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2004 Vail Town Council Minutes
l VAIL TOWN COUNCIL EVENING MEETING TUESDAY, JANUARY 6, 2004 6:00 P.M. The regular meeting of the Vail Town Council was called to order by Mayor Rod Slifer at 6:00 P.M., on Tuesday, January 6, 2004. Council members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Kent Logan Ludwig Kurz Greg Moffet Kim Ruotolo Staff members present; Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Chad Young with the Vail Recreation District (VRD) addressed the Council, expressing VRD's appreciation of Council's support for the Y04 event held this past New Year's Eve. In particular, Young thanked the Council for in-kind service from the Police Department, and for the efforts of Suzanne Silverthorn and Jamie Wilson in getting the word out on the event. Young stated they had over 100 donors with cash and merchandise, 57 volunteers and approximately 428 attendees. Mayor Slifer stated he had been in attendance at the event and agreed it was a great success. The second item on the agenda was the Consent Agenda. After a correction was made to the December 16, 2003, minutes by Diana Donovan, Greg Moffet moved to approve the minutes from the December 2, 2003, and December 16, 2003 meetings. Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Greg Moffet read Resolution No.1, Series of 2004, into the record, a resolution approving designating a public place within the Town of Vail for the posting of public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail. Moffet then moved to approve the resolution. Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 7-0. . Mayor Slifer stated for the record Robert Rothenberg had withdrawn his name from the candidate list for the Commission on Special Events (CSE) at the work session held earlier in the afternoon. Greg Moffet moved to re-appoint Ian Anderson and Stephen Connolly to their positions on the CSE. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was a request from the Vail Valley Foundation for in-kind services from the Town of Vail. Kurt Krieg, representing the Vail Valley Foundation, addressed the Council asking it to consider granting $2,500 in in- kind services in regard to the two scheduled events -The American Ski Classic and The Session snowboarding competition to be held this year. Krieg stated the in-kind services were being requested for media coverage, vendors and event staffing. Greg Moffet made a motion to approve the request. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7- 0. In granting the request, Council advised Krieg this request should be submitted during the regularly scheduled contribution request cycle during the budget process. The fourth item on the agenda was the first reading of Ordinance No. 1, Series of 2004, amending Ordinance Nos. 9 and 10, Series of 2003, regarding the Chateau at Vail. Russell Forrest, Community Development Director, advised the Council the proposed ordinance amended two ordinances to facilitate the • redevelopment of the Chateau at Vail hotel property located at 13 South Frontage Road, moving the effective date of approval from February 1, 2004 to July 10, 2004. Forrest stated the building date would remain the same as the previous ordinances. After some discussion Greg Moffet moved to approve Ordinance No. 1 on first reading. Kim Ruotolo seconded the motion. A vote was taken and the motion was approved unanimously, 7-0. The fifth item on the agenda was first reading of Ordinance No. 2, Series of 2004, an ordinance repealing Ordinance Nos. 9 and 10, Series of 2003, to revoke the approval of said ordinances causing each to become null and void. Forrest stated this ordinance was brought before Counci( on behalf of Waldir Prado (property owner) and T.J. Brink (representing the applicant). The applicant was asking to revoke Ordinances Nos. 9 and 10 of 2003 to allow for additional time to complete the purchase of the property prior to January 31, 2004. Greg Moffet moved to approve Ordinance No. 2 on second reading. Kim Ruotolo seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was second reading of Ordinance No. 33, Series of 2003, to allow funiculars and other similar conveyances, as a conditional use. Forrest informed the Council that no changes had been made from first reading of this ordinance. Ludwig Kurz motioned to approve Ordinance No. 33 on second reading. Diana Donovan seconded the motion. A vote was taken and • the motion was unanimously approved, 7-0. . The seventh item on the agenda was second reading of Ordinance No. 37, Series of 2003, allowing for an automatic reduction of points assessed for certain traffic offenses. Town Attorney Matt Mire stated this ordinance would allow people to pay tickets and penalties by mail, thus lessening the court docket in the town. Mire advised there had been no changes to this ordinance from first reading. Dick Cleveland moved to approve Ordinance No. 37 on second reading. Ludwig Kurz seconded the motion. A vote was taken and the motion was approved unanimously, 7-0. The eighth item on the agenda was the approval of the 2004 Ford Park Summer Managed Parking Plan. Assistant Town Manager Pam Brandmeyer informed the Council this was the eighth year of the managed parking plan and the plan had come a long way from its inception. Brandmeyer stated there will be 39 managed parking days in 2004, as opposed to 36 days in 2003. Greg Moffet moved to approve the management plan as presented. Dick Cleveland seconded the motion. A vote was taken and the motion was approved unanimously, 7-0. Mayor Slifer thanked the representatives of various user groups for sticking with this plan and moving forward to ensure all venues received equity. The ninth item on the agenda was discussion of a proposal by Vail Resorts for the acceptance of several easements on the proposed Forest Place Subdivision. • Mayor Rod Slifer recused himself from this item. Council heard a report from Warren Campbell, town planner, regarding the proposed drainage and utility easements in regard to several easements conveyed to the town by Vail Resorts in regard to the Lionshead tennis court site. Diana Donovan expressed concern over enforcement of employee housing units. After some discussion Ludwig Kurz moved to re-schedule this item for discussion to the January 20th work session. Greg Moffet seconded the motion. A vote was taken and the motion passed 6-0, Slifer recused. The tenth item on the agenda was the Town Manager's Report. Stan Zemler, town manager, publicly recognized Russ Forrest, Bill Carlson and Nina Timm, as well as other employees for the work done to remediate the Timber Ridge mold problem. Dwight Henninger, Chief of Police, updated the Council on the past New Year's Eve activities. It was agreed the curfew was working and it was safe to be on Bridge Street on New Year's Eve. Approximately 16,000 flyers were handed out through hotels, restaurants, and information booths. Council members suggested the addition of a midnight celebration next year designating the new year, such as fireworks or balloons. Council approved an agreement presented by the Timber Ridge Affordable Housing Corporation to provide Errors and Omissions Liability insurance for the • board. • As there was no further business, Greg Moffet moved to adjourn the meeting. Kim Ruotolo seconded the motion. A vote was taken and the meeting was adjourned at 6:45 P.M. Respectfully submitted, Rodney ~. Slifer ~ Mayor ATTEST: .- -~,I ~ ~©~~ oref~i Donaldson, Town Clerk ~ '~P1L"••. ~V Minutes taken by Mary A. Caster ~ ~ ' •• 3 : ~y • ,~ ~ o o• • ~ :o ~. • ~ •~ • ~ .~'•••....G~~.O ..... s. • ,r I4~ 1 AGENDA EVENING MEETING 6:00 P.M. TUESDAY, January 6, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (5 min.) 2. Lorelei Donaldson ITEM/TOPIC: Consent Agenda (5 min.) Pam Brandmeyer ^ Approval of the December 2, 2003 and the December 16, 2003 Evening Meeting Minutes. ^ Resolution No. 1, Series 2004, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, planning and environmental commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail. ^ Appointment of 2 members to the Commission on Special Events (CSE) from three applicants: Ian Anderson, Stephen Connolly, and Robert Rothenberg. • 3. Ceil Folz ITEM/TOPIC: Request for In-Kind Services by the Vail Valley Kurt Krieg Foundation (WF) for Two Special Events: American Ski Classic and The Session (Snowboarding) (15 min.) 4. George Ruther ITEM/TOPIC: First reading of Ordinance No. 1, Series of 2004, an ordinance amending the effective date of Ordinance Nos. 9 and 10, Series of 2003, from February 1, 2004 to July 10, 2004, and setting for details in regard thereto (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2004, on first reading. BACKGROUND RATIONALE: Ordinance Nos. 9 and 10, Series of 2003, were approved by the Town of Vail to facilitate the redevelopment of Chateau at Vail hotel property located a 13 South frontage Road. The purpose of this ordinance is to amend the effective date of Ordinance Nos. 9 and 10, Series of 2003, from February 1, 2004 to July 10, 2004. This ordinance is brought on behalf of Waldir Prado (property owner) and T.J. Brink (representing the applicant). First reading of Ordinance No. 1 Series of 2004, • 5. George Ruther ITEMITOPIC: First reading of Ordinance No. 2, Series of 2004, an ordinance repealing Ordinance Nos. 9 and 10, Series of 2003, .~~= i • 9. Warren Campbell ITEM/TOPIC: A proposal by Vail Resorts for the acceptance of several easements on the proposed Forest Place Subdivision. The Forest Place Subdivision is located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). 20 min. ACTION REQUESTED OF COUNCIL: Adopt, adopt with modifications, or deny the applicant's proposed Forest Place Subdivision and the associated easements being granted to the Town of Vail. BACKGROUND RATIONALE: On December 8, 2003, the Planning and Environmental Commission approved a request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site. The plat includes several easements which are to be granted to the Town and require the acceptance of Town Council. Please see the memorandum for further details. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council adopts the proposed Forest Place Subdivision and • the associated easements, located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). 10. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) 11. Adjournment (7:55 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, JANUARY 20, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, JANUARY 20, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please • call 479-2332 voice or 479-2356 TDD for information. I VAIL TOWN COUNCIL EVENING MEETING TUESDAY, JANUARY 20, 2004 6:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, January 20, 2004. Members Present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Greg Moffet Kent Logan Kim Ruotolo Ludwig Kurz Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney • The first item on the agenda was Citizen Participation. Kim Ruotolo publicly thanked town staff members Nina Timm, Bill Carlson, Russ Forrest and Suzanne Silverthorn for their roles in the mold mitigation project at Timber Ridge. Mayor Slifer presented outgoing Councilmember and former Mayor Ludwig Kurz with a plaque in appreciation of his eight years of service to the Town of Vail. Clouncilmembers also expressed their thanks for his dedication and hard work. The second item on the agenda was the Consent Agenda. Greg Moffet moved to appoint Town Manager Stan Zemler to the Minturn Cemetery District board of directors. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was Resolution No. 4, Series of 2004, a resolution designating Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, and Judy Camp as signers on the Town of Vail payroll account, the Town of Vail general checking account, and the TRC checking account held at First Bank. Greg Moffet made a motion to approve Resolution No. 4. Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was Resolution No. 5, Series of 2004, a resolution designating Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, and Judy Camp on the US Bank account for the Town of Vail. Greg Moffet made a • • motion to approve Resolution No. 5. Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was Resolution No. 6, Series of 2004, designating Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, and Judy Camp as signers on the Weststar account for the Town of Vail. Greg Moffet made a motion to approve Resolution No. 6. Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was Resolution No. 7, Series of 2004, designating Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato, and Judy Camp on the Alpine Bank account for the Town of Vail. Greg Moffet made a motion to approve Resolution No. 7. Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was Resolution No. 8, Series of 2004, designating Stan Zemler, Pamela A. Brandmeyer, Jacque Lovato and Judy Camp on the Colo Trust account for the Town of Vail. Greg Moffet made a motion to approve Resolution No. 8. Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The eighth item on the agenda was an update on the Vail Recreation District. • Nino Licciardi, chairman of the Vail Recreation District, gave a brief overview on proposed plans for renovation of the Vail golf course and club house. Liciardi informed the Council that a mill levy increase was being considered to fund the renovation, which could be presented to VRD voters in May or November of this year. Nicciardi noted that Stan Bernstein, along-time financial advisor to the town, would be assisting the district in evaluating the property tax proposal. Licciardi advised Council the VRD would have to approve the mill levy question by February 24, 2004, to qualify for a May 2004 ballot. The ninth item on the agenda was a status report on the proposed Red Sandstone Elementary School Multi-Purpose Facility. Local architect Lynn Fritzlen gave the Council an overview of the proposed multi-purpose facility being planned for Red Sandstone Elementary School. Robin Deighen and Michelle Hall, Vail residents, addressed the Council, giving their support for the project. Kim Ruotolo made a motion to approve an expenditure up to $65,000 for soils reports and construction documents pending development review of the project. Ludwig Kurz seconded the motion. Ruotolo amended her motion to add upon Planning and Environmental Commission (PEC) approval. Kurz amended his second. A vote was taken and the motion passed 6-1, Diana Donovan opposed, stating the cost of the project would increase as it moved through the process and she did not feel this was the best location for the facility. In approving the expenditure, the Council asked the Vail Recreation District to pursue an extension of the facility's lease in Avon for another year and that the upcoming • proposed VRD ballot initiative be increased to cover the current projected • shortfall in construction costs. Kurz encouraged the Council to pursue this project in a positive way, stating four different public entities were working in the same direction on this facility. Greg Moffet acknowledged Connie Kinkade for her work with the school district in getting them involved in this project. The tenth item on the agenda was a discussion of an amendment to the Red Sandstone Creek Deed Restriction for Units A-1 and B-9. The Council heard a presentation from Nina Timm, the town's housing coordinator, and Rick Sackbauer, chairman of the Eagle River Water and Sanitation District board, requesting that two housing units at Red Sandstone Creek be deed restricted in perpetuity to give priority to people with disabilities. A letter was also distributed to the Council addressing Sackbauer's comments. After some discussion, Dick Cleveland made a motion to authorize the town manager to sign a deed restriction indicating this would be done, with the understanding that the unit would not be left vacant if a disabled person was not available to rent or purchase it. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The eleventh item on the agenda was first reading of Ordinance No. 3, Series of 2004, an ordinance vacating platted public right-of-way between Lots P-3 & J, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive. George Ruther, head of planning, presented the ordinance to the Council, stating the • ordinance was written to correct along-standing error regarding a portion of town-owned public right-of-way and to replat a new right-of-way for the Hanson Ranch Road Chute in Vail Village. Greg Moffet made a motion to approve Ordinance No. 3 on first reading. Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The twelfth item on the agenda was the second reading of Ordinance No. 1, Series of 2004, an ordinance amending the effective dates of Ordinance Nos. 9 and 10, Series of 2003. George Ruther presented Ordinance No. 1 to the Council, stating the extension was requested by the developer to help facilitate the sale and redevelopment of the Four Seasons Resort property from February 1, 2004, to July 10, 2004. In discussion that followed, Council was advised that Ordinance No. 2, Series of 2004, which was next on the agenda would be eliminated if Ordinance No. 1 was to be approved on second reading. Greg Moffet then moved to approve Ordinance No. 1, striking any reference to Ordinance #10, Series of 2003. Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The thirteenth item on the agenda was the second reading of Ordinance No. 2, Series of 2004, an ordinance repealing Ordinances Nos. 9 and 10, Series of 2003. There was no motion to approve this ordinance, thus the ordinance died for lack of a motion. • The fourteenth item on the agenda was the Town Manager's Report. Town Manager Stan Zemler informed the Council that bids for the Village streetscape project will be opened January 28, 2004. Council will be reviewing the bids the first week of February. Also Zemler informed Council that ongoing discussions were being held to resolve capacity issues at Dobson Ice Arena while engineers determine a schedule for installation of a smoke management system that will increase the facility's capacity. In addition, the Council authorized Zemler to sign an Intergovernmental Agreement with Eagle River Water and Sanitation District for warranty work on the Village streetscape project. Mayor Slifer acknowledged that all three candidates running for a vacant seat on the Town Council were in the audience. As there was no further business, Ludwig Kurz made a motion to adjourn. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 8:15 p.m. Respectfully submitted, :~~`7~ ~.~/`~~~~~~~~~L Rodney ~. Sliferv Mayor • ATTEST: V..e~re i Donaldson, Town Clerk 0~~~~F•~A!l Minutes taken by Mary A. Caster ~; ~; • ~`` ~J ~+ co~o~~~ 4 EVENING MEETING 6:80 P.M. TUESDAY, January 20, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1, ITEM/TOPIC: Citizen Participation (5 min.) 2, ITEM/TOPIC: Consent Agenda (5 min.) • Appointment to the Minturn Cemetery District. BACKGROUND RATIONALE: The Mintum Cemetery District has requested the Town Council appoint a member to their district board of directors. The district has a current mil levy of .436 mils (per $100,000 assessed valuation this equals $43.60) in the Town of Vail, and as such, the board believes Vail should have representation. This can be either a Councilmember or staff. This board meets monthly, the second Monday of the month, 5:00 P.M. in the Public Works facility and the meetings usually last an hour. STAFF RECOMMENDATION: Direct the Town Manager to appoint a member from within staff. 3. Judy Camp ITEM/TOPIC: RESOLUTION NO. 4, Series of 2004 • A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE PAYROLL ACCOUNT, THE TOWN OF VAIL GENERAL CHECKING ACCOUNT, AND THE TRC CHECKING ACCOUNT HELD AT FIRST BANK AS PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUES OF THE STATE OF COLORADO. (2 min.) ACTION REQUESTED OF COUNCIL: Approve as presented. BACKGROUND RATIONALE: These resolutions add Town Manager Stan Zemler as an authorized signer. STAFF RECOMMENDATION: Approve 4. Judy Camp ITEM/TOPIC: RESOLUTION N0.5, Series of 2004, A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE US BANK ACCOUNT FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. (2 min.) ACTION REQUESTED OF COUNCIL: Approve as presented. s • BACKGROUND RATIONALE: These resolutions add Town Manager Stan Zemler as an authorized signer. STAFF RECOMMENDATION: Approve 5. Judy Camp ITEMITOPIC: RESOLUTION NO.6 Series of 2004 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE WESTSTAR ACCOUNT FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. (2 min.) ACTION REQUESTED OF COUNCIL: Approve as presented. BACKGROUND RATIONALE: These resolutions add Town Manager Stan Zemler as an authorized signer. STAFF RECOMMENDATION: Approve 6. Judy Camp ITEM/TOPIC: RESOLUTION N0.7, Series of 2004, A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE ALPINE BANK • ACCOUNT FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. (2 min.) ACT10N REQUESTED OF COUNCIL: Approve as presented. BACKGROUND RATIONALE: These resolutions add Town Manager Stan Zemler as an authorized signer. STAFF RECOMMENDATION: Approve 7. Judy Camp ITEM/TOPIC: RESOLUTION NO. 8, Series of 2004 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE COLO TRUST ACCOUNT FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. (2 min.) ACTION REQUESTED OF COUNCIL: Approve as presented. BACKGROUND RATIONALE: These resolutions add Town Manager Stan Zemler as an authorized signer. STAFF RECOMMENDATION: Approve • • 8. Nino Licciardi ITEMITOPIC: Vail Recreation District Update (10 min.) 9. Greg Moffet ITEMROPIC: Status Report on the Red Sandstone Elementary Lynn Fritzlen School (RSES) Multi-Purpose Recreation Facility RE: the Capital Craig Bruntz Project Construction Budget and Operational Budget. (30 min.) BACKGROUND RATIONALE: On December 16th, Council heard an overview of the progress in determining options for construction and funding of amulti-purpose recreation facility to be located at RSES. Current funding partners are: $369,000 Eagle River Water and Sanitation District (ERWSD) Of the orginal escrowed $400,000, $20,000 was used in the temporary re-location of the gymnastics facility to Avon and another approximately $11,000 in preliminary design costs for the new facility. $150,000 RE50J Eagle County School District $250,000" Vail Resorts, Inc. (VRI) $150,000 Town of Vail (TOV) cash earmarked $100,000 TOV in-kind $250,000*` Vail Recreation District (VRD) TOTAL CONTRIBUTIONS WILL NOW BE $1,269,000 • $1,185,030 ESTIMATED COST OF CONSTRUCTION '" Conditional based on conveyance of easements "" Subject to passage of mil levy increase in May '04 election This project is next set to go to Planning and Environmental Commission (PEC) on February 23, 2004. Unresolved issues: insurance, water tap fee(s), unresolved transportation issues, which may include a CDOT-required left-hand lane for turning and re-location of the bus shelter and lower lot parking. 10. Nina Timm ITEMROPIC: Discuss an amendment to the Red Sandstone Rick Sackbauer Creek Deed Restriction for,units A-1 and B-9 (20 min.) BACKGROUND RATIONALE: These are currently owned by Mountain Valley Developmental Services and are completely wheel chair accessible. Rick wants to amend the deed restriction so that the units are always prioritized for people with disabilities. 11. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 3, Series of 2004, an George Ruther ordinance vacating that platted public right-of-way between Lots P-3 & j, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive; and setting forth details in regard thereto (15 min.) • ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 3 Series of 2004, upon first reading BACKGROUND RATIONALE: Pursuant to the Vail Town Charter, the Vail Town Council shall only transferor convey interest in real property held by the Town of Vail via the adoption of an ordinance approving the conveyance. The purpose of Ordinance No. 3, Series of 2004, is to comply with the applicable provisions of the Vail town Charter in the vacating of a certain portion of Town-owned public right-of--way. Through the adoption of Ordinance No. 3 and the recording of the accompanying final plat, the Vail Town Council will vacate a portion of unused right-of-way and replat a new right-of-way for the Hanson Ranch Road Chute in Vail Village and remedy along-standing error. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 3, Series of 2004, upon first reading. 12. George Ruther ~ ITEM/TOPIC: Second reading of Ordinance No. 1, Series of 2004, an ordinance amending the effective date of Ordinance Nos. 9 and 10, Series of 2003, from February 1, 2004 to July 10, 2004, and setting for details in regard thereto (10 min.) 13. George Ruther ITEMlTOPIC: Second reading of Ordinance No. 2, Series of • 2004, an ordinance repealing Ordinance Nos. 9 and 10, Series of 2003, to revoke the approval of said ordinances causing each to become null and void, and setting for details in regard thereto (10 min.) 14. Stan Zemler ITEMITOPIC: Town Manager's Report (10 min.) Adjournment (8:05 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) • THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, FEBRUARY 3, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, FEBRUARY 3, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. 4 r • VAIL TOWN COUNCIL EVENING MEETING TUESDAY, FEBRUARY 3, 2004 7:00 P.M. The regular meeting of the Vail Town Council was called to order by Mayor Rod Slifer at 7:00 p.m., in the Vail Town Council Chambers. Council members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt Kent Logan Greg Moffet Kim Ruotolo Staff members present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney Mayor Rod Slifer introduced and welcomed new Councilmember Farrow Hitt. • The first item on the agenda was Citizen Participation. Chuck Ogilby, long time resident and former Vail Councilmember, showed the Council streetscape slides taken in Europe on a recent trip. Council requested Ogilby to provide prints of the streetscape slides to the Council. The second item on the agenda was the approval of the January 6, 2004 and January 20, 2004 evening meeting minutes. Greg Moffet moved to approve the minutes as written. Diana Donovan seconded the motion. A vote was taken and the motion was approved unanimously, 7-0. The third item on the agenda was Council Appointments to Boards and Commissions. Greg Moffet moved to appoint Kim Ruotolo to serve on the Channel 5 Vail Valley Community Television Board. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Greg Moffet moved to appoint Dick Cleveland to serve on the Eagle County Regional Transportation Authority (ECO). Kim Ruotolo seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Greg Moffet moved to direct Town Manager Stan Zemler to appoint a staff member to serve on the Colorado Ski Museum and Ski Hall of Fame board. Kent Logan seconded the motion. A vote was taken and the motion passed • unanimously, 7-0. • Greg Moffet moved to appoint Dick Cleveland and Farrow Hitt serve on the Parking Task Force. Diana Donovan seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Greg Moffet moved to appoint Diana Donovan, Farrow Hitt and Kent Logan to serve on the LionsHead Task Force and to re-appoint Bill Jewitt, Bill Anderson, Werner Kaplan and Robert Lazier to serve as community members. Kent Logan seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Town Council agreed to review these appointments at their retreat scheduled for Friday, February 13tH The fourth item on the agenda was an appeal of the December 8, 2003, Planning and Environmental Commission denial of a request for a sign variance to allow for additional signage for Bogart's Bar and Bistro. After hearing a presentation by Warren Campbell, town planner, and Luc Pols, the applicant, Greg Moffet moved to overturn the PEC decision and grant the variance request by the applicant. Kent Logan seconded the motion. Further discussion followed, with some councilmembers not agreeing that a sign on the wail would make a difference in the confusion. A vote was taken on the motion and the motion failed 2-5, Ruotolo, Cleveland, Slifer, Donovan and Hitt opposing. Dick Cleveland then moved to uphold the Planning and Environmental Commission's • denial for a request for a sign variance at Bogart's Bar and Bistro. Diana Donovan seconded the motion. A vote was taken and the motion passed 5-2, Greg Moffet and Kent Logan opposed. In denying the applicant's request, the Council felt the problem could be solved by working with the adjacent restaurant owner (China Garden Too) to move the location of their sign or include an arrow on the sign pointing to the direction of China Garden's restaurant. In denying the request, Council also directed staff to address signage issues at Verbatim and bring back a recommendation of a solution to eliminate situations like these. The fifth item on the agenda was Ordinance No. 3, Series of 2004, second reading, an ordinance vacating that platted public right-of-way between Lots P-3 & J, Vail Village Fifth Filing, and a contiguous portion of Gore Creek Drive. George Ruther, Chief of Planning, presented the ordinance to the Council, stating this ordinance would vacate a portion of town-owned public right-of-way and replatting a new right-of-way for the Hanson Ranch Road Chute in Vail Village, correcting along-standing error. Ruther stated there had been no changes to this ordinance from first reading. Greg Moffet moved to approve Ordinance No. 3 on second reading. Dick Cleveland seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The sixth item on the agenda was a discussion regarding Ford Park User Fees. Assistant Town Manager Pam Brandmeyer addressed the Council, stating research had been done by Town Clerk Lorelei Donaldson regarding charges for • the tower bench of Ford Park, stating that other communities were charging for s . the use of similar areas. Brandmeyer also informed the Council that people calling to reserve the lower bench were being informed of the proposed charges. Dick Cleveland moved to approve the fee structure as proposed. Kim Ruotolo seconded the motion. A vote was taken and the motion passed unanimously, 7- 0. Mayor Slifer complimented Donaldson for the effort put into this project. The seventh item on the agenda was an update by the Pro Cycling tour team's trip to Vail. Rick Chastain of Legacy Sports, provided the Council with an update on the proposed Pro Cycling Tour to come to Vail over Labor Day weekend. Chastain introduced representatives from Legacy Sports Group, who are also promoting the event. The tour is being promoted by ESPN, USA Triathlon championships, and 6 year American Team of Golf Junior Golf Championship, to be held over the Labor Day weekend. Chastain stated the event would include 2000 riders with a circuit race on a 110 mile course, a tour of the valley, and a 3- day village criteria. Sponsors included the Vai! Marriott hotel, Eagle County and Colorado Mountain Express, as well as KOA radio, and the Denver Post. It was noted that due to the national election coverage and fall television sweeps, sponsorships were difficult to obtain. It was suggested that Lance Armstrong may also be in attendance at the event. The eighth item on the agenda was the Town Manager's Report. Town Manager Stan Zemler reported on a request from Eagle River Water and • Sanitation District's invitation to have lunch with them on March 25"', to include an update on streetscape status, bond issues, summer water issues, and Wolcott and Vail water issues. Council also requested to be updated on what the district is doing with additional revenue with drought rates. Council was updated on the Vail Mardi Gras event being planned for February 24"'. Zemler stated this was a new event to Vail and would be held mostly on private properties. Council approved $300 in in-kind services, such as parking and cleanup. Council gave town manager Zemler authorization to staff approve up to $1500 in in-kind services without Council approval. Council requested a report be given to Council periodically on what projects had been funded. Council agreed to declare March 6, 2004, as Helmut Fricker Day and prepare a proclamation stating such. The Council agreed to forward its support to the Northwest Colorado Council of Governments for a grant to help with the planning of a cultural arts facility in Gypsum. As there was no further business, Greg Moffet moved to adjourn the meeting. Dick Cleveland seconded the motion. A vote was taken and the motion passed • unanimously, and the meeting was adjourned at 8:10 P.M. .] • _~,c~ ~F. Vq~~ Respectfully submitted, >, r .~ ~ Ca~~~~%~ / .IC!/ I .~ '~ ~(' Rodney ~. Slifer,'Mayor ~n '\ '~ ~'GLG'~~''~ ATTEST: ~~-,~ elei Donaldson; Town Clerk Minutes taken by Mary A. Caster ~~ ~ • EVENING MEETING 7:00 P.M. TUESDAY, FEBRUARY 3, 2004 NOTE: Timss of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. tTEMITOPIC: Citizen Participation (5 min.) 2. Lorelei Donaldson ITEMITOPIC: Consent Agenda (5 min.) Pam Brandmeyer ^ Approval of the January 6, 2003 and the January 20, 2003 Evening Meeting Minutes. 3. ITEM/TOPIC: Council Appointments (25 min.) A. Appointment of Kirn Ruotolo to the Channel 5 Vail Valley Community Television Board. BACKGROUND RATIONALE: Ludwig Kurz has served as the Council's representative on this board. This is a voting member at • Council discretion. ~~ B. Appointment of Dick Cleveland to the Eagle County Regional Transportation Authority (ECO). BACKGROUND RATIONALE: Ludwig Kurz has served as Town Council representative on this authority and Mike Rose serves as the voting alternate. This is a voting member required by state legislation. C. Appointment to the Coloredo Ski Museum and Ski Hatl of Fame. BACKGROUND RATIONALE: Ludwig Kurz has served as the Town Council representative and an advisory member. D. Appointment to thg-Parking Task Force. BACKGROUND RATIONALE: Ludwig Kurz has served along w/Dick Cleveland on this task force. Meetings are held as needed, usually resulting in 6-8/year. Voting member. E. Appointment to the LionsHead Task Force BACKGROUND RATIONALE: Ludwig Kurz has served along w/Diana Donovan, Greg Moffat, Bill Jewitt, and community • members: Bill Anderson, Werner Kaplan, and Robert Lazier. Voting member. ~;'~ ~ • 4. Wan'en Campbeli ITEMlTOPIC: Appeal of the December 8, 2003, Planning and Environmental Commission denial of a request for a sign variance pursuant to Section 11-4A 1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads)/Lot P, Block 5D, Vail Vllage 1st Filing. (5 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or modify the Planning and Environmental Commission's denial of a variance to Section 11- 4A-1, Signs Permitted in Zone District, Vail Town Code. BACKGROUND RATIONALE: On December 8, 2003, the Punning and Environmental Commission denied a n~quest for a variance to Section 11-4A-1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro along East Meadow Drive. The applicant has submitted an appeal of the Planning and Environmental Commission's denial. Please refer to the staff memorandum for addkional information. STAFF RECOMMENDATION: • Staff recommends that the Town Council upholds the Planning and Environmental Commission's denial of the requested variance to Section 11-4A 1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads~Lot P, Block 5D, Vail Village 1st Filing. 5. George Ruther ITEMROPIC: Second reading of Ordinance No. 3, Series of 2004, an Matt Mire ordinance vacating that platted public right-of--way between Lots P-3 S j, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive; and setting forth details in regard thereto (5 min.) 6. Lorelei Donaldson ITEM/TOPIC: Approval of Ford Park User Fees (5 min.) 7. Rick Chastain ITEM/TOPIC: The Pro Cycling tour team is planning a trip to Vail and would like to give an update to the Town Council (15 min.) 8. Stan Zemler ITEMROPIC: Town Manager's Report (10 min.) 9. Adjournment (8:15P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) • THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION 2 f u`~ ,~ • WILL BEGIN AT 2 P.M. ON TUESDAY, FEBRUARY 17, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, FEBRUARY 17, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour not cation. Please call 479-2601 voice or 479-2356 TDD for information. • • r • VAIL TOWN COUNCIL EVENING MEETING TUESDAY, FEBRUARY 17, 2004 6:00 P.M. The regular meeting of the Vail Town Council was called to order by Mayor Rod Slifer at approximately 6:00 p.m. on Tuesday, February 17, 2004. Councilmembers present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-tem Diana Donovan Farrow Hitt Kent Logan Greg Moffet Kim Ruotolo Staff members present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizens Participation. It was noted by the Council that Donovan Park was voted "best park for kids" in the Vail Daily. The second item on the agenda was Resolution No. 9, Series of 2004, a resolution declaring Vail's Town Council's opposition to extreme efforts to • limit use of eminent domain for the purpose of urban renewal. Town Manager Stan Zemler advised Council Colorado Municipal League was urging support of this bill and asked for the town's acknowledgement. Greg Moffet moved to pass Resolution No. 9. Diana Donovan seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was Resolution No.10, Series of 2004, authorizing the Town Manager to sign a bargain and sale deed, to sell and convey a vacated portion of platted right-of-way between Lots P-3 and J. Blck 5-A, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive. George Ruther, Community Development Department, stated this resolution followed the passing Ordinance No. 3, Series of 2004, transferring the right-of-way and recording the ffinal plat at the Eagle County Clerk and Recorder's Office. Greg Moffet moved to approve Resolution No. 10. Kim Ruotolo seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was the Vail Village Streetscape Bid Award for 2004-2005. A presentation was made by Greg Hall, Public Works Director, recommending awarding the bid to B&B Excavating for $6,650,000, to begin excavation in the spring of 2004, to construct the utility, drainage, snowmelt and streetscape improvements, including a public bathroom underneath Vendetta's deck estimated at $350,000. Hall • stated the project will continue in a spring and fall construction sequence • for the next 2 years, 2004 - 2005. Greg Moffet requested a breakdown of expenditures be provided to the Council. Diana Donovan expressed concern over melting more snow than was necessary for safety. Dan Talleen, long time local and business owner, spoke in favor of the snowmelt for a business perspective. After further discussion, Kent Logan moved to authorize the Town Manager to enter into a contract with B&B Excavating for $6,650,000, postponing the $250,000 for the proposed restrooms under Vendetta's deck until the first supplemental ordinance in the summer. Kim Ruotolo seconded the motion. A vote was taken and the motion passed 6-1, Greg Moffet opposed. The fifth item on the agenda was a proposal to purchase six transit buses from Orion Bus. Council heard a presentation from Greg Hall, stating the Town had secured two FTA grants of approximately $1,420,900 for a total cost of $1,793,880. The six buses will have cleaner burning engines and will meet all ADA requirements. Greg Moffet moved to authorize the Town Manager to sign a contract to purchase six buses at a net cost of $372,980. Dick Cleveland seconded the motion. A vote was taken and the motion was unanimously approved, 7-0. The sixth item on the agenda was an appeal of the December 8, 2003, Planning and Environmental Commission (PEC) denial of a request for a • setback variance to allow for a garage addition located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2"d Filing. Matt Gennett, town planner, presented the appeal to the Council. Gennett stated the staff recommended upholding the PEC denial of this request. The applicant, Dave Irwin, addressed the Council stating his reasons for requesting the variance. After the discussion, Greg Moffet moved to uphold the PEC decision to deny the variance request, stating he felt it was a grant of special privilege. Dick Cleveland seconded the motion. A vote was taken and the motion passed 5-2, Slifer and Ruotolo opposing. Slifer stated he was more in favor of allowing a garage in the setback as opposed to cars being parked in the driveway. The seventh item on the agenda was the Town Manager's Report. Pam Brandmeyer, Assistant Town Manager, advised the Council that Infocenter signs recommended by the Vail Valley Convention and Tourism Bureau proved to be more expensive than the town planned to spend. It was agreed to enhance the signs on the north and south sides of the existing signs to include the international logo. Council agreed to proceed with the review of the current no leash policy at Stephens Park. This discussion will be put on the March Z"d agenda to remind all park users to clean up after their dogs. • 2 • As there was no further business, Greg Moffet moved to adjourn the meeting. Kim Ruotolo seconded the motion. A vote was taken and passed unanimously, 7-0, and the meeting was adjourned at 6:58 p.m. .