Loading...
HomeMy WebLinkAbout2005 Vail Town Council Minutes• Vail Town Council Evening Meeting Minutes Tuesday, January 4, 2005 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 Input. Kaye Ferry, executive director of the • Vail Chamber and Business Association, announced an account at WestStar Bank had been opened to accept donations for Tsunami flood victims, with 100 percent of the money collected going directly to the Red Cross Tsunami Fund. The second item on the agenda was the Consent Agenda. Council unanimously approved, 7-0, with one modification from Donovan, the Dec. 7 evening session minutes. Moffet moved and Cleveland seconded the motion to approve. The third item on the agenda was the review and approval to direct the Town Manager to sign an Intergovernmental Agreement (tGA) between the Eagle County School District (RE50J), Vail Recreation District (VRD), and the Town of Vail (TOV) for the management and operation of the Vail Gymnastics Center. Council agreed to postpone commenting on the draft IGA until the Town Attorney, Matt Mire, had the opportunity to adequately review the document. Mire stated he had recently contacted both the VRD and school district attorney, and a thorough review of the document would begin immediately. The fourth item on the agenda was the Annual Appointment of Newspaper of Record for Town of Vail Publications and Notice for 2005. Council unanimously voted, 7-U, to appoint the Vail Daily as the newspaper of record for the Town of Vail. In response to Council inquiries, Assistant Town Manager Pam Brandmeyer reported rates had increased from the previous year. Moffet moved and Ruotolo seconded the motion to approve. The fifth item on the agenda was appointments to the Vail Commission on Special Events. Ian Anderson, Dave Chapin, and Richard tenBraak were appointed by Council to • • two-year terms on the Commission on Special Events. Steve Rosenthal, Todd Gerhke and Mark Gordon were appointed to one-year terms on the same board. The sixth item on the agenda was an I-70 Noise Mitigation Study Update. Since April 2004, Hankard Environmental Inc. was under contract with the Town of Vail to provide consulting services as part of a comprehensive effort to reduce the impact of traffic noise on I-70. The scope of work for the I-70 Noise Mitigation Study contained five areas of study: 1) measure the change in noise levels resulting from increased police speed enforcement on I-70; 2) conduct a temporary noise wall demonstration; 3) evaluate available noise mitigation measures; 4) prepare a proposal for funding of a mitigation demonstration project; and 5) provide recommendations for increasing the effectiveness of the Town of Vail noise ordinance. During the meeting, Hankard Environmental presented an update on the study and associated findings, which included recommendations for quiet asphalt, continued traffic enforcement, noise barriers and mitigation education for affected properties. This overview summarizes noise mitigation recommendations based on the work, to date, by Hankard Environmental. The recommendations are broken down into source, receiver and path controls. A brief description of the key differences in types of controls is provided first, followed by a description of each recommended noise mitigation measure. Source controls benefit everyone. For example, reducing speeds and/or putting down quiet pavement reduces noise at all homes and businesses in town, versus a wall that benefits only those directly behind it or thicker windows that affect only an individual property. Therefore, the number of people that benefit from source measures is large. The cons of source controls are that each measure is costly, speed reduction requires cooperation from almost the entire motoring public, pavement changes require significant Colorado Department of Transportation (CDOT) coordination, and covering the roadway has complex engineering, logistical, monetary and political hurdles. 2. Path controls, i.e. barriers, benefit a given area such as a neighborhood. The extent of the benefited area depends on the height and length of the barriers and on topography. Barriers can consist of earthen berms, vertical walls, or some combination thereof. Barriers are typically 15 feet tall, can be hundreds to thousands of feet long, and provide 5 to 10 d6 of noise reduction to those located within 300 feet of the barrier. Barriers are not very effective for receptors elevated above the roadway, such as houses on a hillside or the upper floors of a high-rise building. The cons of barriers, particularly walls, are aesthetics, cost, and the rigors of CDOT coordination. 3. Receiver controls, such as the construction of solid fences on individual properties and the installation of better windows are effective, but only benefit individual properties. Such measures are the responsibility of the property owner/developer. There are no significant cons to receiver controls, other than moderate cost. Representing Hankard Enviornmental Inc., Mike Hankard and Ralph Trapani recommended the Town of Vail consider each of the aforementioned noise mitigation measures. Both gentlemen stressed none of the options are simple or straightforward, • • as the problem of I-70 noise has slowly evolved over the past three decades. Traffic volumes and speeds increased slowly but steadily, and property development continued in relatively close proximity to the highway. It was estimated in the 1970's the loudest daytime hour highway noise levels were in the 55 dBA range, a tolerable level to most people. Levels now hover in the 65 to 70 dBA range, levels that begin to annoy people. Council directed Zemler to pursue all options deemed financially feasible, and to seek potential collaborative partners investigating similar noise mitigation measures. Ruotolo asked if the town was able to develop a reliable rubberized asphalt compound, could the town patent it. The Hankard representatives stated there was a possibility. Moffet stated he believed the citizens of Vail would not be willing to mitigate noise on their own. Logan inquired as to the success of the town's vehicular speed control measures. Henniger stated 900 motor vehicles had been stopped and one hundred tickets issued. Henninger reported a three mile an hour reduction in speed had been recognized on I- 70, since the mitigation program had been undertaken. The seventh item on the agenda was a Request to Proceed through the Development Review Process with a Proposal to Construct aSchool/Community Garden on Town of Vail Property. Kay Graybill and Kristen Lester requested Council permission to construct a school/community garden located at the Red Sandstone Elementary School (610 North Frontage Road West / a portion of Tract C, Vail Potato Patch) adjacent to the existing playground and soccer field. The request did not receive Council approval, failing 2-5, with Moffet and Ruotolo voting for approval. The majority of Council felt a significant discrepancy existed between what was submitted and viewed during a site visit earlier in the day, and what the parties requested during their formal Council session presentation. The Town Council serves the role of "property owner" for all Town of Vail owned property and must consent to the applicants proceeding through the town's development review process. Zemler stated the project would be further investigated, discrepancies clarified and returned to Council for re-consideration. Ruotolo stated she understood the application process was difficult and encouraged the applicants to keep pursuing the garden. The eighth item on the agenda was the First Reading of an Ordinance No. #2, Series of 2005, amending Title 6, Chapter 4, Article A "Carriage Operations," of the Municipal code of the Town of Vail; and setting forth details in regard thereto. Council unanimously approved, 7-0, the amendments requested by staff to allow the Town Manager and/or the Chief of Police flexibility to re-route the horse carriages when needed due to construction and changes in the carriage staging area. Moffet moved and Cleveland seconded the motion to approve. The amendments also increased the penalty assessment for a first violation of this section of the Vail Town Code from $5 to $50. Slifer requested the carriages be required to follow traffic laws. Logan inquired as to why this matter had come before Council. Henninger responded it was due to a few recent incidents. 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. Council approved, 6-1, to table the item to May 3, 2005. Cleveland moved and Moffet seconded the motion to approve. Hitt dissented, stating he believed the original ordinance from 2004 should not be continued so far into 2005. The tenth item on the agenda was the Second Reading of Ordinance No. #23, Series 2004, an Ordinance Amending the Vail Town Code regarding the Jurisdiction of the • CJ Town of Vail Municipal Court and setting forth details in regard thereto. Council unanimously approved, 7-0, second reading of the ordinance. Moffet moved and Ruotolo seconded the motion to approve. The eleventh item on the agenda was Resolution No. #1, Series of 2005, 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. Council unanimously approved, 7-0, the Resolution. Moffet moved and Ruotolo seconded the motion to approve. Pursuant to Section 24-6-402(2) (c) of the C.R.S. as amended, this resolution provides local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance. The twelfth item on the agenda was the Town Manager's Report. - Tipsy Taxi Town Manager Stan Zemler asked if there were any questions regarding a memo provided by Police Chief Dwight Henninger regarding the possibility of reinstating Tipsy Taxi services in Vail. Having requested information on the service, Moffet stated if there was no impetus from the restaurant community, he would not pursue the item. Cleveland reported the Eagle County Regional Transportation Authority (ECO) may offer bus passes to inebriated people in the future; however, any planning is strictly preliminary. - Vail Valley Convention & Tourism Bureau (WCTB) Update The WCTB Visitors Center Operation report was provided. Donovan asked why the Sitzmark and Evergreen received more reservations than other properties. Several council members responded it was due to pricing. The thirteenth item on the agenda was adjournment. The meeting was adjourned at approximately 8:20 p.m. Moffet moved and Ruotolo seconded the motion. The motion passed unanimously, 7-0. V Rodney E. Slifer, Mayor ATTEST: ,~O`;:::.:; F •.9i • Lorelei Donaldson, Town Clerk ~; .... OLORACt• Minutes provided by Corey Swisher. • • i Vail Town Council Evening Meeting Minutes Tuesday, January 18, 2005 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 Input. Displaying photographs of recent problems in her neighborhood, Sybill Navas asked that trash/waste receptacles of suitable size be required at homes being "rented out" and appropriate waste management services be provided. The second item on the agenda was the Ratification of the Vail Gymnastics Center Intergovernmental Agreement (IGA) between the Town of Vail, the Vail Recreation District (VRD), and the Eagle County School district, RE50J. Town Attorney Matt Mire announced the town had entered into a 60-day operating agreement with the VRD and RE50J, as the entities' attorneys continued to work on a lease for facility. The third item on the agenda was the Second Reading of Ordinance No. #2, Series of 2005, amending Title 6, Article A, "Carriage Operations," of the Municipal code of the Town of Vail; and setting forth details in regard thereto. Council unanimously approved, 7-0, on second reading the amendments requested by staff to allow the Town Manager and/or the Police Chief flexibility to re-route the horse carriages when needed due