWSD
Matterhorn Circle Bridge Replacement. The motion was seconded by Kurz. Foley asked what
the time lines and schedule were for the replacement. Greg Hall, Public Works Director, said
the project would begin possibly in July or August. He said staff will come back to Council once
this project was out for bid and it gets all federal approvals. A vote was taken and the motion
passed unanimously, 7-0.
The third item on the agenda was the Town Manager Report. There were three items under
the town manager's report:
Town of Vail Meeting Minutes of April 3, 2012 Page 1
1) Emergency Evacuation discussion. Zemler stated Tjossem has asked for an update on
the emergency evacuation plan for Vail due to current fires around the state. Henninger
stated not all the news in the media is accurate. He said the people that died in the fire
in Jefferson Council were told to leave and they didn't. He said Vail has a good
evacuation plan in place. People still need to make good decisions on their own.
Henninger said evacuations included hazardous materials, flooding issues and debris
flow. The evacuation plan is more comprehensive than just for fires. He said there was
a meeting on April 12 for all stakeholders to go over wild land fire issues and get
everyone up to speed. There are more meetings scheduled for May 3 and 4.
All community relations departments will work with the fire and police departments to
educate the community on evacuation plans. He said there is a reverse 911 plan (EPN)
which has been in place for the past 5 years. There is also an Eagle County alert system
(EC Alert) which is a much better alert system to reach people by text. If people want to
sign up to receive EC Alerts, they should go to ECAlert.org. There are also public
service announcements that will be done, as well as possibly going door to door and
also a hotline telephone number.
A large part of the evacuation plan is moving people from the neighborhoods to the Vail
Transportation Center (VTC) and then making decisions to move them to other places.
Eighty percent (80%) of the community will be moving out of the area in their cars. Part
of the plan is communicating whether to tell them to go east or west on 1-70. The police
department can direct and move 2,000 vehicles onto the on -ramps per hour. They could
move quite a few people out of town in a short period of time. Once people leave their
homes, they need to put a piece of paper on their door with the porch light on to let
emergency personnel know people have left the home. Domestic pets can be
transported on buses in an emergency. The Eagle County Animal Shelter will also help
with the evacuation. There are limited evacuation centers manned by town staff and a
plan for folks who are up on the mountain. He said responsibilities are outlined in the
evacuation manual. The manual and policy will be rewritten to include a safe zone
called out and re-entry plans and moving the population back into the community.
Additional discussion ensued.
Henninger said the lodges and hotels have their own evacuation plans in place as well.
Ron Braden, IT Director, said any number on the town's system can be programmed to
broadcast any message they want. Henninger stated the county and the town's website
will both be updated if an emergency occurs. Daly said the information needs to be
reviewed and updated with current and accurate information.
At this point, Daly informed the public there is a community survey out on the town
website and encouraged the community to go online and fill it out. Zemler said another
reminder is the Comcast April 17 deadline for people to get digital devices for basic
service otherwise they will lose service. Tjossem asked about the number of devices
each household can have. Braden said each household get up to three free devices and
anything above that number they will have to pay.
2) Lionshead Welcome Center Community Space final discussion on rates.
Pam Brandmeyer, Assistant Town Manager, said Council had asked staff to come back
with a more detailed rate plan. She reviewed the memorandum and rate schedule with
Town of Vail Meeting Minutes of April 3, 2012 Page 2
the Council. She said they plan on marketing this space within existing sites. If Council
wants to market it differently, they would need extra funding. Rogers said it looks good.
Daly asked for the contact information to be sent to Council so they can hand it out to
folks who ask them for it.
3) Lionshead Welcome Center Community Space Naming discussion.
Mayor Daly requested the staff form a committee to review the names submitted. The
subcommittee should include two Council members and two staff members to review the
names. The subcommittee will then come back to Council with the recommendation of
the name.
Tjossem said two community members should be on the subcommittee as well.
Donovan and Foley agreed to be the Council committee members. Zemler will appoint
two staff members and then those four people will select two community members. He
stated a few additional names were submitted after the deadline. Daly asked
Brandmeyer to chair the subcommittee.
The fourth item on the agenda was first reading of Ordinance No. 3, Series 2012, an ordinance
making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund,
Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Heavy
Equipment Fund.
Kathleen Halloran, Budget Manager, said this is the first supplemental to the town's budget for
2012.