~a~,.4 F. ~q~ ~ '• ~,~ L~ °- .,~ ATTEST: ~C~~ L~4Fel Donaldson, Town Clerk Minutes taken by Mary A. Caster r: Respectfully submitted, Rodney ~. Slifer, `I(Aayor .~., C TOWN COUNCIL • EVENING MEETING 6:00 P.M. TUESDAY, FEBRUARY 17, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. Dwight Henninger ITEM/TOPIC: Recognition of Vail dispatchers Sharon Farmer and Amy Gray. Farmer was recently awarded a Life Saving Award from the Eagle County Sheriffs Office and the Vail Police Department's Bronze Wreath of Meritorious Service, while Gray received the Vail Police Department's Certificate of Commendation (5 min.) 2. ITEM/TOPIC: Citizen Participation (5 min.) 3. ITEM/TOPIC: Consent Agenda Stan Zemler A. Resolution No. 9, Series of 2004, CML (5 min.) George Ruttier B. Resolution No. 10, Series of 2004, a resolution authorizing the Town Manager to sign a bargain and sale deed, for good and valuable consideration, in hand paid or received, to . hereby sell and convey a certain vacated potion of platted right-of- way between Lots P-3and J, Block 5-A, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive, that is described on Exhibit A attached hereto and made part hereof, with all its appurtenances, to Vail Associates Holdings, LTD., a Colorado corporation, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 10, Series of 2004. . BACKGROUND RATIONALE: On February 3, 2004, the Vail Town Council approved Ordinance No. 3, Series of 2004, an ordinance vacating that platted public right-of--way between Lots P-3 & j, Block 5-A, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive; and setting forth details in regard thereto. Upon approval of Ordinance No. 3, Series of 2004, the next step in the conveyance process is to now execute the bargain and sale deed of the vacated right-of-way and record the final plat at the Office of the Eagle County Clerk & Recorder. 4. Greg Hall ITEM/TOPIC: Vail Village Streetscape Bid Award for 2004-2005 • (15 min.) I ,~, ACTION REQUESTED OF COUNCIL: Approve/ Deny Vail Village • Streetscape Project Bid BACKGROUND RATIONALE: The Town of Vail and Eagle River Water Sanitation District cooperatively have designed and bid construction improvements in Vail Village. These improvements include the replacement of utility lines, drainage system improvements, installation of a snowmelt system and final streetscape treatment for Bridge Street, Wall Street, Earl Eaton Plaza, Hanson Ranch Road from Seibert Circle to Hanson Ranch Chute and Gore Creek Drive from Wall Street to Mill Creek. The Town of Vail has received three bids for the "Vail Village Streetscape Project". The bids received are as follows: Vail Village Streetscape Project Bids Base Bid Alternate A Base Bid With Alt A Bi3~ B Excavating $ 6,298,220.06 $ 35,945.00 $ 6,290,867.04 Gould Construction $ 8,009,020.15 $ 37,980.00 $ 7,904,800.15 American Civil Constructors $ 8,207,569.00 $ (80,000.00) $ 7,947,069.00 Designer Estimate $ 5,902,780.80 $ 115,000.00 $ 6,009,605.80 The Project is scheduled to begin construction staging April 12~', • 2004 with full excavation to begin April 19~'~ 2004. The project will continue in a spring and fall construction sequence for the next 2 years 2004-20005. The project will also include the construction of a restroom underneath Vendettas' deck, (it is not included in the bid, nor the project budget, but estimated to be $350,000). The Streetscape Design Committee reviewed the bid and recommends the council direct the Town Manager to execute a contract t with B & B Excavating up to $ 6,650,000, to construct the utility, drainage, snowmelt and streetscape improvements including a public bathroom underneath Vendettas deck. STAFF RECOMMENDATION: Direct the Town Manager to execute with B&B Excavating a contract up to $6,650,000 and supplement the streetscape budget an additional $ 250,000 for the unbudgeted restroom from other project account savings. 5. Greg Hall fTEM/TOPIC: Purchase six transit buses from Orion Bus Todd Scholl Industries (10 min.) ACTION REQUESTED OF COUNCIL: Approve/ Deny Purchase of six transit buses. BACKGROUND RATIONALE: The Town signed a contract to purchase eight buses in June, 2002, from Orion Bus Industries. The contract has an "options" clause that allows us to purchase up • j 1 ,'`V ~~ to fifteen additional coaches within five years with the price being • adjusted by the CPI index for Series ID 1413 Trucks and Buses. The original contract price was $293,000 per bus, the current proposal is $298,980 per bus which is a net increase of just over 2%. The total contract price for the six buses will be $1,793,880. The Town has secured two FTA grants (2003 & 2004) of approx. $1,420,900 for a net cost to the Town of $372,980. The six buses that are being replaced are 1990, 1991 & 1992 model years and only one of the buses being replaced is ADA compliant. The FTA's minimum life expectancy is 12 years for a bus. These buses will complete the replacement of the older 35' conventional buses the Town operates and reduces the bus fleet size by 2 buses, per the budget reduction measures of 2003. The newer buses will have cleaner burning engines and will meet atl ADA requirements. The Town has budgeted in capital projects for four buses to be replaced in 2004 and two in 2005, the delivery of the buses is one year from the contract signing. The Town has also budgeted a Hybrid in-town bus for 2005, and I hope to have a demo in Vail in the near future. STAFF RECOMMENDATION: Purchase six transit buses from Orion Bus Industries. • 6. Matt Gennett ITEM/TOPIC: Appeal of the December 8, 2003, Planning and Environmental Commission (PEC) denial of a request for a setback variance, pursuant to Section 12-6D-6, Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2nd Filing (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or modify the Planning and Environmental Commission's denial of a variance to Section 12- 6D-6, Setbacks, Vail Town Code. BACKGROUND RATIONALE: On December 8, 2003, the Planning and Environmental Commission denied a request for a variance to Section 12-6D-6, Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2nd Filing. The PEC's denial of the applicant's request was based upon the applicant's self imposed hardship and that a grant of special privilege would occur if a variance were to be granted. The applicant has submitted an appeal of the Planning and Environmental Commission's denial. Please refer to the attached Planning and Environmental staff memorandum from the December 8, 2003 meeting for additional information. • STAFF RECOMMENDATION: 1 . 1 Staff recommends that the Town Council upholds the Planning and Environmental Commission's denial of the requested variance to Section 12-6D-6, Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2nd Filing. 7. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) Council Retreat Update Adjournment (7:30 P.M.) TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, MARCH 2, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, MARCH 2, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please • call 479-2106 voice or 479-2356 TDD for information. • • VAIL TOWN COUNCIL EVENING MEETING TUESDAY, MARCH 2, 2004 7:00 P.M. The regular meeting of the Vail Town Council was called to order at approximately 6:00 p.m. by Mayor Pro Tem Dick Cleveland. Council members present: Council members absent: Staff Present: Dick Cleveland, Kim Ruotolo Kent Logan Diana Donovan Farrow Hitt Mayor Pro Tem Rod Slifer, Mayor Greg Moffet Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was citizen participation. Stuart Bourne, a member of the Democratic Party, reported on the upcoming Democratic caucus to be held in Eagle. • The second item on the agenda was the consent agenda. Diana Donovan moved to approve the February 2, 2004 and February 17, 2004 evening meeting minutes as read. Kim Ruotolo seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The third item on the agenda was Proclamation 1, 2004, a proclamation designating March 6, 2004 as Helmut Fricker Day in Vail, Colorado. At the request of the organizers, reading of the proclamation was withdrawn. It will return for approval at a later date. The fourth item on the agenda was a summer air service update. Airlines consultant Kent Myers provided an update on 2004 summer air service from the Eagle County Regional Airport. Due to the success of the American Airlines program last summer, Myers indicated that Eagle County has agreed to provide 100 percent of the financial support for return of the American Airlines program in 2004, which has enabled the business community to attempt to obtain air service from a second airline, Continental. To date, local businesses have pledged $240,000 for the Continental flights, according to Myers. He asked the Town of Vail to pledge $10,000 towards the program. Myers' request was taken under advisement with no decisions rendered. The fifth item on the agenda was a discussion regarding proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Town of Vail. Council heard a presentation from Bill Gibson, town planner, regarding proposed text amendments to the town's Gross • Residential Floor Area (GRFA) regulations. Input was given regarding reasons to keep the GRFA regulations and others speaking in favor of eliminating the GRFA calculations. 1 • Alf agreed the topic is extremely complex and has resulted in unintended consequences. Council members thanked the town staff and members of the Planning and Environmental Commission for their hard work and analysis. During the discussion, stairwells, vaulted ceilings and basements were identified as areas of concern, as to specifics of how they should be included in the GRFA ratio. It was agreed that regulations should not be overly burdensome but must protect Vail's property values and standards if possible. She also noted the need to address the calculation for employee housing units (EHU's) which also involves enforcement strategies. Staff was encouraged to move forward with revisions to be discussed again at a future date. The sixth item on the agenda was approval of Vail Village Streetscape Artwork. As a follow up to the work session discussion earlier in the day, the Council voted to approve the concept presented by the Art in Public Places Board for the proposed Vail Village streetscape artwork along Wall Street, noting the need for refinements in its application to better reflect Vail's surroundings. The seventh item on the agenda was a request to proceed through the development review process with a proposal to place a monument sign and landscaping improvements on a small portion of the soccer field site located adjacent to the eastern Northwoods entrance at 620 Vail Valley Drive. After hearing a presentation from Northwoods representative Shelly Mello, the Town Council granted its approval to proceed through the development review process as it relates to Northwoods' proposal to place a monument sign and construct landscaping improvements on a small portion of the town-owned soccer field site adjacent to the eastern Northwoods entrance at 620 Vail Valley Drive. It was explained that boulders, • trees, sod, irrigation and a gate are being proposed at the condominium's east entry. The eighth item on the agenda was the first reading of Ordinance 4, Series 2004. An ordinance Amending Title Six of the Vail Town Code; Exempting Areas of Stephens Park from Town of Vail Requirements Regarding Pet Animal Owners' Immediate and Physical Control of Dogs. Following ayear-long trial period, the Council voted 5-0 to give preliminary approval to allow Stephens Park to join Bighorn Park as an off-leash area for dogs on a permanent basis. The ordinance establishes specific boundaries for the leash free area to include the park's turf area on the northeast side between South Frontage Road and Gore Creek. All other areas of the park, including the parking lot, playground and walking path, require dogs to be leashed and meet existing regulations. During the public input session, two residents expressed concerns about aggressive dogs running at large in the Intermountain neighborhood as a result of the trial period. Police Chief Dwight Henninger was directed to arrange for more patrols by Eagle County animal Control. During discussion, Council members asked users to do their part in controlling aggressive dogs, keeping the park clean and respecting the off-leash boundaries. At the suggestion of Blondie Vucich, an East Vail resident who has organized the dog park in Bighorn Park, staff was directed to explore the placement of dog waste containers at the Davos Trailhead and at the end of Bighorn Road. The ninth item on the agenda was first reading of Ordinance No. 5, Series 2004, an Ordinance Amending Title 4, Chapter 3, of the Municipal Code of the Town of Vail; Providing for Certain Amendments to the Town of Vail Sales Tax Code. After hearing an overview from Town Attorney Matt Mire, Diana Donovan moved to approve Ordinance No. 5 on first reading. Farrow Hitt seconded the motion. A vote was taken and the • motion passed, 5-0. As explained by Mire, the ordinance provides the town finance f • director with more latitude in implementing and enforcing the town's sales tax code in situations where a delay would jeopardize collection of the taxes due. The tenth item on the agenda was the Town Manager's Report. It was noted that January sales tax was up 9 percent from January a year ago. Also, it was announced the Vail Local Marketing District Advisory Council will report back to the Council regarding issues raised about its sponsorship of the PRIMA cultural arts campaign, including Valley in advertising. As there was no further business, Kent Logan moved to adjourn the meeting. Kim Ruotolo seconded the motion. A vote was taken and the motion passed unanimously, 5- 0, and the meeting was adjourned at 7:50 p.m. Respectfully submitted, c ~ •i'~i ., '~'~ y1 ~,!^~~. Dick CI , Mayor~ro-Tem ATTEST: ` ' ,._~~~~; ~~ • Lor lei Donaldsron, Town Clerk Minutes taken by Mary A. Caster • f • TOWN COUNCIL EVENING MEETING AGENDA 6:00 P.M. TUESDAY, MARCH 2, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEMITOPIC: Citizen Participation (5 min.) 2. ITEMITOPIC: Consent Agenda (5 min.) • Approval of the February 2, 2004 and February 17, 2004 Evening Meeting Minutes. 3. ITEM/TOPIC: Proclamation 1, 2004. A Proclamation designating March 6, 2004 Helmut Pricker Day in Vail, Colorado (5 min.) 4. Kent Myers ITEM/TOPIC: Summer Air Service Update. United and Continental airlines proposals. (15 min.) 5. Bill Gibson ITEMITOPIC: Proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA} regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) zone districts, and setting forth details in regard thereto (45 min.) ACTION REQUESTED OF COUNCIL: Listen to a staff presentation concerning the Planning and Environmental Commission's recommendation related to the proposed Gross Residential Floor Area (GRFA) text amendments and then solicit public input and questions. BACKGROUND RATIONALE: This is a continuation of the Town Council's February 3, 2004 discussions. 6. Leslie Pickling ITEM/TOPIC: Approval Vail Village Streetscape Art work (5 min.) ACTION REQUESTED OF COUNCIL: Vote to approve artwork 7. Matt Gennett ITEM/TOPIC: Request to proceed through the development review • process with a proposal to place a monument sign and landscaping f . the Town of Vail; Providing for Certain Amendments to the Town of Vail Sales Tax Code; and Setting Forth Details in Regard Thereto(5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 5, Series 2004. BACKGROUND RATIONALE: The jeopardy and assessment provision as proposed by this ordinance is consistent with state law and with other municipal tax codes, including our own ski lift tax. The amendment was requested by the Town Finance Department and will provide the Town of Vail Finance Director with more latitude in implementing and enforcing the Town's sales tax code in situations where a delay would jeopardize collection of the taxes due. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 5, Series 2004, on first reading. 10. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) Adjournment (8:00 P.M.) • NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, MARCH 16, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, MARCH 16, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. • • VAIL TOWN COUNCIL EVENING MEETING TUESDAY, MARCH 16, 2004 6:00 P.M. The regular meeting of the Vail Town Council was called to order at approximately 6:00 p.m. by Mayor Rod Slifer. Council members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Kim Ruotolo Kent Logan Diana Donovan Farrow Hitt Greg Moffet Staff members present: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney • The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was a review of a draft Vail Conference Center Business Plan. The Council heard a presentation from consultant Paul Sajovec, senior vice president of HVS, who has been working with the Council-appointed Conference Center Oversight Committee to develop a feasibility study and business plan for the facility. It was noted the Committee is currently evaluating the just-released study and will forward its recommendations to the Town Council on April 6. Sites being considered for the conference center are the charter bus lot just to the east of the Lionshead parking structure and the top of the Lionshead parking structure. As presented by Sajovec, the HVS report recommends the Town of Vail pursue construction of a conference center containing a 25,000 sq. ft. main ballroom/exhibit space and another 25,000 sq. ft. of breakout meeting space. Reading from the report, Sajovec said the facility should feature an overall level of quality representative of Vail's reputation as a world-class resort destination. He said design features should enhance event attendees' sense of being in a remarkable mountain resort. He went on to say the $42 million facility would be paid for with bonds backed by a 1.5 percent lodging tax and an additional .5 percent sales tax, approved by voters in 2002. The center would accommodate groups ranging from 500 to 2,000. An economic analysis presented by the HVS representative included projections on new room nights attributed to the facility, which shows an impact of 70,000 new room nights by year-five. As for operations, the study estimates the facility would operate at a deficit of between $1.1 million in the first year and $743,293 at stabilization in year 2011. Operating deficits in this range are typical, Sajovec said, for • conference center facilities of this size. Overall, the study estimates the economic impact of such a conference center in Vail would generate approximately $33.1 million into the • town economy and would support 329 jobs, according to Sajovec. During the public comment period, Stan Cope, manager of the Lodge Tower, stated most of the major hotels in Vail are in favor of the conference center, as the attendees would be staying in their accommodations. He said smaller hotels would benefit from the exposure and the return trips to Vail. Merv Lapin, committee member, warned of possible interest rate increases, stating timing is of critical importance. Rick Scalpello, also a member of the oversight committee, asked if the Council was willing to accept an assumption made in the study as it relates to the projected use of the conference center for non-conference events, such as community banquets and other functions that would likely compete with existing hotel facilities. It was noted the Conference Center Oversight Committee will meet with several investment bankers to develop a recommendation for structuring the debt and creating a cash flow model for the project. In addition, the committee is receiving additional information on the cost associated with adding parking to the existing Lionshead parking structure. It was noted the Council will resume its discussion on the conference center at its April 6 meeting. The third item on the agenda was Resolution No. 11, Series of 2004, approving the Lionshead Public Facilities Development Plan. Greg Moffet moved to approve Resolution No. 11 adopting the Lionshead Public Facilities Development Plan, subject to the finding in the staff memorandum. Kent Logan seconded the motion and the Council voted 7-0 to approve. It was noted the purpose of the plan is to facilitate the redevelopment of Lionshead by removing or curing covenants that may impede redevelopment and to generate revenue to pay for public improvements with tax increment financing. • The fourth item on the agenda was Resolution No. 12, Series of 2004, approving the P- 3 & J Reinvestment Plan. Greg Moffet moved and Kent Logan seconded to approve Resolution No. 12 regarding the P-3 & J Reinvestment Plan, subject to the findings in the staff memorandum. The Council voted 7-0 to approve the motion. It was noted the purpose of the plan is to remove or cure only covenants that may impede redevelopment of this property, which is located across from the Christiania where a parking structure with a park on top is being planned by Vail Resorts. The fifth item on the agenda was Resolution No. 13, Series of 2004, authorizing the Town Manger to remove certain protective covenants within the Forest Place Subdivision. Greg Moffet made a motion, Kent Logan seconded and the Council voted 7-0 to unanimously approve Resolution No. 13 giving Vail Resorts the go-ahead for a new subdivision called Forest Place located on Forest Road. Certain protective covenants exist on the site which prevent development of the property. It was noted that these covenants will be modified by the mutual consent of the Town of Vail and Vail Resorts Inc. Vail Resorts has already begun to remove ski operation facilities on the site and would like to begin installation of infrastructure for the new subdivision within the year. It was explained that this area is not part of the Lionshead Urban Renewal Area. The sixth item on the agenda was Resolution 14, Series of 2004, authorizing the Town Manger to modify certain protective covenants on 601 Forest Road on a parcel of land owned by the Town of Vail. Diana Donovan moved to approve this Resolution No. 14, authorizing the Town Manager to reestablish certain protective covenants that would keep the property as wetlands and allow the town to take reasonable care of the site. • Farrow Hitt seconded the motion. The Council voted 5-2 to approve, with Moffet and Ruotolo against. During an explanation of the resolution, Community Development • Director Russell Forrest said the action will allow certain types of trails that do not involve structures or boardwalks to be created on the site. The land is zoned Natural Area Preservation and is already dedicated open space, he said. The changes in the covenants had been requested by adjacent property owners. In voting against the resolution, Councilman Greg Moffet said that while the additional protections would benefit adjacent property owners, they would not be in the best interest of the public at large The seventh item on the agenda was the Council's pledge to Fly Vail Summer/Continental Airlines. Following a clarification from airline consultant Kent Myers, Greg Moffet moved and Farrow Hitt seconded to provide a letter stating the town is highly confident it will support the Continental Airlines proposal with $10,000 subject to appropriation mid-year (if revenues allow), to subsidize the additional air carriers flying in and out of Eagle to the Houston area. The council agreed and voted 7-0 to approve. Flights from Dallas by American Airlines have already been secured by Eagle County. The eighth item on the agenda was an update on I-70 mitigation measures. The Council heard a presentation from Police Chief Dwight Henninger and Public Works Director Greg Hall on efforts to mitigate the noise problems on I-70 through Vail, including an agreement with the Colorado Motor Carriers Association, the Colorado Department of Transportation and the Town of Vail to work together on noise and speed monitoring, education and traffic enforcement programs, and the pursuit of a noise mitigation demonstration project. Diana raised several concerns regarding practicality of certain aspects of the proposal. The Council voted 7-0 to direct the town manager to continue to • pursue the multiple actions and to reject second reading of Ordinance No. 28, Series of 2003, banning the use of engine brakes along I-70 through Vail. This ordinance had passed on first reading on December 2, 2003. The ninth item on the agenda was appointments to boards and commissions. In separate actions, the Town Council made the following board appointments: Thomas DuBois was appointed to a two-year term on the Building and Fire Codes Appeals Board (B&FCA) with Rich Seth as alternate. On the Planning and Environmental Commission, Anne Fehlner-Gunion, Roland (Rollie) Kjesbo, George Lamb and David Viele were appointed to two-year terms; while Bill Jewitt was appointed to a one-year term. On the Design Review Board, Scott Proper, Margaret Garvey Rogers and Joe Hanlon were appointed to two-year terms. On the Art In Public Places (AIPP) Board, Barbie Christopher, Pamela Hopkins and William Rey were each appointed to three-year terms. The tenth item on the agenda was the Art in Public Places (AIPP) year-end review. Leslie Pickling, AIPP coordinator, presented ayear-end review to the Council, recapping the various art projects commissioned in 2003 throughout the Town of Vail, including the deer migration fence at Dowd Junction and the installation of artwork at Donovan and Ellefson parks. The Council will be meeting with AIPP in April to discuss future art projects. The eleventh item on the agenda was the slurry seal street improvements project. Greg Moffet moved, Dick Cleveland seconded, and Council voted 7-0 to award the project to Intermountain Slurry Seal, Inc. of Utah. As explained, slurry seal is part of the • Town of Vail's on-going maintenance program, which helps to extend the life of asphalt pavement, while also providing a new all-weather and skid resistant surface to Vail • streets. All public streets in Intermountain and Matterhorn neighborhoods will be slurry sealed. The project is scheduled to begin in mid-June and will be completed before the Fourth of July holiday. The twelfth item on the agenda was First Reading of Ordinance 8, Series 2004, an Ordinance Amending Title 6, Chapter 3, "GENERAL OFFENSES," of The Municipal Code of The Town of Vail; Providing for the Addition of "Article I. Violation of Restraining Order". Greg Moffet moved to pass Ordinance No. 8. Kim Ruotolo seconded and the Council voted 7-0 unanimously to approve the motion, on first reading. Currently, there is no provision in the town's criminal code which addresses a violation of a restraining order. Adding this violation to the town's police regulations, as requested by Municipal Judge Buck Allen, will allow both the Police Department and the Municipal Court to more effectively enforce the town code and deal with offenders who violate lawful orders of this type. The thirteenth item on the agenda was First Reading of Ordinance 9, Series 2004, an Ordinance Amending Title 6, Chapter 3, Article A, of The Municipal code of The Town of Vail; Providing for Certain Amendments to the Town of Vail Police Regulations Relating to Offenses by or Against Public Officers and Government. Greg Moffet made a motion to approve Ordinance 9 on first reading. Kim Ruotolo seconded the motion and the Council voted 7-0 to unanimously approve. Currently, there is no provision in the town's criminal code which addresses a violation of bail bond conditions. Adding this violation to the town's police regulations, as requested by Municipal Judge Buck Allen, will allow both the Police Department and the Municipal Court to more effectively enforce the town • code and deal with offenders who fail to comply with conditions imposed upon them. The fourteenth item on the agenda was Second Reading of Ordinance No. 28, Series of 2003, Prohibiting the Use of Dynamic Braking Devices on a Certain Section of Interstate Highway 70 within the Town of Vail. In an earlier action, Greg Moffet moved, Kent Logan seconded, and the Council voted 7-0 to reject second reading of this ordinance, per its discussion of I-70 mitigation issues. The fifteenth item on the agenda was Second Reading of Ordinance No. 4, Amending Title 6 of the Vail Town Code; exempting Areas of Stephens Park from Town of Vail Requirements Regarding Pet Animal Owners' Immediate and Physical Control of Dogs. Dick Cleveland moved to designate Stephens Park as a leash free park. Diana Donovan seconded the motion and the Council unanimously approved Ordinance No. 4. This follows cone-year trial period for unleashed dogs. In approving the ordinance, Council requested increased enforcement of the park and surrounding area and additional signage. The sixteenth item on the agenda was Second Reading of Ordinance No. 5, Series 2004, an Ordinance Amending Title 4, Chapter 3, of the Municipal Code of the Town of Vail; Providing for Certain Amendments to the Town of Vail Sales Tax Code. Dick Cleveland moved, Diana Donovan seconded, and the Council unanimously approved this ordinance on first reading. This amendment was requested by the town Finance Department and will provide the Town of Vail finance director with more latitude in implementing and enforcing the town's sales tax code in situations where a delay would jeopardize collection of the taxes due. • 4 • The seventeenth item on the agenda was the Town Manager's Report. During a review of the written town manager's report, it was noted the Dobson Arena smoke mitigation proposal will most likely be presented to the Design Review Board on April 7. Due to a high cost estimate, staff was asked to re-examine all possible solutions to include an additional exit on the north side of the arena. • February lift tax collections were announced. It was also noted that February, normally one of the most impacted times for the town, was an accident-free month for Town of Vail employees. Following a discussion, the Vail Farmers' Market was given permission to set up in front of the Austria Haus on Meadow Drive, thus redirecting the buses to the South Frontage Road. The market was also allowed to set up on July Fourth, assuming there is no change in the parade route, due to construction. The Booth Creek prescribed burn is tentatively planned for this spring, weather and conditions permitting. As there was no further business, Greg Moffet moved to adjourn and Kim Ruotolo seconded. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, ATTEST: `'Lorei"ei Donaldson, G~N .;;;;.~q~ .~ , r`>~',1~.~. Town Clerk ~ /~ ,~~ Rod Slifer, Mayo • • VAIL TOWN COUNCIL EVENING MEETING TUESDAY, APRIL 6, 2004 6:00 P.M. The regular meeting of the Vail Town Council was called to order at approximately 6:00 p.m. by Mayor Rod Slifer. Council members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Kim Ruotolo Kent Logan Diana Donovan Farrow Hitt Greg Moffet Staff members present: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney • The first item on the agenda was Citizen Participation. Bob Fritch, owner/operator of the Sitzmark Lodge, stated he was distressed and disappointed with the Council and felt they'd let him, and other core business operators down, by allowing another big concert, Blues Traveler, to perform a free concert at Checkpoint Charlie this coming weekend. He said just last Wednesday night at StreetBeat, patrons of the concert would not clear retail shop doorways and when forced to move, spit on display windows. Next, Michael Cacioppo, publisher of SpeakOut, stated he had some comments to make about the upcoming speech and agenda of Elizabeth Hoffman, President of the University of Colorado. He stated government schools should not be looking for ways to circumvent the TABOR (Taxpayers Bill of Rights) Amendment. Through good management, money is saved for rainy days. Further, he stated, because Colorado has TABOR in place, it's much better off than most other states. Cacioppo suggested the registered Democrats and liberals in Boulder should stop trying to skirt the law and respect the effort that he and others have put forth to help strengthen the state's financial position. Kaye Ferry, representing the Vail Chamber and Business Association, and backed up by the President of the VCBA, Steve Rosenthal, requested Council re-visit its decision on the Vail Farmers' Market being operational on July 4th, stating that improper notice had been given for this decision. Councilman Kent Logan replied Council had made the best decision based on the information at hand. Following a spontaneous Executive Session with the motion made by Greg Moffet, with a second by Farrow Hitt, which passed unanimously, 7-0, Kent Logan moved, with a second from Kim Ruotolo, to revisit this item at the April 20 evening meeting. A vote was taken and the motion passed unanimously, 7-0. • • The last citizen participation item came from former Councilman Bill Jewitt, who on behalf of an attendee who had to excuse himself early, was asking when GRFA (Gross Residential Floor Area) would be revisited and was told the item was scheduled for April 20. The second item on the agenda was an Update of the Economic Development Efforts and Financial Challenges Facing Colorado Public Higher Education. In providing an update to the Town Council, Dr. Betsy Hoffman, President of the University of Colorado, first clarified that CU funding is not in danger, since the university has the option of becoming an "enterprise zone" under TABOR (Taxpayers Bill of Rights). Instead, she said, it will be the community colleges that will struggle with funding due to TABOR implications. She went on to state CU's tuition is among the lowest in the country. She encouraged those in attendance to review and ultimately support House Bill 189 to protect state institutions. Honoring a request from Council during the afternoon work session, Public Works Director Greg Hall gave an overview of the Village Streetscape project, due to start construction on April 19. Hall summarized communication efforts with merchants and affected parties ranging from weekly meetings at the Christiania to distribution of weekly pedestrian maps, and the use of community hosts, flaggers, bus drivers, and concierges to distribute information. It was noted that this agenda item would be a regular update through the close of the first phase of construction which runs from April 19 to June 25. • The third item was the Consent Agenda, including the minutes from the March 2 and March 16 meetings. Greg Moffet amended his motion, and Kim Ruotolo amended her second, to approve the minutes as corrected by Diana Donovan. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was a request for approval of the final design for the Pirateship Park. Following a more expansive work session discussion earlier in the day, Greg Moffet moved, with a second from Kent Logan, to approve the design for Pirateship Park that will include no lighting, will be limited to two tot swings, and through the construction will attempt to minimize site disturbance. At the request of Council, both members agreed to amend their motion and second to also include, in alignment with the Village Streetscape project, that no construction will occur in July and August, only the spring and fall. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was a request to proceed through the development review process with a proposal to construct private improvements on town property as part of Manor Vail's proposed redevelopment. Greg Moffet moved, with a second from Rod Slifer, to authorize the Town Manager to sign the application. A vote was taken and the motion passed 5-2, with Dick Cleveland and Diana Donovan in opposition. As an introduction to the discussion, Town Attorney Matt Mire explained that Council's role was not to review the full application, but merely to inform the applicant whether it was a worthwhile endeavor to continue through the process since the Town of Vail, as the property owner, must sign the application. Chuck Madison of East West Partners, representing the applicant, Manor Vail, outlined the scope of the proposed Manor Vail redevelopment project, which includes exterior improvements, adding new roof lines and new deck rails, replacing surface parking with an underground structure, and providing a garden area. When questioned about the public improvements to be gained by the • ,] proposal, Madison offered a list of benefits to include the following: pedestrian access to Ford Park would be a more direct route; public access to Mill Creek would be upgraded; landscaping around the tennis courts would be added; loading and delivery would be moved to the rear of the facility out of the public eye; direct access from Ford Park back to Manor Vail would be provided; tennis courts would be resurfaced; vehicular access from both entrances would be improved to diminish stacking on Vail Valley Drive--all resulting in an increase in lodging occupancy, thus increasing sales tax. Councilman Dick Cleveland questioned why landscaping around the tennis courts was necessary and how it would benefit the public. He also asked why Manor Vail should be allowed to stage off-site when all other construction projects must fulfill that obligation on-site. He also stated cantilevering over the stream tract provided no public benefit and the route through Manor Vail and over the Manor Vail Bridge into Ford Park already seemed very direct. Prior to the vote, Councilmember Diana Donovan also raised concerns, questioning the tennis court staging area use, the private footpath through the stream tract and proposed closure of Chalet Road. Following the vote, the Council urged the applicant to return to an upcoming work session for an update. The sixth item on the agenda was an appeal of the March 8, 2004, Planning and Environmental Commission approval of a request for a variance from Chapter 14.6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height located at Tract K, Glen Lyon Subdivision and Unplatted Parcels. The variance request is associated with Vail Resorts Development's snowcat access relocation proposal. At the applicant's request, Community Development Director Russell Forrest asked Council to table the appeal to enable the parties to gather additional information. • Greg Moffet moved to continue this item to April 20, with a second from Dick Cleveland. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was an update on the Vail Conference Center and a request to issue an RFP (request for proposal) for an owner's representative. Greg Moffet moved, with a second from Kent Logan, to issue an RFP for an owner's representative. Avote was taken and the motion passed 6-1, Diana Donovan opposed. Community Development Director Russell Forrest discussed financing options and the need to insulate the town's financial position and revenue stream. Councilman Kent Logan stated presentations by four investment bankers had been reviewed and the Conference Center Committee was moving forward, with the near prospect of having the proposal hammered out soon. Councilmember Diana Donovan expressed concerns about the ability of Tax Increment Financing (TIF) to pay the bills and the continuing subsidy from the town needed to offset losses. She also urged not rushing forward without further public discussion and closing the door on other important amenities that could be built on the charter bus lot. Mayor Rod Slifer confirmed the LionsHead parking structure is structurally sound to support another layer of parking/conference center and the total size of the facility is recommended to be 45,000 sq. ft. Proposed next steps, to include a recommendation to Council on financing the project, interviews with owners responding to the RFP on April 20, and hiring the owner's representative by the first or second meeting in May, were also discussed. The eighth item was first reading of Ordinance No. 7, Series of 2004, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Marketing Fund for the 2004 Budget for the Town of Vail, Colorado; and authorizing expenditures of said appropriations. Greg Moffet moved, with a second from Kim Ruotolo, to approve first CJ i • reading of Ordinance 7. A vote was taken and the motion passed, 6-1, Dick Cleveland opposed. Dick Ceveland read the title in full. Judy Camp, Finance Director, explained that most of the items on the list were roll-forwards from projects budgeted in 2003, but not completed. Also, it was noted that an appropriation for $325,000 for the East Vail repeater site was now included, based on Eagle County's decision not to fund the project. When questioned by Council on the possibility of raising dispatch per-call fees, Police Chief Dwight Henninger responded the majority of the dispatch system was originally funded by the county, possibly at a level of $10 million. Councilmember Diana Donovan inquired about a line item for traffic enforcement on the interstate, which requires the hiring of an additional patrol officer, to which Henninger responded the State Patrol has denied the town's request to provide increased enforcement and the additional expenditure would be used to direct 21 hours of patrol time a week toward I-70 enforcement. Public Works Director Greg Hall indicated a study and pilot program for noise mitigation had already been authorized by Council in conjunction with the Motor Carriers Association and was underway. Henninger concluded that the additional officer hours would be spread amongst the rest of the police staff and would bolster a more positive and friendlier response to the public. Donovan also inquired about line items for wayfinding, laptops and smoke mitigation at Dobson Arena. In explaining his vote, Cleveland stated that at a time the town is cutting positions, it seemed counterintuitive to add a position to the Police Department. It was requested that funding for the police position be adjusted via a transfer from the Capital Projects Fund to the General Fund. Kent Logan requested there be a full budget adjustment prior to the second reading. Staff was also asked to review all line items to make certain the requests are accurate and still needed. • The ninth item on the agenda was first reading of Ordinance No. 11, Series of 2004, an ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado; i.e., a subterranean portion of Hanson Ranch Road continuous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing." Councilman Dick Cleveland read the title in full. Cleveland then moved to approve Ordinance 7 on first reading, with a second from Greg Moffet, as read. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was second reading of Ordinance 8, Series of 2004, an ordinance amending Title 6, Chapter 3, "GENERAL OFFENSES," of the municipal Code of the Town of Vail; providing for the addition of "Article I. Violation of Restraining Order." Councilman Dick Cleveland read the title and Greg Moffet moved to approve Ordinance 8 on second reading as read, with a second from Diana Donovan. The motion passed unanimously, 7-0. The eleventh item on the agenda was second reading of Ordinance 9, Series of 2004, an ordinance amending Title 6, Chapter 3, Article A, of the Municipal Code of the Town of Vail, Colorado; providing for certain amendments to the Town of Vail Police Regulations relating to offenses by or against public officers and government. Dick Cleveland read the title and was followed by a motion by Greg Moffet to approve this ordinance on second reading as read, with a second from Diana Donovan. The motion passed unanimously, 7-0. The twelfth item on the agenda was a proclamation designating April 11, 2004, through April 17, 2004, to be National Public Safety Telecommunications Week. Greg Moffet • .y e~ o a o , • ~.... • O• • • ti ~A ,., .;oo ~: ••., ~; ....~' '~i.~ ~'bt_0 read the title in full and then moved to approve the proclamation as read, with a second from Farrow Hitt. The motion passed unanimously, 7-0. The thirteenth item on the agenda included appointments to two town boards. Greg Moffet moved and Kim Ruotolo seconded to appoint Diana Mathias to a one year unexpired term to the Design Review Board. The council approved the motion 7-0. Dick Cleveland made a motion to appoint Millie Aldrich to a one-year unexpired term to the Art in Public Places Board. The motion was second by Greg Moffet and approved unanimously, 7-0. With no further questions under the Town Manager's Report (Item 14), the meeting was adjourned at 9 p.m. Respectfully submitted, ~- r ~- i n iG~ Rod Slifer, Ma~br ' ATT ST: '~Cor i D n Ids n' Town Clerk C] i • • VAIL TOWN COUNCIL EVENING MEETING TUESDAY, APRIL 20, 2004 6:00 P.M. The regular meeting of the Vail Town Council was called to order by Mayor Rod Slifer at approximately 6:05 p.m. on Tuesday, April 20, 2004. Councilmembers present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-tem Diana Donovan Farrow Hitt Greg Moffet Kim Ruotolo Staff members present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Michelle Hall, a candidate for the Vail Recreation District (VRD), approached the podium to introduce herself and talk about her interest in running for that board. She was followed by Rick Sackbauer, Eagle River Water and Sanitation District (ERW&SD) Chair and Boardmember, who discussed the proposition questions that would be posed to Vail voters at the May 4th special district election. He encouraged Vail voters to call their customer service line directly at 476-7480 with their individual property assessment available so a representative could calculate the individual cost of the ballot question to each. Next, Scott Proper announced he, too, was running for one of two seats on the VRD. The second item on the agenda was Village Steetscape. At this point, all members of the Vail Town Council donned construction hard hats representative of the streetscape kick-off the day before. Scott Bluhm, the streetscape coordinator, said as of April 26, the Covered Bridge entrance into the Village would be closed for construction until May 12, during which time, courtesy golf carts, on loan from the Vail Valley Foundation, would be chauffering guests more easily into the Village. He also welcomed business owners, residents and the public to attend the weekly Thursday 9:00 A.M. meeting at the Christiania to gain further detail about the progress of the project. The third item on the agenda was The President's Volunteer Service Award. The President's Volunteer Service Award, which is a recognition program for those who contribute a significant amount of time to volunteers, was presented to: Jeff Bey, Kyle Cureau, Frank D'Alessio, Michelle Hall, Werner Kaplan, Gilda Kaplan, Dave Luke, Jane Schmoll, Mabel Selak, Dick White, and Charlene Zent. Dwight Henninger, Police Chief, pointed out these volunteers had contributed over 3,000 hours of service, at a cost savings to the town of $55,000. Additionally, programs such as the ski and snowboard registration, under their oversight, has resulted this year in a 50% reduction in thefts. For more information, contact Dwight Henninger 479-2218. The fourth item on the agenda was The Mauri Nottingham Environmental Quality Award Mauri Nottingham, the individual credited with starting the recycling program in the town, gave a brief overview of the program, stating the award was not his award but just used his name, which he'd reluctantly agreed to allow. Recycling started on a very small • ,] basis at Safeway in 1989, with the town contributing dollars up until 1996 when BFI took the program over. The award currently is promoted by the Eagle Valley Alliance for Sustainability and the Town of Vail. The first award in the Business Organization Category was presented to the Eagle Valley Library District for their efforts toward environmental education, waste reduction and recycling. The second award from the Individual Category was presented to Tom Page for his work with the Eagle Valley Land Trust and the Eagle River Watershed Council in securing a conservation easement, the first one purchased in Eagle County, for Taylor Hill. --Update on the Vail Conference Center. The fifth item on the agenda was Update on the Vail Conference Center and a request to move forward with recommended next steps for the center. Rod Slifer introduced the item commending all the effort that has gone into the project by the Conference Center Oversight Committee. Dave Pease, General Manager (GM) for the Marriott and a GM for Marriot hotels for the past 32 years, responded to a question as to why or if the larger hotels would support such a facility. He said his hotel, along with the Vail Cascade Hotel and Spa, and as the two largest food caterers, would unequivocally support the conference facility because as we're successful with the conference center, that success would expand everyone else's markets. More rooms, currently unfilled in smaller lodges and hotels, would fill and we would be able to capture markets that we're currently turning away because we cannot provide adequate space for activities. Pease finished with a statement that as businesses become more successful, so does the town, and then thanked the town for its support. Merv Lapin, another member of the Oversight Committee, then addressed the Council regarding how to finance the facility, which • approach the committee was considering taking, and which investment banker would provide the best service. He said it should not be considered a slam dunk and reiterated the operations would assuredly lose money but through use of the appropriate financial structure and timeframe, no Town of Vail revenue would be threatened. The facility will stand alone, although, it will be a delicate balance. Working through the cash flow continues to be a delicate balance and there are still negotiations to be completed. And with the current feasibility of placing it on top of the LionsHead Parking Structure, yet another glitch has been placed into the formula. In regard to the investment bankers, Lapin stated the town would be working toward negotiating the best performance and coverage ratio relying on the HVS spreadsheets and would move toward issuing bonds prior to the '04 general election. The proforma they're developing will include the operational deficits, as well as the underwriting assumptions. Regarding the revenue bonds, Lapin concluded the town would not lend its full faith and credit and he expressed no doubt about the HVS assumptions. Slifer stated the two sources of lodging tax and increased sales tax dedicated to the conference center are currently generating approximately $3.3M annually so the financing assumption assumes no more than $2.7M will go toward principal and interest with the rest going toward paying off the operational deficits. Greg Moffet noted as collections continue, the fund balance will grow plus any interest or investments could add to the bottom line. Jay Rocha, GM for the Vail Cascade Hotel and Spa, stated he and his company believed in the project 110% and that his bookings have been outgrowing his facility, he wished to partner into the future, and to grow the off season through that partnership. Moffet moved, with a second from Dick Cleveland, to: 1) Authorize the committee to negotiate with both Kirkpatrick Pettis and Piper Jaffray on fees, insurance, and coverage ratios and to authorize the Town Manager to bring back a recommended contract to the Town Council for their consideration; 2) Evaluate further the financial implications of placing the conference center on the LionsHead Parking Structure, such evaluation to cost no more • • than $750 and which funding will come from the Conference Center fund balance; 3) Bring back to Council on either May 4 or 18 a recommendation for hiring an owner's representative; 4) Develop a strategy for engaging a design team in May; and 5) Develop an RFQ for a Design Team and request the Town Council issue an RFQ for design on May 18 or June 1. Diana Donovan stated she would not vote for the motion because she has the same concerns as earlier stated, that these hurried steps were merely a ploy to beat the interest rates, and that the town could not afford to have even one project go south. Michael Cacioppo, local editor and owner of Speak Out, asked the Council if there was any way they could lose and finally stated the cost of operations and/or loss of sales and lodging taxes were not all that risky. Russ Forrest, Community Development Director, said the bond insurance policy purchased would ensure a Triple A rating and a surety bond could be used to guarantee one year of debt service payment. Also factored in regarding diminishing sales and lodging taxes were a very conservative '04 and '05 and with these taxes rising slightly by '06. A vote was taken and the motion passed 5-1, Donovan opposed. The sixth item on the agenda was --Approval of Vail Village Streetscape hand rails and guard rails.Cleveland moved, with a second from Moffet, to table the item to the evening meeting on May 4. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was an Appeal of the March 3, 2004, Design Review Board (DRB) Decision. The DRB's approval with conditions of a proposal to build a new single family residence located at 1310 Greenhill Court/Lot 17, Glen Lyon, by the owner of Lot 24B, Glen Lyon, Barry Cunningham. Cunningham was represented by Attorney • Art Abplanalp. Cunningham stated three major objections to the project: 1) the size, which he stated was a 25% increase and the ugliness and unsightliness of the covered parking but open garage; 2) the project would take out all but one pine tree when the pine and aspen grove could provide a natural buffer and a 30 foot, as opposed to the current 23 foot, setback, would save the entire stand of trees; and 3) the circular driveway, and thus retaining walls, would take out additional trees. Abplanalp questioned whether the DRB had seen the map by Mauriello and argued this new information could have persuaded the DRB otherwise. He further stated that should the Council redefine GRFA, the open covered parking would then immediately be modified to interior space adding yet another 1200 SF to the residence, thus creating a 6,300 SF home. Also, the geologic study was not complete until March 25, following the review by DRB, and should the DRB have seen this document as well, they would have rejected the project and sent it back for redesign. Matt Mire, Town Attorney, reminded Council and the applicant that DRB does not review GRFA, although Abplanalp argued this assumption. Matt Gennett, Town Planner, stated the DRB had approved the floor plans as drawn, including elevations and the parking plan. George Ruther, Head of Planning, stated an appeal of the staff interpretation on GRFA should be heard by the PEC. Michael Lauterbach, contractor for the project, asked whether Dominic Mauriello was a surveyor or a planner, and then went on to say the house would have been moved up higher on the lot if it were not for the slope which would then be close to 60%. Rather than a concern on making maximum profit from the project, Lauterbach said the risk the entire structure would slide down the hillside was the primary concern. A certified arborist had offered an opinion that if the trees were not removed, based on the wind patterns, the trees could possibly be felled into the Cunningham home. Cleveland stated the residence was completely within the setback, the trees had been pointed out to the DRB twice, this appeared to be a use by right, and the project had gone through the process. If the candidate wanted to go back to PEC to review the GRFA issue, he would • • encourage it. Donovan stated she had issues with materials being presented after the actual DRB review, e.g., geologic study. A motion was made by Moffet, with a second from Cleveland, to uphold the DRB's approval with conditions of the design review application for the Purchase residence, located at 1310 Greenhill Court/Lot 17, Glen Lyon Subdivision, in accordance with Sub-Section 12-3-3C.5, Vail Town Code, and the following finding: "That the DRB dililgently followed the appropriate regulations and procedures for a design review application in the case of the proposed Purchase Residence and their findings of fact support conclusions that the standards and conditions imposed by the requirements of the Title 12, Zoning Regulations, have beeen met as presented in each of staffs responses to the appellant's stated issues, as listed in Section V, pages 2-5 of this memorandum, dated April 20, 2004, to the Vail Town Council. Gennett stated still due was a full geo-tech soils study, while Farrow Hitt suggested the privacy issue could be resolved through landscaping. Cleveland reiterated his past concern that too many approvals from the town's boards are including too many conditions. A vote was taken and motion passed 5-1, Donovan opposed. For more information, call Matt Gennett at 479-2140. The eighth item on the agenda was an Appeal of the March 8, 2004, Planning and Environmental Commission (PEC) Decision. The PEC's approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen lyon Subdivision and Unplatted Parcels. This variance request was associated with Vail Resorts Development's snowcat access relocation proposal. George Ruher stated there was no DRB approval yet and the issues at hand were reducing the height of the wall and • screening it. Tom Braun, planner for the applicant, stated the water district had limited opportunities regarding techniques used and that terraces would cause further impact horizontally. The landscape plan would include Blue Spruce, Douglas Spruce and Lodgepole Pine on the down hill side to further mask the retaining wall. Donovan asked the applicant to start the wall further to the east by the concrete wall of the pumphouse, and to build the bridge straight, in order to save a stand of trees. Gary Brooks, with Alpine Engineering, said their team had worked toward minimum grading impacts. Slifer suggested no Lodgepole be included in the mix due to pine beetle but was told newer trees were more resilient. Cleveland stated concerns about the west wall from Vail Pass to Copper Mountain and what a huge intrusion it was, so even if the project is vegetated, in the winter the contrast becomes most noticeable, and also stated, he would be surprised if DRB would approve it. Hitt asked about all the leaching through the current retaining walls, observing the white would look terrible. He also did not like having four bridges within 100 yards of each other, and that the visual impact on an area previously seen as open space would leave a negative impact. Jim Lamont, Vail Village Homeowner's Association, supported the alternate access up the mountain and said the relative merits of the criticism should be balanced against having the snowcats on- mountain, the fueling facility on-mountain, and with the recent removal of so many trees due to the beetle kill, camouflaging would be more difficult. But what was a better solution? He stated the stair step walls with mitigation would equally share the burdens and benefits with both neighborhoods, so he urged patience and not to throw years of work out at this point. Mire once again asked Council to consider a narrower consideration which was the wall height variance. Jay Peterson, attorney for the applicant, stated that amulti-tiered wall would end up as a huge amount of site disturbance because the mitigation would end up being low-lying shrubs and not trees, e.g., no tall landscaping. • C, Art Abplanalp, now representing five families on Forest Road, stated Vail Resorts deserved a great deal of credit, they had worked hard to identify the issues, and urged the Council to move forward to solve this long-standing problem. Slifer agreed this would reduce the major impact for the homes and families along West Forest Road, and that the visual impact would be a fair trade-off for the wall height. Ruther added this was but one of several procedural items through which the project would have to pass. Mire stated the Council, as an option, could also remand the PEC's approval back to their board for their reconsideration. Hitt then moved, with a second from Cleveland, to overturn the PEC approval, based on the variance criteria, which had not been met, specifically: 1) That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 2) The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Donovan asked for clarification of the Spraddle Creek retaining walls and was told they were Gabian Walls with traditional landscaping. A vote was taken with Cleveland and Hitt voting for the motion, and the remaining four against. Thus, the planning commission approval stood The ninth item on the agenda was the Supplemental Appropriations Ordinance. Ordinance No. 7, Series of 2004, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and the Marketing Fund of the 2004 budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Diana Donovan requested • confirmation that funding for the additional police officer for the 1-70 noise education and enforcement program had been addressed as requested upon first reading. The funds for this program have been moved from the Capital Projects Fund to the General Fund. Greg Moffet moved and Dick Cleveland seconded a motion to adopt the ordinance as read, including changes made after first reading. The motion passed unanimously (6 to 0). For more information, contact Judy Camp 479-2119. The tenth item on the agenda was 2nd reading of Ordinance No. 11, Series of 2004, an ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., a subterranean portion of Hanson Ranch Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing." At this point, Moffet moved, with a second from Ruotolo, to adjourn to a spontaneous executive session, based on the subject title just read, P-3 Development, under the C.R.S. cite 24.6.406, 4(b)(c). Lamont asked whether procedurally there would still be an opportunity for public comment and was told there would be. A vote was taken and the motion passed unanimously, 6-0. The Council reconvened, at which time Moffet moved to table Item #10 to May 4, with a second from Ruotolo, and stated there would be opportunity for public discussion at that time. A vote was taken and the motion passed unanimously, 6-0. The eleveth item on the agenda was Resolution No. 15, a Resolution adopting the correct version of the CIRSA bylaws and intergovernmental agreement and repealing any and all resolutions inconsistent. John "JP" Power, Human Resources Director, stated CIRSA had sent incorrect bylaws and that the dates of the annual meeting and terms of directors were incorrect. Moffet moved, with a second from Ruotolo, to approve Resolution 15. A vote was taken and the motion passed unanimously, 6-0. CJ • • The twelfth item on the agenda was Resolution No. 16, a Resolution approving the P-3 Development agreement (the "Agreement") between the Town of Vail (the "Town") and Vail Associates Holdings, Ltd., a Colorado Corporation ("Vail Holdings"), which agreement pertains to the development and respective rights and responsibilities of the Town and Vail Holdings in relation to the development site owned by Vail Holdings and consisting of Lot P-3, Vail Village Fifth Filing, and an adjacent vacated portion of Hanson Ranch Road right-of-way. Moffet moved to table to May 4 on advice of Counsel, with a second from Ruotolo. A vote was taken and the motion passed unanimously, 6-0. The thirteenth item on the agenda was the Town Manager's Report. Moffet moved, with a second from Hitt, to enter into the Memorandum of Understanding (MOU) with the Division of Corrections, as amended (no monetary support would be expended, only staff support), to cut and stack, 6-0. At this point, Cleveland, through advice from a citizen, suggested re-wording the message on the VMS from "Don't Race Through Vail" to "Slow Down and Enjoy Vail" would be more user-friendly, as well as to add the actual speed limit to the sign. Bill Jewitt, from Bart and Yeti's, added the VMS should be installed on the "on" ramps for drivers to observe as they started down I-70 rather than ending their drive. There being no further business, the Council adjourned at 9:00 P.M. /: ~~~ Rodney E. Sli#er, Mayor ` ~, f ~~~~2,~--- /Lorel i Donaldson, Town Clerk .~ O: E- ; ~~ CO~OJ~ 4-^ • • Vail Town council Evening Meeting Tuesday, May 4, 2004 6:00 P.M. TOV Council Chamber The regular meeting of the Vail Town council convened at approximately 6:00 p.m. on Tuesday, May 4, 2004. Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana Donovan, Greg Moffet Not Present: Farrow Hitt Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was none. • 2. The second item on the agenda was an update on the Village Streetscape project. Public Works Director, Greg Hall, announced that the project was proceeding as planned with no unanticipated problems, and that anticipated completion would occur on or around June 19, 2004. Mayor Slifer requested that town staff continue to provide reports of what groups of visitors might be in town, and what businesses remained open. 3. The third item on the agenda was the Consent Agenda. Ruotolo requested that the minutes from the Tuesday, April 15, 2004 special meeting reflect the appropriate start time of 4:00 p.m., and Donovan had a minor addition to the minutes from the April 20, meeting. Moffet moved, Cleveland seconded, passed unanimously, 6-0. 4. The fourth item on the agenda was an update on the Vail Conference Center and request to move forward with negotiation to hire an owner's representative for the Conference Center. Russ Forrest provided a report, focusing on rising interest rates and the subsequent impact upon dollars that can be used for construction. Forrest also announced that ARC and Western Skies have been selected as the two finalists to serve as Owner's Representative on the project. Forrest stated that interviews with the firms would take place on Friday, May 7, at 2:30 in either the Community Development Conference Room or the Town Council Chambers. Moffet moved and Logan seconded, to authorize the Town Manager to select and hire one of the two firms as recommended by the committee, for a sum up to $10,000. Motion passed 5-1, with Donovan voting against. CJ • 5. The fifth item on the agenda was a discussion on the formation of a Capital Committee. Zemler provided a description of how he would envision the process working. Council agreed to move forward with the formation of the Committee. 6. The sixth item on the agenda involved a discussion of whether the TOV would join the I-70 Central Mountain Transportation Corridor coalition. Moffet asked if an elected official would be needed to act as a representative. Hall stated that an elected official carries more weight than a staff member. Moffet volunteered to serve as the TOV representative. Moffet moved, Ruotolo seconded. Motion passed, 6-0. 7. The seventh item on the agenda was a presentation on the TOV's Wildfire Preparedness. Zemler announced that on May 17th, a table top wild fire (mock exercise) would be performed to assist in preparing TOV emergency responders. Gulick explained fire threats to Vail, and what Vail is doing to protect itself from such events. 8. The eighth item on the agenda was an update on the TOV West Nile Public Information Program. Bill Carlson discussed the history, potential risks, and basic prevention measures that can be taken to help stop the spread of the disease. 9. The ninth item on the agenda was the discussion of a proposed utility easement along the earthen berm on I-70 in East Vail. The easement allows water line • relocation to complete the earthen berm along the north side of I-70 in the Bald Mountain Rd vicinity. Moffet moved, Ruotolo seconded, the authorization of the neighborhood to move forward with negotiations to create a utility easement along I-70 not to exceed twenty feet in width. 10. The tenth item on the agenda was Resolution No. 16, a Resolution approving the P3 Development Agreement between the TOV, and Vail Holdings, a subsidiary of Vail Resorts Inc. The agreement pertains to the development and respective rights and responsibilities of the Town and Vail Holdings in relation to the development site owned by Vail Holdings and consisting of Lot P3. Zemler stated that staff supported the resolution and recommended that Council move forward. The consensus that the TOV needs to improve loading and delivery plans dominated the discussion. Paul Johnston, owner of the Christiania Lodge on Hanson Ranch Road and Jim Lamont of the Vail Village Homeowners Association appeared before the Council to offer support for Council's approval, noting that an interim plan for loading and delivery, which includes the addition of a part-time Code Enforcement Officer to be funded by Vail Resorts, is far better than the status quo. Council voiced much concern regarding the continuation of development and the finalization of the Vail Front Door project. Jay Peterson, legal council for Vail Resorts, continually reiterated that a hard commitment was not possible because the project hinge on a United States Forest Service decision. Sally Johnston, of the Christiana, also voiced concern for the safety and experience of people walking down Hansen Ranch Road. Adam Aaron, Vail Resorts Inc., announced that $300 million in real estate • construction would occur in Vail over the next 36 months, and asked for Council approval. Mire, addressed the matter of Slifer purchasing two stalls in the 2 proposed garage. Mire stated that he had determined there was not a conflict of interest pursuant to state statute or town charter. The only issue would be impartiality. Mire asked Slifer if, despite interest in the project, could he still perform his duties as a public official and remain impartial in this decision. Slifer answered yes to both questions. Moffet moved, and then amended the motion, Logan seconded. Motion passed unanimously, 6-0. 11. The eleventh item on the agenda involved the 2"d reading of Ordinance No. 11, Series of 2004. No discussion occurred. Moffet Moved, Logan seconded. Motion passed unanimously, 6-1. 12. The twelfth item on the agenda was Adjournment. Moffet moved, Ruotolo seconded. A vote was taken and the motion passed unanimously, 6-0. Rodney`Slifer, M~ior O.rIN.OF~ '~ ~ ' '•~c r ,: EAL . ~,; ~ ~~ ore i Donaldson, Town Clerk Minutes taken by Corey Swisher. • .:'`, .~ • Vail Town council Evening Meeting Tuesday, May 18, 2004 6:00 P.M. TOV Council Chamber The regular meeting of the Vail Town council convened at approximately 6:00 p.m. on Tuesday, May 18, 2004. Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana Donovan, Greg Moffet Not Present: Farrow Hitt Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was the presentation of the Town of Vail Youth Recognition Award and the Vail Youth Ambassador award. Mayor Rod Slifer presented the Vail Youth Recognition Award. Jenna Tjossem of Battle Mountain High School and Sylvan Ellefson of Vail Mountain School will each receive $1000 awards. The award is based on scholastic achievement, success in the arts or athletics, as well as exhibiting sound • citizenship. The Vail Youth Ambassador Award winners were also announced. McClees Stephens of Battle Mountain High School and Patrick Scanlan of Vail Mountain School will have the opportunity to live with host families in Australia for six weeks. The town provides round trip air fare, housing, a job, as well as $500 in expense money. The second item on the agenda was Citizen Participation. There was none. The third item on the agenda was a Village Streetscape Update. Greg Hall, Public Works Director, announced that Lower Bridge Street would be gravel by the end of the week and will be ready by Labor Day. Hall also stated that P3 construction would begin on 05.19.04. The fourth item on the agenda was a Conference center Update. Community Development Director, Russ Forrest, announced that an Owner's Representative contract was given to ARC. The Town Manager is subsequently authorized to spend up to $10,000 for ARC's services for the first phase of the project. The fifth item on the agenda was new appointments for the Vail Local Licensing Authority and the Vail Local Housing Authority. - New Appointments Vail Local Licensing Authority (VELA), Two year term Candidates: Robert Rothenberg Kaye Ferry • Moffet moved, and Hitt seconded, for the appointment of both Kaye Ferry and Robert Rothenberg to the VELA. Motion passed unanimously, 6-0. • - Vail Housing Authority (VLHA) Candidates: Thomas Dubois Tom Gorman Ethan Moore John Schofield Brandmeyer announced that Connie Knight withdrew herself from consideration for the VLHA. Cleveland moved, Ruotolo seconded, for the appointment of Ethan Moore to the VLHA. Motion passed unanimously (6-0). The sixth item on the agenda was Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple -Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) zone districts, and setting forth details in regard thereto. John Schofield (former PEC Chairman) provided an overview of the Planning and Environmental Commission's (PEC) review process and its recommendation for the proposed amendments to the GRFA regulations. He also recommended the Council consider a joint work session with the PEC to discuss the details of the proposed GRFA amendments. Ed Zneimer spoke in support of the modifications to GRFA. He based his opinion on several points, including the changing needs and demands of present and • future Vail residents. John Neilsson and Ann Louthan also spoke in support of the proposed GRFA modifications. Jim Lamont, Vail Village Homeowners Association, concluded the public comment conversation. He noted that the Council's GRFA discussions have focused primarily on single-family and duplex homes, and he voiced concern that further discussion is needed to consider the impacts of the proposed amendments on multiple-family homes. Greg Moffet moved to approve, on first reading, a modified version of Ordinance No. 10, Series of 2004, that would only apply to the Single-Family, Duples, and Primary/Secondary zone districts. Kent Logan seconded the motion. The motion failed by a vote of 3-3, with Logan, Moffet, and Slifer in favor and Ruotolo, Donovan and Cleveland against. Council members Ruotolo, Donovan, and Cleveland expressed their desire to resolve all questions and issues related to the specific language of the proposed ordinance prior to approval of the first reading, rather than resolving those specific issues between first and second readings. The Council voiced its unanimous support for the general policy direction of the proposed GRFA amendments. Kim Ruotolo moved to table the first reading of Ordinance No. 10, Series of 2004. Diana Donovan seconded the motion. The motion passed by a vote of 5-1, with Slifer opposed. The seventh item on the agenda was a request for Town Council to approve the execution of three easements to facilitate snowmaking on Vail Mountain and the creation of a bridge. The applicant voluntarily withdrew a request for the bridge easement, but requested easements for both the vault and the waterline which were granted. Moffet moved, Cleveland seconded. The motion passed unanimously (6-0). • The eighth item on the agenda was the request for approval of guard rails and handrails to be used in the Wall Street streetscape redevelopment. Leslie Pickling, Arts in Public • Places Director, and Project Manager, Todd Oppenheimer displayed examples of the aforementioned accoutrements. Cleveland moved, Moffet seconded. The motion passed unanimously (6-0). At this time, Councilman Farrow Hitt joined the meeting. The ninth item on the agenda was a request for approval for Earl Eaton Plaza Playground design. Pickling and Oppenheimer displayed and explained the proposed art to be used as well as an overall site design explanation. Donovan and Cleveland expressed displeasure with the deviation from the original park design, specifically the use of water features, and requested that staff reevaluate the proposal. The tenth item on the agenda was the Town Manager's Report. Greg Moffet moved and Farrow Hitt seconded the approval to send a letter to the Eagle County Commissioners in support of Bair Ranch Open Space Preservation, a vote was taken. Council also asked Zemler to come back with an acceptable or different proposal regarding Council Packet distribution. Council was reminded of an upcoming Battle Mountain High School Awards Presentation on May 20, 2004. The meeting adjourned at 9:00 pm. ~~ p`Nµ...F 1 Rodney E. Slifer, Mayor '~:' ~~ ~ SEAL ~. n ••. .~ Lorel i Donaldson, Town Clerk Minutes taken by Corey Swisher. • VAIL TOWN COUNCIL EVENING MEETING 6:00 P.M. TUESDAY, JUNE 1, 2004 The regular meeting of the Vail Town Council was called to order at approximately 6:00 by Mayor Rod Slifer. Council members present: Staff members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Kim Ruotolo Kent Logan Diana Donovan Farrow Hitt Greg Moffet Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was the I-70 Sinkhole: One year Anniversary, Update and Review. In remembrance of the hard work exhibited by multiple Vail Valley, Eagle County and State emergency and maintenance crews, a presentation outlining the 2003 incident was given. The incident caused over $2 million in damage to public and private property as emergency responders worked more than 18 hours to contain the flooding. The one-year anniversary proved an opportunity to commemorate the community's response, review lessons learned, and to thank the community and participating agencies for their outpouring of support and cooperation. The second item on the agenda was citizen participation. There was none. The third item on the agenda was the consent agenda. Dick Cleveland moved, Moffet seconded to accept minutes from the 05.04.04 and 05.18.04 meetings. Cleveland did amend item 9, 05.18.04, clarifying that Donovan and Cleveland approved of the use of water features, however, did not like deviation from original plan.. Motion passed unanimously, 7-0. The fourth item on the agenda was an update on the Vail Conference Center and a request to move forward with the following requests, Authorization to engage Piper Jaffray as the town's Investment Banker on the conference center. 