to construction and changes in the carriage staging area. The amendments also increased the penalty assessment for a first violation of this section of the Vail Town Code from $5 to $50. Police Chief Dwight Henninger clarified the ordinance prescribes routes the carriages may take and time schedules they may operate. Hitt questioned whether carriages were allowed to cross the covered bridge located behind Manor Vail, crossing Gore Creek leading to Ford Park. Henninger stated no, and specified he would talk to the carriage operators to make sure his drivers avoid the bridge. During the opportunity for public input, local resident George Knox stated more attention needed to be paid to removing horse manure from the village streets. Cleveland clarified the carriage • • operating agreement describes how manure is to be removed and should be enforced. Moffet moved and Ruotolo seconded the motion to approve. The fourth item on the agenda was a Conference Center Update. Scott Dergance, representing conference center architects Fentress Bradburn, discussed the evolution and future of the conference center's currently proposed design. Dergance provided detailed massing model photos and computer generated study sketches of the proposed conference center. Community Development Director Russell Forrest stated the Conference Center Advisory Committee agreed to not pursue a guaranteed maximum price until the design process moved further along. Donovan stated the center's design was "atrocious" for this site and said she was sorry the town was heading in this direction architecturally. Donovan also asked why the center was not being designed as a multi-use facility. Ruotolo also stated she was very uncomfortable with the direction the center was taking. Forrest asked that if the Council had problems with the design, to acknowledge such, and give staff further direction, prior to a significant investment in the current design. Council then voted 6-1 (Donovan opposed), to continue to pursue the present design with particular attention spent on identifying appropriate materials for the roof. As such, project designers were asked to provide examples/illustrations of alternative roof materials, including sod. During a pause for public comment, Jim Arraind stated he thought the design team was fabulous, however the center's present design reminded him of a church. Georgine Burton communicated she thought the center's design was "appalling." Bill Rey inquired as to if the proposed copper roof would oxidize, subsequently staining the structure. The fifth item on the agenda was a Work Session type presentation to review the proposed Crossroads Redevelopment and Planning and Environmental Commission (PEC) Recommendation, prior to scheduling a first reading of an amending ordinance. Russ Forrest, Director of Community Development, began the presentation by stating master planning and zoning of the proposed Crossroads redevelopment site had not been addressed for a number of years. Forrest then emphasized if Council needs more time or work sessions, to let the Community Development Department know, since the project is large and potentially difficult to wholly understand. He then advised Council to listen to all presentations and ask questions to more fully understand the Crossroads redevelopment proposal. Warren Campbell, Senior Planner, provided an overview illustrating the project in terms of its compliance with town code and various master plans. The presentation included descriptions of the deviations requested and the impacts associated with those deviations, both positive and negative. In addition, the presentation included a description of the proposed public benefits, with staff concluding proposed public benefits did not outweigh the deviations proposed. Campbell stated the project would establish precedent for other properties. Slifer noted that each project brought before Council is approved on its own merits. Jeff Winston, town planning consultant, provided a computer generated model of a "walking tour" of the proposed project. Winston clarified staff recommended design alterations affecting the character of the building would eventually impact bulk and mass of the building. Representing the applicant Peter Knoble, Dominic Mauriello, stated the PEC would not adequately be able to appropriately address the project until they received specific direction from Council. Council requested a comprehensive height comparison report/presentation. Logan requested a quantification of public benefits, similar to those provided by Vail Resorts for the Lionshead Core Site redevelopment. Ruotolo requested an explanationldefinition of public benefits. Hitt questioned why the project's rental program had not been addressed publicly. Mauriello explained a comprehensive program has been developed by local property manager Stan Cope. Hitt also asked for an explanation of a • • parking club. Mauriello responded the project's parking capacity would facilitate the diversion of traffic from the town owned parking structures. The following is a summary of the questions/concerns raised by Council and asked to be reviewed/explained in the near future: - Define, Evaluate, and Quantify Public Benefits - Ability of Fire Department to Protect the Project - Operating Description of the Private Parking Club - Provide a Scale Visual Model - Provide Height Overlays - Public Loading/Delivery Availability (Practical use by others?) - Public Plaza Event Mock-up - Employee Housing Unit Requirements and Plan - Encroachments into Town Right-Of-Way - Reevaluate Bulk & Mass - Trash Dumpster Location in Project - Concerns Over Success of Maintaining Ice Rink Ice - Concerns Over Encroachments into Setbacks - Concerns Over Exhaust Vents in Northwest Corner of Site - Concerns About Visual Similarities of Commercial Spaces - Clarity on Colorado Department of Transportation (CDOT) Involvement • Ron Byrne, Sean Byrne, Jason Perez, Colleen McCarthy, Roberta Sheller, Scott Rutherford, Pay Mitchell, Bill Hewitt, Sheiks Gramshammer, Paul Hields, George Knox, Randal Martinez, Mark Gordon, Stan Cope, and Paul Frezzaca spoke in support of the project. Elaine Kelton, Ann Bishop, Craig Cohen, Ernie Sheller, Bill Rey, Tom Steinberg, Hans Uldrich, and Dean Hall either expressed concern or asked for more detailed information regarding the project. Project applicant, Peter Knoble, thanked Council for their time, attention to the project, and willingness to cooperate. The sixth item on the agenda was the Town Manager's Report. - Request for Support of the Proposed Eaton Ranch Open Space Acquisition by the Vail Valley Foundation. Ceil Folz, Vail Valley Foundation President, presented a request for support for the potential Eaton Ranch Open Space acquisition in Edwards, saying it would enhance quality of life in the Vail Valley. Ron Wolfe, Eagle County Open Space Committee Chairman and Town of Avon Mayor, expressed his belief the project, although the land was technically an "urban playground," would lead the way for future open space acquisition. Council unanimously approved, 7-0, to support the program with stipulations on the amount of money to be used for the acquisition and the land's future uses. Moffet moved and Logan seconded the motion to approve. Council did impose three conditions as they reflect the recommendation from the Citizen's Open Space Advisory Committee: 1) No more than $3 million dollars be allocated to the project from the County's Open Space Fund. 2) The property is covered in its entirety by a permanent conservation easement, ensuring that it will be protected as open space in perpetuity and never sold or developed by Eagle County for other purposes. .] • 3) All County funding, from all sources, would be contingent upon the Vail Valley Foundation raising, in full (their portion of) the $12 million purchase price by the sale deadline. Council also suggested the unincorporated Edwards area participate monetarily and County Commissioners remain aware municipalities in the county, including Vail, would eventually be relying on open space funding support. - East Meadow Drive streetscape Design Committee. Town Manager Stan Zemler recommended the town continue with the current streetscape committee membership, unless any current members would wish to be replaced. Zemler noted the streetscape committee, as composed, has been effective and successful in guiding the Village streetscape project. Representing East Meadow Drive business owners, Rick Scalpello expressed concerns the East Meadow Drive streetscape project was not thorough enough. Public Works Director Greg Hall stated East Meadow Drive improvements are included in the 2007 Capital Improvements Budget and plans are being addressed. Donovan expressed concern the proposed improvements had become a staff project and did not encapsulate enough community and council input. - Community Meeting Date Zemler reported town staff had a "hold" on several dates for the next Annual Community meeting. The Council selected January 12, 2006. • --Adjournment The meeting adjourned at approximately 11:15 p.m. Ruotolo moved and Moffet seconded the motion to adjourn. The motion passed unanimously, 7-0. ~0~~~~~ . - / , Rodney E. Slifer, Mayor ATTEST: -~, ~ ~ ~~ L ro elei Donaldson, Town Clerk Minutes provided by Corey Swisher. '•. O: AL . S~ COLO~P.6 • • Vail Town Council Evening Meeting Minutes Tuesday, February 1, 2005 6:00 P.M. Vall Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 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. Steve Lindstrom, member of the Vail Local Housing Authority (VLHA), reported the Children's Garden of Learning, the early childhood education center, had recently become operational in its new location with the final construction costs hovering around $1.5 million. Lindstrom then thanked FirstBank, Vail Resorts, Vail Valley Medical Center, the Dauphinais Family, Shaw Construction, the VLHA and Slifer, Smith and Frampton for their support of the project. Lindstrom continued Middle Creek was presently at 97 percent occupancy. Lindstrom then thanked Housing Coordinator Nina Timm, Planner Matt Gennett, Fire Prevention Officer Mike Vaughn and Fire Marshall Mike McGee for their immeasurable assistance in bringing the project to fruition. Slifer then reported Council had made a site visit to the location and thanked all involved for helping to create an invaluable community asset. Ruotolo reiterated Lindstrom's comments. The second item on the agenda was the Consent Agenda. Approval of Dec. 21, 2004, Jan. 4, 2005 and Jan. 18, 2005 Minutes. Council unanimously approved, 7-0, three sets of minutes of record with minor amendments, later provided by Donovan. Moffet moved and Logan seconded the motion to approve. The third item on the agenda was the Seibert Circle Modification Options. Council voted 4-3 (Moffet, Ruotolo and Cleveland opposed) to continue with the Seibert Circle redesign process. Slifer reported for the record there had been open house from 5:15 to 6:00 p.m. earlier in the evening for the public to view three possible options. Brent Lloyd, representing Wenk Associates, lead streetscape designer, outlined three possible strategies proposed for modifying Seibert Circle and provided estimated costs for each. The first option (A) retained the existing Moroles sculptures and added minimal landscaping with a small water feature. The second option (B) added cobble pavers to the area, plus water and gas utilities for a fire pit. The third option (C) replaced and relocated the existing sculptures to create a new design that would have visual appeal throughout the year. Lloyd qualified, due to the unknowns of the actual feature, • • • estimates provided were educated guesses. Hall then posed three questions to Council. (1) Does the town move forward with