Daly asked about the purpose of the supplemental process and wanted clarification that it is to
address items that need to be rolled over or re -appropriated from one budget year to another
and other items the Council needs to consider for emergencies and out of cycle requests.
Tjossem asked Zemler how staff uses the supplemental process system. Zemler said the first
supplemental looks different then other supplementals in the year as this one addresses re -
appropriations from the previous year. The fire station falls into this category as they may need
to move the project up due to the possibility of using the space if staff moves. The Town will
need to fix it prior to the move. Further discussion ensued on various line items including a
business systems replacement. The original budget was $175,000 in 2011; however, system
costs are higher and now this line item is budgeted for $400,000 which includes the 2011
rollover as it was not used in 2011. Zemler said this is also part of the municipal redevelopment
move process as the current system is limping now and is outdated at over 20 years old.
Moffet made a motion to approve first reading of Ordinance No. 3, Series of 2012, and the
motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0.
The fifth item on the agenda was a discussion regarding the Athletics, Culture and Events
(ACE) independent funding initiative request.
Mia Vlaar, said she miss -spoke previously when she said they were only a citizen group. The
group was formed at the request of the previous sitting Council. She went through the
PowerPoint presentation. She discussed the strategic goals, values, mission, governance,
funding criteria, tiering mechanisms: i.e., non-profit groups, 50% funding; proven events 30%;
Town of Vail Meeting Minutes of April 3, 2012 Page 3
15% funding opportunity to new or one time events; and 5% available to offset the town's
expenses.
She discussed benefits to the town: economic development; support and sustain Vail's iconic
programs and events; energize Vail and generate sales and lodging revenue; and provide a
funding safety net for established events and programs. This will free up $2.1 million from the
town's General Fund plus another $300,000 from business license fees for a total of $2.4
million, to allocate to other Council priorities.
Vlaar said ACE is requesting Council appropriate up to $15,000 to fund a voter poll to gauge
support for the independent funding initiative. Results will be presented to the Council upon
completion of the poll at the next available meeting for further input and direction.
Rogers asked if the funds are approved by the voters, what would be the role of the current
Commission on Special Events (CSE) board. Vlaar said the CSE would be disbanded and
there would not be two separate boards. The CSE board members could apply to be on the
ACE advisory board. Daly asked what the relationship was between the Vail Local Marketing
District Advisory Council (VLMDAC) and ACE. Vlaar said the VLMDAC would dictate who,
what, when and how the funds would be distributed. ACE would manage and follow through
with the events they chose.
Rogers asked if this would require an ordinance to be approved to disband the CSE. Mire
stated any boards and commissions have to be changed by ordinance. Rogers asked if the
ACE advisory council would be allowed to have a council member on it. Mire said the town
charter states that no council member can sit on another town board.
Daly asked if the two taxes would create $4.2 million in revenue. Vlaar said it would free up $2.1
million from the town's revenue. Vlaar said it wouldn't be that flexible but that the advisory
council would be determining the funding. Moffet said he is concerned about misuse of the
funds. He would like a case made for more than doubling the funding. He doesn't see the need
for it. On a broader policy basis, this worries him because if we insulate the special event
funding process from the political process, the business managers may not care what happens
behind the council table. If this goes away where is the incentive? He wanted a more
thoughtful analysis of unintended consequences.
Mire said you can change the charter but it would have to go to the voters.
Daly said from what he has seen, from a competitive standpoint we are already out spending
the town's competitors. He believes this is far more money than is necessary. He asked why
they need more funding.
Vlaar said the funds were to help grow events not just to maintain them. They feel it's important
to stay ahead of the curve and not get behind it when it comes to special events.
Donovan said they are rushing this process by going out and doing a voter poll. This is
currently a tax adverse climate. The School District 3B question was killed last year and a
November ballot question would be toxic. She would like to wait and have this discussion in a
year to get more information to move forward and have a better climate to ask for a tax. She is
concerned the recoil would be bad.