2. Authorization to issue a Request for Qualifications for design team assistance on the conference Center 3. Request to move forward with a negotiated guaranteed maximum price process for engaging design and a general contractor. This essentially means that both the architect and general contractor will work for the Town of Vail. 4. Request for the Vail Town Council to approve the next phase of an owner's representative contract. The preconstruction phase of the contract would cost up to $155,774. However, the Conference Center Advisory Committee is only requesting $93,212 (Includes fees and reimbursables) to fund this function until a decision is made by the Council on whether to issue bonds, which is anticipated in the November/December 2004 time frame. Logan moved, Moffet seconded, motion passed, 6-1, with Donovan opposed. The fifth item on the agenda was a streetscape construction update. Scott Bluhm, streetscape Project Coordinator, announced: - Most of Lower Bridge street had been paved; - Wall Street deck, and restroom deck was poured and was in place; - formation of the fountain pools has begun; - pavers and snowmelt will go on restroom deck by the end of the week; - the construction contractor will cease work on noon on Friday in order to facilitate the TEVA games. Gore road will be smoothed out, although not pave; - last day of heavy construction will be June 19, 2004; - construction costs were as anticipated with minor exceptions. Mayor Rod Slifer, continued that he believed that the construction progressed as smoothly as anyone could have anticipated. The sixth item on the agenda was out of cycle council funding requests. - Red Sandstone multi-use recreation facility Zemler, reported that that through intergovernmental cooperation and shared vision, funding has been secured for an indoor multi-purpose recreational facility. Project funding partners: $380,000 Eagle Valley Water & Sewer $150,000 Town of Vail $100,000 Town of Vail (convert to cash) $250,000 Vail Resorts $150,000 Eagle County School District $65,000 Eagle County School District (Parking Lot Improvements) Total $1,095,000 Moffet moved, and Ruotolo seconded the motion. The Town Council subsequently approved the following with a 6-1 vote, with Logan dissenting. - Authorize the Town Manager to execute a promissory note with the VRD for $400,000 to be repaid at a rate of $40,000 per year over aten-year period. An additional payment of $6,000 annually will be committed to a major maintenance fund. - Authorize the Town Manger to enter into a contract with Viele Construction for an amount not to exceed $1,221;000 for construction of the facility. - Authorize a total budget of $1,475,000 to be added to the Capital Projects Fund. $500,000 will be transferred from the General Fund to the Capital Projects Fund with the remainder coming from other project contributors. - Authorize the commitment of up to $100,000 cash from the Capital Fund as a substitute for the originally proposed TOV in kind support. Lynn Fritlen, Fritzlen Architects, Rick Sackbauer, Eagle Valley Water & Sanitation, Tom Fry, Linda Haverson, Ellen Foster, Gay Stanke, Mary Ann Baker, Nancy Stevens, Connie Kincaid Strong, Eagle County School District Board Member, Mike Ortiz, Vail Recreation District spoke in favor of approving and continuing the project. The seventh item on the agenda was consideration of approval of Viele construction as low bidder for the Red sandstone multi-purpose recreation facility. Moffet moved, Ruotolo seconded, motion passed unanimously, 7-0. The eighth item on the agenda was a request authorizing the Town Manager to execute an easement with Vail Resorts to allow for the construction of new bridge on a portion of Tract K, Glen Lyon Subdivision and the unplatted parcel of land located directly to the east of Tract K. Jay Peters, Vail Resorts, spoke in support of the project. David Strahmsborg, requested that the town or Vail Resorts provide and overlay to provide a clearer visual representation of the impact of the project. George Ruher, TOV Community Development and Peters verified that they would accommodate the request. Cleveland moved, Logan seconded, motion passed 6-1, with Hitt dissenting. The ninth item on the agenda was Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS). The amendments to these three zone districts represent the first phase of the Council's plan to amend the GRFA regulations in all of the town's residential zone districts. The most significant changes to the Town's GRFA regulations in these zone districts include: converting the GRFA calculations methods to simple ratio type formulas, measuring GRFA from the outside of an exterior building wall, repealing the "250" and "interior conversion" GRFA bonus provisions, counting vaulted spaces as GRFA, deducting basements from the GRFA calculations, and adjusting the residential parking requirements. Lyn Fritlen, Fritzlen Architects, spoke in support of not including all homes, and further encouraging Council to more closely adhere to Universal Building Code standards. Vicki Pearson, Larry Esquith, John Wilson, Steve Riden, John Schofield, spoke in support of the ordinance. Jim Lamont, Vail Village Homeowners, also encouraged Council to move forward. Moffet moved, Logan seconded. Motion passed 6-1, with Donovan dissenting. The tenth item on the agenda was the Town Manager's Report. Zemler provided the following correspondence to Council. - Verbatim Book Sign Code It was reported that town staff had met with interested parties and continues to work toward a resolution. - Expenditure explanation for Pro-Cycling Tour event Council reviewed an outline of scheduling and funding history for the now cancelled Pro- Cycling Tour Event. - Berry Creek Sports Complex Feasibility update It was reported that at the direction of Eagle County Board of Commissioners, Ballard, King and Associates, Recreation Facility Planning and Operation Consultants, Denver Colorado, have undertaken a feasibility study for an indoor recreation center to be located in the Berry Creek area of Edwards. The study, expected to be completed in the fall of 2004, will include an inventory and needs assessment of recreational facilities located within Eagle County. The firm has also begun collecting input from various taxing jurisdictions that are recreation providers located within the Vail Valley. Open forums for the public to add input are also planned. In a meeting with the consultant on May 21, staff stated the town would not be interested in seeing any duplication of services currently provided by other recreation providers, e.g., Town of Vail, Town of Avon, Town of Eagle, Town of Gypsum, Vail Recreation District, or Western Eagle County Metropolitan District, to name a few, nor would the town want facilities constructed that actually eroded, compromised, or otherwise competed with facilities these communities have used their own town-specific revenues to construct, maintain and staff. As an observation, staff added the addition of the athletic fields seemed an appropriate recreational use in that the other communities did not have the acreage available to add more fields to their current inventories. County dollars should be used toward facilities that do not currently exist in the county. - Intergovernmental agreement with the State of Colorado Council approved an Intergovernmental Agreement (IGA) for Emergency Management Services. The IGA formalizes the existing mutual aid and regional mobilization systems to send or receive aid in the event of a disaster or critical incident. The State has indicated that future Homeland Security grants may require that this document be signed and filed with the State before funds can be approved for a jurisdiction It was reported that over seventy-five Colorado jurisdictions had already signed the agreement. Moffet moved, Ruotolo seconded, motion passed unanimously 7-0. - 2004 Vail Valley Athlete Commission It was reported that on May 14th, 2004, the Vail Valley Athlete Commission met to discussion funding requests for the spring/summer/fall of this year. This commission has been operational for the last ten years, with the joint funding partners of Vail Resorts, Inc. (VRI); Beaver Creek Resort Company (BCRC); Vail Valley Foundation (WF); and the Town of Vail (TOV). The partners have tried unsuccessfully over the past years to include the Town of Avon and Eagle County. Because of economic factors, contributions from both VRI and WF have been reduced from $10,000 annually to meet the contributions from BCRC and the town. In script, you will find the funding allocations as agreed to by the partners for the summer program. In budget cuts from two years ago, the town's contribution was pared down five percent to follow other allocations across the board. - Information Signs at Village Information Center Council was reminded of aCouncil-generated request to make improvements to the signs at this information center at a meeting last in the fall of 2003. WCTB, the current contractor for services, set about getting bids to upgrade the signs on the exterior of the building. The final bid came in around $8,000, but also required a several thousand dollar electrical upgrade for its back-lighting, at which time Council directed staff to get involved due to the complications and funding issues. Staff ended up making the signs currently installed, and altogether, was able to accomplish this for approximately $600, both labor and materials. In a meeting earlier in the week, the staff at the center commented they were very pleased with the outcome. - Update on private contributions streetscape development Zemler reported that private development continued in the downtown area. At the request of Council, Zemler, stated that he could return to Council with more specific detail. The eleventh item on the agenda was adjournment. Moffet moved, Hitt seconded, motion passed unanimously, 7-0, at approximately 9:00 p.m. ~~~~~ ~ ~ V~ N OF Rodney Slifer, Mayor p .,,,,,,,_ ~ :SEAL :. ~--~ c°t o~-oo 6.~relei..~onaldson, Town Clerk Minutes taken by Corey Swisher. VAII TOWN COUNCIL EVENING MEETING TUESDAY, JUNE 15, 2004 6:00 P.M. TOV Council Chambers The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, June 15, 2004. Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana Donovan, Greg Moffet, Farrow Hitt Staff Members Present: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Royce Cook, a visitor from Wichita, Kansas, described an incident that had happened to him while visiting the Vail Library in which a police officer was ultimately dispatched to escort Cook outside. The disagreement occurred when Cook attempted to retrieve a disk that had gotten stuck in a library computer, ignoring the staff's request to wait for a technician to handle the problem. Cook went on to ask the Council to reverse the library director's decision to expel him from the building during the remainder of his stay. Representing the Meadow Drive merchants group, Rick Scalpello expressed concerns about the town's responsiveness to suggested design modifications as well as the timing of the Meadow Drive streetscape project. Scalpello asked that the Council-based Vail Village streetscape Design Committee be reconvened to come up with a plan that would give the Meadow Drive project as much equity and attention as the Village streetscape project. Paul Rondeau expressed concerns about the decision-making process for the Vail Conference Center, cautioning the Council to take the time it needs to make informed decisions. The second item on the agenda was a streetscape Update. Greg Hall reported that the Town is entering the final two weeks of the streetscape project. Hall also stated that the deck for Vendetta's was complete, except for railings. Hall reported that the town would continue to work through 06.25.04. Hall finished by reporting that additional work on smaller, non-disruptive projects may continue throughout the summer. The third item of the evening was a request from the Conference Center Oversight Committee to: - Approve the proposed process for engaging the public in the design team selection process. - Selection criteria for request for proposals. - Consideration of proposed process constraints. Jl - Review of updated project budget and interrelated parking costs. - Consideration and review of the major points of the proposed scope of service in a request for proposals for design services (to be given to the top 3-4 teams selected in the qualification competition. Prior to a vote being taken, Community Development Director Russ Forrest announced that over 60 design firms had expressed interest in responding to the town's request for qualifications. Forrest also explained a project flowchart, outlining project progress and future expectations and necessities. In response to several inquiries from Council, Forrest announced that special attention would be paid to the analysis of the parking requirements of the project. Jim Lamont, Vail Village Homeowners, complemented council on their management of the conference center project. Lamont went on to encourage Council to err toward creativity when making a final project design selection. Moffet moved, with Logan seconding. Council voted 6-1 (Donovan opposed), to approve a motion to take the next steps associated with development of a conference center as recommended by the Conference Center Oversight Committee. Those steps include: 1) a process for engaging the public in the design team selection process; 2) selection criteria for request for proposals for design; and 3) process givens. The fourth item on the agenda was an appeal of the Town of Vail Design Review Board's (DRB) approval of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11, and setting forth details in regard thereto. On May 5, 2004, the DRB had approved a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane. The appellant, Robert L. Kandell, MD, resident at 4259 Nugget Lane, appealed the DRB approval. Staff recommended that the Town Council uphold the DRB approval pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11, subject to the findings in Section VI of the staff memorandum dated June 15, 2004. Cleveland moved to uphold the DRB Approval, Moffet seconded, motion passed unanimously (7-0). The fifth item on the agenda was an appeal of the May 19, 2004 DRB denial of an application to build a new primary/secondary, two-family residence located at 2830 Basingdale Blvd. /Lot 5, Block 9, Vail Intermountain. On March 17, 2004, the DRB went on a site visit and performed a conceptual review of the applicant's proposal for a new primary/secondary residence on the subject property. At the time of the conceptual review, the DRB gave the applicant positive comments on the design of the proposed structure, but did not mention anything else having to do with the site or the applicant's proposal. On April 12, 2004, the Planning and Environmental Commission (PEC) conditionally approved a request by the applicant for variances from the front and side setbacks, and to have required parking in the front setback. On May 5, 2004, the DRB performed a final review of the applicant's proposal, which included another site visit, and informed the applicant they would not approve his application as proposed because it would cause the removal of several large, mature spruce trees on the site. The DRB stated the applicant would need to redesign his proposal in a manner that avoids the necessitated removal of the large trees in order to receive their approval. Mr. Cope protested, stating that he already tried to do so but could not, and reluctantly requested a tabling. On May 19, 2004, the DRB denied the applicant's proposal as originally r submitted. Moffet moved to overturn the Design Review Board's denial, Hitt seconded, the motion passed unanimously, 7-0. Cleveland, Donovan, Hitt and Logan expressed an interest to save the tree, however due to the property frontage layout; they stated that they understood why the tree needed to be removed. The sixth item on the agenda was the first reading of Ordinance No. 6, Series of 2004 - An Ordinance Amending Section 5-1-6, "Undesirable Plants," of the Municipal Code of the Town of Vail providing for certain amendments to comply with the Colorado Noxious Weed Act and setting forth details in regard thereto. The Council voted to approve first reading of an ordinance amending the town code to comply with the Colorado Noxious Weed Act. The ordinance identifies a list of plants that have been deemed detrimental to the town's environment. Donovan expressed concern that she believed several of the plants deemed "undesirable" in the ordinance, were not. Moffet moved, Ruotolo seconded. Motion passed 6-1, with Donovan opposed. The seventh item on the agenda was the second reading of Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) zone districts, and setting forth details in regard thereto. Community Development staff recommended Council make the following findings: That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Cleveland, Donovan, Moffet and Logan all agreed that any ordinance that was passed should include all residential property. Ruotolo emphasized that the ordinance should be equitable and more easily understood. Slifer disagreed, stating that he believed that recent efforts to pass the ordinance have convoluted the matter, and argued that no percentage of basements should apply to the GRFA determination formulas. Erickson Shirley spoke to Council, communicating the he believed PEC proposals haven't been properly or responsibly represented by town staff. Shirley went on to request that the PEC bring their own proposals to Council. Jim Lamont, Vail Homeowner's Association, emphasized that Council make a decision that is equitable, and encouraged Council to diligently continue on with the arduous process. Lamont finished by stating GRFA modifications would only encourage further reinvestment in town. After several other technical, and scenario based questions were posed by Council, Bill Gibson, Staff Planner, recommended that GRFA be tabled to the next regularly scheduled Council meeting. Council agreed, and directed staff to modify the ordinance to include a ~r proportional measurement calculation for basements and tighter definitions for crawl spaces in an attempt to apply the modifications to all residential zone districts. Moffet introductorily moved to approve Ordinance 10 on the Second reading, with Logan seconding. Motion failed 3-4, with Hitt, Cleveland, Donovan and Ruotolo opposed. Subsequently, Hitt moved to table the item to July 6, Logan seconded. The motion passed unanimously, 7-0. The eighth item on the agenda was the Town Manager's Report. - Channel 5 Update In separate conversations with Larry Brooks, Avon's town manager, and Brian Hall, with Channel 5, staff understands the following: Avon pays three percent of its five percent franchise fee, or $13,000 directly to Channel 5. Additionally, Comcast, in a "pass through" arrangement with the Town of Avon, pays $10,000 annually for equipment replacement. Brian understands Vail will pay its $10,000 contribution after an additional $10,000 has been fund-raised. Community Host Program Request for additional Parking Passes. The Vail Valley Chamber and Tourism Bureau (WCTB) provided a request for two additional parking passes for hosting one staff member, Friday through Sunday, September 10 through October 17, eight hours daily. This will provide the construction back up and directions that have proven so successful this spring in the Village Streetscape Program. Council agreed to authorize staff to distribute two (2) additional blue parking passes to support this ongoing program. - Three Neighborhood Picnics Scheduled Dates were announced for the town's annual neighborhood picnics. --Friday, June 25, Vail Village (Wall Street) --Thursday, July 22, Donovan Park --Thursday, Aug. 5, Bighorn Park The picnics will take place from 11:30 a.m. to 1:30 p.m. In the past, these gatherings have been a great opportunity to socialize with the neighborhood and to solicit comments and suggestions. Now that we have initiated a biennial process for the community survey (the next one scheduled for March 2005), the picnics will serve as an important feedback loop in lieu of the survey this year. - Request For Proposal (RFP) Distributed Stan Zemler distributed a draft document requesting proposals from design teams to help the town master plan atown-owned parcel in West Vail. The property was acquired by the town in 2002, with a fire station, affordable housing, and land-banking noted as possible uses. The ninth item on the agenda was Adjournment. Moffet made the motion to adjourn while Cleveland seconded. Motion passed unanimously, 7-0, at approximately 9:30p.m. /~~ ~~ Rodney Slifer, Mayor o~N.Op ~ ~,~ ..q~< •. ~~~ re 'Donaldson, Town Clerk f ` G~_ _s4' Minutes taken by Corey Swisher. ,~ VAIL TOWN COUNCIL EVENING SESSION TUESDAY, JULY 6, 2004 6:00 P.M. TOV COUNCIL CHAMBER The regular meeting of the Vail Town Council convened at approximately 6:05 p.m. on Tuesday, May 18, 2004. Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana Donovan, Greg Moffet, Farrow Hitt Staff members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Input. There was none. The second item on the agenda was the Quarterly I-70 Noise Mitigation Update. On December 2, 2003 the Vail Town Council directed town staff to pursue four areas of focus to mitigate I-70 impacts on a short-term and long-term basis with updates to be reported on a quarterly basis. The last quarterly update occurred on March 16, 2004 with reports on the four focus areas of education, enforcement, engineering and legislation. In this report, staff presented a summary of additional actions, including traffic enforcement, education, noise and speed measurements, as well as an analysis of temporary noise wall demonstration options. Staff requested Council to consider the following three items: 1) Direct staff to continue to pursue a temporary noise wall demonstration project with additional analysis on two possible approaches: a trailer alternative; and a noise wall panel alternative. Council ultimately directed staff to continue to pursue the temporary installation of noise wall panels along a test location in West Vail. The four-week test would be used to measure the effectiveness of permanent noise walls. The Council was presented with, a second option involving the use of tractor trailers parked alongside I-70 similar to temporary sound walls used on the T-REX project on I-25. However, the Council majority said the noise wall panels would better replicate the impact of a permanent solution. Next steps involve meeting with the West Vail neighborhood to explain the concept more fully and to request support; receiving approvals from the Colorado Department of Transportation and the Federal Highway Administration; as well as seeking participation from the Colorado Motor Carriers Association to help reduce the cost of the pilot project, currently estimated at $262,000, which includes an offer by Empire Acoustics of Trinidad, Colo., to donate 2,000 lineal feet of panels. Public Works Director Greg Hall said the noise test would be most effective if it could be implemented during afour-week period in August or September. 2) Authorize an expenditure of up to $60,000 from the Capital Projects Fund to purchase and install two speed control radar signs for installation on I-70. Council agreed not to pursue this option. 3) Authorize the Town Manager to continue with the alternative actions outlined in the Memorandum of Understanding between the Town of Vail and the Colorado Motor Carriers Association. Council directed the Town Manager to continue to pursue these options. In addition, other ideas offered during the discussion included a suggestion by Councilman Greg Moffet to conduct a site visit to learn more about, enforcement of highway noise violations and to put more teeth in the town's existing noise ordinance. Councilman Dick Cleveland suggested setting aside a pool of money to be used by private property owners to mitigate noise on their property. The I-70 update also included a report from Police Chief Dwight Henninger on the status of the department's traffic safety enforcement program, known as 65 Max. The third item on the agenda was a discussion of percentage guidelines for the General Fund Balance. Finance Director, Judy Camp, recommended that the town maintain as a target over the next five years, 35% of general fund revenue in the general fund balance. Camp reported that the town's General Fund balance has grown from $3.7 million or 21 % of revenue in 1999 to $10 million or 46% of revenue by year-end 2004. The budget guideline for the General Fund balance was 10% in 1999 and was increased to 25% for the 2001 budget. The guideline was established to assure that the fund balance is adequate to cover short-term fluctuations in revenues, emergencies, and planned future expenditures. Government Finance Officers' Association (GFOA) "recommends, at a minimum, that general-purpose governments, regardless of size, maintain unreserved fund balance in their general fund of no less than five to 15 percent of regular general fund operating revenues, or of no less than one to two months of regular general fund operating expenditures." This recommendation, of course, should be considered in the context of the particular government's own circumstances. The Town of Vail is heavily dependent upon a single source of revenue -sales tax, which contributes about 45% of all town revenue. Two other revenue sources, the ski areas admissions tax and the public accommodations tax, which add another 10%, are similar to the sales tax in that their revenue is concentrated in the five winter months and they are vulnerable to outside factors such as snow conditions, tourism, and the general economy. Another source of revenue that is generally considered more stable is property tax. Because of the Gallagher Amendment, however, the town has seen a reduction in property tax revenue and is likely to see additional reductions in the future. As the town enters into a period of intense redevelopment, near-term expenditures are expected to increase. Utilizing these considerations as a base for analysis, Camp emphasized that it would be prudent to carry a fund balance that is higher than the GFOA recommended minimum. Camp then suggested that an appropriate General Fund Reserve Balance target for the 2005 budget and five-year plan be established at 35%. Council approved of Camp's recommendation. The fourth item on the agenda was a public hearing on the Ice Dome. The ice dome facility is owned by the Town of Vail and has been operated by the Vail Recreation District for the past three seasons. However, recreation officials have indicated the district will not operate the facility for the 2004-05 season due to projected losses in the bubble's operations. In the past, the dome has received a conditional use permit to operate in a location just east of the golf course clubhouse from November to April. The facility is then placed in storage during the off-season. The bubble was acquired by the town in 2000 at the request of Vail Junior Hockey and other skating groups to offset scheduling conflicts at Dobson Ice Arena. In its infancy the bubble endured a lawsuit by neighboring homeowners who feared its presence would attract late-night noise and increased traffic. Following the recreation district's latest decision to forego operation of the bubble, the Vail Town Council was presented with three possible options for consideration. (1) Sell the bubble to the highest bidder. (2) Keep the bubble in storage for the next year to allow time for a demand evaluation for a second sheet of ice within the town limits. (30) Solicit a third party operator for the 2004-05 season. Craig Detton, John Tetstrum, Vail Junior Hockey Association, Merv lapin, Louise Funk, and Kate Gray all spoke in support of the bubble, or some fashion of a second sheet of ice in Vail. Many believed adequate practice times for junior hockey programs would be unavailable, and that non ice related events would interrupt Dobson Arena's value as a reliable winter sports facility. Scott Proper and Peter Cook, Vail Recreation District (VRD) Board members and East Vail residents, stated that now is not the time to put a second sheet of ice in Vail, and that another year of demand analysis is in order. Jerry Sibley stated that he believed the actual operation of the bubble in the past, was sabotaged by the VRD, and encouraged increased cooperation between the VRD and TOV. Christina Wyatt inquired as to who is responsible for promotion of the bubble and skating programs. Many council members responded that answers to Ms. Wyatt's questions were uncertain. Councilman Moffet questioned the need for a second sheet of ice and added that no empirical evidence existed to support such a notion. Councilmen Logan and Clevleand encouraged those in favor of more ice in Vail to continue with strategic planning and organization. Councilwoman Donovan suggested that the town should continue to store the bubble and supported further "ice demand" analysis. Mayor Slifer voiced that he would encourage the bubble being re-erected in Vail, and that interested parties should return, preferably no later than September, with a viable operating plan for the facility. Cleveland moved to continue to store the bubble, with Logan seconding. Motion passed 6-1, with Moffet opposed The fifth item on the agenda was a request by The Vail Conference Center Advisory Committee to approve the following: 1) Review the recommendation from the Committee on short-listing the design team candidates and to issue the Request for Proposals to the six recommended design teams. 2) Review and approve suggested changes to the design team selection process from the Committee. 3) Request permission to issue an RFP for a surveyor to survey the Lionshead parking structure site and surrounding area. The request was in accordance with the continuation of the following steps approved on June 15: 1. Approval of the proposed process for engaging the public in the design team selection process. 2. Selection criteria for request for proposals. 3. Consideration of proposed process givens. 4. Review of updated project budget and interrelated parking costs, and 5. Consideration and review of the major points of the proposed scope of service request for proposals for design services (to be given to the top three- fourteams selected in the qualification competition). The Conference Oversight Committee (sub-committee) unanimously recommended that Council approve the above mentioned requests. Paul Rondeau asked that the Council continue to support public involvement, make written requirements for the project publicly available, and follow specifically outlined milestones and checkpoints. Moffet moved, Cleveland, seconded. The motion passed 6-1, with Donovan opposed. The sixth item on the agenda was a Piney Lake /Forest Service Cut Update. Cal Wettstein, U. S. Forest Service (USES), announced that the USES is proposing a timber harvest using a commercial thinning prescription, of lodge pole pine in an area four miles northwest of Vail, near Freeman Creek. The primary access to this timber stand is via FSR700 Red Sandstone Road, the road to Piney Lake. Approximately 1,900 acres of timber will be harvested during an eight year period, between 2005 and 2012. Log trucks will be utilizing Red Sandstone Rd. and North Frontage Rd. for access to I-70, between June 1 and October 31. No hauling would occur on weekends or holidays. Flaggers and other safety measures will be in place during harvesting operations. Wettstein also publicized that if any interested parties would want observe the affected areas, the USES would help facilitate information and access. The seventh item on the agenda was a request for funding of Vail Classic Bicycle Ride on Labor Day Weekend. Arn Menconi approached the town to act as a sponsor for a Labor Day bicycle ride to cover the route locally referred to as the Leadville Loop. At a meeting on June 30, Kelli McDonald and Ian Anderson, of the Vail Local Marketing District Advisory Council (VLMDAC) agreed that if approved, the event would be incorporated into the marketing efforts for the timeframe of August 15 through September 15, which efforts were endorsed by Council at an earlier meeting forgiving a $50,000 working capital loan to the Vail Local Marketing District (VLMD). It was reported that the event would be expected to draw between 300 to 500 riders. It was subsequently reported that many event participants would spend at least one night in the Town of Vail. Sybill Navas and Ian Anderson, on behalf of the Commission on Special Events, indicated another bicycle ride honoring Brent Malin had been funded by CSE for $3,000 and that the producer of this event had agreed to combine his event with Menconi's proposed Labor Day ride. Navas and Anderson stated the CSE had $7,000 remaining in their '03 budget and indicated that other CSE board members were willing to earmark those funds for the Labor Day event. Navas also stated that she had canvassed the CSE, and that the board unanimously supported a total contribution of $10,000 to the event Scott Proper, Vail Recreation District Board member stated that the VRD would be willing to assist in event coordination. Moffet moved, Logan seconded. Motion passed unanimously, 7-0 to approve up to $15,000 for the now cancelled Pro Cycling Tour (PCTO in September '04. The eighth item on the agenda was the first reading of Ordinance No. 15, Series of 2004, and an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. At its June 28, 2004, public hearing, the Planning & Environmental Commission (PEC) reviewed a request to remove an existing condition of approval which prohibits the operation of "restaurants or similar food service operations" on the Austria Haus property. Upon review of the request, the Planning & Environmental Commission voted 5-1 (Dewitt opposed) to forward a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. 35. The PEC findings and recommendation are identified in the June 28, 2004, staff memorandum to the Commission. The Community Development Department recommended that Council approve Ordinance No. 15, Series of 2004, on first reading. Johannes Faessler addressed the Council and explained the history of the area and why the prohibition of restaurants was originally enacted. Moffet moved to approve Ord. 15, Hitt seconded. Motion passed unanimously, 7-0. The ninth item on the agenda was the First reading of Ordinance No. 16, Series of 2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an amended approved development plan for Special Development District No. 6, Vail Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel; and setting forth details in regard thereto. On June 14 and 28, 2004, the Town of Vail PEC held public hearings to consider a request for a major amendment to a special development district (SDD) pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Upon consideration of the request, the Commission voted 6-0 to forward a recommendation of approval of the request to the Town Council. In forwarding their recommendation, however, the Commission proposed several revisions to the conditions of approval. Community Development staff recommended approval of the Ordinance. Waldir Prado, property owner, and Tim Losa, project architect, addressed Council to help elucidate the scope and specifics of the project. Council requested staff look into appropriate mitigation for the loss of three parking spaces, and public improvements to replace the Crossroads sidewalk. Moffet moved, Ruotolo seconded. Motion passed unanimously, 7-0. The tenth item on the agenda was the First reading of Ordinance 12, Series 2004, An Ordinance amending Title 6, Chapter 3, of the Municipal Code of the Town of Vail; providing for certain housekeeping amendments to the Town of Vail Police Regulations: and setting forth details in regard thereto. After consultation with the Town Prosecutor, several housekeeping amendments were proposed to bring the Town's Police Regulations up to date and in further compliance with State Statutes. Cleveland moved to approve as read, but including changes suggested by Matt Mire, with Moffet seconding. Motion passed unanimously, 7-0. The eleventh item on the agenda was (a) Second reading of Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) Districts, and setting forth details in regard thereto. (b) First reading of Ordinance No. 14, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Jim Lamont, Vail Homeowners Association Representative, spoke in support of adoption on first reading, and encouraged town staff to work with the local press to explain in detail what the changes clearly represent. John Schofield, former PEC Chair, encouraged Council to consider a variance procedure. Council chose to table the second reading of Ordinance No. 10; and then reviewed and approved Ordinance No. 14 on first reading. Both Ordinance No. 10 and Ordinance No. 14 were scheduled for further review and second reading at the Town Council's July 20, 2004, meeting. Cleveland moved to approve with the addition of of Section 15, para. C, Hitt seconded. Motion passed 6-1, with Moffet opposed. The twelth item on the agenda was the Second reading of Ordinance No. 6, Series of 2004 - An Ordinance Amending Section 5-1-6, "Undesirable Plants," of the Municipal Code of the Town of Vail providing for certain amendments to comply with the Colorado Noxious Weed Act and setting forth details in regard thereto. Pursuant to CRS § 35-5.5- 101 et seq., the Colorado Noxious Weed Act, town staff developed a Weed Management Plan for those plants declared to be noxious weeds by state statute. The Ordinance also provides for other minor amendments to the Town Code to further comply with state statute. Moffet moved, and Ruotolo seconded. Motion passed 6-1, with Donovan opposed. The thirteenth item on the agenda was the Town Manager's Report. • ADA Compliance Zemler reported: that the town is ready to enter into a settlement agreement with the Department of Justice (DOJ) that allows for town facility modifications to be completed. As a part of the town's report, improvements to the Ford Amphitheater (owned and operated by the Vail Valley Foundation, WF) will coincide with the town's repairs. Town staff also re-scheduled maintenance projects in '04 to free up funding to complete approximately half of these repairs and will include line items in the '05 budget to complete the remaining work. Staff stated that they believe this will be completed on time, and with some refinements and negotiations along the way, under budget. Staff reported they had met with Dennis Stein, Jim Collins and Linda Alexander (attorneys for the Vail Recreation District, VRD) on Thursday, July 1, to discuss the separate report that was issued to the VRD. Negotiations on cost-share will continue. The DOJ, recognizing the VRD's issues are substantially more complicated and expensive to resolve, has expressed a willingness to enter into a much longer time negotiation with the VRD as long as both parties (the town and VRD) continue to hammer out the details and move forward in asolution-oriented manner. Moffet moved and Ruotolo seconded, to authorize the Town Manager to continue negotiations and enter into an agreement to remedy the ADA compliance issues as well as to move forward with a construction contract.. Motion passed unanimously, 7-0. • Eagle County Capital Projects Committee Zemler stated that following the fall election in '03 and during Council's committee and task force appointments discussion, Rod Slifer was appointed to the County Capital Projects Committee to fill Ludwig Kurz's former position. Since that time, Slifer has indicated that because of other commitments, he would be comfortable with the Mayor Pro-Tem, Dick Cleveland, serve on the committee in his stead. Moffet moved, to approve this action, with Ruotolo seconding. Motion passed unanimously, 7-0. • Update on Chamonix Property Master Planning Zemler reported that the Town has issued a request for proposals for the master planning process for the Chamonix property. Proposals are due to the town at noon on July 9. Zemler stated that he would like to form a subgroup to review the proposals. As envisioned, this subgroup would be comprised of two Council members, several neighborhood representatives and staff. It was decided that Cleveland and Ruotolo would be the Council representatives on the subgroup. • Donovan Pavilion Staff provided Council with a letter from Donovan Pavilion Management, Inc., outlining a change in internal structure as well as a set of promotional and marketing materials that had been produced by this company for the pavilion. • Transportation Zemler announced that the Rural Resort Region will convene its first meeting to discuss the IGA for the establishment of an I-70 Central MountainTransportation Corridor Coalition. The meeting will be held on Friday, July 16 in the Fremont Room of the Summit County Community and Senior Center, with Moffet attending. • Request to use Council Days at Dobson Zemler and Brandmeyer reported that the National Brotherhood of Skiers (NBS) will be bringing a group of 3-5,000 skiers to Vail from February 5-12, 2005 and that Dobson Arena will be used by the NBS as their registration headquarters for concerts and banquets. Vail Resorts has requested use of eight Town Council use days at the facility. The town's management agreement with the VRD allows for up to 10 days use from the time period of December 15 to March 14. The daily standard rental rate for the facility is $3,500/day. Day use given by the Council still requires hard costs be reimbursed to VRD that can run as high as $1,700/day (to include utilities, set up, tear down, staging, etc.). In the past, Council has not given more than one or two days of free use during this timeframe. In speaking with the VRD, the district has already displaced regular programming to accommodate this group. The NBS has been offered a contract but had not yet signed it. In the VRD's negotiations with the group, the district had offered a discounted rate of $3,500 for day 1, with the remaining 7 days at $2,500/day (with no additional costs for services, which because of the various set ups, will be extensive). Staff stated that they would continue to research solutions other than the one presented, that would more effectively serve as an incentive but would not undermine VRD's ability to generate revenue. Staff also indicated that they would continue to pursue mechanisms to offset certain costs with obtaining the facility. Council agreed that the town should continue to court the organization. • Vail Local Marketing District (VLMD) Working Capital Loan Zemler reiterated that the Board of the VLMD met on June 15th and authorized the redirection of $50,000 originally budgeted for marketing the Pro Cycling Tour toward a Front Range direct marketing campaign. Town Council had previously agreed that the Town would forgive $50,000 of VLMD's loan from the Town so that VLMD could fund the Pro Cycling Tour. Staff requested a motion confirming that the $50,000 in loan forgiveness, continue to apply with the change in use of the funds. Moffet moved to approve to compensate for the loss of the PCT event, Logan seconded. Motion passed unanimously, 7-0. • Easement /Red Sandstone multi-purpose recreation facility The Town Manager was authorized to sign a trench agreement followed by a permanent easement agreement with Holy Cross Electric at the Red Sandstone multi-purpose recreation facility. The easement will provide power to the building by tying into the holy Cross Electric Vault in the road to the new transformer to be set east of the new building. Moffet moved, Ruotolo seconded. Motion passed unanimously, 7-0. • Easement /Booth Creek Culvert under)-70 The Town Manager was authorized to sign a temporary construction easement to replace the Booth Creek Culvert under I-70. This is asub-standard culvert and is needed to expedite the process to avoid another sink hole incident. Moffet moved, Ruotolo seconded. Motion passed unanimously, 7-0. The fourteenth item on the agenda was adjournment. Moffet moved, Ruotolo seconded. Motion passed unanimously 7-0, at 11:02 p.m. O. Rodney Sllifer, ayor ~ ~ ~~~L i ~~, ~ ~~,~ ore i Donaldson, Town Clerk Minutes taken by Corey Swisher. ti • VAIL TOWN COUNCIL EVENING SESSION TUESDAY, JULY 20, 2004 6:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, July 20, 2004. Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana Donovan, Greg Moffet Council Members Not Present: Farrow Hitt Staff Members Present: Stan Zemler, Town Manager (Arrived at approx. 7:30 P.M.) Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney C7 The first item on the agenda was Citizen Participation: - Stephen Connelly, representing the Valley-Wide Ice Users Alliance (VWIUA), asked the Council to consider supporting the installation of the Vail Ice Dome in a location other than Vail, if the opportunity arose. Connelly then recommended that the Dobson Arena lease agreement be modified so as to free up funds to be used for operation of the Ice Dome. Connelly continued by stating that the VW IUA would request operating funds from Eagle County for operation of the Ice Dome and requested that smoke mitigation in Dobson Area be performed. Assistant Town Manager Pam Brandmeyer asked that VW IUA provide a formal request to the Town Council at its Aug. 3 meeting. - Sherry Dorward, representing the Betty Ford Alpine Gardens, invited the Town Council and the public to attend a fundraising dinner on Aug. 21. She also announced the Gardens had recently hired Jim Brandmeyer, an experienced fund raiser as its new executive director. The second item on the agenda was Proclamation 3, Series 2004. Proclamation 3, Series 2004, was read in recognition of Polly Letofsky and her "walk around the world" to raise awareness of breast cancer. It was then announced that on July 30, anyone interested in joining Letofsky on the final leg of her journey, can meet her at the East Vail 7 • Campground at 2:30 p.m. as she completes her 14,000 mile walk. A reception will follow at 3:30 p.m. at Billy's Island Grill in LionsHead. The third item on the agenda was the appointment of an Art in Public Places (AIPP) board position. Council interviewed in the afternoon and, at the evening meeting, appointed Kay Cherry to an Art in Public Places (AIPP) board position. Cherry will be filling a position vacated by Millie Aldrich. Tom Gorman had originally applied for the position as well; however, he withdrew his name prior to the interview. The fourth item on the agenda was the appointment of a Design Review Board (DRB) Position. Council interviewed five candidates to fill a Design Review Board Position (DRB) being vacated by Scott Proper. The candidates were Charles Baker, Betsy Bradley, Kay Cherry, Peter Dunning and Kathy Langenwalter. Councilman Dick Cleveland recused himself from the interview and voting process, as his spouse (Langenwalter) had applied for the appointment. Council was unable to obtain a majority vote on the appointment. Subsequently, a motion was passed to table the appointment until the Aug. 3 meeting. Ruotolo moved, Moffet seconded. Motion passed 5-0 . The fifth item on the agenda was the consent agenda. Minutes were approved from 06.01.04, 06.15.04, and 07.06.04 Town Council Meetings. Donovan inquired about item 6 on the 06.15.04 minutes questioning if the adopted noxious weed control plan was specifically applicable to the Vail Valley. Town Attorney, Matt Mire, stated that the state plan had been modified to specifically include only those plants common to the localized area. Ruotolo stated that in the town managers report, the dates for the community picnics were not accurate. Assistant Town Manger, Pam Brandmeyer, stated that at the time of the 06.15.04 meeting the dates were accurate, however, had been recently altered. Donovan then requested that an addition be made to item 9 in the 07.06.04 minutes, specifically regarding the addition of mitigation discussion regarding three keys and the Crossroads sidewalk. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6-0. The sixth item on the agenda was the Chamonix Property Master Site Planning. Project Facilitator, Suzanne Silverthorn, received approval of a request to authorize the Town Manager to enter into a contract with the Davis Partnership /Michael Hazard & Associates, Edwards, Colorado, for an amount not to exceed $50,000 to facilitate preparation of a master land use plan for the Chamonix property at 2310 Chamonix Road. The Chamonix property planning team will now help facilitate a process that will include a series of neighborhood meetings and Town Council discussions to accommodate previous decisions to site a fire station on the property and to identify and evaluate additional uses that will maximize community benefit while complementing the surrounding neighborhood. Moffet moved, Logan seconded. Motion passed unanimously, 6-0. The seventh item on the agenda was a Conference Center Update. Community Development Director Russell Forrest announced that potential design teams for the Vail conference center had been narrowed to four. Interviews will be taking place on July 23, followed by an open house. The public is invited to attend. Slifer thanked the town's owner's representative, ARC, for helping to narrow the list of architectural firms who had responded to an earlier request for qualifications. The eighth item on the agenda was the Renovation of Pirate Ship Park. Council • • approved a construction contract between the Town of Vail and J.L. Viele Construction, Inc, for the Pirate Ship Park renovation project. Council also approved a total budget of $331,800 for the project, which will include a complete rebuild of the pirate ship as designed by local artist Ty Gillespie. Construction will begin Sept. 7 and will be substantially complete this fall. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6-0. The ninth item on the agenda was North Frontage Road Recreation Path Connection and Red Sandstone Parking Improvements. Council approved a contract with Shaw Construction for $598,662 for construction of the North Frontage Road recreation path. The project will complete the recreation path from the West Vail roundabout to the Main Vail roundabout by connecting the Middle Creek housing project's path with the Red Sandstone pedestrian bridge. Construction is scheduled to begin in August and will include improvements to the parking lot at Red Sandstone School. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6-0. The tenth item on the agenda was a Design Review Board Appeal. Council performed a site visit, and subsequently overturned a Design Review Board denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a minor alteration (repaint) to an existing residence, located at 2568 Arosa Drive/Lot 4, Block C, Vail Das Schone Filing No. 1. Logan asked why the colors weren't approved. Logan stated that he thought the design review process was arbitrary. George Ruther stated that a,complaint about the color of the house had been received in the Community Development Department. Cleveland stated as a neighbor, he did not believe that the color of the house was offensive. Home owner, Beth Perkins, apologized for painting her home prior to staff or DRB approval, and stated she did have a full and complete understanding of the DRB process. Arosa Drive property owner, Dennis Scilicy, applauded the color Perkins had painted her home. Moffet moved to overturn, Logan seconded. Motion passed unanimously 6-0. The motion was amended to include the stipulation that Ms. Perkins submit a complete and accurate DRB application. The eleventh item on the agenda was the first reading of Ordinance No. 18, Series 2004, an Ordinance authorizing retail liquor stores or licensed drug stores in the Town of Vail to conduct on site alcoholic beverage tastings; and setting forth details in regard thereto. Pursuant to certain amendments made to Chapter 47 of Title 12 of the Colorado Revised Statutes, retail liquor store licensees and liquor-licensed drug stores may be authorized to conduct alcoholic beverage tastings subject to specific limitations set forth in the aforesaid amendments. Town Attorney, Matt Mire stated that according to the new law, as well as the Town Charter, the town must adopt an ordinance allowing for said tastings to occur. Moffet moved, Ruotolo seconded. The motion passed 5-1, with Donovan opposed. Mire subsequently announced that he will bring forward an ordinance that would amend the town's existing open container law in the near future. The twelfth item on the agenda was Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two- Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto, and; Ordinance No. 14, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family • • • Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Ordinance 10, originally proposed to address the GRFA question failed. Moffet moved, and Cleveland seconded the motion to eliminate Ordinance 10. The motion passed with a unanimous vote of 6-0. Moffet moved and Cleveland seconded the motion to approve Ordinance 14. The motion passed with a vote of 5-1, with Donovan dissenting. Councilwoman Donovan expressed concern that the original intent of revising the GRFA formula had not been met and continued by stating that Council had caved to the pressure of friends, neighbors and special interests. Ordinance No. 14 increases the percentage amounts in allowable GRFA calculations, clarifies which architectural features count as GRFA and repeals the "250 addition" and "interior conversion" GRFA bonuses that were in effect in the SFR, R and PS zone districts. Additionally, Ordinance 14 increases residential parking requirements. Several citizens voiced opinion on the aforementioned actions. Ron Byrne stated that he had not spoken with anyone in town who didn't support GRFA modifications. Byrne continued by stating the town council needs to support such modifications in order to keep Vail competitive with market demand. Eric Shirley also voiced concern that as elected officials, the Town Council was not properly representing the will of the people. Shirley continued by noting that no one has spoken out against the proposed GRFA modifications in a public forum. John Ellison reiterated by stating the residents of Vail wanted the GRFA passed. Dan Nielsson also encouraged Council to pass the GRFA Ordinance. Jim Lamont, Vail Homeowner's Association, urged Council to make the GRFA modifications, while maintaining the use of the 250 addition, and interior conversions. Lamont continued by stating that up to this point, in the town's history, Vail's zoning has been inclusionary as opposed to exclusionary. John Schofield applauded council's continued efforts regarding the reformulation of GRFA and their decision to return to an ordinance version more closely resembling the original Planning and Environmental Commission recommendation. Earlier during the GFRA discussion, a motion made by Moffet and seconded by Logan, failed by a 3-3 vote. Slifer, Logan and Moffet voted for the motion with Donovan, Ruotolo and Cleveland dissenting. The motion would have altered Ordinace 14, in that below grade deductions could have been used on multiple levels. The thirteenth item on the agenda was the Second Reading of Ordinance 12, Series 2004, an ordinance amending Title 6, Chapter 3, of the Municipal Code of the Town of Vail; providing for certain housekeeping amendments to the Town of Vail Police Regulations; and setting forth details in regards thereto. After consultation with the Town Prosecutor, several housekeeping amendments were proposed to bring the Town's Police Regulations up to date and in further compliance with State Statute. Cleveland moved, Moffet seconded. Motion passed unanimously, 6-0. The fourteenth item on the agenda was the Second reading of Ordinance No. 15, Series of 2004, an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. Moffet moved, Cleveland seconded. Motion passed unanimously, 6-0. The fifteenth item on the agenda was the Second reading of Ordinance No. 16, Series of 2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an amended approved development plan for Special Development District No. 6, Vail C~ ,] Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel. Cleveland moved, Moffet seconded. Motion passed 5-1, with Slifer dissenting. The sixteenth item on the agenda was the Town Managers Report. - Dobson Arena Smoke Mitigation Update • U Town Manager, Stan Zemler explained that the scope of the smoke management system at the Dobson Ice Arena has changed, since Odell Architects made it known in April that potential project costs may exceed $500k. After this revelation, the Chief Building Official and Fire Marshal conducted code research and determined adding additional exits on the north side of the facility would allow for an increase in occupant load. Staff has since proceeded to obtain further code engineering and structural engineering analysis to determine the feasibility of a north exit door scenario. This change in the project will result in considerable savings. Roughly estimated project costs could be closer to $150,000, and there would be little lost ice time over the summer, during construction. Completion is expected by November 2004. Anew proposal has been submitted to the DRB and town staff is expecting approval. The new submittal will increase capacity to close to 3000 persons. The new design increases the center isles in the bleachers from 44" to 72", replaces sprinkler heads to reduce the hazard of the wood roof, and recommends the installation of two pairs of three foot doors and stairs on the north outside wall. This project is currently unbudgeted. Once contractor pricing is obtained, staff will ask for the project to be added to the next supplemental appropriation. - Eagle County Capital Improvement Budget Dick Cleveland reported that new Eagle County capital project requests and matching funds requirements will impact past project prioritization efforts, specifically the proposed West Vail fire station. Cleveland said that Eagle County had received a grant for the installation of radar at the county-operated airport, which will impact previous recommendations for capital projects. The seventeenth item on the agenda was adjournment. At approximately 10:05 p.m. Moffet moved to adjourn the meeting with Ruotolo seconding. The motion passed unanimously, 6-0. Respectfully Submitted, ATTE ~~ or ei D naldson, Town Clerk .~~ Rodney E. Slifer, May s ~~~ ~ L • s~ •~ • 9 . r- • 1 • [. ~~hL~ • • VAIL TOWN COUNCIL EVENING SESSION TUESDAY, AUGUST 3, 2004 6:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, August 3, 2004. Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana Donovan, Greg Moffet, Farrow Hitt Staff Members Present: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. - Josef Staufer noted his concern about a rumor he'd heard regarding removal of the berm alongside the parking structure to provide an opportunity for new development. Staufer described the history of the parking structure and the community's willingness to spend extra money to build the berm. Staufer said the Council should not overturn an original mandate from voters to build the berm. - Bruce Brown, a district attorney candidate for the 5"' Judicial District, introduced himself and asked for support. Brown lives in Clear Creek County, one of four counties within the district. - Marty Stewart, a Meadow Drive businessman, invited the Town Council to attend a Meadow Drive Partnership meeting on Aug. 9 in which the Meadow Drive streetscape project would be discussed. Stewart also urged the Council to consider adding snowmelt to the design. The second item on the agenda was the Vail Ice Dome Follow up, re: Valley Wide Ice Users Alliance. Stephen Connelly announced that the Valley Wide Ice Users Alliance, representing 35 groups and over 800 participants, had been meeting with the Vail Recreation District (VRD) to solidify a successful business plan for the set up, tear down and operation of the Vail Ice Dome, which will be kept in storage next season unless a viable operational plan is developed. Connelly asked for more time to formalize a recommendation to the Town Council, which will be presented in September. Connelly went on to say that the group continues to look for volunteers to assist in lowering the set up and tear down costs, as well as exploring various fund raising opportunities. Connelly asked that interested parties call him at 476-1346 if they wish to provide monetary assistance or services. Jim Bensen, Laurie Mullen, Laurie Mullen, Peter Kyle and Christina Wyatt spoke in favor of continuing Ice Dome operation, citing; programming convenience, local skating sports participant competitiveness and increased Vail commuter visits as reasoning. Council members • • suggested that when Connelly returns with a proposal, the package should include an endorsement from the Vail Recreation District. The third item on the agenda was a Design Review Board (DRB) Appointment. The Council voted 6-0 to appoint Peter Dunning to an opening on the Design Review Board, a position vacated by the resignation of Scott Proper. Councilman Dick Cleveland had abstained from the vote because his wife, Kathy Langenwalter, was one of four applicants who applied. Moffet moved and Ruotolo seconded to appoint Dunning. The fourth item on the agenda was the presentation of the 2003 Audit Report by McMahan & Associates. In presenting the town's 2003 audit report, Michael Jenkins of McMahan & Associates reported the town had a "clean audit" and was in a good financial position at the end of fiscal year 2003. In addition, he said the general fund reserve balances were healthy and were well within the Colorado Municipal League and Government Finance Officers Association recommendations. Jenkins also thanked the town staff for its assistance. The fifth item on the agenda was the Conference Center Update and Committee Recommendation on Design Team. The Council voted 7-0 to approve the unanimous recommendation of the Conference Center Committee to hire Fentress Bradburn Architects to design the Vail Conference Center. The Denver-based firm was one of 11 candidates to be considered for the job. Past projects designed by Fentress Bradburn include the passenger terminal for Denver International Airport; the Colorado Convention Center and expansion in Denver; Clark County Government Center in Las Vegas; National Museum of Wildlife Art in Jackson, Wyo., and the Pasadena Conference Center in Pasadena, Calif. During a presentation to the Town Council, Curt Fentress described the firm's attention to detail, noting visits to over 30 conference centers across the country. During the public comment session, Jim Lamont of the Vail Village Homeowners Association expressed support for the selection and urged the Council to involve the public at every stage during the design process. Moffet moved with Hitt seconding to approve the recommendation. The sixth item on the agenda was the First Reading of Ordinance No. 17, Series 2004, re: Glen Lyon Special Development District. The Council voted 7-0 to approve Ordinance 17, Series 2004 on first reading, with one condition: prior to the Town Council's second reading of the ordinance which amends Special Development District #4, Cascade Village, the applicant shall submit written documentation to the Community Development Department demonstrating written consent by the owners of 75% of the surface area of the privately- owned land included within the boundaries of Glen Lyon. Approval of the ordinance would enable Vail Resorts to apply for a conditional use permit to allow for a new snow cat access route onto Vail Mountain. Jay Peterson, Vail Resorts Inc., stated that because of an oversight, no zoning is presently assigned to the track, and that Westin Ho, a ski run, is also on the track. Greg Goldberg, representing three Glen Lyon Sub-Division homeowners, stated that the town council has an obligation to fulfill and protect existing covenants on the track, and that skiing on the track does not violate the track's "low level usage" designation. Goldberg also asked that Vail Resorts and the Town consider alternative snow cat routes. Peter and Lucy Dunning, as well as Robert and Alexandra Linn provided letters of protest to the council, so as to be entered as public record. Bob Rosen cited a decrease in property values and increased noise as reasons not to continue with the present snow cat track. Sally Jakow, spoke as a representative for Robert and Alexandra Linn. Jakow inquired as to why the town would move forward so cavalierly, intentionally showing no regard for existing covenants. Jim Lamont, Vail Village Homeowner's, spoke in favor of approving the Ordinance and encouraged expediency in the process. Cleveland moved and Moffet • LJ • seconded the motion. Jay Peterson later stated that if neighborhood interference continued with progress, Westin Ho ski run would no longer be maintained (snow making or groomed), the trail would be taken off Vail Mountain Ski Maps and the run would subsequently be marked out of bounds. The seventh item on the agenda was the first reading of Ordinance 19, Series 2004. The Council voted 6-1 (Donovan against) to approve first reading of Ordinance 19, Series 2004, an ordinance that allows an establishment possessing a valid Motel and Restaurant liquor license to permit a customer of the hotel or restaurant to reseal and remove from the licensed premises one opened container of partially consumed vinous liquor purchased on the premises so long as the original container did not contain more than 750 milliliters. The modifications were needed to accommodate a new liquor tastings law approved by the state legislature. Moffet moved and Cleveland seconded the motion. Donovan stated that she believed a liberalization of current liquor laws would only contribute to problems enforcing existing ordinances, prior to casting her dissenting vote. The eighth item on the agenda was a Liquor Tasting Ordinance. The Council voted 6-1 (Donovan against) to approve second reading of Ordinance 18, Series 2004, an ordinance authorizing retail liquor stores or liquor-licensed drug stores in the Town of Vail to conduct on site alcoholic beverage tastings. This ordinance also accommodates a new liquor tastings law approved by the state legislature. Donovan stated that she believed a liberalization of current liquor laws would only contribute to problems enforcing existing ordinances, prior to casting her dissenting vote. Moffet moved and Ruotolo seconded approving the ordinance. A second vote was taken related to a staff recommendation to charge a $50 administrative fee to liquor stores or liquor-licensed drug stores filing with the Town Clerk, to hold the aforementioned tastings. Kay Ferry, Vail Convention & Business Association announced that the Town of Avon had recently passed a similar ordinance without assessing such a fee. Cleveland moved, with Moffet seconding, to not charge such a fee. The motion passed 6-1, with Donovan dissenting. Staff was subsequently directed to make the Town Clerk aware that no such fee be charged. The ninth item on the agenda was Resolution No. 17, Series 2004. The Council voted 7-0 to approve a resolution authorizing the execution and delivery of the Lionshead reinvestment agreement, to be made otherwise between the Vail Corporation, D/B/A Vail Associates, Inc., and the Vail Reinvestment authority in furtherance of permitting the acquisition by the Vail Reinvestment Authority of certain properties in the Lionshead area of the Town by power of eminent domain. The resolution clears the way for the removal of covenants that impede the redevelopment of LionsHead. Moffet moved and Ruotolo seconded the motion to approve the resolution. The tenth item on the agenda was Resolution No. 18, Series of 2004. The Council voted 6-1 (Donovan against) to approve a resolution amending certain sections of the Lionshead Redevelopment Master Plan clarifying and affording all types of development projects, new or redevelopment, flexibility in the application of the Architectural Design Guidelines, as prescribed in Chapter 8 of the Lionshead Redevelopment Master Plan. The resolution was drafted at the request of the Community Development Department with the recommendation of the Planning and Environmental Commission (PEC) in anticipation of the upcoming review of a large volume of projects in LionsHead. Donovan noted a lack of clarity in what flexibility would actually be afforded to applicants, prior to casting her dissenting vote. Mayor Slifer noted the success of the joint Council, PEC and DRB meeting earlier in the day and ~' • C: encouraged their increased frequency. Moffet moved and Logan seconded the motion to approve the resolution. The eleventh item on the agenda was the Town Manager's Report. In his Town Manager's report, Stan Zemler noted the Vail Recreation District (VRD) has unanimously approved acost-share of VRD-related corrections for ADA mitigation of up to $75,000, if the town agrees to an additional $75,000 in repairs. Although the overall estimate for ADA mitigation is estimated at $300,000, the VRD board will be going to the voters in November '04 to ask for financing of a new clubhouse, which if passed, would eliminate the additional $150,000 in mitigation due to costly improvements to the current clubhouse (elevator installation, bathroom improvements, etc.). Staff from both entities has reviewed the estimate for repairs, according to Zemler, and both groups agree a 50-50 cost share makes the most sense and would be equitable from both perspectives. The Department of Justice (DOJ) has agreed to a three year timetable for the repairs (with further extensions should the need arise). In his prepared memo, Zemler acknowledged some responsibility for the condition of assorted recreational facilities prior to passage of the legislation in 1992, and thus, requested Council approve up to $75,000 for the mitigation. Zemler requested the dollars be budgeted equally (and approved annually) over the next three years at $25,000 per year, allowing for some flexibility in allocation of those dollars, e.g., one project may exceed the combined $50,000 annual contributions from both the town and VRD and may therefore exceed the town's $25,000 contribution one year, while remaining smaller to offset that expenditure the following year. Council unanimously approved of the proposal. - Zemler also announced that the Vail Junior Hockey Association would be using Dobson Ice Area the first three weekends in November. The twelfth item on the agenda was adjournment. The meeting adjourned at approximately 9:25 P.M. Moffet moved, Cleveland Seconded. The motion passed unanimously, 7-0. Respectfully Submitted, ATTEST: L lei ~onaldson, Town Clerk ~2 7 G [~~C.- %~ Rodney 1=. Slifer, ~1(ayor `OBI N .OR ~~'~~< ,SAL. E .~ ~~olii-:o°~ • Ir • Vail Town Council Evening Meeting Minutes Tuesday, August 17, 2004 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at 6:00 P.M. by Mayor Rod Slifer. Members Present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt Kent Logan Kim Ruotolo Members Absent: Greg Moffet Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. A.J. Johnson, a candidate for District 2 Eagle County Commissioner, introduced himself and encouraged the Council and members of the public to contact him to discuss issues of concern. Johnson is running against incumbent Arn Menconi in the November election. Chip Domke, director of the Vail Memorial Park, presented an update on the park's construction, which has been underway for the past few weeks following a ceremonial groundbreaking in June. The park is located on an 11-acre site on a portion of the town- owned Katsos property in East Vail. During his update, Domke showed photos of the construction site, which has been carefully staged to protect the existing native vegetation. The park will feature inscribed boulders, stones and benches to memorialize loved ones, plus the burial or scattering of cremation remains. Domke said the park will be dedicated this fall and that 10 of 18 major donors had already been secured. Construction of the park is being supported by a local fundraising campaign sponsored by the Vail Memorial Park Foundation, plus a $50,000 interest-free loan from the Town of Vail. Also, a perpetual care fund has been established to cover ongoing operations. Domke said he would return to the Town Council with another update in a few weeks. The second item on the agenda was the Chamonix Property Master Planning Update. Scott Nevin of Davis Partnership and Michael Hazard of Hazard & Associates presented an update on the town's master planning process for the Chamonix property at 2310 Chamonix Rd. in West Vail. The town has hired the team to explore a variety of future land use options for the 3.6 acre town-owned property, which has also been identified as a site for a future fire station. During the presentation, Nevin summarized project themes identified during an Aug. 9 neighborhood kick-off meeting. Comments centered around five themes: 1) preserve and build upon community characteristics; 2) pay particular attention to site access and traffic impacts; 3) minimize fire station impacts to the neighborhood; 4) explore financing options for fire station; and 5) explore long-term needs and opportunities. Next steps include creation of a range of land use scenarios, C] • r: all of which will include a fire station on the property. The options will be presented at a second neighborhood meeting on Sept. 27, followed by an update to the Town Council on Oct. 5. During the discussion, Mayor Rod Slifer encouraged the design team to leave enough room for a future expansion of the fire station so as to adequately serve the community 30 to 40 years from now. Councilman Dick Cleveland said he was glad the team will explore a variety of options, including whether apublic-private development on the property could offset costs for the fire station. Such options, he said, will require public policy decisions by the Council, such as deciding if the town would be willing to sell a portion of the land. Council member Diana Donovan said she hoped land-banking would be considered as an option, while Council member Kim Ruotolo said the first neighborhood meeting was well attended and offered a good opportunity to listen to neighborhood concerns and ideas. The third item on the agenda was a Design Review Board Appeal, 252 West Meadow Drive. The Council heard a presentation by Bill Gibson, Community Development Planner, outlining the applicant's request to overturn the Design Review Board's (DRB) denial of an application to allow for a change to approved landscaping plans at a residence under construction at 252 West Meadow Drive. The property owner, Ted Halaby, had asked that the original condition of approval to plant five, 35 ft. high replacement trees be modified by planting trees of different sizes after discovering that an underground culvert could not guarantee the survivability of the taller trees. After discussion, Kim Ruotolo motioned to overturn DRB denial based on the following finding: that upon review of the evidence and testimony presented the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have not been implemented and enforced correctly by the Design Review Board. The motion was seconded by Kent Logarl. After further discussion, the motion was amended by Ruotolo to require the culvert be inspected and replaced, if needed, before the berm is contructed. Kent Logan amended his second. Routolo further amended her motion to reflect that if, after an inspection of the culvert, it is found to have a problem; the applicant is to return to Council for direction. Logan again amended his second. A vote was taken and the motion passed unanimously, 6-0. In voting to overturn the DRB decision to deny the request, Council members said the proposal was a reasonable solution, given the circumstances. The fourth item on the agenda was a discussion to sign a contract with Fentress Bradburn to design the Vail Conference Center. The contract includes $2,063,865 for conference center design purposes, plus $153,252 in reimbursable expenses. In addition, the contract allows up to $318,580 in alternate fees, depending on the scope of parking, transit and road configurations identified during a master planning process of the area. During the discussion, Chris Squadra of ARC was introduced as the town's owner's representative. ARC has been responsible for contract negotiations and other technical issues. Squadra described the contract with Fentress Bradburn as "tough, but fair." It was noted the Denver-based design firm was the unanimous choice of the Conference Center Committee and the Vail Town Council from among 11 submissions. During discussion, Council member Diana Donovan inquired about the scope of work and triggers related to decisions on parking and transit. She also noted the need to involve the community in the planning process and expressed a desire to determine how other uses could be accommodated on the site during future expansions. Community Development Director Russell Forrest reviewed next steps associated with the project, which includes creation of a master plan for the conference center/parking structure site that will identify vehicular and pedestrian circulation and connections as well as other .] • urban design elements. A series of public stakeholder meetings are scheduled for Aug. 18 and again on Sept. 2. Once a master plan is formulated, the design process for the conference center will begin. Dick Cleveland made a motion to sign a contract with the architectural firm Fentress Bradburn to design the Vail Conference Center after review and approval of the town attorney. Kim Ruotolo seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The fifth item on the agenda was the first reading of Ordinance No. #21, Series of 2004, an ordinance making supplemental appropriations to the 2004 Budget Supplemental Appropriation No. 2. The ordinance, the second supplemental appropriation of the year, identifies $3,045,169 in revenue increases and $3,272,372 in related expenditures. Finance Director Judy Camp outlined major changes to the budget, including an adjustment to funding and construction costs for the Multi-Purpose Recreational Facility at Red Sandstone School; legal fees associated with a water rights case brought by the town and several other resort communities on behalf of their whitewater parks; fees associated with the conference center planning; the cost of additional contract positions funded by a development resources agreement with Vail Resorts; and revenue forecast increases. During discussion, Council member Diana Donovan inquired about costs associated with Lionshead's redevelopment as well as wayfinding improvements, while Councilman Farrow Hitt inquired about smoke mitigation costs for Dobson Arena and requirements associated with the American with Disabilities Act (ADA). Hitt also referred to an open space line item in the budget which he said underscored the importance of protecting existing lands. Dick Cleveland made a motion to approve Ordinance No. #21 on first reading. Farrow Hitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Noting the town's major fund balances are now higher than anticipated, Councilman Kent Logan said the town is in very good shape financially, giving credit to Town Manager Stan Zemler and his staff. The sixth item on the agenda was the second reading of Ordinance No. 17, Series of 2004, an ordinance amending Special Development district No. #4, Cascade Village, to allow for the creation of Development Area E, located at Track K, Glen Lyon Subdivision. At the request of Town Attorney Matt Mire, Dick Cleveland motioned to table Ordinance No. 17. Farrow Hitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The ordinance was tabled to the Oct. 5 evening meeting to allow time for Vail Resorts to resolve outstanding issues related to protective covenants of the subdivision, which requires written consent by other property owners of the subdivision. Approval of the ordinance would enable Vail Resorts to apply for a conditional use permit to allow for a new snowcat access route onto Vail Mountain. The seventh item on the agenda was the second reading of Ordinance No. 19, Series of 2004, an ordinance amending section 6-3C-4 of the Municipal Code of the Town of Vail as it relates to possession of opened containers of vinous liquor that modifies Vail's open container ordinance by allowing an establishment possessing a valid Hotel and Restaurant liquor license to permit a customer of the hotel or restaurant to reseal and remove from the licensed premises one opened container of partially consumed wine purchased on the premises so long as the original container did not contain more than 750 milliliters. The modifications are needed to accommodate a new liquor tastings law approved by the state legislature. During discussion, Councilman Farrow Hitt received clarification from Town Attorney Matt Mire that the law requires the wine to be partially consumed on the premises before it can be resealed and removed. Kim Ruotolo made • • a motion to approve Ordinance No. 19 on second reading. Kent Logan seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was the Town Manager's Report. The Council reviewed plans by Vail Resorts to begin the relocation of utilities in Lionshead, which signifies a major starting point for redevelopment. The work is anticipated to begin Sept. 7. Councilman Kent Logan noted the need for adequate notification to impacted properties and to minimize business disruption as much as possible. Jay Peterson, representing Vail Resorts, said all businesses would have access throughout the construction and that notification meetings with affected businesses and property owners were already taking place. Council member Diana Donovan received clarification that the utility locations would not conflict with build-to lines identified in the Lionshead Master Plan, while Dick Cleveland said he wanted to make sure the public understood the action does not involve selling town land or right of way. Cleveland motioned to authorize the town manager to sign permanent utility easements to allow for the utility relocation. Farrow Hitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Also during the Town Manager's Report, the Council discussed a request to authorize the town manager to enter into an Intergovernmental Agreement with Eagle River Water and Sanitation District for an amount not to exceed $100,000 for storm water work associated with utility work on East Meadow Drive. Construction will begin Sept. 7. During discussion, Councilman Kent Logan reiterated concerns about adequate notice for area businesses and property owners. It was noted that a meeting for businesses and property owners along Meadow Drive had been held recently to provide an overview of the anticipated construction. Kim Ruotolo motioned to authorize the town manager to • enter into an Intergovernmental Agreement with Eagle River Water and Sanitation District for an amount not to exceed $100,000 for storm water work associated with utility work on East Meadow Drive. Kent Logan seconded the motion. A vote was taken and the motion passed unanimously, 6-0. In closing the meeting, Mayor Rod Slifer complimented Bill Carlson, the town's environmental health officer, for his work in helping to address some sediment problems associated with a Vail Resorts construction project on Hanson Ranch Road. As there was no further business, Kent Logan motion to adjourn. Kim Ruotolo seconded the motion. A vote was taken and the meeting was adjourned at 7:47 P.M. Respectfully Submitted, i~odney E. Slifer, l~Nayor ATT T: ~~ i~. ~ ~'~- L ele' onald on, Town Clerk ~, . • ..COLO~O~ ~. • r: Vail Town Council Evening Meeting Minutes Tuesday, September 7, 2004 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, September 7, 2004. Council Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt Kent Logan Kim Ruotolo Greg Moffet Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Joe Joyce, owner of Joe's Deli and the Vail Village popcorn wagon, expressed concern that the promoter of the upcoming Oktoberfest events in Lionshead and Vail Village would be using an outside vendor to sell food. Joyce suggested local businesses should be given the opportunity to participate in event planning before arrangements are made to bring in an outside vendor. James Deighan of Highline Sports Entertainment, the promoter of Oktoberfest, acknowledged Joyce's complaints, saying his company had been hired to operate the event in a fiscally responsible manner, thus his company's decision to internally manage food sales. Rick Scalpello began his public comment by complimenting the Town for a fine start to the Vail Village streetscape projects on Meadow Drive and Bridge & Gore. Representing businesses and property owners along Meadow Drive, Scalpello then stated the group's desire for snowmelt to be included in the town's streetscape design along Meadow Drive from Vail Road to Slifer Plaza, noting the group's willingness to pay for the snowmelt on private property. Scalpello qualified his request by stating that property owners have $400 million in reinvestment planned for the area, subsequently generating an estimated $2 to $3 million dollars in additional annual sales tax revenue. Councilman Kent Logan requested that a timetable and plans for the East Meadow Drive streetscape project be provided to Council. Howard Stone, a Westhaven Drive resident, shared his frustration in working with representatives from Vail Resorts, Inc., to resolve outstanding issues as they relate to an ordinance amending the Cascade Village Special Development District that would allow for creation of a development on Tract K of the Glen Lyon subdivision to accommodate snowcat access. Stone said Vail Resorts has indicated that if