Seibert Circle as a part of streetscape, and if so, does the Council prefer Option A, B, or C?; (2) Does the Council desire an accelerated or extended schedule?; or (3) No design, but establish a budget. During an opportunity for citizen input, Pete Seibert Jr. stated he was happy to see the discussion regarding the site named after his father was occurring and gave his support for alternative C. Seibert also questioned why the relocation of the existing Moroles sculpture, if removed, was included in the refurbishment estimate. Seibert also mentioned the possibility of selling the Moroles pieces to help subsidize the cost of refurbishment. Nancy Rondeau reported the current design of the circle is a disappointing expression of Vail. Ron Riley stated he believed the Moroles sculpture was a lifeless piece of art, subsequently supporting plan C. Sheika Gramshammer maintained the town should leave Seibert Circle as a place to meet and greet. George Knox supported the replacement of infrastructure in the circle. Barbara Deluca expressed the Moroles sculpture needed to be removed. Paul Rondeau expressed concern that redevelopment estimates of the circle were too expensive and Vail Resort's involvement in the project should be questioned. Rick Mueller stated the site needs to be redone. Dan Berry also expressed, "something needs to be done." Kay Cherry stated something more organic needed to occur in the location. Jim Cotter questioned whether it would be legal for the town to move a "site specific" art work. Kathy Langenwalter, a former chairperson of the AIPP Board, said she believed the project was too expensive to pursue, as the area had been redeveloped only seven years ago and this action would be fiscally irresponsible. Logan stated a decision made on a piece of art is not a mistake, as tastes and perceptions continually change and evolve. Logan then expressed, "If we are going to spend a lot of money on a project, this is the appropriate place to do it. The numbers are large, but they are hardly precedent setting." Ruotolo questioned where the price of the art was included in the budget. Moffet stated he would like the location to become known as a destination. Moffet also asked for assistance from the private sector to refurbish the area. Cleveland stated it is a misuse of government funds to rip out a feature only seven years of age. Cleveland continued, "Why do you think this body will be any better than the body who installed the circle in its current format?" Donovan reported her decision was not based on the art or the money, "It's about completing it (Village streetscape) and getting it done right. Has Seibert Circle art ever been used for a post card?" Stating her involvement as Council representative to the AIPP Board, she also communicated the AIPP board likes the (Moroles) piece, although they believe it would be more appropriate in a softer (more natural) setting. Slifer stated he believed prolonging the streetscape process was not helpful. Zemler concluded the discussion by stating the project would continue as three simultaneous processes: 1) some identification of a design; 2) streetscape contractors would investigate costs; 3) public dialogue would be continued. Zemler then reaffirmed Council was committing to only the process, not the actual feature. Logan moved and Donovan seconded the motion to endorse Option #C. As part of the motion, Council also stipulated planning for the refurbishment be completed by April, 2005. The fourth item on the agenda was an informational presentation to the Vail Town Council on the Proposed Lionshead streetscape design. The purpose of the presentation was to share the proposed design with Council and to gain information and input from Council on the design as the applicant progresses forward with final design development drawings for review and approval by the Design Review Board (DRB). On September 27, 2004, the Town of Vail Planning & Environmental Commission (PEC) approved a major exterior alteration application allowing for the construction of the • n U Lionshead Core Site Hotel. In approving the application, the Commission required the applicant to construct certain off-site improvements. Included within the improvements is the streetscape within the LionsHead Mall area. Chief Planner George Ruther reported the ensuing streetscape design presentation clarified a possible formalized approved design. Ruther also stated the design could be potentially approved by the DRB in mid- February. Tom Braun and Jay Peterson then began a pictorial presentation of the proposed Lionshead streetscape design. Peterson stated any reference to "Vail Square" during the presentation, now known as LionsHead, was purely preliminary. Peterson also stated the reference was only an attempt to tie Vail Village and Lionshead areas together more. Continuing, he stated streetscape improvements to the area were a separate project from the core site. Both Peterson and Braun communicated the streetscape improvements intended not only to beautify, but to also make the area fun. Braun discussed creating outdoor rooms and a sense of arrival with the use of pylons and columns. Braun stated, "We are tying the new skier bridge together with pylons/columns (approximately 36 ft. in height). The project is about discovery, not dissimilar to those elements recently introduced in the Wall Street streetscape...The entire area will be treated with pavers...And we have included the introduction of a news stand." Peterson also stated the whole of the project is American with Disabilities Act (ADA) accessible. The applicant reported they had met on numerous occasions with town staff, LionsHead merchants and property owners, neighbors, DRB and PEC. In addition, the applicant held several open house meetings to hear concerns regarding the streetscape plan and solicit input on the project. Ruotolo asked who would maintain any streetscaping outside of the property boundaries. Peterson replied the town and adjacent property owners would be expected to be responsible. Cleveland asked if the town might examine a sampling of Vail Resort's design ideas as the town would like to see some fresh ideas for Seibert Circle. Slifer stated he would like to see compatibility with the square's and the town's wayfinding signs. The fifth item on the agenda was a request for the Town Council to remand Special Development District (SDD) #39 (Crossroads) Back to the PEC for review prior to returning to Council for 1st Reading of an Ordinance. Council unanimously approved, 7- 0, to remand the Crossroads redevelopment SDD application back to the PEC. Moffet continued comments expressed previously about the need to expand the town's interpretation of public policy benefits to extend beyond traditional streetscape improvements should acknowledge the project's retail components as a public benefit. Several Council members expressed displeasure with a list of project modifications interpreted by town staff following Council's initial review of the redevelopment. Staff had attempted to assimilate a comprehensive list of questions raised in a previous work session. However, Council members indicated the list contained individual comments but should not be used to reflect Council consensus. Peter Knoble, project applicant, reported he had received good input from Council at the previous meeting. Cleveland moved and Ruotolo seconded the motion to remand the application. The sixth item on the agenda was the first reading of Ordinance No. #3, Series of 2005, an ordinance amending Section 12-11-4, Materials to be Submitted; Procedures, Section 12-11-6, Park Design Guidelines, and Section 14-6, Grading Standards, Vail Town Code. On November 23, 2004, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed text amendments to the Town of Vail's erosion control and storm water quality standards. Town Environmental Officer Bill Carlson stated the goal of the ordinance is the protection of Gore Creek's water quality. Cleveland asked what precipitated the proposal. Carlson replied several recent • r~ ~~ • construction sites were having a detrimental effect (polluting) on Gore Creek. Carlson also commented on the increasing stringency of federal water quality standards. Citing potential bureaucratic complexities and expenses, Slifer suggested any changes required by the ordinance be made part of the town building permit process. Hitt encouraged larger penalties be placed on the back end of development, meaning violators of the ordinance face more serious fines, as opposed to charging higher up- front/applicant fees. Cleveland stated he believed anything the town did to protect water quality would have to pay for itself, in regard to costs absorbed by the town enforcing the ordinance. Donovan asked for a clearer definition of routine maintenance made by public agencies as she believed in many instances, public projects resulted in pollution of the creek. Zemler stated the town has had occasions where routine maintenance has led to contaminated discharge. Donovan also expressed the need for stringent enforcement of the ordinance. Moffet asked what the penalty would be for infractions made by the town. Zemler replied the town would be held to the same standards as any other individual or entity. Town Engineer Tom Kassmel clarified questions about future best practices being utilized to meet storm water discharge obligations potentially impacting the town. Council unanimously approved, 7-0, the ordinance on first reading. Hitt moved and Ruotolo seconded the motion to approve. The seventh item on the agenda was the first reading of Ordinance No. #4, Series of 2005, an ordinance repealing and reenacting Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the 2003 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code; 2002 Edition of the National Electrical Code; and with regard to the above-described codes, adopting certain appendices, setting forth certain amendments thereto, and setting for details in regard thereto. On January 24, 2005, the Town of Vail Building and Fire Code Board of Appeals forwarded a recommendation of approval to the Town Council for the proposed text amendments. Charlie Davis, Chief Building Official, explained since the 1990's, there has been a nationwide movement to create a single model building code for the United States. Previously, there were three separate codes regulating construction across the country. The Uniform Building Code (UBC), published by the International Conference of Building Officials (ICBO), generally regulated the Western United States (including Colorado); the National Building Code, published by the Building Officials and Code Administration International, Inc. (BOCA), generally regulated the Northeastern United States; and the Southern Building Code, published by the Southern Building Code Congress (SBCCI), generally regulated the Southeastern United States. These International Codes are being adopted, or have already been adopted, in jurisdictions across the United States, throughout Colorado, and throughout Eagle County. Davis explained, "Although the International Codes may appear to be a one-size fits all approach to construction design and regulation, there are allowances built into the code that take into account geographic locations throughout the country. For example, seismic design and activity (earthquake resistant construction) is addressed in the 2003 editions of the building code by recognizing certain areas of the country are more prone to seismic activity. The West Coast has had catastrophic events associated with earthquakes in the past. Colorado and specifically the Vail area have not had the same history as the West Coast. The building code recognizes differences in geographic location and has provided the user with tables