Town of Vail Meeting Minutes of April 3, 2012 Page 4
Tjossem said the previous Council asked for this group to get together and this poll is another
mechanism to get feedback to gauge if the community wants to move forward. The timing could
be delayed and $15,000 to get feedback from one more segment is not inappropriate. Foley
said he agrees with Tjossem. Kurz agrees as well. If the aim is to improve the town's economic
situation, spending this money is not a big a deal. He is concerned about who will administer
the funds and asked if the staff has the time and energy to do this. Zemler said this was a
premature question and it should be a Council discussion on how to organize this at a future
date. Zemler said the staff use could be a concern. Daly said he hasn't heard a good
justification to give ACE $15,000 and doesn't see any urgency to getting this poll done.
Bill Suarez with the Vail Chamber and Business Association (VCBA) and Billy's Island Grill said
from the outset there isn't enough funding for events because there isn't enough money. From
the business community standpoint, he thinks this would be a good thing. He said the lodging
community is not totally behind this concept. There will be mixed support. He wants to hear
from the lodging community. Vlaar said there is support from the Vail Economic Advisory
Council, the Commission on Special Events, the Vail Local Marketing District Advisory Council
and some lodges.
Rogers made a motion to appropriate up to $15,000 to fund a voter poll to gauge support for the
independent funding initiative. The motion was seconded by Tjossem. Foley said this will help
to find out if this concept is accepted by the community. Zemler said he hopes the survey will
be reviewed by the Council.
A vote was taken and the motion passed, 4-3; Donovan, Daly and Moffet opposed.
The sixth item on the agenda was a discussion on an increase of the Ford Park Summer
Parking Rates for summer 2012.
Pam Brandmeyer, Assistant Town Manager, said this will be the first increase since
implementation in 1997. She said there is a $20,000 shortfall for managing the summer parking
plan at Ford Park. Staff said this is good timing as 15 additional parking spaces will be
removed. Staff has met with all Ford Park "user groups" to discuss raising the in -close parking
fees to a level that at a minimum will cover the disparity between revenues and expenditures. $5
in -close parking was implemented soon after the passage of the Ford Park Management Plan in
April 1997, but only after the South Frontage Road path was extended from the park to the
Village Parking Structure. Almost 50 paid and managed parking days have been identified for
the upcoming summer. With the success of the express shuttle from the Lionshead Parking
Structure to Ford Park over these days, plus approximately 25 more covering Sunday Farmer's
Markets and other assorted special events, staff now suggests that in -close parking should pay
for itself and should close the $20,000 gap. An increase of $5 to $10 per event would cover this
expense. User groups have been offered a discounted rate ($7.00) to satisfy their direct user's
needs. Staff is requesting the Council approve the parking rate increase from $5 to $10 per
event day.
Moffet asked why the town charges at all. Brandmeyer said this is still revenue neutral and the
park needs managed paid parking. Council is supporting a bus system of $100,000 to support
this event area.
Zemler said over time user groups have been controlling some of the parking spaces for their
events. When Council approved the management plan, it was done with the condition there
would be equity for every user group. Moffet said he hopes this isn't a town revenue measure.
Town of Vail Meeting Minutes of April 3, 2012 Page 5
Billy Suarez said thanked Brandmeyer as she put in a lot of work into this item. He agrees that
$10 is a fair parking fee. He said he wanted to point out and had an objection to making athletic
tournament people pay multiple times a day. He said there has to be a way that a family can
park and go in and out, if there is a space, without paying again. The multiple charges for one
day have to be changed and controlled. Brandmeyer said staff can look at that policy again.
The key is if space is available. Suarez said the parking staff at Ford Park deserve sainthood as
they deal with many disgruntled people.
Kurz made a motion to approve an increase from $5 to 10 for in -close parking at Ford Park per
event day, and user groups are discounted as in the past, beginning Summer of 2012. The
motion was seconded by Donovan. Tjossem said she is going to vote against this. Foley said he
is voting for it to get people to use the transportation centers. A vote was taken and the motion
passed, 6-1, Tjossem opposed.
The seventh item on the agenda was a discussion requesting the reallocation of funds for the
East Meadow Drive Reconstruction.
Tom Kassmel, Town Engineer, said staff is requesting to reallocate funds from the 2013 Budget
to the 2012 budget in order to expedite the replacement of the heated streetscape within East
Meadow Drive. He said East Meadow Drive from the Solaris bus neckdown to the Vail Road
bus neckdown reconstruction was completed in the spring of 2005 and then modified in 2008.
Since that time, there have been a numerous snowmelt leaks and breaks within the snowmelt
tubing. The issue is a saturated sand layer beneath the pavers and not enough drainage.