agreements aren't reached with the homeowners, the Westin Ho ski run will no longer be maintained (snow making • • or groomed), the trail will be taken off Vail Mountain ski maps, and the run will be marked out of bounds. Although expressing an understanding that the closure of the Westin Ho ski run was a matter between Vail Resorts and the homeowners, Stone suggested the Town Council may have an interest in the outcome since the town will ultimately have to endure problems if the trail is closed. The second item on the agenda was a Village Streetscape, Core Site and East Meadow Drive Update. Public Works Director Greg Hall announced that streetscape improvements had begun on September 7 with construction returning to Lower Bridge Street, Eaton Plaza, Wall Street, Hanson Ranch Road and a new project on East Meadow Drive. Hall concluded by stating this installment of the Village Streetscape Improvements would be completed by November 20. The third item on the agenda was a Conference Center Update. Council voted unanimously, 7-0, to approve the issuance of a Request for Qualifications (RFQ) of the conference center for a general contractor. Moffet moved with Logan seconding. It was announced that on September 21, Council would receive an update on conference center progress and a public open house would be held on a date soon to be determined, to review site plan concepts. Russ Forrest also presented an update on the process, to date. It was noted that more than 150 comments from more than 100 interested citizens and adjacent property owners had been received during the initial public scoping process. Logan stated all involved in the design process remain cognizant not develop a "black shuttered building." This comment encourages the design of a facility so that when conferences or similar events are not occurring, the facility would be able to serve as a public amenity. Councilman Cleveland reiterated Logan's comments and stated that during the design process that the town "should not close the door on making the project more usable." Councilwoman Donovan inquired as to if project designers /architects, Fentress Bradburn, had reviewed the RFQ and also encouraged staff to utilize Fentress's experience to help maximize facility usage potential. The fourth item on the agenda was the Consent Agenda. Council voted unanimously, 7- 0, to approve the Town Council Evening Session minutes from July 20, August 3 and August 17, with minor additions made to the August 3 and August documents. Hitt requested that his name be added to the list of Council members present in the August 3 Minutes. Donovan requested that Chip Domke's comments made during the August 17 meeting, Citizen Participation agenda item, reflect that he stated efforts had been taken to protect the growth of "existing native vegetation" as opposed to "protect the growth of wildflowers and plants." Ruotolo moved and Cleveland seconded the motion to approve as amended. The fifth item on the agenda was a Pine Beetle Update by the United States Forest Service (USES). USES District Operations Manager Cal Wettstein and Forest Health Management Entomologist Dave Eager provided the update. Eager stated that due to continuing drought conditions throughout the inter-mountain west, the present pine beetle outbreak is vast and includes an area from Canada to Mexico. Although pine beetles are indigenous organisms, drought conditions cause trees to create less resin, a natural barrier to pine beetle infestation, he said. Wettstein added that four primary factors impact beetle infestation: 1) weather conditions; 2) stand conditions (trees approximate location to each other); 3) age of the trees; and 4) the species of trees located in specific areas. Wettstein also announced that an aerial survey of the Vail area had been recently conducted and that the USES is tracking tree mortality rates in specific locations. C] • • Wettstein continued that by decreasing tree density, more moisture is available to remaining trees, thus increasing the opportunity for lower tree mortality rates. Wettstein then stated that the Vail Valley Forest Health Project (WHFP) would continue and within the next few months, a draft Environmental Impact Statement (EIS) would be released. As a part of the WHFP, Wettstein anticipated the propagation of aspen clones in West Vail area would occur. Photographs of the valley taken in the 1930s indicate that aspen trees were at one time more common in the area and would act as an effective fire break. Subsequently, current fallen and beetle infested trees in the West Vail/Intermountain area would be removed/culled and burned. This action could amount to the removal of potentially 30 percent of the present tree population (living, dying, dead bio-mass) in the area. Wettstein stressed this would be an attempt to control bio-mass as well as maintain scenery. This is referred to as an "adaptive management" approach. Town Manager Stan Zemler asked Wettstein when the USFS would begin the bio-mass removal project in West Vail. Wettstein indicated the EIS should receive approval by spring 2005, and bio- mass removal would begin within a year to ayear-and-a-half after EIS approval. Eager added that several species of the pine beetle exist; however, Vail is mainly being affected by the variety that affects lodge pole pine. Bob Louthan, East Vail resident, asked about Pine Beetle and bio-mass control in East Vail. Wettstein stated East Vail has the advantage of a natural aspen break. However bio-mass removal is not viable as there are severe avalanche and debris flow risks that occur with such actions. The USFS representatives did stress they would work with adjacent land owners in removing/clearing dead or dying bio-mass. Slifer recommended to Zemler the town should set aside funds for pine beetle mitigation in future budgets. The sixth item on the agenda was a Vail Recreation District (VRD) Update. Scott Proper, VRD board member, provided an update on the VRD's decision to forego operation of the Ice Dome during the 2004-05 winter season. Proper qualified "ice usage" demand has not materialized over the past few years due to a mix of programming provided at Dobson Ice Arena and a generalized decrease in demand created by down valley facilities. Hitt then asked Proper if the VRD had requested deposits for ice requests that had been made. Proper responded the VRD Board had requested ice usage contracts and deposits, and he assumed VRD staff followed the directive of the VRD Board. Instead, the VRD agreed to fund up to $5,000 to help the town store the Ice Dome for an additional year. Donovan stated that she believed that the TOV and VRD should investigate the development of a less formal outdoor ice venue. Proper and TOV staff subsequently indicated they would explore the possibility of a "primitive" outdoor skating venue in Vail for the 2004-05 winter season. Proper also noted that extensive efforts would be made at Dobson Arena to accommodate as many skater groups and events as possible. Subsequently, Cleveland made a motion to authorize the Town Manager to take steps or investigate options to sell the Ice Dome. Ruotolo seconded. The motion passed 5-2, with Slifer and Donovan dissenting. Discussion surrounding the sale of the Ice Dome focused on the potential usability of the existing dasher boards and refrigeration equipment that had been used to operate the facility. TOV staff indicated they would investigate the potential viability of utilizing Ice Dome equipment for use in an outdoor or alternative venue. During a pause for public comment, Stephen Connelly, representing the Vail Valley Ice Users Association, stated Proper and the entire VRD should be commended for their willingness to revisit the issue. Michael Cacioppo, former TOV Councilman, remarked if the ice dome were to be sold to a down valley entity, a second sheet of ice in Vail may no longer be necessary. LJ • • Proper also presented an update on two ballot issues authorized by the VRD. When referring to the proposed ballot questions, Proper said he has encountered many constituents in Vail who desire more recreational amenities, and to provide these, the VRD has decided to ask for a mill levy increase due to lower revenues at the Vail Golf Course and lower assessed tax valuations in Vail. Moffet inquired as to the status of golf course revenues. Proper responded there was a feeling amongst some in the community and the VRD Board the current method of golf pass distribution and green fee pricing amounted to very inexpensive golf for only a few local residents, while also pointing to a general "mushrooming" of availability of golf courses in the United States and more specifically in the Vail Valley. Several Council members questioned the specific language of the ballot questions, the subsequent revenues that each ballot question would generate, and management practices utilized by the VRD. Most of the Council expressed a belief the proposed ballot questions were vague and did not appropriately address the matters at hand. After further research, Zemler noted the certification deadline was the next day, 09.08.04. During a pause for public comment, Cacioppo expressed concern the VRD's proposed ballot questions included no sunset as the operating contract existing between the TOV and VRD would be expiring in a couple of year. Cacioppo concluded he believed international/national occurrences and down valley competition were the primary reason for the Vail Golf Course's consistent decline in revenue. The seventh item on the agenda was an Information Centers/Overview and Award of Contracts. Finance Director Judy Camp announced the current contract for operating the Visitor Information Centers in Vail Village and Lionshead would expire on September 30, 2004. Camp continued the TOV issued a Request for Proposal (RFP) via public notice in late June asking for three-year proposals to operate the information centers. Responses were received from the Vail Valley Chamber and Tourism Bureau (WCTB) and the Vail Chamber and Business Association (VCBA). Following review of both proposals, staff recommended awarding athree-year contract, subject to annual appropriation, to the WCTB. Camp reported the proposal submitted by the WCTB met all of the requirements of the RFP. The WCTB (and its predecessor organizations) had 30 years of experience in managing the Vail visitors' centers and maintains a strong staff as exhibited by the resumes submitted and the quality of their proposal. The proposed business plan from the WCTB was built upon their current programs as specified in the proposal. The WCTB requested $173,555, plus nine blue parking passes, to fund 100% of the staffing of the information centers and 50 percent of the support costs, with the remainder funded from commissions received on reservations. The VVCTB's cost was the lower of the two proposals, but represented an increase over the current contract, as well as it was greater than the Town Manager's internal guideline of 2.0 to 2.5 percent. Staff further recommended that the amount of the contract for 2004/2005 be reduced to $170,675. The VVCTB also submitted a proposal to re-instate the hours that were cut from the shoulder seasons in 2003/2004, particularly because of the construction anticipated throughout the town and the desire to communicate to our visitors Vail is "open for business." Staff did not recommend re-instating the additional hours and recommended the Town Manager enter into negotiations with the WCTB for information services. After the Town Manager's recommendation was made by Camp, there was some disagreement by the VCBA concerning what information had been received by TOV staff, as well as discussion regarding the VCBA's submitted materials as they were reported to be provided to the town two working days past the RFP stated deadline. Councilwoman Donovan inquired as to why the contract recommendation was for three years. U • • Brandmeyer stated it was decided last year to have a three year contract. Donovan stated that other ideas such as a "economic development" position invalidated a three year contract concept. Donovan also stated she was disappointed Council had not been given the option to review the RFP or applicant-provided materials. Logan emphasized he believed the RFP process was not as thorough as it should have been, and the public had no credibility in the process that had been used. Cleveland emphasized due to redevelopment taking place in the Vail Village and Lionshead areas, he thought it would be premature to enter into a three year contract for information center services. Cleveland also stressed the need to operate only one visitor's center so as to eliminate duplication of services and the information center operation discussion should have occurred in July, as opposed to a month before the end of current operating contract. Hitt communicated he did not like nor want to continue "business as usual" at the information centers, and information provided at the information centers should be about Vail and promote it as an individual entity. Hitt used the example of "vailonsale" as a WCTB program that promoted businesses outside of TOV limits. Several Council members also questioned the proposed hours of operation of the two facilities. Kaye Ferry, Executive Director of the VCBA, voiced it was unfair only one agency had the opportunity to gain experience operating the information booths, noting operation of an information center wasn't "brain surgery," and the VCBA already performed similar functions in their current office. Steve Rosenthal, President of the VCBA, also stated concern with the RFP process and handling of the RFP information packets after they had been returned to the town. Rosenthal questioned why town staff would not have reviewed the submissions with the applicants. Rosenthal also remarked experience could be an everlasting argument, and in everything the VCBA had embarked upon, they had been successful. Frank Johnson, WCTB President, rebutted more Vail businesses belong to the WCTB than VCBA. Johnson continued the VVCTB had been a good partner and exemplary servant, operating the ihformation centers for the past thirty years, and stated hiring the VCBA would be a short sighted mistake. Johnson disagreed that people would stop at an information center, then drive down valley to find accommodations, arguing he believed the average visitor is hesitant to even drive as far as Vail Village to Lionshead after stopping at an information center. Johnson agreed the WCTB would continue operation of the information centers until the management issue is resolved. Katie Barnes, VVCTB, addressing the "vailonsale" questions raised earlier in the evening by Hitt and the VCBA, said visitors were directed to specific locations based on expressed needs, rather than predetermined locations. Tracy Long, Vail business owner, spoke in support of the VCBA operating the information centers, emphasizing the information centers should be used to promote a vibrant Vail Village atmosphere. Dale Bugby, Vail Resort Rentals, avowed the town should run the information booths longer, better, and effort should be spent examining Vail's competitive edge, in terms of web sites such as Travelocity.com and Expedia.com. Bugby also alleged lodging taxes are not utilized to the maximum benefit to the town. Rick Scapello remarked the town had not identified a specific purpose for the information centers, and a shorter contract term should be implemented. Michael Cacioppo spoke in support of changing the hours of operation for the information centers and questioned why the Council would accept a staff recommendation for an operation as important to the town as the information centers. Cacioppo ended by saying he believed it to be an egregious mistake that Council had not had the opportunity to see the applicant's proposals. Joe Staufer, local business owner, articulated concern with the WCTB operating the information booths, since that the WCTB had to cater to the needs of a numerically • • • superior down valley membership base. Staufer concluded by emphasizing promotional dollars coming out of Vail should stay in Vail. Donovan finished the discussion by stating there is an obvious interest in a "Vail only" organization running the information centers. After the questions were raised by VCBA staff and supporters concerning the RFP process, as well as generous public input supporting a "Vail only" organization, Council agreed to extend the selection process to include personal interviews with both applicants. It was agreed by Council the interview panel would consist of Hitt, Ruotolo, Zemler, Brandmeyer and Camp. Zemler emphasized however, only the specific information that had been previously received by the town in the original RFP would be used in the selection process. Moffet moved to have WCTB continue operation of the information centers on a month-to-month basis until a second recommendation by the Town Manager was received by Council. Cleveland seconded. Motion passed unanimously, 7-0. Moffet had earlier moved to accept a two year contract, while revisiting information center hours of operation over the next several months. That motion died without a second. The eighth item on the agenda was a request by Crossroads East One, LLC, to proceed through the development review process with a proposal to construct private improvements on Town of Vail property. The Council voted unanimously, 7-0, to allow Crossroads East One to proceed as part of a redevelopment application to create a Special Development District (SDD). In conjunction with that application, there were several improvements which were proposed within the Town of Vail right-of-way for Village Center Drive and East Meadow Drive. Since Crossroads proposed to construct and alter Town of Vail property, Town Council permission was required to proceed through the development review process. The review process for creating a new SDD requires the Planning and Environmental Commission forward a recommendation of approval or denial to the Council. If Council were to approve the SDD, it would require two public readings of an ordinance to establish the SDD. Moffet moved and Ruotolo seconded the motion to proceed through the process. The ninth item on the agenda was Resolution No. 20, Series 2004, A Resolution approving the Gore Creek Place Development Agreement (The "Agreement") between the Town of Vail ("The Town") and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation ("Vail Associates"), which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek Place Development Site owned by Vail Associates and Affiliates. At Mire's request, Council voted to table Resolution No. 20, pertaining to the Gore Creek Place development, to the September 21 Town Council Session. Moffet moved and Ruotolo seconded the motion, with the motion passing unanimously 6-0, as Slifer had recused himself from the item. The tenth item on the agenda was the Second Reading of Ordinance No. 21, Series 2004, an Ordinance making supplemental appropriations to the 2004 Budget Supplemental Appropriation No. 2. The ordinance, the second supplemental appropriation of the year, identified $3,045,169 in revenue increases and $3,272,372 in related expenditures. Finance Director Judy Camp outlined major changes to the budget, including an adjustment to funding and construction costs for the Multi-Purpose Recreational Facility at Red Sandstone School; legal fees associated with a water rights case brought by the town and several other resort communities on behalf of their whitewater parks; fees associated with the conference center planning; the cost of additional contract positions funded in part by a development resources agreement with r 1 LJ • Vail Resorts; and revenue forecast increases. Cleveland moved, and Hitt seconded the motion. The motion passed unanimously, 7-0. The eleventh item on the agenda was the Town Manager's Report. - Cascade Bike Path Greg Barrie from the Public Works Department provided a construction progress and financial report on the Cascade Bike Path. Barrie noted the town has added $150,000 to the 2005 Real Estate Transfer Tax (RETT) budget to reflect the town's share of improvements for this section of the bike path, in conjunction with a proposed cost-share from Holy Cross Electric and the Cascade Village Improvement District. - Quick Response Vehicle (QRV) Update At Council's request, Fire Chief John Gulick provided an update on the status of the department's acquisition and use of its two quick response vehicles (QRV). Gulick said the department chose to utilize QRV's to reduce unnecessary expenditures and wear and tear on fire engines, and the department is finalizing standard operating guidelines for use of the new equipment. Appropriate QRV responses will include basic first-aid or medical emergencies; selected vehicle accidents on I-70; bicycle accidents on bike paths; off-road accidents on Red Sandstone Road, Mill Creek Road or on Vail Mountain; wildland fires; and confirmed non-emergency fire alarms in buildings. Fire officers will determine which vehicle responds based on the nature of the call as dispatched. Calls to which a QRV responds requiring additional support will be supplemented by personnel and equipment from another fire station. If an engine is already committed to a call requiring more help, a QRV can be utilized to deliver additional personnel. The chief said QRV's add a new level of flexibility in responding to a variety of emergencies. Gulick continued one QRV is currently being used for rescue while the other is used as a light engine. The chief then answered questions as to what equipment is currently installed and in use on specific vehicles as well as where the vehicles were being stored. Cleveland and Moffet requested a pro forma and statistics be provided by staff to unequivocally demonstrate the efficiencies of QRV usage. - Keg (Barrel Containing Malt Cereal Beverage) Tagging Legislation As participants in a Colorado Department of Transportation (CDOT) underage drinking grant, the Town of Vail Police Department (TOVPD) requested support from the Colorado Association of Chiefs of Police (CACP) to help sponsor "keg tagging" legislation during the present 2004 State of Colorado Legislative Session. The law would require when kegs are sold, buyers must show identification and fill out a form writing in their names and addresses. A registration "tag"-really asticker-is then affixed to the outside of the keg. The intent of the tagging law is to hold adults accountable for providing alcohol to minors. If law enforcement finds a tagged keg at a party where minors are drinking, they can track it back to the purchaser, who may then face civil or criminal penalties. Mothers Against Drunk Driving has contacted the TOVPD supporting these efforts. The TOVPD is requesting permission to collaborate with the CACP and MADD to sponsor this legislation. Council approved of supporting the legislation, however, stipulated they did not want TOVPD to spend an inordinate amount of time on the project, or such time that would hinder normal duties directly benefiting the TOV. Zemler announced only a reasonable amount of time would be spent on the endeavor. • • Park City Tour Corey Swisher from the Town Manager's Office announced for the third time in recent history, a large contingent of Park City representatives would be arriving in Vail to learn about and explore a peer municipality. Swisher continued the group would arrive on the evening of September 15 and would consist of approximately 70 people, including elected officials, staff, a local leadership class of 25 people, and local business members. Swisher explained a'dine around' with Vail officials and community members would occur on the evening of September 15 at local restaurants, and town staff would provide a formal program at Donovan Pavilion on September 16. The twelfth item on the agenda was adjournment. The meeting was adjourned at approximately 10:05 p.m. Moffet moved, Ruotolo seconded. The motion passed unanimously, 7-0. Respectfully Submitted, o ~J•~ F. ~'q/~ ~: S~p,L ATTEST: •~'••...•...•••~ COLON Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. O Rodney E. Slifer, Mayor r~ ~_J ,+ • Vail Town Council Evening Meeting Minutes Tuesday, September 21, 2004 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at 6:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt Kent Logan Kim Ruotolo Greg Moffet Staff members: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen input. The second item on the agenda was a streetscape/East Meadow Drive/Core Site Update. Public Works Director Greg Ha11 provided a report on the status of present streetscape improvement operations. Hall reported East Meadow Drive was reopened prior to Oktoberfest as was originally scheduled. Hall continued that Hanson Ranch Road has been reopened, while Bridge Street paver installation work continues, although the weather may become a problem. Water feature development on Wall Street continues, and the restrooms are close to being opened. Paver work will begin on Earl Eaton Plaza after Bridge Street is improved. Fountains on Wall Street would be poured within the next two weeks. In a pause for public comment, Rick Scalpello, representing East Meadow Drive business owners and operators, thanked and complimented the town and Eagle River Water and Sanitation (ERW&S) for their sensitivity and cooperation while performing utility work. Hall also provided a report; outlining private sector investment and cooperation surrounding streetscape improvement efforts. LOWER BRIDGE STREET Russell's Building- Slifer Building - Gorsuch Building - Covered Bridge Building - Gasthof Gramshammer- No impacted area Check received No impacted area on Lower Bridge St Owner (Florescue) does not want to participate, exiting pavers/ snowmelt to remain in tact Owners (Gramshammer) do not want to participate WALL STREET/ EATON PLAZA Bridge Street Building- Agreement signed /payment plan Wall Street Building/Lazier- Payment Plan Vail Sports Building- Check sent One Vail Place- Based on public access of easement Plaza Lodge Building- Agreement signed/ payment plan Hill Building- Traded for pedestrian easement Ruotolo asked for the reasons why payments were not received. Hall stated some owners simply did not want to participate, as well as there were a few legal matters pertaining to certain properties. Hitt asked if some of those not willing to participate or pay for streetscape improvements were the owners of Pepi's Restaurant and the Gasthof Gramshammer. Hall indicated that was correct and the town had spent an estimated $15,000 to remediate their property. Logan then asked if Florescue had also failed to be an active financial participant in streetscape improvements. Again, Hall indicated that was correct. In summarizing the streetscape projects, Hall said the first year of improvements had gone very well. Hall concluded his presentation by noting that due to contractual issues, Lionshead core site improvements might be delayed for the fall. Logan asked that a letter of thanks be sent to the President of FirstBank of Vail for its gracious contribution to the utility improvements by allowing traffic to be rerouted through its parking lot. The third item on the agenda was a Vail Parking Task Force (VPTF) Presentation. The Council reviewed a recommendation from the Vail Parking Task Force in which the group recommended no change in parking rates or policies for the 2004-05 winter season from the 2003-04 winter season. Hall announced during the last year the parking program had succeeded in limiting parking on the Frontage Road to 14 days. The announced goal had been 15 days. Parking and Transit Manager Mike Rose reported no changes were recommended to help eliminate public confusion. Cleveland further elaborated people have learned and understand the program, and it was time to leave the parking system alone. Hitt announced as a new member of the task force, he felt confident in the recommendation, and the town would remain vigilant in improving and simplifying the town's parking situation. During the public comment period, Michael Cacioppo questioned potential fines that might be imposed upon parking structure users, due to unfortunate timing. Rose noted fines are imposed reasonably and are ultimately determined by enforcement officers. Moffet moved and Cleveland seconded a motion to maintain the 2003-04 parking rates and policies without change. The motion passed unanimously, 7-0. The fourth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's (PEC) denial (non-vote) of conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vail Village Plaza) /Lot O, Block 5D, Vail Village Filing 1. On a 4-2 vote, with Mayor Slifer being statutorily recused, Council upheld a PEC tie vote, which had resulted in denial of a conditional use application that would have allowed a real estate office to open on the ground floor of 100 East Meadow Drive. Moffet moved to uphold the PEC non-vote, with Hitt seconding. Stating it was one of the toughest votes in their public careers, Cleveland, Donovan, Hitt, and Moffet voted to uphold the PEC non-vote, in an effort to protect or not hinder, what they believed might become one of the most thriving areas in Vail. Cleveland expressed concern Council would have the political will to deny further applications for conditional use as time went on, and approving the present application, "would fly in the face of what we are trying to do on Meadow Drive." Hitt stated he believed approval of this item might lead to a flood of real estate offices and would be contrary to ongoing redevelopment efforts. While dissenting, Logan and Ruotolo expressed they believed the square footage of the frontage requested to be developed into office space would not significantly impact the potential of the area, and future variances could be controlled. Logan stated Council can control matters such as this, one by one, and the volume of real estate offices in Vail Village and Lionshead was not currently a matter of concern. Logan finished his arguments by stating: "When we get to thirty-four offices I think we have serious problem." Ruotolo stated she thought a real estate office is a use that could be allowed in this area. "I think a real estate office provides a nice mix in what we are trying to do in this area and is not an incompatible use." Many citizens and interested parties spoke in support of the applicant. Mire also made it known letters and voicemails in support of the applicant had been received by the town. The applicant John Slevin, Nico Vail, Inc., was represented by his father Jim Sleven, former Council member who stated he believed that a good business operation of any sort, in a good location was positive for the town and that the volume of revenue his real estate office would generate for the town would be superior to what a normal "store" would generate. Jay Peterson, representing the applicant, quoting recent newspaper articles, stressed regulation will hamper diversity and market conditions should dominate what type of business locates in a specific area. Peterson continued real estate is a large part of Vail's local economy and that second homeowners are becoming more and more important. Luc Meyer, owner of the 100 East Meadow Drive location under discussion, stated he had been trying to find a tenant for the aforementioned location for six months. Meyer emphasized that certain retail businesses such as art galleries do not benefit the town as most of the art sold in Vail is shipped out of state; subsequently no sales tax is collected. Meyer also emphasized he looks for quality tenants, and an entity that would be a benefit to the town. Meyer completed his comments by stating he would continue to work on the aesthetics of the property. David Viele, PEC Member, stated he believed the PEC failed to implement proper code and succumbed to the impetus to implement public policy. Speaking as a citizen, Viele commented he did not believe public policy should "tinker" with economics, and real estate is the economic driver of the Vail economy. Rick Scalpello, remarked Council could not find justification to deny this request. Michael Cacioppo suggested the possibility of a compromise, recommending only the second level of the property be used for office space, leaving the lower level for true retail. Steve Stafford, Manager for Slifer, Smith & Frampton Management Company, stated real estate offices are a pseudo retail use and visitors have an interest in what type of property is available in the resort area they are visiting. Stafford continued he didn't think approval of this use; sets a precedent, and future usage of the area will remain subject to Council approval. Dan Telleen, Karats Gallery owner, asked Council to deny the request, stating he believed real estate office space does not contribute to pedestrian shopping synergy. The fifth item on the agenda was Resolution No. 19, Series of 2004, a Resolution of the Town of Vail adopting the State of Colorado Municipal Records Retention Schedule. Council voted unanimously, 7-0, to approve a resolution that simplifies the town's methods of records retention. Town Clerk Lorelei Donaldson stated current methods used to dispose of records are a cumbersome paper-based procedure, and that adopting the State of Colorado Model Records Retention Schedule would give town departments a basis upon which to make records disposition decisions for many different types of records without going to the State Archivist for approval each time a new record type is created. It also allows for a less cumbersome records disposal process. Cleveland asked Donaldson if all town departments had been made aware of the resolution. Donaldson reported each department would implement methods most acceptable to its individual needs. Mire qualified Donaldson's comments by stating the resolution only set minimum standards. During the public comment period, Michael Cacioppo expressed concern he had not had the opportunity to review the state legislation. Moffet moved, and Donovan seconded the motion. The sixth item on the agenda was Resolution No. 20, Series 2004, a Resolution approving the Gore Creek Place Development Agreement between the Town of Vail and the Vail Corporation, D/B/A Vail Associates, Inc., which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek Place Development Site owned by Vail Associates and Affiliates. Mire recommended a motion to table the item until the October 5 evening session. Due to a predetermined statutory conflict, Mayor Slifer recused himself from the item. Moffet moved and Hitt seconded the motion to table the item. Motion passed unanimously, 6-0. The seventh item on the agenda was the Town Manager's Report. - Zemler reported the Town of Breckenridge asked to have a joint meeting with the Vail Town Council. There was a general consensus by the council to participate in such a meeting, at which time Mayor Slifer directed staff to investigate an appropriate date for the meeting. - Assistant Town Manager Pam Brandmeyer announced comprehensive Council contribution information had been distributed to Council earlier in the meeting so as to allow more time to review the item prior to the October 5 work session. Zemler asked for clarification on what Council was expected to do in determining contribution levels. Brandmeyer stated the Council would have the opportunity to review contribution requests line item by line item. Councilwoman Donovan reminded Council to take the requests very seriously as the matter is extraordinarily important in the budget process and at times Council members may find themselves voting for or against friends and individual interests. - Mayor Slifer asked for and received verification from Council there was a general consensus the "option three" conference center design plan, presented earlier in the day, was the preferred direction of Council. - Hitt announced he had received three emails from parties interested in purchasing the Vail Ice Dome. Brandmeyer reported information-gathering work was continuing to determine a sales price for the facility. The eighth item on the agenda was adjournment. The meeting was adjourned at approximately 8:15 p.m. Moffet moved, Logan seconded. The motion passed unanimously, 7-0. Respectfully Submitted, /..~ ~.~~ U Rodney E. Slifer, Mayor 4 ATTEST: ,, ~.. .•" ° ~• n = ~- '" ~ ... , Lorelei Donaldson, Town Clerk sl Vail Town Council Evening Meeting Minutes Tuesday, October 5, 2004 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 Rod Slifer. Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan, Farrow Hitt, Greg Moffet Kim Ruotolo, Members Absent: Kent Logan Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Colorado Senator Jack Taylor, who was running for re-election, expressed his continued interest in working with Town Manager Stan Zemler, Colorado Motor Carriers representative Greg Fulton and officials from the Colorado Department of Transportation (CDOT) to help mitigate I-70 traffic noise. Taylor also described his success in working with CDOT to approve installation of a traffic light in Eagle-Vail. Taylor encouraged the Town Council and the citizens of Vail to call upon him for help in resolving matters that require assistance from the state. He also said he understood the importance of and would fight to protect Western Slope water. Kaye Ferry, Executive Director of the Vail Chamber and Business Association (VCBA), announced that Aspen Chamber Resort Association Downtown Catalyst Lisa Baker would be speaking at the next VCBA meeting to be held at 8 a.m. Oct. 12 in the Town Council Chambers. Ferry then made it known that Brian Vogt, the state Director of the Office of Economic Development and International Trade, would speak to the public 8 a.m. Oct. 19 at Manor Vail. The second item on the agenda was aConstruction / Streetscape Update. Public Works Director Greg Hatl reported the restrooms on Wall Street were almost complete and water features on Wall Street and Earl Eaton plaza were partially operational. In addition, utilities on Hanson Ranch Road, Bridge Street and Gore Creek Drive were almost complete and planters were beginning to go in on Gore Creek Drive. Hall confirmed that utility work in the LionsHead core was postponed, although some work directly related to the Gore Creek Townhomes would continue. Moffet questioned the unevenness of the pavers recently installed in the Village. Hall acknowledged there had been some quality control issues with the pavers, which were being addressed. The third item on the agenda was a Conference Center Update. Community Development Director Russ Forrest announced representatives from Fentress Bradburn Architects, Inc., met with Council, Planning and Environmental Commission, Design Review Board and the Conference Center Oversight Committee earlier in the day to report on progress made on the refinement of the conference center site plan. Forrest reported the following: The site plan concept calls for the facility's parking to be located under the center, and was identified as the preferred option from five alternatives presented to the Council, PEC, DRB and the general public in September. At that time, Council requested an assessment of the actual parking need for the conference center. Felsburg, Holz, and Ullvig (FHU), the town's independent traffic and parking consultant, presented a parking needs assessment. FHU representative Chris Fausching explained parking needs are driven by estimated attendance levels contained in the conference center business plan. In a scenario where a 600-700 attendee conference occurred during the ski season, 125 new parking spaces would be needed. Calculations were based on an estimated 20% of attendees arriving by automobile. Fausching reported an average of 1.25 conference-goers arrive by car, combined with staff parking requirements of 20 vehicles, amounted to the 125 number. Forrest then stated Fentress Bradburn representative Mike Winters presented parking, transit, vehicular circulation, pedestrian circulation, and floor plan possibilities associated with the preferred site plan. Potential vehicular access points, Frontage Road configurations, guest access, parking relocation and service access points were illustrated. Winters also reported new information was recently received which included a survey with property lines, topographic information and utilities. Winters stated the next steps would include: civic center schematic design, stacking diagrams, blocking diagrams and preliminary building design concepts. Forrest continued that upcoming dates in the conference center planning schedule included: an October 18, Conference Center Committee Meeting to finalize recommendation on governance; October 19, Town Council Meeting to review Master Plan and alternative architectural concepts; and October 21, public meeting on architectural character. The fourth item on the agenda was the Consent Agenda. Council unanimously approved the evening meeting minutes from Sept. 7 and Sept. 21 with minor amendments. Donovan requested a statement be replaced in item seven of the Sept 7. minutes. Cleveland requested a statement be modified in item four of the Sept. 21 minutes. Moffet moved and Ruotolo seconded the motion. The fifth item on the agenda was the award of the Vail Information Centers Contract. On a 5-1 vote, with Donovan dissenting, Council approved a committee recommendation to enter into negotiations with the Vail Valley Chamber and Tourism Bureau (WCTB) for a one-year contract to operate the Information Centers, with the contract to expire September 30, 2005. Hitt moved and Ruotolo seconded the motion. Council also requested the Request for Proposal (RFP) process for Visitor Center operation be completed in 2005 by June. The negotiations were to include: Information Center displays, content distribution, monthly accountability summarizing direct bookings from the Information Centers, and hours of operation. Moffet expressed concern that the brief contract period would not create incentive for the operating body to invest in people or capital. In presenting the recommendation, Farrow Hitt stated the Visitor Information Centers Council Subcommittee met on Sept. 28 to interview both respondents to the RFP the Vail Chamber and Business Association (VCBA) and the WCTB. Hitt then announced that based on information from the received RFP's and interviews, it was the recommendation of the Vail Information Centers Subcommittee to recommend the WCTB. Recognizing larger issues remain to be considered, the Council members assigned to this subcommittee further recommended continued discussions with the Town Manager and staff to define more specifically the role of information centers in serving Vail's guests and businesses. The discussions would then culminate in a series of policy decisions to be determined by the full Council. After substantial input from supporters of the VCBA and WCTB, Council agreed to refine the RFP process, crystallize the goals and objectives of the Visitors Centers, and research how other successful visitor centers are operated. Comments made by Council and the public predominantly focused on a "Vail first" vs. "Vail only" philosophy of operations. Rob Levine, Geoff Wright, Pam Stenmark and Tom Backus spoke in support of the WCTB operating the centers. Michael Cacioppo, George Knox, Bill Jensen, Carol Allman, John Kaemmer, Steve Rosenthal, Kaye Ferry, John Gorsuch, and Ghigui Hoffman spoke in support of the VCBA operating the centers. Ruotolo emphasized Council would like to revisit what was expected from the information centers and a new RFP would be utilized next year. Ruotolo stated: "This has nothing to do with confidence in whose running them. It's more about what council wants to see taking place at the information centers." Donovan stated she believed Vail assets be used to promote Vail only, as the information centers were built with Vail dollars. Donovan emphasized her point by stating the information centers contract should be terminated if any guest was found to be sent down valley if the requested service was available in Vail. Cleveland expressed he believed the community is larger than the Town of Vail; however, other local governmental entities have not been willing to spend marketing dollars. Council agreed that investigating and benchmarking other information centers was a good idea and should be pursued. Cacioppo stated he believed Hitt and Ruotolo were wrong to be a part of the Visitor Information Centers Council Subcommittee as their personal ties to the lodging sector in Vail constituted a conflict of interest. He then suggested both recuse themselves from the vote. Matt Mire, Town Attorney, rebutted it was his opinion the two Council members did not have a conflict of interest. The sixth item on the agenda was a Chamonix Property Master Plan Update. Community Information Officer Suzanne Silverthorn reported since July 20, 2004, at the direction of Council, the planning team of Davis Partnership/Michael Hazard Associates had been working to facilitate a master land use plan for the town-owned Chamonix property at 2310 Chamonix Rd in West Vail. The purpose of the planning is to accommodate Council's desire for a future fire station on the property, as well as other potential uses. The planning steps: - A kick-off meeting with the West Vail neighborhood on Aug. 9, in which five key themes were identified; - Development of a series of fire station site plan options; - A residential density analysis showing height relationships and density comparisons to existing properties; - A second neighborhood meeting on Sept. 27 in which the most recent work was shared and comments and suggestions were collected. Silverthorn continued by stating the purpose of the Oct. 5 presentation was to provide an update, answer questions, collect comments from the Town Council, narrow the fire station options to two or three, and describe next steps. Michael Hazard of Hazard Associates then explained the criteria used to develop seven site plan options for the fire station. The options were based on grade, safety, site access, and site usage. Hazard noted three of the seven alternatives require aback-in pull-out solution and virtually all involved in the process, to date, prefer apull-through solution to avoid the use of back up warning beepers, which was considered to be a noise nuisance to the surrounding neighborhood. Moffet, Hitt, and Donovan expressed concern about the size of the proposed fire station, suggesting, among other things, the site plan reduce the number of engine bays from four to two. There were also questions about the appropriate number of parking spaces needed to accommodate the station. Cleveland suggested caution, saying he didn't want to shortcut expansion opportunities, noting neighborhood interest in a community meeting room and the notion of possibly relocating the fire administrative offices to the West Vail station. As for other uses, Moffet and Cleveland expressed interest in two or three-bedroom housing units to accommodate families, as opposed to one-bedroom housing units. The need to further define programming for the fire station facility was acknowledged by Zemler. When asked to narrow the fire station location options to the top two or three, most Council members expressed support for options No. 5 and No. 7. In summarizing a discussion earlier in the day, Slifer noted that while the Council has included construction of a fire station in its five-year capital budget, the town is still working to identify a funding source for operations. He said he's counting on assistance from Eagle County to help fund construction. During the public comment period, Scott Wirth, property manager for the Shell station, expressed a preference for option No. 7, which locates the fire station on the lower portion of the property closest to the station. Option 5, which proposes use of an easement through the Wendy's and Shell property, would create hardships for those businesses, he said. Next steps include development of a series of master plan options for the entire site based on an evaluation of the neighborhood themes, zoning considerations, density ranges, preferred fire station locations, public-private scenarios and land-banking options. A neighborhood meeting has been scheduled for Nov. 1 to review the concepts, followed by Council review on Nov. 16. The seventh item on the agenda was the Appeal of Design Review Board (DRB) Denial of an Application to Allow for a Minor Exterior Alteration (i.e., deck replacement utilizing simulated wood), located at 2685 Bald Mountain Road/Lot 8, Block 2, Vail Village Filing 13. The Council voted 6-0 to overturn DRB's denial of this application. In introducing the appeal item prior to the vote, Chief Planner George Ruther noted on October 16, 2001, the Vail Town Council adopted Ordinance No. 25, Series of 2001, amending the provisions of Section 14-10-D, Building Materials and Design, Vail Town Code. These amendments were "to clarify the existing regulations regarding the use of building materials, to create review criteria for the proposed use of building materials, to codify existing unwritten DRB policies into the Development Standards, to allow the Development Standards to be more responsive to the requirements of building and fire codes, and to allow the Development Standards to be adaptive to changing building material technologies." Title 14, Development Standards Handbook, Vail Town Code, regulates the types of building materials allowed within the Town of Vail. Ruther explained the guidelines encourage natural materials, such as wood, and discourage/prohibit synthetic building materials, although the quality of synthetic wood materials had dramatically increased in the past few years. Acknowledging the merits of these synthetic materials (i.e., low maintenance, mold/decay resistance, fire resistance, etc.), the DRB was reported to have established a consistent policy of approving these materials for use as the horizontal floor elements of outdoor decks. However, the DRB had also acknowledged the aesthetic limitations of these materials and established a consistent policy of not allowing synthetic wood materials to be used for outdoor deck rails, pickets, support columns, steps, fascia, soffit, corbels, trim, etc., according to Ruther. Since the adoption of Ordinance No. 25 numerous decks throughout the Town of Vail had been approved in this manner by both the DRB and the Town Staff, with this being the first time this interpretation of Title 14, Vail Town Code, had been appealed to 4 the Town Council. The Community Development Department recommended Council uphold the DRB's denial of this appeal. However, Council chose to overturn with the following finding: upon review of the evidence and testimony presented, the standards and conditions imposed by the requirements of Title 14, Development Standards Handbook, Vail Town Code, had not been implemented and enforced correctly by the DRB. In making this finding the Council noted it has relied upon the interpretation of the Town's adopted design guidelines by the appointed members of the DRB. During the hearing, appellants Don and Suzanne Marks thanked the council for performing a site visit earlier in the day. Don Marks stated he felt he had discovered a product to remodel his deck that was aesthetically pleasing, maintenance free and ecologically friendly. Marks then expressed dissatisfaction with the appeals process and general disagreement with the ban on simulated wood building materials. Moffet moved to overturn the DRB finding with Cleveland seconding. Cleveland stated he believed the DRB erred in its judgment. The eighth item on the agenda was an appeal of the August 18, 2004 Design DRB denial of an Application for Changes to Approved Plans at the Vail Mountain Lodge located at 352 East Meadow Drive, Tract B/Vail Village 1 Sc Filing. The appeal was withdrawn. The ninth item on the agenda was the Second Reading of Ordinance No. 17, Series of 2004, an ordinance amending Special Development District #4, Cascade Village, to allow for the Creation of Development Area E, located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. On August 3, 2004, Council approved the first reading of Ordinance No. 17, with a condition requiring resolution of issues related to the Protective Covenants of Glen Lyon Subdivision, by a vote of 7-0. On August 17, 2004, Council tabled second reading of Ordinance No. 17 to October 5, 2004, to allow Vail Resorts additional time to resolve the covenant issues. The outstanding covenant issues were not resolved; therefore, Vail Resorts requested second reading of Ordinance No. 17 again be tabled to a future Council meeting. Moffet moved to table the second reading of Ordinance No. 17, to January 4, 2005; Cleveland seconded. The motion passed unanimously, 6-0 The tenth item on the agenda was Resolution No. 20, Series 2004, A Resolution approving the Gore Creek Place Development Agreement between the Town of Vail and the Vail Corporation, D/B/A Vail Associates, Inc., which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek Place Town homes Development Site owned by Vail Associates and Affiliates. Mire recommended a motion to table the item until the October 19, 2004 evening session. Due to a predetermined statutory conflict, Slifer recused himself from the item. Moffet moved and Hitt seconded the motion. Motion passed unanimously 5-0 (Slifer recused). Mire did report that on Oct. 19, both the Gore Creek Place and LionsHead Core Site agreements will be included in the resolution. The eleventh item on the agenda was the Town Manager's Report. - Ice Dome Council voted 4-2, with Slifer and Donovan opposed, to authorize the Town Manager to continue with a bid process to sell the Ice Dome. Moffet moved and Hitt seconded. Brandmeyer reported information on the re-sale value of the Ice Dome had been collected and a timetable for sealed bids had been prepared. A component of the bid process would be an evaluation based on an estimated depreciated value of $375,000. The process would include issuing a public notice on Oct. 6. Bids would then be due on Oct. 27, followed by a bid opening on Oct. 28, and a review by the Town Council on Nov. 2. The town would specify the bubble is to be sold as-is and the town would reserve the right to accept or refuse any or all bids. Brandmeyer announced eight entities had contacted the town inquiring about the pending sale. In response to council inquiries, Hall stated it had been determined the refrigeration system and dasher boards were not appropriate for outdoor use. Brandmeyer then reported the Vail Recreation District would not provide an outdoor ice rink this winter as they would not support activities that do not generate revenue. Council agreed the VRD decision was inappropriate and the town must continue to pursue better recreation alternatives. - Community Meeting Brandmeyer announced the annual community meeting had been set for Thursday, December 30, 2004, at the Donovan Pavilion and staff had already begun the process to apply for a Special Events Permit (e.g., 1 day liquor license for that event). Donovan inquired as to why liquor was served at the event. Brandmeyer responded it had become a custom at the event as it was also social in nature. Council gave direction to continue planning the event as usual. - Joint Council Meeting with Town of Breckenridge Agenda Brandmeyer asked if Council had any items they would specifically care to have included on the joint Town of Breckenridge / TOV Council meeting agenda. Cleveland asked the Council to investigate Breckenridge's art district. Slifer recommended looking at the ice rink. Hitt inquired if Breckenridge operated information centers. Brandmeyer was then directed to explore Nov. 30 as a possible meeting date. - Grant of Utility Easement for Tract B, Vail /LionsHead Third Filing Council authorized the Town Manager to sign permanent utility easements for the construction of utilities within town owned property in LionsHead to allow the relocation of the utilities prior to constructing the Gore Creek Town Homes and LionsHead Core site. Due to a predetermined statutory conflict, Mayor Slifer recused himself from the item. Ruotolo moved and Moffet seconded. The motion passed unanimously, 5-0 (Slifer recused). Donovan requested Vail Resorts be required to restore wetlands if any were compromised in the project. The twelfth item on the agenda was adjournment. The meeting was adjourned at approximately 8:25 p.m. Moffet moved and Ruotolo seconded to adjourn. The motion passed unanimously, 6-0. Respectfully Submitted, i~~..~ -- ~~' 6 Rodney E. Slifer, Mayor ATTEST: %,~'_ ~, / _~-~~ ~2----' Lorelei Donaldson, Town Clerk ..9, rI •r • SE • AL ' ~ ~.. ~~'i~nnuo Minutes provided by Corey Swisher. i' Vail Town Council Evening Meeting Minutes Tuesday, October 19, 2004 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 Rod Slifer. Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan, Farrow Hitt, Kent Logan Greg Moffet Kim Ruotolo, Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Avon Mayor Buz Reynolds, a candidate for Eagle County Commissioner, discussed his platform, noting a desire to increase communications between the county and the towns. Reynolds also introduced his support for afive-member commission for greater representation. Referring to economic development, Reynolds expressed the desire to build an economic climate in the county where children who grow up in Eagle County can return and find opportunity. Addressing I-70 traffic mitigation, Reynolds stated more asphalt is not the answer. He concluded by encouraging Council to continue to support local ski areas in their attempts to improve. Paul Rondeau questioned the upcoming Vail Recreation District (VRD) ballot proposal 5B. This initiative requested bond authorization to fund clubhouse/Nordic Center redevelopment at the Vail Golf Course. Rondeau said any type of long term financing, such as bonds to pay for improvements, would not be retired until after the existing lease of the town-owned property expired. Slifer stated no dialogue with the VRD had taken place regarding financing or lease agreements. Zemler stated he would get back to Rondeau. The second. item on the agenda was the Streetscape Update. Public Works Director Greg Hall announced the new snowmelt system was operational on Lower Bridge Street. In addition, quality control issues were being addressed as they related to pavers. Hall continued, Earl Eaton Plaza was nearly completed and the restrooms were awaiting a certificate of occupancy. Hall also noted pavers on Wall Street would be completed soon and utility work on Hanson Ranch Road would continue while some additional paving on Hanson Ranch and Gore Creek Drive might need to occur. Overall, the project was reported to be on schedule and continuing to move forward. Donovan inquired as to the status of the Pirate Ship Park rebuild. Hall replied preliminary reports, suggested by his eight-year-old daughter, indicated a superior pirate ship structure was being constructed The third item on the agenda was the Pulis Covenant Removal, an Amendment to Covenants, Vail Valley 3~d Filing. Introducing this item, Mire stated the item removed antiquated covenants on two tracts of town-owned property, and the town was acting merely as a property owner. Mire then recommended Council authorize the Town Manager to enter into an agreement to remove the covenants. Slifer recused himself from the item. Donovan stated the covenants are currently a part of design guidelines and inquired as to the actual location of the tracts. Jay Peterson, representing both Vail Resorts and George Lamb, a local real estate broker, identified the town-owned tracts to be located on Sunbird Drive which are subject to avalanche risk. Moffet moved and Ruotolo seconded the motion. The motion passed unanimously, 6-0 (Slifer recused). The fourth item on the agenda was Conference Center Site Planning and Design Update. Community Development Director Russ Forrest informed Council that conference center designers/architects Fentress Bradburn would be providing an update on progress for master planning the site and the design team wanted to review several options before plans are finalized. Forrest also stated the design team would introduce three alternative architectural concepts (alpine traditional, contemporary and natural environment) prior to reviewing them in public meetings scheduled to occur on Oct. 20. Mike Winters, representing Fentress Bradburn, began by explaining illustrated blocking and stacking diagrams for three proposed options. Winters explained the diagrams remained in the developmental stages and more responsive elevation diagrams would be presented in a few weeks. After receiving citizen input, Council agreed the conference center should be viewed as an architectural icon for the town. Council also consented it would make the ultimate determination of what architectural design would be used for the project; however, it was acknowledged community consensus would be an important component in leading to the success of the project. Vehicular access, parking, solar exposure of the meeting rooms and building to the budget, as opposed to building to needs and requirements, highlighted Council dialogue. Council directed staff and the project designers to continue gathering community input on the design concepts. During public comment, George Knox, Paul Rondeau, Gordon Pierce, Bill Jewitt, David Viele and Jim Lamont applauded the project, encouraging Council to continue to harvest and assimilate public input regarding design/costs and building materials. The fifth item on the agenda was an appeal of the September 1, 2004, Design Review Board (DRB) approval of a proposal made by Vail Viking, Ltd. to build a new single family residence ("Keck Residence") located at 4916 Juniper Lane/ Lot 4, Block 5, Bighorn 5th Addition, by the owners of 4839 Meadow Drive/Lot 17, Block 5, Bighorn 5th Addition, Robert and Kathryn Valleau. Council upheld, by a vote of 6-1 (Donovan opposed), the DRB's unanimous decision to approve the proposed new residence located at 4916 Juniper Lane/Lot 4, Block 5, Bighorn 5t" Addition, as the design met the criteria of the Design Guidelines and the Development Standards Handbook of the Vail Town Code. Moffet made the motion and Ruotolo seconded. Donovan based her opposition on matters she believed went beyond the specific criteria of DRB guidelines. The appellant, Robert Valleau, made a presentation of the reasons behind his request to overturn the DRB approval and cited different decisions made by the DRB as the project has evolved through the process. Dominic Mauriello, the representative for Vail Viking Ltd., the applicant, made a presentation in support of the proposed Keck residence and demonstrated its compliance with all of the design guidelines and development 2 standards. Wendell Porterfield, also representing Vail Viking Ltd., spoke in favor of upholding the appeal and questioned the validity of a Valleau petition because it was presented at a separate PEC hearing and action. Citizen input was given which supported both sides of the issues involved and Council ultimately upheld the DRB decision. Bill Pierce, neighbor, architect for the project and DRB member spoke in favor of the DRB decision and encouraged Council to uphold the decision. James Fitz, local horticulturalist, questioned the survivability of proposed vegetation on the site. Tony Rieson, Richard Leslie and Maurey McContney spoke in support of the Valleau appeal. The sixth item on the agenda was the first Reading of Ordinance No. #24, Series of 2004, an ordinance establishing Special Development District (SDD) No. 38, Manor Vail Lodge.The purpose of the new SDD is to facilitate the redevelopment of the Manor Vail Lodge, located at 595 Vail Valley Drive. Upon review of the request, the PEC voted to forward a recommendation of approval of the request to establish Special Development District No. 38, Manor Vail Lodge, to the Vail Town Council. Senior Planner Warren Campbell announced the applicant was proposing to utilize town owned tennis courts for staging of construction materials, located on the parcel of land adjacent to Manor Vail Lodge along Vail Valley Drive and in return the applicant would resurface the courts. Campbell also explained the new development would encroach 34 square feet into town owned stream tract. Representing East West Partners, Chuck Madison articulated what he believed to be advantages to the town that the Manor Vail Lodge development/redevelopment would provide. Representing Zehren and Associates, Brian Sipes provided a visual presentation of the proposed development/redevelopment. Sipes went on to say the 17 new units would facilitate redevelopment funding fora 40 year old property. Madison and Sipes also stated allowing the staging on the tennis courts would allow the project to be completed quicker and require fewer construction vehicle deliveries. Vail Village Homeowners Representative, Jim Lamont, spoke in favor of the project. Representing the All Seasons Condominiums Association, Christelle Beck articulated the project would be disruptive to the surrounding neighborhood. Logan communicated he felt the project would create a much needed visual improvement to the area. Moffat and Donovan expressed concern regarding the ability to include new condominium units in the town's "hot bed" rental pool. Hitt stated he did not want to set a precedent by allowing for stream tract intrusion. Council also asked for an investigation of possible impact fees for parking clubs. Council then questioned the proposed public improvements surrounding the master planning and streetscaping of the abutting thoroughfares, Chalet Road and Gore Creek Drive. Donovan asked if town staff could provide design/survey services so the majority of capital provided for public improvements could be used for construction. Town staff, Madison and Sipes assured Council all concerns would be addressed. Ruotolo moved to approve the ordinance with Logan seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was Resolution No. #20, Series 2004. A resolution approving the Gore Place Development Agreement between the Town of Vail, the Vail Reinvestment Authority and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation, pertaining to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek owned by Vail Associates and Affiliates. Council unanimously approved the resolution 6-0, as Slifer recused himself from the item. Moffat moved the motion with Ruotolo seconding. The eighth item on the agenda was the first reading of Ordinance No. #22, Series 2004. Adoption of Core Site Development Improvement Agreement between the Town of Vail the Vail Reinvestment Authority and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Core Development Site owned by Vail Associates and Affiliates. Council unanimously approved the ordinance 6-0, with Slifer recused. Moffet moved and Hitt seconded the motion. Jay Peterson, representing Vail Resorts, requested a financing contingency be placed in the agreement related to adequate pre-sales and other factors. Council then expressed gratitude for town staff's diligent work in the lengthy negotiations leading up to the ordinance. Logan then gave thanks to Vail Resorts for their significant private investment. Moffet moved, with Hitt seconding, amending the motion to add the financing contingency to the agreement. The Vail Reinvestment Authority approved two Development Improvement Agreements contingent upon Council approving Resolution No. #20 and Ordinance No. #22. The ninth item on the agenda was Resolution No. 21, Series 2004, a resolution approving the Parking Capital Investment Agreement between the Town of Vail and Vail Associates. Mire stated Vail Associates had agreed to invest up to $4.3 million to augment the town's public parking capability, pursuant to the terms and conditions contained in the Agreement and the Agreement could not become effective until it had been adopted and approved by the Town Council via resolution. Moffet moved to approve the resolution with Ruotolo seconding. The motion passed unanimously, 7-0. Then tenth item on the agenda was the Town Manager's Report - Skateboard Park Zemler and Mire stated the skate park structure had been condemned, and in the 2005 budget overview, staff is recommending returning the issue of a permanent skate park to the Capital Committee for site recommendation, as well as moving the 2007 RETT funding forward to 2005 for design and 2006 for construction. Moffet recommended Council make a site visit to Aspen's skate park. Other Council members mentioned there are several other well-designed skate parks more locally located. Zemler asked for input as to a possible location for a new skateboard park in Vail. - Outdoor Primitive Ice Skating Surface Zemler announced at the Capital Committee meeting on Oct. 7, direction was given to the staff of both the Vail Recreation District (VRD) and TOV to assemble cost estimates for an outdoor ice surface adjacent to the golf course clubhouse. Additionally, Council received input from a VRD board member following VRD's discussion Oct. 12, with further clarification from Jody Blackburn, VRD's finance director. It was possible these costs could be reduced considerably for this upcoming season if: a) --Dasher boards are eliminated and a natural snow berm is created. b) --Grass seed or artificial sod (1 time cost) is used rather than regular sod. c) --Under the "Electrical" category, the first two items in re: to switch gear and lighting panel are already to be eliminated as this was work that would have to have been completed to bring the facility up to code only if the bubble went back up. It is not required for an outdoor ice surface only. 4 d) --Under labor, the proposal for VRD to supply three workers and the town five workers. With direction from Council, town employees can be used for this project but will be displaced from work assignments already in place. In the past, as well, staff has been asked to give an overall effective cost to the town, which is why the labor is included. Brandmeyer then explained elimination of the above materials would amount to $16,230 in savings. She further communicated the VRD stated they would utilize $5,000 identified for Ice Dome storage if the aforementioned item was sold. Zemler ended the discussion by stating he did not recommend utilizing significant town staff time or resources to maintain a second sheet of ice based on the fact the VRD has a specific mission to provide such recreational amenities and the town did not. Donovan reinforced Zemler's statement by noting what she described as lip service from the VRD. Slifer then stated the Nov. 2 evening meeting start time may change due to community interest in watching the presidential election returns. The eleventh item on the agenda was adjournment. The meeting was adjourned ai approximately 11:15 p.m. Moffet moved and Ruotolo seconded to adjourn. The motion passed unanimously, 7-0. Respectfully Submitted, ~~~ ~~~~. _~. Rodney E. Slifer, Mayor ATTEST: i ~~C~, ~, f ~° F. Vq'~`~, >: ~ •.. L' ~A S ~~o~o~.~ Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. • Vail Town Council Evening Meeting Minutes Tuesday, November 2, 2004 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 Rod Slifer. Members present: Dick Cleveland, Mayor Pro-Tem Diana Donovan, Farrow Hitt, Kent Logan Greg Moffet Kim Ruotolo, Rod Slifer, Mayor Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager • The first item on the agenda was Citizen Participation. There was no citizen input. The second item on the agenda was Streetscape Update. During an update on the Village streetscape projects, Public Works Director Greg Hall announced paver work would be completed by the end of that week and corrective paver work on lower Bridge Street would begin the next week. Hall noted the majority of all paver work would be completed by the end of the next week. Hall then announced Mill Creek flow and the majority of Meadow Drive storm sewer improvements would be completed that week, with shallow utilities being completed early the next week. Hall ended by stating work begins on prepping Meadow Drive for paving the week of Nov. 15, and siding was being placed on the bow and stern of the ship at Pirate Ship Park. Donovan expressed concern regarding the placement of a streetlight on Bridge Street. Slifer inquired about some of the art sculptures in Earl Eaton Plaza. The third item on the agenda was the Consent Agenda. Council unanimously approved the evening minutes from Oct. 6 and Oct. 19 with minor amendments. Donovan requested statements be amended on items five and seven of the Oct. 5 minutes, and item six of the Oct. 19 minutes. Moffet moved, with Cleveland seconding. The fourth item on the agenda was a Conference Center Update. Council voted 5-2, (Donovan and Hitt opposed), to narrow a list of qualified general contractors for construction of the Vail conference center and to issue a request for proposal to the three remaining firms. Also, the Council asked for an independent review of the financial data provided by the team of J.L. Viele and Shaw Construction. This team did not make the final cut. Moffet moved with Logan seconding. The list of contractors who were asked to submit proposals include the following: Hansel Phelps Construction, Hunt Construction Group/Hyder Construction, and M.A. Mortenson Company. The owner's representative for the project, Chris Squadra of Architectural Resource Consultants • r1 LJ (ARC), explained the recommendation of the three companies was based on a predetermined ranking schedule using nationally recognized standards. Jim and David Viele, representing Viele Construction, expressed concern over the financial ranking process utilized by ARC. Scott Proper, Conference Center Oversight Committee member, also expressed concern over the ethics of the financial analysis. The fifth item on the agenda was Ice Dome Bids. After discussion of various placement and usage options, Council unanimously approved, 7-0, storage of the Ice Dome for an additional year, while authorizing Town Manager Stan Zemler to explore the value of the individual components of the Ice Dome structure (refrigeration system, dasher boards, fabric structure) for future sale. Moffet moved and Cleveland seconded the motion. The decision followed an attempt by the town to solicit sealed bids for the facility, which resulted in two proposals. Both offers were well below the $375,000 value established by the town. Zemler previously asked Council if there was a general opinion regarding placement of the bubble in Eagle-Vail under the auspices of an intergovernmental agreement. A consensus was not developed. Assistant Town Manager Pam Brandmeyer presented options regarding the use/storage/sale of the Ice Dome including: store the structure for an additional year; re-advertise; defer any action until the Vail Recreation District (VRD) election; consider Western Eagle County Metropolitan Recreation District (WECMRD) bid for one dollar; or consider Valley Wide Ice Users Alliance (VWIUA) bid for $75,000. Brandmeyer concluded by stating she had spoken with a consultant regarding the structure and was informed maximum return would potentially be achieved by separating the structural components for sale individually. Hall stated the structure could still be erected in the 2004 year; however, seasonal weather would make it very difficult and subsequently cost prohibitive. The sixth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's approval of a conditional use permit application, pursuant to Section 12-7B-4B, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1St Filing. At the request of the appellant, Council unanimously approved, 7-0, to table the item until Nov. 16. Moffet moved and Cleveland seconded the motion. The seventh item on the agenda was the First Reading of Ordinance No. #25, Series of 2004, 2005 Budget Ordinance. In preparation for adoption of the 2005 Town of Vail budget, Finance Director Judy Camp presented five-year projections for the General Fund, Capital Projects Fund, and Real Estate Transfer Tax (RETT) Fund. The projections reflected healthy balances in the General and RETT Funds, but a deficit potentially occurring in 2006 for Capital Projects. Camp then presented two potential scenarios to address the 2006 Capital Projects deficit: Option A proposed using RETT dollars for the following recreational facilities: - Reimbursing the Capital Projects Fund for previously-incurred capital costs of the ice dome. - 2004 capital costs for the Red Sandstone Multi-Purpose Recreational Facility. - 2004 and future capital costs for the Dobson Ice Arena. - Future year capital costs for Americans with Disabilities Act (ADA) compliance for facilities operated by the Vail Recreation District. The total transfer under option A was $1,755,205, which allowed for full funding of all projects included in the Capital Project Fund projection through 2007, with a shortfall in 2008 but a return to a positive balance in 2009. Option B involved transferring reserves .] • from the General Fund to the Capital Projects Fund. Council had established a guideline for the General Fund balance to be a minimum of 35% of revenue during the five-year planning horizon. A transfer of $1,150,000 in 2004 would reduce the General Fund balance from 41% of revenue in 2004 to the 35% minimum in 2009. This option provides full funding of all projects included in the Capital Projects Fund projection through 2006. Council voted 5-2 (Donovan and Hitt opposed) to direct staff to develop a final budget including both options. Moffet moved and Ruotolo seconded the motion. Donovan and Hitt questioned the use of RETT funds for ancillary recreational purposes. Town Attorney Matt Mire agreed to seek a second opinion on the appropriate use of RETT funds. Staff was also asked to return with a funding proposal for "Vail America Days" and "Holidays in Vail." In reviewing the proposed Conference Center Fund budget, Logan pointed out project design and consulting costs included in the 2004 and 2005 budgets would be reimbursed from bond proceeds when bonds are issued. Camp confirmed the budget proposal before Council is for the purpose of appropriating only those costs that will be incurred to reach a go/no go decision on construction and financing of the conference center. In response to a comment from Donovan, Logan confirmed there will likely be annual deficits from the operations of the conference center, which is one of the risks of such a project. Moffet recommended the town reinstitute funding fora "Tipsy Taxi" service, as he believed the .08 blood alcohol driving restriction has impacted the volume of down valley citizens enjoying Vail's night life. The eighth item on the agenda was the first reading of Ordinance No. #26, Series of 2004, an ordinance amending Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, adding "temporary business offices" as a conditional use in the LionsHead Mixed Use 1 zone district. Council unanimously approved, 7-0, an ordinance temporarily allowing "temporary business offices" on the first floor of LionsHead Mixed Use 1 zone district for three years. Cleveland moved and Moffet seconded the motion. This was an effort to facilitate the continued operation of displaced businesses caused by LionsHead redevelopment. Moffet and Donovan questioned whether the ordinance was brought forth solely for redevelopment. Jay Peterson, representing Vail Resorts, stated the ordinance was requested to allow a three year conditional use approval to enable Vail Resorts to secure long term, yet temporary office space through the construction period. Although discussed and considered, it was determined it would be too cumbersome to apply the ordinance to other zone districts throughout the town, in an effort to ease staff and council time investment during redevelopment. Council also emphasized the ordinance is tied to the LionsHead redevelopment as opposed to an individual entity. The ninth item on the agenda was the second reading, Ordinance No. #22, Series 2004. Adoption of Core Site Development Improvement Agreement (the "Agreement") between the Town of Vail (the "Town"), the Vail Reinvestment Authority (the "Authority") and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation ("Vail Associates"), which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Core Development Site owned by Vail Associates and Affiliates. Council unanimously approved the motion 6-0. Due to a predetermined statutory conflict, Slifer recused himself from the item. Moffet moved with Ruotolo seconding the motion. The tenth item on the agenda was the second reading of Ordinance No. #24, Series of 2004, an ordinance establishing Special Development District No. #38, Manor Vail Lodge. The item was tabled as the applicant and staff continued to work on the final language of the • • Development Improvement Agreement as directed by Town Council. Moffet moved with Logan seconding the motion. The motion passed unanimously, 7-0. The eleventh item on the agenda was the Town Manager's Report. - Vail Valley Athlete Commission Town Manager Stan Zemler announced funding recipients from the Vail Valley Athlete Commission, which is funded jointly by Beaver Creek Resort Company, Vai! Resorts, Vail Valley Foundation and the Town of Vail. The recipients are: Sarah Schleper, $5,250; Julie Littman, $2,750; Stacia Hookom, $2,500; Steven MacCutcheon, $2,250; Nathan Asoian, $1,250; Clair Bidez, $1,000; Dylan Bidez, $1,000; Lisa Isom, $1,000; Kevin Hochtl, $500; and Deacon Maloney, $500. - Council Contributions Council had previously asked the following questions surrounding the Bravo! Vail Valley Music Festival funding request: 1) If Vail is a major contributor to this summer residency, why is Bravo! hosting presentations at libraries other than the town's, e.g., Avon, Eagle, etc.; and 2) If Vail is a major contributor to this summer residency, why is Bravo! housing musicians at a hotel outside the Town of Vail? In a document provided to the town by Bravo, the following explanations were provided: All three resident orchestra members are unionized, and as such, housing must meet a number of criteria. The Vail Marriott Resort, Vail Cascade Hotel and Spa, and Park Hyatt Beaver Creek • were the only local hotels that met their needs. The Antlers at Vail serves the need for suites. When the festival initiated its three-year agreement, the Hyatt offered the lowest bid plus the added value of across-promotional campaign with their New York sister properties. It was only through the festival re- approaching the Vail properties and negotiating over the next year that the Vail Marriott and Cascade met the bid price. As a further note, Vail library staff stated they will be delighted to host four children's concerts at the Vail Library this coming summer. The eleventh item on the agenda was adjournment. The meeting was adjourned at approximately 9:45 p.m. Moffet moved and Ruotolo seconded to adjourn. The motion passed unanimously, 7-0. Respectfully Submitted, ~'• ~: f.. ~ ~ j S~'AL Rodney E. Slifer, Mayor '•. .