determining seismic design based on where the code will be employed for design." Davis went on to explain these tables are then used to determine how the design professional is required to design a building based on the seismic activity and location of the building. Council expressed • • • much interest in making sure the International Code had built into itself many other elements of requirements based on geographic location, allowing the user to address elements of design based on geographic location. The Town of Vail Building Safety and Inspection Team, in association with the Town of Vail Fire Department, requested and recommended Council adopt the most recent edition of this International Code. The Town of Vail Building and Fire Code Board of Appeals also forwarded its recommendation of approval to Council for the proposed adopting ordinance. Additionally, the Colorado Chapter of the American Institute of Architects also gave its support for Vail's proposed adoption of the International Codes. Council unanimously approved the ordinance on first reading. Hitt moved and Ruotolo seconded the motion to approve. The eighth item on the agenda was the Town Manager's Report. - Vail Chamber & Business Association (VCBA) Update Zemler announced a report had been included in Council packets provided by the VCBA. Donovan stated "The Vail Guide" is better than the Vail Local Marketing District Advisory Committee t1/LMDAC)-produced marketing piece. Cleveland agreed the promotional piece was "great". Kaye Ferry, VCBA Executive Director, requested the Council require the VLMDAC include their "Vail Guide" as a part of the fulfillment piece throughout the summer. Zemler, reiterating comments made in the afternoon Work Session, commented on proposed legislation, Senate Bill #62. Cleveland asked if Eagle County Commissioner Tom Stone had supported the legislation. Slifer then asked if Stone was the town and county's representative on the State Water Board. Zemler replied Stone was the town's representative. Cleveland suggested the town write a letter to the Eagle County Commissioners expressing the town's displeasure with Stone's stance on the issue. Zemler stated a response to the commissioners and Senator Jack Taylor would be prepared and sent post haste. Slifer asked if the Colorado Association of Ski Towns (CAST) needed to hire a lobbyist to oppose the measure. Zemler responded CAST had allocated $2,500 towards funding for a lobbyist with other funds being potentially forthcoming. The ninth item on the agenda was adjournment. The meeting was unanimously adjourned, 7-0, at approximately 10:05 p.m. Moffat moved and Ruotolo seconded the motion to adjourn. Respectfully Submitted, ~r1 O F ~ ~O.........~q~l SEAL: '•. ATTEST: ~,O .~, ,..C,,. lOlitP ~_~~ . ~~ ~ . _~ Rodney E. Slifer, Mayor CJ Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. • • .~ • Vail Town Council Evening Meeting Minutes Tuesday, February 15, 2005 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 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. Carl Walker, Chairman of the Memorial Park Board of Directors, introduced the Vail Memorial Park Board. Walker then thanked former and present Council members Merv Lapin, Chuck Ogilby, Rod Slifer and Diana Donovan for their help in bringing the park to fruition as well as attending board members Robbie Robinson, Daphne Slevin and Joe Hanlon. The Memorial Park Board then handed Zemler a $50,000 check repaying a loan provided as seed money for the cemetery. Rick Sackbauer, representing the Eagle River Water & Sanitation District (ERW&SD), announced a meeting had recently been held consisting of water agencies from three Western Slope counties (Grand, Eagle and Summit). The goal of the meeting was to begin planning for the protection of ERW&SD water as well as its sister organizations. Local resident Paul Rondeau volunteered to assist the town in the production of an annual report providing pertormance measures for the town's general operating departments. Rondeau also stated a belief local residents are intimidated by the formality of the Evening Session public comment period. Rondeau recommended the use of a roving microphone to make potential speakers feel more comfortable. Rondeau also expressed concern Council members do not always respond to phone messages and emails made by local residents. Rondeau also announced he had recently met with Zemler and realized the Town Manager may have a "full plate" of projects. He then recommended the development of a volunteer task force of local retired professionals to formulate a performance management reporting system. The second item on the agenda was Resolution No. #3, Series of 2005, Opposition to Senate Bill 62 (SB62). A resolution expressing vigorous opposition to S662 and urging Senator Jack Taylor to immediately withdraw this discriminatory, dangerous and completely unwarranted legislation. ERW&SD Board Chair Rick Sackbauer introduced water rights attorney Fitr Holloman who provided technical details regarding the proposed state legislation. Holloman began his presentation by stating Sen. Jack • • • Taylor's legislation threatened Recreational In-Channel Diversion (RICD) water rights. Holloman encouraged Council to sign a letter of opposition and attend a Senate Agricultural Committee (SAC) meeting later in the week. Holloman noted the importance of junior/senior water rights issues and emphasized RICDs are a smart use of water as none is wasted. Logan questioned why Taylor would champion such legislation. Fitz responded agricultural water rights were the impetus behind Taylor's actions. Sackbauer added recreational water interests are outnumbered by agricultural interests. Ian Anderson, local kayaker and Vail Commission on Special Events (CSE) member, spoke in support of opposing the legislation and stated he would attend the committee hearing. Cleveland suggested sending Sen. Taylor a letter reminding him of comments made to Council while running for re-election. Taylor had appeared before Council stating his resolve to protect Western Slope water rights. Donovan asked if the proposed Wolcott Reservoir project might have acted as a catalyst to the proposed legislation. Holloman's response was no. Sackbauer finished the presentation by stating, "We don't want any water coming out of Eagle County to go east." Moffet moved and Cleveland seconded the motion to approve the Resolution. The motion passed unanimously, 7-0. The third item on the agenda was Resolution No. #4, Series of 2005. Rotary International's 100`h Anniversary. Council unanimously approved,?-0, the resolution acknowledging 100 years of community and international service. Moffet, local Rotary member, thanked Council for the acknowledgement. Moffet moved and Ruotolo seconded the motion to approve. The fourth item on the agenda was Vail Local Marketing District Advisory Council (VLMDAC) Appointment. Douglas Brooks, General Manager of the Vail Cascade) was appointed by Council to fill a vacant term expiring December, 2006. Cleveland moved and Moffet seconded the motion to approve. The motion passed unanimously, 7-0. The fifth item on the agenda was Consideration of a Recommendation by the Open Space Board of Trustees to Include 21 Parcels of Land in 16 areas as Designated Open Space. Introducing the item, Community Development Director Russ Forrest noted on Jan. 25, 2005, the Vail Open Space Board of Trustees met and unanimously voted to recommend 21 properties (16 areas) to Council for open space designation. Current members of the Open Space Board of Trustees are Town Manager Stan Zemler, Cleveland and David Viele from the PEC. Forrest asked for a Council recommendation to approve all or a portion of the recommended parcels of land for designated open space. In addition, three parcels: the middle bench of Donovan Park, the "par three" parcel in the Booth Falls neighborhood and a parcel near the East Vail water tower were suggested for designation as a park so they could later be considered for open space designation. For such parcels to be considered for open space designation, the following must occur: -owned by the Town of Vail; and -zoned either natural area preservation, outdoor recreation, or agriculture open space; and - be either: 1 } Environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the Division of Wildlife, or the Natural Heritage Program); 2) High natural hazard areas including the 100-year flood plain, red avalanche hazard area, high rock fall hazard area, and high debris flow hazard area; or 3) Vail parks that provide passive outdoor recreation opportunities. n LJ .- • • Forrest emphasized open space designation would result in the "freezing" of an asset located within the Town of Vail. Also, a '/. super majority vote from Council would be required to designate a parcel as open space. Moffet moved and Hitt seconded a motion to designate 21 parcels of land, in 16 tracts in the town of Vail as Open Space per section 13.11 of the town of Vail Charter. The motion passed unanimously, 7-0. Council then considered three parcels to be designated as parks. Kim Ruotolo asked for a definition of passive outdoor recreation. Forrest responded structured, organized activity needs would be considered "active" recreation. Following an overview of the recommended parcels, which include numerous stream tract areas, Farrow Hitt emphasized the importance of protecting stream tracts. Donovan agreed. Kent Logan inquired why the matter was before Council at this time. Hitt responded he was part of the impetus prompting the action due to the need for some housekeeping. Donovan applauded the effort. Jim Lamont, Vail Village Homeowners Association, stated as the community continues to mature, future generations will require parcels of land where additional recreation can occur. Donovan requested a work session item providing details of designation/zoning and potential use. With Council expressing support for the 20 qualifying properties, Council voted 4-3 to direct staff to prepare a process for designating the three remaining recommended parcels as parks. Logan, Moffet and Ruotolo were opposed. Hitt moved and Donovan seconded a motion directing an exploratory process. The sixth item on the agenda was the First Reading of Ordinance No. #6, Series of 2005, an ordinance adopting a revised approved development plan for Special Development District No. 6, Vail Village Inn, Phase I, to allow for modifications to Units 16, 17 AND 29, Vail Village Plaza Condominiums, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1g~ Filing.On January 24, 2005, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. #6, Vail Village Inn. Council approved the ordinance, 6-1, Donovan dissenting. Bill Pierce, architect, representing Liz and Luc Meyer, introduced the item explaining the need for the ordinance. The ordinance allows for an additional dwelling unit in a Special Development District (SDD). Cleveland inquired about available parking for the entire SDD. Pierce responded Mr. Meyer had adequate parking for the proposed dwelling unit. Donovan recommended the applicant contribute to a higher proportion of streetscape improvements along Meadow Drive rather than the current formula. Moffet moved and Hitt seconded the motion to approve. The seventh item on the agenda was the Second Reading of Ordinance No. #3, Series of 2005, an ordinance amending Section 12-114, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town Code. Upon staff recommendation, Council unanimously approved, 7-0, to table the second reading of this ordinance to March 1. Forrest clarified a publication error led to the staff recommendation to table. Moffet moved and Ruotolo seconded the motion to table the item. The eighth item on the agenda was the Second Reading of Ordinance No. #4, Series of 2005, an