When heavy buses go over, it forces the pavers to be on the tubing and break.
Staff believes that the condition of the sand and snowmelt has reached a point where it is
necessary to replace the pavement section. Staff recommends replacing the existing pavement
section (pavers, sand, snowmelt and asphalt) with a new section consisting of asphalt set
pavers on top of snowmelt embedded in concrete. This particular new concrete section has
been used successfully at the bus neckdowns at the Austria Haus, Solaris and Vail Road. The
2013 budget is carrying $500,000 for the replacement of this heated paver section. Staff
suggests moving these funds from 2013 to 2012 and completing the repairs this spring. Staff
recommends supplementing the 2012 budget in the amount of $500,000, and removing the
same amount from the 2013 budget and to direct the Town Manager to enter into a contract, in
a form approved by the Town Attorney, with B&B Excavating in the amount of $319,008.56 in
order to complete the work this spring and ability to construct from 4/15 to before TEVA games
on the last weekend in May. The timing is good to get this project done.
Rogers asked why staff was asking for $500,000 if the bid was for $319,000. Rogers said she
is more than happy to give the money but is frustrated that Council doesn't know what the cost
will be. Kassmel said the staff has built in contingencies and that $400,000 would cover it.
Kassmel said this request was a function of moving the funding from the 2013 to 2012 budget.
Moffet made a motion to reallocate funds from the 2013 budget to the 2012 budget to expedite
the replacement of the heated streetscape within East Meadow Drive. The motion was
seconded by Donovan. Further discussion ensued.
Moffet made a motion to amend his motion to include "up to $400,000" and Donovan seconded
the amended motion. A vote was taken and the motion passed 7-0.
Town of Vail Meeting Minutes of April 3, 2012 Page 6
Zemler said he will make sure the details of the funding costs would be in the 2"d supplemental.
The eighth item on the agenda was first reading of Ordinance No. 2, Series of 2012, an
ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section
12-3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse
(VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012,
amending Chapter VII, Vail Village Sub -Areas, East Gore Creek Sub -Area (#6), Vail Village
Master Plan, pursuant to Chapter Vill, Implementation and Amendment, Vail Village Master
Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and
setting forth details in regard thereto.
Bill Gibson, Planner, reviewed the memorandum and power point on Ordinance No. 2. He said
the applicant requests the Council approve Ordinance No. 2, Series of 2012, on first reading.
The applicant requests that the Council table Resolution No. 7, Series of 2012, to its April 17,
2012, public hearing to correspond to the second reading of the associated Ordinance No. 2,
Series of 2012. On November 14, 2011, the Planning and Environmental Commission (PEC)
forwarded a recommendation of approval, with modifications, to the Council for the proposed
Ordinance No. 2, Series of 2012, and Resolution No. 7, Series of 2012, by a vote of 4-1-1
(Rediker opposed and Pratt recused). The purpose of the proposed ordinance is to establish a
new zone district, the Vail Village Townhouse (VVT) District; and the purpose of the proposed
resolution is to establish related design guidelines as part of the Vail Village Master Plan. The
purpose for establishing a new zone district and related design guidelines are as follows:
- Streamlining the development review process by establishing a new zone district to specifically
address townhouse properties which reduces legal non- conformities and the need for future
variances.
- Create incentives for redevelopment of existing townhouse properties.
- Preserve the existing residential character of the townhouse properties and the neighborhood.
Daly asked about the landscaping going from 30% to 20% and why aren't they asking to keep
as much landscaping as possible. Gibson said if they kept it at 30%, some of the properties
would continue to be non -conforming. Daly wants to keep as much landscaping as possible.
Gibson said the guidelines state the property owners need to pick one way or the other to be
consistent. Donovan said she has concerns keeping the residential character but the roof value
changes don't feel like a residential area anymore. She asked where 43 feet is residential in
character. Gibson said this height came from the Vail Village core. Since it's called Vail Village
Townhouse District, staff wanted to keep it consistent with the village.
Rogers said the town has been dealing with this for years. If they can go to 48 feet, why hasn't
anyone done it? Gibson said the practical challenge is the units today are constrained by the
existing structure. Once you demo/rebuild the property, owners must comply with the town's
guidelines, subsequently losing their square footage. They can't capture floor area by modifying
attics and basements.