•~O ATTEST: COLON' 4~- • 4 .~ • Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. C] 1~ u • Vail Town Council Evening Meeting Minutes Tuesday, November 16, 2004 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-Pro-Tem Dick Cleveland. Members present: Dick Cleveland, Mayor Pro-Tem Diana Donovan, Farrow Hitt, Kent Logan Greg Moffet Kim Ruotolo, Rod Slifer, Mayor (arrived at 6:30 p.m.) Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. • Joel Heath, Vail home and business owner, asked Council to explore affordable small business incubator locations. Heath qualified his statement by articulating the town needs to bring year-round businesses back to Vail and to make the town a place where up-and-coming businesses would want to locate. Moffet announced he would like the town to wish Michelle Cahill good health and well being as she had been recently injured in a snow blower accident. The second item on the agenda was a Village streetscape Update. Public Works Director Greg Hall stated he would be providing the last streetscape update for the year as construction would be completed by the end of the week. Hall then thanked project coordinators Scott Bluhm and Todd Oppenheimer as well as East Meadow Drive coordinator Jim Boyd, with the Eagle River Water and Sanitation District (ERW&SD), on their successful efforts and hard work. Logan then thanked town staff and reinforced his previous statement that construction occurred with a minimum of disruptions, enhancing the town's credibility to be able to complete Vail's redevelopment efforts. Representing East Meadow Drive property and business owners, Rick Scalpello expressed gratitude to the streetscape contractors, ERW&SD and town staff for a job well done. Scalpello then asked Council to become more involved in the upcoming streetscape design so as not to hinder progress, as he believed occurred in the past. To facilitate this, Scalpello recommended the expansion and scope of the streetscape Design Committee or a new committee be created. The third item on the agenda was a Conference Center Update. Community Development Director Russell Forrest stated staff would like more time to review public • -1- r LJ input received to date on the three architectural design concepts for Vail's new conference center as well as proposed next steps. Forrest continued by stating staff anticipates forwarding a recommendation from the Conference Center Oversight Committee on the architectural direction, adoption of a master plan for the conference center/Lionshead Parking structure area, and governance of the facility at the Council's Dec. 7 meeting. More specifically, Forrest reported staff was taking additional time to review traffic flow and eventually the master plan for the site. Logan inquired as to when a maximum guaranteed price would be received for the proposed facility. Forrest answered the town would know by February 2005, and staff remained aware of rising interest rates and sales tax revenues as they would ultimately impact the funds available for project start-up. The fourth item on the agenda was a Chamonix Property Master Plan Update and a request to proceed through the Town of Vail development review process for the Town- owned Parcel located at 2310 Chamonix Road/Tract D, Vail Das Schone Filing 1. The Council voted 7-0 to direct staff to go through the town's development review process to adopt a land use plan for the town-owned Chamonix property. In so doing, the Council also asked to reserve the option to issue an RFP (request for proposal) for potential development on the property. Moffet moved and Logan seconded the motion. Public Information Officer and Project Coordinator, Suzanne Silverthorn announced the immediate next step is to develop a timetable for review of the proposed land use plan by the Planning and Environmental Commission (PEC). During an overview, Silverthorn noted in July 2004, the Council authorized the Town Manager to hire the planning team of Davis Partnership/Michael Hazard Associates to facilitate a master land use plan for • the property. The town initiated the planning process to determine how best to accommodate a future fire station on the 3.6 acre parcel, as well as other compatible uses. She said the work has included preparation of seven site plan options for a future fire station on the property, which has since been narrowed to two options following a series of neighborhood and Town Council discussions. In addition, she said a recommended Land Use Plan defining four main areas was created showing location of afire station on the southernmost portion of the property, a development zone in the middle of the parcel, an open space zone to the north which would buffer the development area from the existing neighborhood, and recreation areas located on the east and west sides of the property to accommodate neighborhood uses. Scott Nevin with Hazard & Associates provided a brief overview of the planning process. Hank Saipe asked if an RFP would be issued for any potential commercial development. Neighborhood representative, Bob Armour, stated medium density multi-family zoning appeared most appropriate for the tract with housing units being occupied by people who live and work in Vail. He continued by communicating the neighborhood is not interested in mixed use and a retail demand study would be warranted. Hitt stated high density usage of the lot would be unacceptable. Ruotolo thanked those who attended the neighborhood meetings. Jim Lamont, Vail Village Homeowner's Association, articulated town sub-centers are important to the vitality to the community, also stating he would be concerned if Council moved too quickly with the master planning process. The fifth time on the agenda was an Appeal, pursuant to Section 12-3-3, Vail Town Code, of the Town of Vail PEC's approval of a conditional use permit application, pursuant to Section 12-76-48, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the VistaBahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1~ Filing. The Council voted 6-1 (Slifer opposed, Logan attempted to abstain but pursuant to town charter a vote in the affirmative was cast) to uphold a • -2- n ~~ PEC and Design Review Board (DRB) decision to approve a conditional use permit to allow for an outdoor dining deck at the VistaBahn Building. Moffet moved and Ruotolo seconded the motion. Slifer dissented as he believed the deck would add to what be believed was a noise problem. Logan stated he was disappointed in both parties as they could not settle the dispute by themselves. Council did modify the approval, designating mandatory maximum hours of operation for the deck. The deck is only to be used from 9:00 a.m. to 9:00 p.m. Representing the applicant, Bridge Street Lodge Condominiums Homeowner Association, Paul Frank stated noise and vibration coming from the adjacent VistaBahn building was unacceptable. Frank continued that although the appeal concerned a conditional use variance regarding a deck, the deck would subsequently add to the aforementioned noise and vibration. Frank asked Council to consider three options: approve the application as it is was provided to the PEC and DRB and add to the already existing problem; add conditions to the approval referencing timing issues and additional buffering; or refer to an alleged view easement violation involving the Christiana. Acting as a witness for the appellant, Jim Lamont stated the buildings are not being used for their original purpose, ultimately leading to noise issues, and he encouraged Council to revise the town noise code. Bridge Street Condominium owners, Rob and Pete Bissegger, asked Council to reverse the PEC decision as noise coming from the VistaBahn building disrupts the enjoyment of their units and an outside deck next door would only proliferate the problem. Rick Mueller, VistaBahn Building owner, stated he was not aware of any problems with adjacent property owners, and the owner of the Tap Room and Sanctuary, Steve Kaufman, had taken measures to lower the level of noise being produced in those establishments. Kaufman reiterated Mueller's comments and continued the Tap Room and Sanctuary added to Vail's economic and • social vitality. Mueller, Kaufman, and advisor Terrill Knight emphasized the issue at hand was the approval of a deck, as opposed to a noise grievance. Ron Riley, owner of Los Amigos, spoke in support of Kaufman. PBuI and Sally Johnston, owners of Christiania Lodge, spoke in support of the Bridge Street Homeowner's Association. The sixth item on the agenda was the first reading of Ordinance No. # 30, Series of 2004, the Town of Vail amending Title 3, Chapter 6, of the Vail Town Code regarding the CSE. The Council voted 7-0 to unanimously approve first reading of an ordinance amending establishment of the Vail Commission on Special Events (CSE) as it pertains to appointments and qualifications. Moffet moved and Cleveland seconded the motion. Assistant Town Manager Pam Brandmeyer explained the CSE had required three members of the five-member board represent specific areas of the business community, with the additional two appointed at-large. In addition, the current ordinance contained a self imposed conflict of interest provision which was not imposed on other town boards and is unique to the CSE. Brandmeyer continued by stating in the past several months, various voting members have had to resign due to conflicts of interest. Brandmeyer noted by expanding the board from five to seven members, deleting the self imposed conflict of interest provision, and having all members appointed at-large, as proposed in the amended ordinance, the Council would be able to attract members of the community who have expertise in special events and would allow the board to function like other Town of Vail boards. Rick Scalpello, a former CSE member, stated he believed the CSE should be held to a higher standard than other town boards as the CSE provides funding. Subsequently, he asked and received support from Council to include a provision in the ordinance requiring a vote of four or more members for approval. Donovan and Cleveland noted Sybill Navas' role as the town-employed special events coordinator has greatly improved the effectiveness of the board. The Council also • -3- LJ agreed extra effort should be made to make the CSE coordinator the sole contact for special event requests. The seventh item on the agenda was the second reading of Ordinance No. #24, Series of 2004, an ordinance establishing Special Development District No. 38, Manor Vail Lodge. The Council unanimously approved, 7-0, an applicant request to table second reading of the Manor Vail Special Development District until Dec. 7 to facilitate the development of an incentive program for the proposed new condominium units to be included in the town's "hot bed" rental pool. Moffet moved with Ruotolo seconding the motion. The eighth item on the agenda was the second reading of Ordinance No. #26, Series of 2004, an ordinance amending Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, adding "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 zone. The Council voted 7-0 to unanimously pass second reading of an amended version of the ordinance in an effort to facilitate the continued operation of displaced businesses caused by the LionsHead redevelopment. Moffet moved and Hitt seconded the motion. Language was added to the ordinance to prevent displaced offices from displacing retail businesses. Representing Vail Resorts Inc. (VRI), Jay Peterson, stated VRI was considering the previous Verbatim space in Lionshead. The ninth item on the agenda was the first reading of Ordinance No. #27, Series 2004, an Ordinance making supplemental appropriations to the 2004 Budget, Supplemental • Appropriation No. #3. The Council unanimously approved first reading of this ordinance making one amendment to what was originally proposed. Moffet moved with Logan seconding the motion. Council requested a $65,000 Multi-Use Recreational Facility project expense be funded from the General Fund as opposed to the Real Estate Transfer Tax (RETT) Fund. The tenth item on the agenda was the first Reading of Mill Levy Certification, Ordinance No. #28, Series 2004. Council unanimously approved first reading of an ordinance to set the town's mill levy at 4.70780. Finance Director, Judy Camp, began by stating mill levy assessments must be certified to the county for collection annually; this ordinance authorizes certification. She noted revenues were not actual, only an estimate, as Eagle County had not yet provided final assessments. Greg Moffet asked if revenue collected from property tax would be more or less than the previous year. Camp answered property tax assessments were lower, particularly for some commercial properties involved with redevelopment, subsequently leading to less revenue. Council members noted the town's property tax represents just five percent of the overall municipal budget. The eleventh item on the agenda was the second reading of Ordinance No. #25, series of 2004 Budget Ordinance. Council unanimously approved second reading of the Fiscal Year 2005 budget ordinance as recommended by the Town Manager. Moffet moved with Logan seconding the motion. The following summarizes the town's proposed 2005 expenditures: General Fund $22,774,746 Capital Projects Fund $10,914,654 Real Estate Transfer Tax Fund $ 5,800,407 Conference Center Fund $ 871,820 • -4- n ~~ Vail Marketing Fund $ 295,400 Debt Service Fund $ 2,317,799 Heavy Equipment Fund $ 162,971 Health Insurance Fund $ 2,082,500 Dispatch Services Fund $ 1,692,691 Total Before Interfund Transfers $48,912,988 Less Interfund Charges and Transfers $ 7,462,821 Net Expenditure Budget $41,450,167 Diana Donovan noted the annual budget is one of the most important functions Council oversees and it was disappointing only two persons other than town staff were present for the public hearing. She then inquired as to the status of planning regarding the construction, maintenance and operating costs of the proposed West Vail Fire Station. Zemler answered research continued. In response to a question earlier in the day, Zemler stated he would explore the decision-making process for release of project funding by the 911 Authority. The twelfth item on the agenda was the Town Manager's Report Request for Donovan Pavilion donation. Brandmeyer explained the local non-profit Youth Foundation had requested donation of one day of free use as a potential auction item for a fundraiser. Brandmeyer noted it was the Donovan Pavilion subcommittee's recommendation to deny • the request. With over 70 not-for-profits in the county, approving the request would set a risky precedent that could seriously erode the bookings of the facility, she said. Brandmeyer then forwarded a suggestion she had received of a potential lottery for a free day of use of the Pavilion to be drawn from among the 70-plus non-profits. Cleveland stated Council utilizes a process to evaluate contributions and the matter should be considered against the criteria. On another matter, Cleveland thanked Zemler and his staff for the diligent work, easily understandable budget presentations and ultimately successful budgetary decisions. The thirteenth item on the agenda was adjournment. The meeting was adjourned at approximately 9:00 p.m. Respectfully Submitted, ,. ~- Rodney E. Slifer, Mayor ATTEST: • -S- • • 1 ,. ~~~ ~~ • - OWN p~, v'V Lorelei Donaldson, Town Clerk '~ • '•q~r SEAL Minutes provided by Corey Swisher. C'~~ or~D°~ • i .. i~ Vail Town Council Evening Meeting Minutes Tuesday, December 7, 2004 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 Rod Slifer. Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan, Farrow Hitt, Kent Logan Greg Moffet Kim Ruotolo, Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was citizen Input. Michael Cacioppo announced he would be leaving the Vail Valley for the winter and moving to Playa del Carmen, Mexico, to begin a new Internet travel company. Mark Gordon, Vail resident, thanked all involved with the Middle Creek affordable housing project as he thought their efforts were worthwhile. Gordon stated comments he has gathered around the community have been positive and the building itself is proof the town cares about its citizens. The second item on the agenda was an Eagle County Schools Update. John Brendza, Superintendent of Eagle County School District RE50J, reported the district is currently re-doing its marketing efforts, and as a part of that undertaking, is reaching out to all the municipalities and quasi-governmental organizations to "open the doors to communication." Brendza stated the district has many initiatives underway and it wants to be an active partner in the community. Cleveland inquired as to if the district was undergoing a new bond initiative. Brendza responded the district was focusing on the effective use of existing facilities and no bond initiatives were planned at this time. Moffet thanked Brendza for the district's participation in the recently undertaken Gymnastics Center next to Red Sandstone Elementary School in Vail. The third item on the agenda was a presentation and request for funds from the Vail Recreation District. Following a presentation by representatives from the Vail Recreation District earlier in the afternoon, the Council tentatively agreed to evaluate a request for making repairs to the Ford Park clay tennis courts. Nino Licciardi and Peter Cook, VRD Board Members, had provided a recent financial analysis of the District's revenues and expenditures. They stated the District would require the use of tax anticipation bonds to operate through March in the 2005 fiscal year. Licciardi and Cook also stated the VRD does not maintain a capital reserve budget or capital reserve funds. The VRD Board Members also retracted a request for the town's financial assistance (50%) in providing a free outdoor ice rink at the Vail Golf Club driving range. VRD requested Real Estate Transfer Tax funds be used for capital repairs on the tennis courts, per the TOV/VRD lease of 12/21/93. It was reported the courts require substructure (irrigation) and fencing repairs be made for an estimated total cost of $60,000, as the south side foundations are beginning to give way. Zemler asked if a Council consensus existed regarding the repair of the courts. Council gave direction to pursue another evaluation of the courts, and if capital maintenance was required, new estimates and bids be received under the town's supervision. Moffet stated he believed the town was obligated to make the repairs if they were structural. Ruotolo suggested asking the town engineer to verify the nature of the problems. Donovan said she was not comfortable granting approval until town staff confirmed the problem. Slifer and Hitt thanked the VRD for creating a primitive outdoor ice rink at the golf course. The fourth item on the agenda was a presentation on the Architectural Direction on the Vail Conference Center. Council voted 6-1, (Donovan opposed) to approve the Conference Center Advisory Committee (CCAC) recommendation to accept the "Architectural Vision Inspired by Nature" as the concept to be pursued in design of the Conference Center. Moffet moved and Logan seconded the motion. Donovan voted against the motion, stating she believed it was an "orchestrated outcome." Community Development Director Russell Forrest reported after reviewing the public input and the associated costs with each of three proposed designs, the recommended option would create an outstanding architectural structure. The materials as envisioned by the design team (Fentress Bradburn) would utilize "mountain materials" such as heavy stone and timbers. Forrest further elaborated when people come to Vail they expect quality and want to know they are in Vail. "This design makes that connection to the surrounding environment." Project architect Kurt Fentress also recommended selection of the organic design concept. He stated the architecture would help with marketing because it is new and fresh. Fentress further elaborated the design would create a group of civic buildings that are more common to each other, as Dobson Arena and the town library are located in near proximity. Donovan and Ruotolo expressed concern some CCAC members felt intimidated and forced to vote for the organic design. Slifer and Jim Lamont of the Vail Village Homeowners Association stated the public process surrounding the Conference Center development was as open as either had experienced in their involvement with the town. Forrest reported Council may receive architectural models of the project as soon as January, 2005. Local resident Paul Rondeau asked if environmental efficiency considerations would be factors in the center's design. Representing Architectural Resource Consultants (ARC), Chris Squadra replied that the center would be a masterwork of innovation, focusing on environmental responsibility and sustainable design. Rick and Gwen Scalpello expressed concern and urged caution to Council as they guided themselves through the development process. Bill Jewitt spoke in support of design number three. Jim Lamont, representing the Vail Village Homeowner's Association, asked Council to delay their decision so as to allow the inclusion of second homeowner's opinions in the public process, when they arrived in late December. The fifth item on the agenda was discusson and approval of the Current Ford Park Paid Parking dates for the 2005 Summer Calendar. Council unanimously approved, 7-0, the proposed parking plan. Cleveland moved and Moffet seconded the motion. Ruotolo and Donovan questioned why the town would charge at the Ford Park lot at the same time when the parking structures were free to utilize. Staff clarified parking fees were imposed 2 to ensure available parking access to multiple groups utilizing the park simultaneously. Acknowledging concerns expressed by Donovan, Ruotolo and Slifer requested Zemler investigate possible parking management alternatives prior to establishing a 2006 parking plan for the park. Donovan encouraged better signage be provided for guests when the Ford Park lot is full. The sixth item on the agenda was the first reading of Ordinance No. #23, Series 2004. An ordinance amending the Vail Town Code regarding the jurisdiction of the Town of Vail Municipal Court. Council unanimously approved the Ordinance, 7-0, with In introducing the ordinance, Town Attorney Matt Mire noted a recent Colorado Supreme Court case Town of Frisco v. Baum, 90 P. 3d 845 (Colo. 2004), has possibly expanded the jurisdiction of the municipal court in certain home rule municipalities who have adopted charter language granting themselves "exclusive and original" jurisdiction. More specifically, the Supreme Court's decision upheld the ruling of the District Court, that it lacked jurisdiction over a C.R.C.P. Rule 106 appeal of a zoning decision and that such cases are the jurisdiction of the municipal court. Since the Town of Vail has also adopted such charter language and since town staff has indicated the municipal court is not the proper venue for these matters, Ordinance 23, 2004, was created to limit the jurisdiction of the Town of Vail Municipal Court to handling criminal matters. Council passed the motion unanimously, 7-0. Moffet moved and Cleveland seconded the motion. The seventh item on the agenda was the first reading of Ordinance No. #31, Series of 2004, an Ordinance Amending Section 12-11-4, National Pollution Discharge Elimination System, Section 12-11-6, Erosion Control, and Section 14-6, Grading Standards. Council unanimously approved, 7-0, a staff request to table the item until January 4, 2005. Moffet moved and Ruotolo seconded the motion. The eighth item on the agenda was the first reading of Ordinance #32, Series of 2004. An ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., that public right-of-way constituting those portions of Red Sandstone Road contiguous to either Tract A or Tract B, South Frontage Road Subdivision. Council unanimously approved, 7-0, to grant the vacation on first reading. Mire announced the vacation was only one small aspect of a larger land swap occurring between the town and Vail Resorts. Representing Vail Resorts, Jay Peterson, reiterated Mire's comments. Moffet moved and Logan seconded the motion. The ninth item on the agenda was the second reading of Ordinance No. #24, Series of 2004, an ordinance establishing Special Development District (SDD) No. #38, Manor Vail Lodge, and setting forth details in regard thereto. Council approved, 6-1, (Donovan opposed) second reading of an amended version of Ordinance No. #24. Donovan stated her opposition stemmed from the proposed stream tract encroachment. The amendments were: (1) The applicant, with the input of staff, shall design and construct an extension to the existing sidewalk from Ford Park to the existing bus stop along Vail Valley Drive. The new sidewalk shall extend onto the 430 square foot parcel which will be deeded to the Town from Manor Vail on the southeast corner of the property. The design of the sidewalk shall be depicted on the building permit set of drawings; (2) The Manor Vail Condominium Association will maintain a working front desk for the purpose of conducting hotel-like operations for a period of no less then ten (10) years from the date of this SDD approval, which will facilitate the continuance of the rental program at Manor Vail Lodge. This condition helps to achieve the municipal objective of insuring tax generation by establishing an active rental program for a condominium project. A change to the DIA was also approved in regard to the time frame the town had to use the $100,000 intended for public improvements. 5-years was changed to 10-years. Several Council members expressed concern that $100,000 in public improvements in exchange fora $40 million redevelopment was not enough. Ruotolo asked that a public access easement be granted. Glen Porzak, President of the Manor Vail Condominium Association, responded this would require a 2/3 vote from the Homeowner's Association. The applicant did commit to not creating barriers to the area and indicated the public was welcome to enter the area along the pedestrian easement to access Ford Park. Moffet stated he voted for the project due to the substantial hotel-like amenities currently existing at Manor Vail, leading to increased rental potential and increased sales tax revenue. Hitt moved and Moffet seconded the motion to approve. The tenth item on the agenda was the second reading of Ordinance No. #27, Series of 2004, an Ordinance making supplemental appropriations to the 2004 budget Council unanimously approved, 7-0, this ordinance, making supplemental appropriations to the 2004 Budget, reflecting amendments requested during the first reading of the ordinance. Cleveland moved and Hitt seconded the motion to approve. The eleventh item on the agenda was the second Reading of Mill Levy Certification, Ordinance No. #28, Series 2004. Council unanimously approved, 7-0, the 2005 Mill Levy Certification. The approved mill levy was set at 4.70780. Cleveland moved and Moffet seconded the motion. The twelfth item on the agenda was the second reading of Ordinance No. 30, Series of 2004, the Town of Vail amending Title 3, Chapter 6, of the Vail Town Code regarding the Commission on Special Events (CSE). Council unanimously approved, 7-0, second reading of an ordinance amending the establishment of the Vail CSE as it pertains to appointments and qualifications. An amendment received support from Council which included a provision in the ordinance requiring a vote of four or more members for approval. Donovan requested the CSE pay due diligence to making ethical decisions regarding conflicts of interest. Donovan also requested the CSE and Vail Local Marketing Board (VLMD) be managed under the auspices of one "economic guru." Moffet moved and Ruotolo seconded the motion to approve. The thirteenth item on the agenda was resolution No. #22, Series of 2004, a Resolution approving and accepting, on behalf of the Town of Vail (the "Town" or "Grantee"), a special warranty deed from Buffehr Creek Partners, a Colorado Limited Partnership (the "Grantor"), which deed pertains to a certain parcel of land within the Town of Vail and which is encumbered by a conservation easement in favor of the Eagle Valley Land Trust, a nonprofit Colorado corporation (the "Trust"). Council unanimously approved accepting the special warranty deed to a property located on Buffehr Creek Road. Mire explained in December of 2003, the Grantor acknowledged this nine acre property had significant scenic, aesthetic and open space values as set out in the Colorado Revised Statutes, and the Grantor conveyed a Deed of Conservation Easement in favor of the Eagle Valley Land Trust in order to permanently preserve the entire property as open space for the use and enjoyment of the general public. Cleveland asked if the property would increase the town's liability exposure. Mire explained the property would offer no more inherent risk than any other town owned property. Grantor Ed Zneimer stated he 4 believed the parcel should be a considerable benefit to the community. Moffet moved and Ruotolo seconded the motion to approve. The fourteenth item on the agenda was the Town Manager's Report. - Zemler proposed a format for the December 30 Annual Town Meeting, scheduled from 4 to 6 p.m. The format proposed to include open house displays on various projects by town staff, plus an update on the town's financial status as well as a report on the town's key areas of focus. A panel discussion was also proposed as a possibility. Ruotolo questioned why the meeting was to begin at 4:00 p.m. Staff responded the date and time were arranged to accommodate attendance by second homeowners at the meeting. - Assistant Town Manager Pam Brandmeyer wished pre-Happy Birthday greetings to Jim Lamont who would be turning 60 years old later in the month. - Brandmeyer stated the town remains on Eagle County's radar for funding assistance for a West Vail Fire Station and was considering a $250,000 contribution in both '05 and '06. The fifteenth item on the agenda was Adjournment. The meeting was adjourned at approximately 9:20 p.m. Moffet moved and Logan seconded the motion to adjourn. Respectfully Submitted, l ~ ~L-/'~ l /' Rodney E. Slifer, Mayor ATTEST: ~~, ~~ Lorelei Donaldson, Town Clerk ~o~-......... •. :• r SEAL ~GIGi-~e~` Minutes provided by Corey Swisher. • Vail Town Council Evening Meeting Minutes Tuesday, December 21, 2004 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 Rod Slifer. Members present: Dick Cleveland, Mayor Pro-Tem Diana Donovan, Farrow Hitt, Kent Logan Greg Moffet Kim Ruotolo, Rod Slifer, Mayor Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager • The first item on the agenda was Citizen Participation. Ron Wolfe, recently elected Mayor of Avon, extended the Town of Avon's commitment to work with the Town of Vail on any project/issue of mutual interest at the state or county level. Scott Proper, Vail Recreation District Board Member, reported increased ice programming at Dobson Arena was available as well as free skating on Christmas and New Year's Eve day with extended hours. Proper also stated snowshoeing and cross- country skiing are accessible at the Vail Golf Course. Paul Rondeau stated many residents of the Town of Vail have an expectation of an open and public process regarding future decisions related to the Vail Conference Center. Logan, a member of the Conference Center Oversight Committee, noted the advisory group had held 45 public meetings and would continue to keep the process visible and accessible to the public. The second item on the agenda was the Youth Ambassador Recognition. On behalf of the Vail Valley Exchange, Scott O'Connell introduced the 2004/05 Vail Valley Youth Ambassador Award recipients: Natalie Thoburne, from Benalla Shire; Geoff Ham, from Mansfield Shire; Christina Harrison, Battle Mountain High School; and Kyle Moore, Battle Mountain High School. Merv Lapin, a member of the Vail Valley Exchange Board, thanked Council for its support of the Youth Ambassador program. Lapin then encouraged Council to look back at the value of exchanges and comparative trips the town had supported and .taken part in the past. Lapin specifically encouraged the regeneration of the relationship with Vail's sister city, St. Moritr. Slifer also expressed enthusiasm for the program and stated he had recently been in touch with officials from St. Moritr on another matter. • • The third item on the agenda was the Police Department Recognition of Code Enforcement Officer Moses Gonzales. Police Chief Dwight Henninger announced Moses Gonzales was being awarded the Bronze Wreath of Meritorious Service for providing outstanding service to the citizens of the Town of Vail and Eagle County. The award was a result of being recommended by Gonzales' peers. In particular, Gonzales was commended for organizing the annual food drive, the "shop with a cop" program, the Colorado Peace Officers Ski-Snowboard Race and other activities. The fourth item on the agenda was the appointment of Board Members to the Vail Local Marketing District Advisory Council (VLMDAC). J. Scott Gubrud, Robert Llewellyn, Beth Slifer and Pamela Stenmark were appointed by Council to the Vail Local Marketing District Advisory Council. Council also accepted Vail Resorts' recommendation to appoint Ian Arthur as a representative to the board from the company. Moffet moved and Cleveland seconded the motion to approve. The motion passed unanimously, 7-0. The fifth item on the agenda was the Consent Agenda. Moffet moved and Hitt seconded a motion to approve the Nov. 2 and Nov. 16 evening session minutes. The motion passed unanimously, 7-0. The sixth item on the agenda was the Seibert Circle Redesign process. Following a discussion during the work session, Council agreed to postpone additional review in which direction is being sought for the potential redesign of Seibert Circle at the top of Bridge Street in Vail Village. Council agreed to discuss the matter during the Jan. 18 evening session. Town Manager Stan Zemler said comprehensive cost estimates for several design possibilities would be provided prior to the meeting. Vail Resorts has offered to earmark $500,000 of a $1 million streetscape commitment to add a new, year- round feature to Seibert Circle, which would require relocation of the granite art pieces currently in place. Public Works Director Greg Hall stated it was estimated relocating the existing art would cost $100,000. Both Council and Jay Peterson, representing Vail Resorts, expressed interest in reviewing all potential design options. Numerous options were discussed, varying from maintaining the status quo to constructing a large water/fire feature surrounded by heated pavers. The Art in Public Places (AIPP) board and the streetscape Design Committee reported they had been exploring potential design possibilities for the past several months. Moffet moved, with Cleveland seconding the motion to approve. The motion passed unanimously, 7-0. The seventh item on the agenda was the Vail Memorial Park. The Council voted 5-0 to include $50,000 in the 2006 budget as a donation to the Vail Memorial Park endowment fund. Moffet moved and Logan seconded the motion. Donovan and Slifer voluntarily recused themselves from the discussion as they both served on the Memorial Park Foundation Board of Directors. Rev. Carl Walker, foundation chairman, announced 17 percent of the memorials developed in the first phase of the park had been sold, subsequently requiring additional development of the next phase within two to three years. In 2003, Council granted a $50,000 loan to the foundation to cover start up costs including design and construction of the park. Walker reported the board of directors for the park was now in a position to start re-payment of the loan; however, asked for Council's consideration to accept the contribution of that original amount, entitling the town to become a "benefactor" of the Memorial Park. Council did not choose to forgive the loan as it would set precedent. Instead, the town pledged, subject to appropriation, a donation in 2006 after the loan would be repaid. • J • • The eighth item on the agenda was a request to purchase tap fees for the proposed Conference Center location in 2004. Council authorized the Town Manager to spend up to $298,000 for water and sewer taps for the Charter Bus Lot site prior to December 31, 2004. Moffet moved and Logan seconded the motion. The motion passed unanimously, 7-0. It was reported after this date water and sewer tap fees would increase significantly and the tap fees are transferable or can stay with the land if the Conference Center is not built. Donovan expressed concern the tap fees were not transferable, prompting Council to require Eagle River Water & Sanitation District (ERW&SD) to guarantee in writing the transferability of the fees. Logan and Slifer then announced the Conference Center Oversight Committee would not be in a position to make a recommendation on a bond sale in February as had been initially proposed. Instead, the group recommended allowing time for the design phase to materialize to more accurately estimate the cost of the project. It was reported the project designers would continue to move forward developing the building schematics. Logan also stated the committee would revisit key operating assumptions so as to be able to provide more accurate operating estimates as they relate to potential deficits. Donovan asked why the center concept No. #1 was not further elucidated pictorially as she believed Council had asked the designers to do. Hitt reiterated Donovan's comments. Zemler responded he believed the designers had only been asked to produce a summertime depiction of option No. #3. Jokingly, Cleveland stated he believed he could garner enough support to change the design concept to option no. #2. Logan reinforced the decision to allow more time for design development was not a delay, only a change in aself-imposed time line. Hitt stated he believed the decision was prudent. Moffet announced any increase in interest rates would be mitigated by additional sales tax accumulation. The ninth item on the agenda was the first reading of Ordinance No. #23, Series 2004, an ordinance amending the Vail Town Code regarding the jurisdiction of the Town of Vail Municipal Court in introducing the item, Town Attorney Matt Mire stated due to a publication error, the ordinance, previously approved on first reading during the Dec. 7 meeting, would need to be reread. The motion passed unanimously, 7-0. Moffet moved and Cleveland seconded the motion to approve. The tenth item on the agenda was the second reading of Ordinance No. #32, Series of 2004. An ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., that public right-of-way constituting those portions of Red Sandstone Road contiguous to either Tract A or Tract B, South Frontage Road Subdivision. Council unanimously approved, 7-0, to grant the vacation on second reading. Moffet moved and Ruotolo seconded the motion. Mire and Jay Peterson, representing Vail Resorts, announced the vacation was only one small aspect of a larger land swap occurring between the town and Vail Resorts. Mire did ask Council to ask for Vail Resorts assurance they would not record the vacation until the town was able to exchange parcels. Peterson established Vail Resorts would agree to the request. Moffet moved and Ruotolo seconded the motion to approve. The eleventh item on the agenda was the Town Manager's Report. Zemler announced the town's community meeting would be held from 4 to 6 p.m. Thursday, Dec. 30, at the Donovan Pavilion. Noting several recent tragedies, Hitt asked the community to keep the families of those individuals in their prayers. • .I The twelfth item on the agenda was adjournment. The meeting was adjourned at approximately 7:10 p.m. Moffet moved and Ruotolo seconded the motion. The motion passed unanimously, 7-0. Respectfully Submitted, .•• • ~~ c SEAL '•. ATTEST: cO~ORAG~" ~1 ,; ~. . Lorelei Donaldson, Town Clerk v~ Rodney E. Slifer, Mayor Minutes provided by Corey Swisher. U