ordinance repealing and reenacting Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the 2003 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy U Conservation Code; 2002 Edition of the National Electrical Code; and with regard to the above-described codes, adopting certain appendices. The ordinance passed 5-2, with Donovan and Moffet opposed. Donovan and Moffet questioned the efficacy of exposing the town to federal accessibility standards, Americans with Disabilities Act (ADA), requirements. Town Attorney Matt Mire cautioned against approving an ordinance that deviated from federal law. During the public comment period, Kaye Ferry stated ADA requirements leave no room for rational thought, as many buildings in Vail are impractical to be made accessible. Jim Lamont, Vail Village Homeowners Association, asked by what means the town can alter the code so it meets localized conditions. Slifer responded Council had clarified the issue in its previous meeting. Ruotolo moved and Hitt seconded the motion to approve. The ninth item on the agenda was the Town Manager's Report. - Information Booth Updates Zemler reported staff had developed a proposed process and steps for selection of an operator to manage the Vail information booths once the current contact expires at the end of September. The proposed timetable includes seven phases as follows: --Phase 1-Information Gathering., February 15 -March 15, 2005 --Phase 2--Development of Request for Proposals Criteria, March 15 -April 19, 2005 --Phase 3--Issuance of Request for Proposals, April 20 -June 1, 2005 --Phase 4--Evaluation of Proposals, June 2 -June 5, 2005 --Phase S--Selection of Operator, June 21 -July 5, 2005 --Phase 6--Approval of Operating Agreement, July 6 -August 2, 2005 --Phase 7--Preparation for New Contract Period, August 3 -October 1, 2005 Zemler then recommended reinstalling the Council Visitor Center Subcommittee (Farrow Hitt, Kim Ruotolo, Stan Zemler and Suzanne Silverthorn) to manage the process and bring its recommendations to the full Council for decisions on the RFP document and selection of the operator. Zemler emphasized the town should thoroughly examine how information is provided, mentioning geographic distribution and visitor characteristics. Having recently returned from afact-finding visit to the European Alps, it was reported Greg Hall and Jim Lamont will share how information is disseminated there. Ruotolo requested a fifth member be added to the committee. Hitt received clarification from the town attorney his employment at a local lodge would not cause him to have a conflict of interest. Donovan stated experience running an information center should not be a criteria used to determine an operator. Council voted unanimously, 7-0, for approval of the proposed schedule. Moffet moved and Cleveland seconded the motion to approve. Simultaneous to the steps outlined above, staff also encouraged the development of a Visitor Information Master Plan to be completed in the fall of 2005. As proposed, the master plan would include an audit of current visitor information systems as they relate to guest arrival, the experience while here, and guest departure. In addition, the master plan would contain a hierarchy for way finding systems and would address future location(s) and related services for the Vail Visitor Centers. - Commission on Special Event (CSE) Logo Recommendation Zemler reported at its January 25, 2005, meeting, the CSE voted to send the following recommendation to the Vail Town Council: Instead of the regular Town of Vail municipal logo, the CSE is asking that all formal contracts with special events promoters require the use of the Vail Local Marketing District (VLMD) THINK SUMMER. THINK VAIL. logo in all advertising and marketing material. Subsequently, staff recommended all special events promoters (based on seasonality) through contract with the CSE incorporate both n U the Town of Vail municipal logo, as well as the THINK SUMMER. THINK VAIL. logo on all advertising and marketing promotions. Cleveland moved and Donovan seconded approval of the staff recommendation. The motion passed unanimously. - Formation of Seibert Circle Committee Zemler informed Council staff had constructed an aggressive timetable to develop a decision on the Seibert Circle renovation. Zemler recommended using the existing streetscape committee, an AIPP member, Pete Seibert Jr., Dan Barry and a Vail Resorts representative. Donovan recommended the committee meet weekly until an appropriate proposal is produced. The tenth item on the agenda was Adjournment. The meeting was unanimously adjourned, 7-0, at approximately 8:40 p.m. Moffet moved and Ruotolo seconded the motion to approve. Respectfully Submitted, N C F (~ ~~/r ~~~ '•! .. ~-A~ ~ Rodney E. Slifer, Mayor .7 ~ / -~~'~~,. Lor ei Donaldson, Town Clerk ATTEST: .U Jip~O Minutes provided by Corey Swisher. • .w Vail Town Council Evening Meeting Minutes Tuesday, March 1, 2005 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 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. Code Enforcement Officer Moses Gonzales updated Council on the "Freedom Rock Tour." Gonzales reported a piece of the Pentagon damaged in the 9/11 terrorist attacks in Washington, D.C., would become a part of Freedom Park in Edwards. Prior to arriving in Edwards, the building fragment will be paraded and displayed throughout the county. The second item on the agenda was the Consent Agenda. Council unanimously approved the 02.01.05 and 02.15.05 minutes with no modifications. Cleveland moved and Moffet seconded a motion to approve. The motion passed unanimously, 7-0. The third item on the agenda was the award of a bus bid. Fleet Manager Todd Scholl reported the town sent out nine Request For Proposals (RFP) to bus manufacturers on November 30, 2004, and received one proposal on the due date of January 21, 2005, from Gillig Corporation. The Gillig proposal was reported to be responsive to the bid requirements. Staff negotiated with Gillig over requests for deviations from the technical specifications which resulted in a final price of $282,850 per bus. The total cost for the bus bid was $1,758,000; however, a federal 80/20 split grant led to the reported final price to the town. Cleveland clarified the expense was budgeted and all town buses are now Americans with Disabilities Act (ADA) compliant. Zemler asked Scholl to update Council on the integration of hybrid buses into the town's transit fleet. Scholl stated it (hybrid technology) was an evolving industry, and the town would progressively grow the fleet, as more analysis of the vehicle's performance became available. Moffet moved and Logan seconded a motion to approve. Council unanimously approved the Gillig proposal, 7-0. The fourth item on the agenda was a Conference Center Update. Community Development Director Russ Forrest announced the purpose of the update was to review progress of the design of the Conference Center as well as the projected costs and budget for the construction of the conference center. Kurt Fentress, representing Fentress Bradburn, lead project designers, provided an overview of: • Floor Plans • Building Sections • Design Process Ballroom Configuration Advisory Committee Design Direction Following the building elevation update, Chris Squadra, representing Architectural Research Consultants (ARC), project coordinators, provided a budget overview. Squadra reported Piper Jaffray, project bond counsel, estimated $45,940,000 would be available for the project, $2 million more than originally anticipated. Squadra then presented industry standard contingency estimates and five construction estimates that had been reconciled to one number. Squadra assured Council ARC had received detailed schedules, and the project could be built in 20 months. Unresolved capital budget issues were then outlined. Cost escalation, interest rates, sustainable design or Leadership in Energy and Environmental Design (LEED) certification, affordable housing, Colorado Department of Transportation (CDOT) approval of South Frontage Road right-of-way and building code/zoning Issues were reported to remain as unresolved capital issues. Ruotolo asked how affordable housing would be tied to the project. Forrest responded the issue would first be brought to the Planning and Environmental Commission (PEC) and Design Review Board (DRB), and also stated options may exist for "pay-in-lieu," and the consideration of a further town investment in Timber Ridge and Middle Creek (affordable housing projects). In reviewing the architectural design, Ruotolo expressed concern about the transition from the LionsHead parking garage to the west side of the conference center. Moffet and Slifer commended the Conference Center Advisory Committee for the immense amount of time spent on the project. Moffet offered support for the design, saying it is dynamic and goes with the town. Donovan noted her continued objections to the design style, saying it won't meet approval by the DRB or PEC. She also expressed her philosophical opposition to the project, saying it would compete with the "glut" of conference centers existing in the United States. Hitt asked to see financial projections prior to Council presentations, although he did articulate he liked the direction the project design is taking. Logan stated the advisory committee had the months of March and April to clear up significant questions. He also reported the committee had slowed the project down to review the operating model and is now receiving bids and proposals from entities proposing to operate the facility, as opposed to only consultant studies. Forrest then asked for approval to hold a series of community update meetings. These would occur at the upcoming Vail Valley Chamber and Tourism Bureau (WCTB) and Vail Chamber and Business Association (VCBA) meetings, as well as a community meeting to be held at the Vail Public Library. Forrest then asked for approval to return to Council on March 15 for presentation of a request to take the design to contractors to receive actual bids. Donovan asked about the type of and subject matter of the proposed public meetings, saying they must have more substance than what has been presented in the past. She said citizens need to have a clear understanding of what the purpose of the conference center is and how it will function, such as the food and beverage component. Logan requested a fact sheet be compiled defining specific project goals and the document receive wider circulation than to just those who show up to the meetings. Council ultimately directed staff to move forward as requested. The fifth item on the agenda was the Vail Village Streetscape Phase 2 Construction Contract. Public Works Director Greg Hall requested permission from Council to forego competitive bidding and to negotiate the construction price for the Phase 2 Vail Village Streetscape improvements with B&B Excavating and change order that work into the current Phase 1 construction contract. The general contractor for Phase 1 of the Vail Village Streetscape Project, B&B Excavating, completed the first year of the two-year construction contract. Hall noted the town was pleased with the performance of B&B Excavating and would like to accelerate a portion of the work scheduled for 2006 into the 2005 construction season. The Phase 2 improvements include the following areas: • Children's Fountain. • Gore Creek Drive, Children's Fountain to (but not including) Checkpoint Charlie. • Gore Creek Promenade. Hitt, Cleveland, and Logan asked if the town received a negotiated, competitive or per square foot cost. Hall stated 68~B's original 2004 bid had been very competitive and the town continued to negotiate terms based on the past year's costs and performance. Logan asked for a schedule to be