Daly said going to 48 feet would not be feasible for many units. There would be a loss if they
rebuilt and some units are over on density.
Additional discussion ensued regarding gross residential floor area (GRFA), height and
landscaping.
Town of Vail Meeting Minutes of April 3, 2012 Page 7
Dominic Mauriello, with Mauriello Consulting, stated these were built in 1962 and built with 20%
landscape area. Between 1970 and 1985, this made all the properties non -conforming for this
provision in the code. That's why most of the properties meet the 20% and not the 30%. He
thinks what staff has shown is within the design controls in place. The fagades never change.
It's the back side of the building that changes. This doesn't make a difference to pedestrians on
the street side. It doesn't matter if the GRFA is 1.25 or 1.35. Donovan said Vail Trails East
could change enormously.
Gibson asked if the Council was going to table this item, the applicant wanted to skip a meeting
and move it to May 1st as Kyle Webb and Dominic Mauriello would be out of town on April 17.
John Dunn, a local attorney representing the Bridgewaters, one of the property owners, said
they are opposed because of unintended consequences on Lot 11. They are concerned about
homes on either side of their property. They want to know how they would be protected and
what it would look like. They are concerned about the GRFA as well. They want Council not to
adopt this ordinance or change the ratio of GRFA back to the original.
Moffet is comfortable with the way the ordinance reads as is.
Moffet made a motion to approve first reading of Ordinance No. 2, Series of 2012, and subject
to findings on page 5 of the staff memo dated April 3, 2012. The motion was seconded by Kurz.
Moffet said they were tormenting people needlessly. This ordinance simplifies the process and
gets rid of a lot of processes and accomplishes the town's objectives. Kurz agrees with Moffet
and said they need to look at redevelopment in a different way than the past. The market
suggests needing to do things differently and to allow property owners to improve their
residences. Donovan is opposed as she feels this still needs more work. Rogers and Foley
agree with Donovan. Daly said he is also not in support of this ordinance as this is part of the
main corridors of Vail. Tjossem is voting in favor as it has gone through two sessions of PEC
and the neighborhood has been involved. The staff has nurtured the process and come up with
a great compromise. She asked Moffet to amend his vote to table this item to the May 1
meeting.
Moffet moved to withdraw his first motion and Tjossem seconded the motion.
Moffet moved to table this item to the May 1 meeting. The motion was seconded by Foley.
Rogers said she doesn't get this process and would like to see a new 3D model done by
Mauriello to see the differences.
A vote was taken and the motion passed 7-0.
Mire said that was not necessary to make a motion to table Resolution No. 7, Series of 2012, to
the May 1st meeting.
A request was made to delay item number 9, Ordinance no. 6 to later in the evening.
A five minute break was taken at 9:08 p.m.
After the break the tenth, now ninth item was moved up on the agenda. It was Resolution No.
15, Series 2012, a resolution approving the conveyance of a portion of the real property located
at 75 South Frontage Road, Vail, Colorado (the Town Hall property) from The Vail, Colorado,
Municipal Building Authority and accepting such property.
Town of Vail Meeting Minutes of April 3, 2012 Page 8
Matt Mire, Town Attorney, stated there was a minor title correction for the real property
described in Resolution No. 15, Series 2012, (the "Property") was owned by the Vail, Colorado,
Municipal Building Authority (the "Authority'), a Colorado non-profit corporation. The Authority
was originally incorporated in 1970 and again in 1985, for the purpose of financing the
construction of town facilities on the Property. Pursuant to the Authority's Articles of
Incorporation, the Authority was to convey the Property back to the town once all outstanding
debt on the Property was fully satisfied. All outstanding debt on the Property has been fully
satisfied. On or about March 22, 2012, the Authority conveyed the Property to the Town. The
Council, via Resolution No. 15, Series 2012, wishes to approve such conveyance and accept
the Property. The Council will then authorize the conveyance of the Property as set forth in
Ordinance No. 4, Series 2012.
Rogers made a motion to approve Resolution No. 15, and the motion was seconded by Foley.
Daly reiterated that the town had set up an organization to own the Property and the debt was
paid off years ago and this cleaned up the title to the property.
A vote was taken and the motion passed unanimously, 7-0.
The tenth (was ninth) item on the agenda was first reading of Ordinance No. 6, Series of 2012,
an ordinance reestablishing "temporary business office" as a conditional use within the
Lionshead Mixed Use 1 District, and setting forth details in regard thereto.