provided, outlining the budget/actual costs of the 2004 streetscape improvements. Moffet moved and Logan seconded a motion to approve. Hall then clarified the recommended approval dealt with a 2005-06 contract. Council unanimously approved, 7-0, the request to grant permission to negotiate a contract. The sixth item on the agenda was the second reading of Ordinance No. #3, Series of 2005, an ordinance amending Section 12-11-4, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town Code. On November 8, 2004, the PEC voted 7-0 to forward a recommendation of approval for the proposed text amendments. On February 1, 2005, the Council approved the first reading of Ordinance No. 3, Series of 2005, by a vote of 7- 0. Cleveland requested staff provide a separate summary or highlights be provided in Council memorandums documenting requested changes to ordinances between first and second readings of ordinances. Hitt questioned the difference between new construction and redevelopment. Mire clarified the ordinance referenced a development plan which applied to both new and redevelopment. Cleveland emphasized the ordinance would give the town standards regarding erosion control, "We aren't regulating anything differently than we are already doing." Moffet asked who would enforce the ordinance and what is the applicant's appeal process if a permit is not approved. Forrest responded normal code enforcement measures/procedures/personnel would be utilized. Donovan asked why the ordinance was needed at this point and time. Town Environmental Officer Bill Carlson stated federal clean water standards are becoming more stringent. Carlson also emphasized the town pays the Eagle River Watershed Council (ERWC) more than $100,000 per year to protect Gore Creek and the ordinance would enhance water quality protection efforts. Moffet moved and Cleveland seconded a motion to approve. The ordinance passed, 6-1, with Slifer opposed. Slifer was concerned the ordinance would serve as a hindrance to the building permitting process. Slifer concluded, "I'm afraid we are just creating another layer of cost and delay." The seventh item on the agenda was the second reading of Ordinance No. #6, Series of 2005, an ordinance adopting a revised approved development plan for Special Development District (SDD) No. 6, Vail Village Inn (WI), Phase I, to allow for modifications to Units 16, 17 and 29, Vail Village Plaza Condominiums, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1st Filing. On Jan. 24, 2005, the PEC forwarded a recommendation of approval, with conditions, to the . ;. Council for the proposed major amendment to SDD No. 6, WI. Town Planner Bill Gibson clarified a parking issue and the related condition of approval that surfaced during first reading of the ordinance. Gibson stated there is currently a parking deficiency at the WI, which will be resolved with the construction of the Vail Plaza Hotel. This request by the applicant Luc Meyer will reduce the parking requirement for this site by one parking space. Bill Pierce, representing the applicant, noted that Meyer has agreed to tie the title of an existing parking space to the new condominium to further address any concerns about parking. Moffet moved and Ruotolo seconded a motion to approve. The motion passed unanimously, 7-0. The eighth item on the agenda was the second reading, Ord. #7, Series of 2005. An ordinance to designate 21 parcels of land (16 areas) in the Town of Vail as open space as per section 13.11 of the Town of Vail Charter. Due to a publication error, staff recommended Ord. #7, Series of 2005, be tabled until the March 15 Evening Session meeting. Cleveland moved and Moffet seconded a motion to approve. Council unanimously approved the recommendation, 7-0. Hitt asked about the designation of three separate parcels as parks. Mire stated, if the Council chooses to do so, he would advise Council to use the ordinance process for park designation. The ninth item on the agenda was the Town Manager's Report. There was no report. The tenth item on the agenda was Adjournment. Moffet moved and Cleveland seconded a motion to adjourn. The meeting was adjourned at approximately 8:20 p.m. Respectfully Submitted, ~~` ~ __ ~~ ~, Rodney E. Slifer, Mayor ATTEST: ~`} ,`O~t•- OF 1i,9 ~~~~~ _ ~l ~~. ~ ~~ Lorelei Donaldson, Town Clerk :SEAL •n=••....••s•: Minutes provided by Corey Swisher. i~ Vail Town Council Evening Meeting Minutes Tuesday, March 15, 2005 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 Slifer called the meeting to order at approximately 6:05 p.m. The first item on the agenda was Citizen Input. Former Vail Mayor Kent Rose requested Council petition the Vail Recreation District (VRD) to dissolve. Rose stated the VRD is continually criticized for not being responsive to citizens or being fiscally responsible. Rose then said elimination of the VRD would end duplicate functions and make the town ultimately responsible for recreation programming. Rose finished by reporting three more golf courses were being located in the Vail Valley this summer, only increasing competition for the Vail Golf Course. Mark Gordon thanked Council for conducting an orderly public comment session during a recent informational session for the proposed Crossroads redevelopment. Gordon then encouraged Council to maintain the same comment restrictions during the evening's conference center update. Scott Proper, VRD Board Member, spoke to make Vail residents aware the VRD wants to see changes and any avenue potentially leading to better recreation services in Vail will be explored. The second item on the agenda was the Conference Center Update. Community Development Director Russ Forrest announced on February 24 the Vail Conference Oversight Committee met to review progress on the conference center design. The committee voted to recommend forwarding the design to three general contractors for cost estimates. Forrest then provided the audience and Council with a comprehensive review of progress to date on the conference center, subsequently requesting Council to review: - Progress and public input on the design and review of the capital budget for the project. - Grant permission to forward the design to the three general contractors. :~ ~ - Grant permission to issue a Request for Proposal (RFP) for operation and management of the facility. Forrest stated the primary objective of the RFP for operations was to minimize operational deficit, seamlessly integrate marketing, operation, and management of the facility and to leverage existing resources in the town. Forrest then focused on a recently provided HVS study emphasizing study results of market demand, and review of estimated operation costs. Curt Fentress, principal in charge of design, representing Fentress Bradburn, stated the center's schematic designs were completed and 80% of the structural design had been finished. Fentress provided an overview of floor plans and potential ballroom layouts while also reporting design refinements were made based on Council and public input. During an opportunity for public comment, Rob Levine stated the opportunity to create a conference center provided a very exciting time for the town. Jim Feldhaus, representing Colorado Mountain Express, encouraged Council to move forward on the project post haste. Ed O'Brien, Chairman of the Vail Valley Medical Center, also encouraged Council to move forward with the proposed project. Stan Cope, Conference Center Oversight Committee member, reported the committee had found no fatal flaws in the proposed project. Mark Gordon applauded the functional design of the center and the potential creation of 329 jobs. Logan stated a reserve fund had been accumulated to help offset introductory operating deficits. Donovan said she believed the process was out of sync, and the reported facts did not support moving forward on this project. She also stated the architectural design of the proposed center is terrible and is not iconic for Vail, Colorado. She expressed concern the RFP for operations was a "fishing trip." Slifer stated the Oversight Committee had spent significant time discussing governance of the facility. Ruotolo asked how many responses were anticipated from interested operators. Chris Squadra, representing Architectural Research Consultants (ARC), stated a half-dozen companies have expressed interest. The question was asked whether three weeks is adequate to respond to an RFP. Cleveland emphasized staff requests were only requests for proposals and provided a jumping off point. Moffet moved and Hitt seconded a motion to approve. The motion passed 6-1, Donovan opposed. The third item on the agenda was a presentation by the I-70 Central Mountain Transportation Corridor Coalition. Gary Suitor, independent consultant hired by the Northwest Colorado Council of Governments (NWCCOG) began the presentation by explaining the purpose of the I-70 Coalition was to prepare a regionally preferred alternative for the I-70 corridor that could be presented to Colorado Department of Transportation (CDOT). In an attempt to influence CDOT, the Colorado State Legislature, the U.S. Congress, and other Federal and state entities having jurisdiction over planning, implementation, or operation of the corridor transportation project to provide resources to build a regionally preferred alternative to meet the transportation goals of the corridor communities. Public Works Director Greg Hall then presented a synopsis of CDOT's Programmatic Environmental Impact Statement (PETS), which outlines possible improvement alternatives for I-70 between C-470 and Glenwood Springs. As a member of the I-70 Coalition, the group sought Council and community input on a preferred option for highway improvements. Hall explained various proposed alternatives listed in the PEIS including: rail, monorail, buses, additional lanes and high- occupancy vehicle lanes. Jeff Coleman, Region 1 Transportation Director for CDOT, explained potential variances in construction times. He noted any improvements to the interstate would most likely first occur on the Front Range. Moffet questioned the programmatic timing component of the PEIS and stated a belief people living in the mountains will not use transit to go to Denver. He then recommended the investigation of transporting vehicles via freight through the area. Moffet concluded his comments by stating, "Our problem is not congestion it is noise." Ruotolo agreed with Moffet. Cleveland stressed the necessity for subsidizing flights into Eagle County airport because it would decrease congestion throughout the corridor. Hitt also encouraged moving freight instead of people and seconded flight subsidies for the airport. Slifer expressed concern about potential parking issues if more vehicles arrive in the Valley. Jim Lamont, representing the Vail Village Homeowners Association, stated Vail can not remain the same community with more asphalt (traffic lanes) and encouraged Council to be more forward thinking. Kelly Davis, Rocky Mountain Sierra Club Executive Committee Member, emphasized the environmental importance of incorporating fixed guide-way transit. Bert Melcher encouraged the use of new technologies not included in the CDOT inventory of alternatives. Robert Friis offered his professional services as a transportation consultant. Suzanne Mueller said the highway noise is very loud and she would like the noise to be taken care of. She also expressed concern about vehicles leaving the highway and ending up on the South Frontage Road. Gwen Scalpello encouraged investigating what is causing the bulk of the traffic. It was reported Robert Aikens had notified Council of his support for guide-way systems. The fourth item on the agenda was a Village Streetscape Phase II Construction contract Award for 2005-2006. The Town of Vail and Eagle River Water and Sanitation District (ERW&SD) cooperatively designed and have received a proposal for construction improvements in Vail Village. Council previously directed the Town Manger to negotiate a price for the improvements. These improvements included the replacement of utility lines, drainage system improvements, installation of a snowmelt system and final streetscape treatment for the Children's Fountain, Gore Creek Drive from Mill Creek to Hanson Ranch Chute, Gore Creek from Children's Fountain to Checkpoint Charlie, the Gore Creek Promenade, and Willow Bridge Road from Checkpoint Charlie to and including the International Bridge. The project will continue in a spring and fall construction sequence for the next two years, 2005-2006. Staff recommended Council direct the Town Manager to execute a contract with B & B Excavating for an amount up to $5,765,000. The project falls within the budget established within the capital projects and Real Estate Transfer Tax (RETT) budgets approved for 2005 and recommended for 2006. Ruotolo moved and Donovan seconded the motion to approve the request. The motion passed unanimously, 7-0. Cleveland asked about the contributions of private property owners benefiting from the improvements and was told those negotiations were continuing. Slifer announced an open house had been hosted by the town earlier in the evening for the purpose of explaining construction scope and impact. Zemler stated a meeting of a similar nature had also been held on March 11 and was well attended. The fifth item on the agenda was the first reading of Ordinance No. #5, Series of 2005, an ordinance amending Section 6-3C-5C of the Vail Town Code, concerning the possession of liquor by underage persons. Town Attorney Matt Mire asked Council to consider text amendments necessary to the Town of Vail Police Regulations, as they relate to the possession or consumption of liquor by underage persons, to be consistent with the Colorado Revised Statutes. Mire stated town code does not currently address the possession/consumption of liquor by underage persons on private property and the current loophole in the town code would be addressed by the proposed legislation. Mire emphasized the language of the ordinance mirrored state statute. Buck Allen, Vail Municipal Judge, reported to Council a minor in possession is not normally an arrestable w • offense. Moffet moved and Ruotolo seconded a motion to approve. The motion passed unanimously, 7-0. The sixth item on the agenda was the first reading of Ordinance No. #8, Series of 2005, an ordinance for the conveyance to the Vail Corporation, d/b/a Vail Associates, Inc., of certain portions of Tract C, Vail/LionsHead first filing, and Tract C, Vail/LionsHead third filing, which are owned by the Town of Vail, and for the vacation and termination of certain existing public utility and drainage easements within Vail/LionsHead, first and third filings, all in connection with the development of the LionsHead "Core" site, a/k/a Arrabelle at Vail Square. Due to a predetermined conflict of interest, Slifer recused himself from the item. Town Attorney Matt Mire stated the ordinance contemplates closing requirements made by Council several months ago for the LionsHead Core Site. Mire then stated this ordinance was for the purpose of (i) authorizing the conveyance by the Town of Vail to The Vail Corporation, d/b/a Vail Associates, Inc., of those portions owned by the town of the approved development site for the Lionshead "Core," also having the project name of "Arrabelle at Vail Square," such conveyance being conditioned upon the closing under the Core Site Development Agreement, and (ii) terminating pre-existing platted easements within the Core development site, conditioned upon the closing under the Core Site Development Agreement and the provision of necessary replacement easements. Moffet moved and Hitt seconded to approve the ordinance. The motion passed unanimously, 6-0. The seventh item on the agenda was the second reading of Ordinance # 7, Series of 2005: Consideration of a recommendation by the Open Space Board of Trustees to include 20 parcels of land in 16 areas as designated open space. On January 25, 2005, the Vail Open Space Board of Trustees met at a scheduled meeting and unanimously voted to recommend 20 properties (16 areas) to Council for Open Space Designation. Furthermore, the Open Space Board of Trustees voted unanimously to forward a recommendation to the Vail Town Council that the properties in Attachment B referenced as A, B, & C be considered for designation as parks so that they could be considered for designated open space in the future. On February 15, 2005, Council requested staff determine the appropriate steps to designate a parcel of land as a park. The town attorney since then concluded the action should be done through the approval of an ordinance. Subsequently, Russ Forrest requested Council approve all or a portion of the recommended parcels of land for designated open space. In addition, staff requested direction on whether an ordinance should be developed and presented to the Council, designating three separate properties as parks, including the Middle Bench at Donovan Park. Forrest reported no changes had been made to the ordinance since first reading, other than the inclusion of a legal description of Pirate Ship Park. Hitt emphasized the three other parcels under consideration for park designation had been purchased with funds from the Real Estate Transfer Tax. Ruotolo asked that parcel five on Spraddle Creek be removed from consideration for open space because of its close proximity to I- 70 and potential for other uses, such as an information center. Cleveland moved and Hitt seconded a motion to approve. The motion passed 6-1, with Ruotolo dissenting. The eighth item on the agenda was the Town Manager's Report. - Revenue Recovery Group Town Manager Stan Zemler explained staff planned to engage the Revenue Recovery Group (RRG), an organization that provides consulting and audit service to municipalities for sales and lodging taxes, franchise fees, and other tax r _j issues. The primary service staff plans to use is a group audit in which RRG audits companies doing business in multiple jurisdictions to assure they are paying the proper amount of tax to each. Costs of the audit are shared among the agencies involved. Aspen recently recovered $165,000 from one company as a result of a group audit performed by RRG. Donovan asked that if approved, a letter be sent to all business license holders in the town notifying them of the action. Moffet urged caution and asked staff to carefully monitor how RRG's compensation schedule is determined. The ninth item on the agenda was Adjournment. The meeting was adjourned a1 approximately 10:25 p.m. Moffet moved and Ruotolo seconded the motion to adjourn. The motion passed unanimously, 7-0. Respectfully Submitted, ~~~ ~~~~' ~% V Rodney E. Slifer, Mayor ATTEST: \ O~N.OF~ / i • • ' SEAL ' Lorelei Donaldson, Town Clerk :~ S • .~ ~~. Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, April 5, 2005 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 Battle Mountain High School (BMHS) Hockey Team Recognition. Slifer began the presentation by stating the BMHS hockey team has only existed for four years and the team was formed and sponsored through the efforts of Vail Junior Hockey. Slifer continued since the team's existence, they have played twice for the state title, 2002 and 2005, and have been semi-finalists the other two years, 2003 and 2004. This year's team was undefeated through the regular season and ended the season with a record of 22-1 and as State Runner Up. Two players, Austin Chow and Brad Myers, broke the state scoring record with Chow being the new record holder. The Rocky Mountain News and Denver Post recognized Myers and Chow as first team all-state. Jonny Stevens, Evan Sherer and Alex Siegler were named honorable mention all-state. Both newspapers named Austin Chow as Colorado Player of the Year. Ten members of the team were recognized by Colorado High School Activities Association (CHSAA) as All- state Academic (3.22 + Grade Point Average). The first item on the agenda was Citizen Input. Jenni Reeka, a LionsHead spa owner, stated she was not a Meadow Drive merchant and has subsequently been disallowed from participating in the Vail Farmers' Market, which takes place on Meadow Drive in Vail Village. Reeka asked if the town could intervene in some way to enable her participation. The second item on the agenda was the Consent Agenda. 03.01.05 and 03.15.05 Minutes Approval. Moffet moved and Ruotolo seconded a motion to approve the minutes without amendments. The motion passed unanimously, 7-0. The third item on the agenda the Design Review Board (DRS), Planning and Enviornmental Commission (PEC), and Arts in Public Places (AIPP) Board Appointments. Staff requested Council: 1) appoint two applicants to the DRB for a term of two years each (through March 31, 2007); 2) appoint three applicants to the PEC for a term of two years each (through March 31, 2007); 3) appoint three applicants to the AIPP for a term of three years each (through March 31, 2008); and 4) appoint an alternate from the Building and Fire Code Board of Appeals (BFCBA) for a term of five years (through March 31, 2010). BFCBA: As there were no letters of interest for the BFCBA vacancy position, and Kathy Langenwalter was already appointed as a first alternate, staff requested Langenwalter be appointed as a full-time member of this board to serve from April 1, 2005 to March 31, 2010. Ruotolo moved and Moffet seconded the motion to approve the staff recommendation. The motion passed unanimously, 7-0. DRB: Cleveland moved and Ruotolo seconded a motion to appoint Sherry Dorward and Lynn Fritzlen to the DRB. Moffet then moved and Hitt seconded to direct staff to begin the process to amend the DRB enabling ordinance so membership would increase from five to seven. Both motions passed unanimously, 7-0. PEC: Cleveland moved and Hitt seconded to appoint Chas Bernhardt, Doug Cahill and Bill Jewitt to the PEC. All are reappointments. The motion passed unanimously, 7-0. AIPP: Cleveland moved and Ruotolo seconded to approve Susan Frampton, Timothy Losa and Jennifer Mason to the AIPP board. The motion passed unanimously, 7-0. The fourth item on the agenda was the Seibert Circle Redesign. Council was asked to review and respond to the recommendation from the Streetscape Design Committee (SSDC) to reconstruct the Seibert Circle area as part of the Village Streetscape project. The SSDC, assisted by Wenk and Associates, and project facilitator, Joe Kracum, set out to develop a new design concept for Seibert Circle which would have four-season appeal, be a gathering and seating area, and create a new "post card" image for the town. Kracum reported the SSDC has developed and unanimously agreed to support such a concept for the inclusion in the Village Streetscape project. The proposed concept incorporated a European inspired feature with the four-season attraction of water fountains and fire features into Seibert Circle. The intent of the feature is to honor Vail's legacy. Brent Lloyd, representing Wenk and Associates, stated a variety of approaches for the important honor have been suggested including commemoration of the 10th Mountain Division and a broader theme of honoring the history of the community and the Vail Valley. Lloyd continued, in addition to the main feature, warming/fire features are incorporated in the design to promote gathering and numerous additional seating opportunities are created. The estimated cost of the proposed redesign/development is $1.1 million. In response to a question from Logan, Lloyd stated any variability in the cost of the project would most