Warren Campbell, Chief Planner, said on November 16, 2004, the Council adopted Ordinance
No. 26, Series of 2004. This ordinance created the "temporary business office" land use and
established it as a conditional use within the Lionshead Mixed Use 1 District. Within the
ordinance there was a provision causing the land use to cease being a conditional use on
December 31, 2008. The purpose of the text amendment was to provide adequate temporary
sites and locations for existing business offices currently in Lionshead that are displaced for a
period of time during construction in Lionshead. On March 5, 2012, the Planning and
Environmental Commission (PEC) unanimously forwarded a recommendation of approval to
reestablish "temporary business office" as a conditional use within the Lionshead Mixed
Use 1 District. The PEC recommended the Council approve Ordinance No. 6, Series of 2012,
on first reading. The request for a conditional use needs to come before PEC and then Council
will hear it in the PEC reports and can bring it up if so needed.
It was made very clear that this is an office use that was displaced due to redevelopment.
Tjossem said this has been a win/win situation.
Foley made a motion to approve first reading of Ordinance No. 6, Series of 2012, and the
motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 7-0.
The eleventh item on the agenda was second reading of Ordinance No. 4, Series of 2012, an
ordinance authorizing the sale of a portion of the real property located at 75 South Frontage
Road, Vail, Colorado, (the "Town Hall Property") to Vail MOB, LLC, for the purchase price of $5
million, and setting forth details in regard thereto.
George Ruther, Community Development Director, said this was second reading of Ordinance
No. 4, Series of 2012. He stated the Town of Vail (TOV), in cooperation with the Vail Valley
Medical Center (WMC) and the Steadman Clinic (SC), wishes to redevelop a portion of the
town's property located at 75 South Frontage Road. To do so, the TOV, WMC and SC signed a
Town of Vail Meeting Minutes of April 3, 2012 Page 9
memorandum of understanding, which in part, acknowledges the sale of a portion of Town
property to VVMC and SC for $5 million. The purchase price was established based upon a
value of use appraisal completed for the property. Pursuant to the terms of the purchase and
sale agreement, the title to the property shall not occur until such time as a building permit for
the new medical office building is ready for issuance and a construction loan guaranteeing the
construction of the building is secured and ready for funding.
Staff will be coming back on May 1, asking the Council to authorize the town manager to sign a
purchase and sale agreement to move forward. The transfer will not occur until such time as
the project has gone through the town's PEC and DRB process and a building permit is ready
for issuance and a construction loan has been issued.
Rogers made a motion to approve second reading of Ordinance No. 4, Series of 2012, with one
addition of a "whereas clause" that says, "Whereas the Council finds this will insure the long
term presence of the hospital and clinic in the town" and the motion was seconded by Tjossem.
Daly said one of his major Council objectives is to insure the hospital and clinic stay in town for
the long term. These issues will be addressed during the purchase and sale agreement. This
will make sure Council feels comfortable with the process, make sure fiduciary responsibilities
will be done and a construction contract will be addressed in a timely basis.
Mire point out that the only amendment after first reading was to clear up the title. A letter
submitted for the record by Dick Neal will be part of the record.
Mark Philippon thanked the Council and staff on behalf of his team. They are looking forward to
many years to come in this collaboration.
A vote was taken and the motion passed unanimously, 7-0.
Tjossem said she is proud of this Council for completing the vision of George Gillette in bringing
Dr. Steadman to town.
Dr. Steadman said he would like to thank George Gillette as well and he thanked the Council for
the vote.
The twelfth item on the agenda was the Ever Vail project.
Warren Campbell, Chief Planner, said staff requests that the major subdivision and Ordinance
Nos. 7, 8 and 9, Series of 2012 be continued to the April 17, 2012, public hearing.
Moffet made a motion to continue the Ever Vail major subdivision and Ordinance Nos. 7, 8, and
9, Series of 2011, to the May 1 st, 2012 public hearing. The motion was seconded by Donovan.
The thirteenth 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 9:26 p.m.
Town of Vail Meeting Minutes of April 3, 2012 Page 10
Respectfully Submitted,
Andrew P. Daly yor
Attest:
r ei ona ladson, Town �Clerk
Town of Vail Meeting Minutes of April 3, 2012 Page 11