likely occur with the vertical element. Lloyd also assured Council, if approved, the Circle redevelopment would be completed by Christmas 2005. Ruotolo inquired if the original artist, Jesus Moroles, would approve of moving the existing sculpture. Hall and Lloyd stated Moroles had been made aware of the redesign plans and approved of moving his sculpture. During a pause for public comment, Pete Seibert, Jr. stated the conceptual renderings of the circle would be something his father (Pete Seibert, recognized as one of the original founders of Vail) would have liked and approved of. Alan Kosloff, SSDC member, stated the committee make-up represented a "pure" group/representation of the town and the existing sculpture was polarizing, with the proposed recommendation offering the opportunity to bring the town together. Sheika Gramshammer stated the circle design should be simple and truly represent a space Pete Seibert would have appreciated. She did not support the inclusion of fire into the element, as it would upset adjacent neighbors. Rick Mueller, adjacent property owner, reiterated Gramshammer's remarks, and stated the circle should be worthy of a post card. "If we don't approve this now, I don't think it's going to happen in our lifetime." Barbie Christopher, AIPP Member, reiterating former AIPP recommendations, stated the present circle design is cold and uninviting and does not capture the European charm of the Village. Slifer thanked Donovan and Cleveland for representing Council on the SSDC. Moffet expressed concern the plan involves moving the Moroles piece without having a designated relocation point. He also stated he was concerned the design resembled a cold former Eastern European bloc. Hitt stated he thought the conceptual design was a move in the right direction. Donovan acknowledged she would vote for the conceptual design, only because she had been assured the project would be completed by fall of 2005. Ruotolo said she thought redesigning the circle was a terrible waste of money. Cleveland stated he would vote against the proposal even though he liked the design and his decision was based purely on the fiscal ramifications. Logan stated, if we are going to spend money on a site in the town, Seibert Circle is a most appropriate place. Logan moved to approve the recommendation to relocate the Moroles art piece to a location still to be determined and design and construct the presented concept with the proviso the project be completed in the fall of 2005. Hitt seconded. Zemler reported for the record, Vail Resorts could contribute up to $500,000 for the circle's feature if the corporation approved the design. Zemler also asked for an "up to" amount of $1,134,000 for the project be designated in the motion. The motion passed 5-2, with Ruotolo and Cleveland dissenting. The fifth item on the agenda was a draft agreement between the Town of Vail and the Timber Ridge Affordable Housing Corporation (TRAHC). Mire reported the agreement memorializes the reporting and financial disclosures Council requires of the new TRAHC board. It was reported the TRAHC board approved the agreement at its last meeting and requested a motion for approval by the Council. Moffet moved to approve the draft agreement with Cleveland seconding. The motion passed unanimously, 7-0. The sixth item on the agenda was a Vail Conference Center Update. Forrest reported the Conference Center Oversight Committee had requested permission to proceed through the development review process with the Conference Center design reviewed previously by Council on March 15, 2005. Moffet moved to schedule a work session with the PEC to present the current design and develop preliminary opinions. Logan seconded. The motion passed unanimously, 7-0. The Committee has felt obtaining initial input from the PEC and DRB prior to issuing bonds is important in determining whether the capital budget for the project is adequate. During a pause for public comment, Nancy Rondeau stated she believed elected officials represented local opinion only during election time and encouraged Council to (exercise adequate anticipation and well informed perception). Paul Rondeau expressed concern no one on the Oversight Committee had contacted him regarding proposed suggestions presented by him in various articles in the Vail Daily and at public meetings. He then stated he believed the Committee is arrogant and (hubris in nature). Logan stated the public process involved in the development of the conference center was extraordinarily thorough and represented true democratic principles. Logan again thanked Zemler for orchestrating a successful financial year and expressed appreciation for Zemler's efforts with the conference center. Logan then emphasized there have been no decisions made to formalize moving forward with the conference center. Hitt reiterated Logan's comments. The seventh item on the agenda was an appeal of the DRB denial of the proposed locations and backlighting of the Vail Happenings Signs (DRB05-0028), located at Slifer Plaza, The Children's Fountain, Crossroads Mall, and the LionsHead bus stop. Town Planner Elizabeth Eckel stated on May 21, 2003, the DRB approved an application submitted by the appellant to erect four metal "public information signs" (one of which was already erected). The DRB approved the application with two conditions: there be no lighting and the signs would be temporary. On February 1, 2005, the appellant submitted an application to backlight all four signs. Staff reviewed the DRB's previous conditions of approval and determined the proposal's lack of compliance with the standards of Title 11, Section 11-2-1 of the Vail Town Code. The staff therefore denied the application on February 16, 2005. Staff rescinded the denial previously issued to the appellant and allowed the appellant to appear before the DRB on March 2, 2005. On March 2, 2005, the DRB denied the appellant's proposal to backlight the Vail Happenings signs installed at these locations on the basis public information signs should not be exempt from the standards to which all other signs in the town are held accountable, including backlighting. The Community Development Department therefore recommended the Council uphold the DRB's denial of the application. Town Planner Matt Gennett provided various photographs of examples of illuminated signs currently existing within town limits. Rick Scalpello stated for the past two years he has produced and installed the lighted sign inserts and they only included public messages. Logan and Moffet asked why staff was recommending the DRB denial be upheld. Gennett clarified the difference between advertising and public information is open to interpretation. Cleveland moved to overturn the DRB decision. Logan seconded the motion. The motion passed unanimously, 7-0. The eighth item on the agenda was the First reading of Ordinance No. #9, Series 2005, an Ordinance making Supplemental Appropriations to the 2005 Budget. Camp stated the ordinance prepared for Council packets had been developed prior to the decision made earlier in the evening to include Seibert Circle in planned streetscape improvements. Camp stated the contribution would not affect the appropriation. Moffet moved and Cleveland seconded. The motion passed unanimously, 7-0. Donovan then requested Camp provide an overview of the financial success of the town in 2004. Camp responded accordingly. The ninth item on the agenda was the Second reading of Ordinance No. #5, Series of 2005, an ordinance amending Section 6-3C-5C of the Vail Town Code, concerning the possession of liquor by underage persons. Mire announced one amendment had been made between first and second reading. Moffet questioned the inclusion of containing ethyl alcohol as it exists in many household projects. Mire stated it was already in the Town Code and was consistent with other local jurisdictions including the Colorado Revised Statutes. Buck Allen, Vail Municipal Judge, stated over-zealous policing is not commonplace in Vail. Moffet moved with Cleveland seconding the motion to approve. The motion passed unanimously, 7-0. The tenth item on the agenda was the Second reading of Ordinance No. #8, Series of 2005, an ordinance for the conveyance to the Vail Corporation, d/b/a Vail Associates, Inc., of certain portions of Tract C, Vail/LionsHead first filing, and Tract C, Vail/LionsHead third filing, which are owned by the Town of Vail, and for the vacation and termination of certain existing public utility and drainage easements within Vail/LionsHead, first and third filings, all in connection with the development of the LionsHead "Core" site, a/k/a Arrabelle at Vail Square. Due to a predetermined conflict, Slifer voluntarily recused himself from the item. Mire explained the purpose of the ordinance was to: (a) authorize the conveyance by the Town of Vail to The Vail Corporation, d/b/a Vail Associates, Inc., of those portions owned by the town of the approved development site for the LionsHead "Core," also having the project name of "Arrabelle at Vail Square," such conveyance being conditioned upon the closing under the Core Site Development Agreement, and (b) terminating pre-existing platted easements within the Core development site, conditioned upon the closing under the Core Site Development Agreement and the provision of necessary replacement 4 easements. Moffet moved and Ruotolo seconded a motion to approve the ordinance. The motion passed unanimously, 6-0. The eleventh item on the agenda was Resolution No. #5, Series of 2005, designating authorized signers on the town's investment account to include Stan Zemler, Pamela A. Brandmeyer, and Judy G. Camp as signers on the Yown's investment accounts held at Charles Schwab. The resolution removed three employees who were no longer with the town and replaced them with three current employees as authorized signers. Moffet moved and Hitt seconded a motion to approve the resolution. The motion passed unanimously, 7-0. The twelfth item on the agenda was Resolution No. #6, Series of 2005. A resolution, pursuant to Section 8-1-21(8)(2) Vail Town Code, authorizing street-cut permits to be issued between March 15 and April 15 of each year in certain circumstances. Mire announced the resolution was requested by the Town Manager to allow flexibility in construction timing during the approximately $1 billion of public and private redevelopment scheduled to take place in the town over the next three years. This resolution allows the Town Manager and Public Works Director to issue street-cut permits prior to April 15 in certain instances, for public convenience and necessity. Moffet moved and Logan seconded a motion to approve. The motion passed unanimously, 7-0. The thirteenth item on the agenda was Resolution No. #7, Series of 2005: Resolution designating three properties in the Town of Vail as parks. Forrest reported on January 25, 2005, the Vail Open Space Board of Trustees met at a scheduled meeting and unanimously voted to forward a recommendation to the Vail Town Council that the properties in Attachment A of Resolution #7 referenced as A, B, & C be considered for designation as parks (so they could be considered for designated open space in the future). Moffet moved to designate parcels B and C as parks. Ruotolo seconded the motion. Ruotolo asked if park designation further restricted the property's use. Mire and Forrest responded the parcel's future use would not be limited. The motion passed passed 5-2, with Hitt and Cleveland opposed. During a pause for public comment, Jerry Sibley asked why Moffet had singled the two parcels out. Moffet did not respond with a reason. Hitt then moved to approve Parcel A as a park with Donovan seconding. Wolf Mueller encouraged Council to make parcel A, the Middle Bench at Donovan Park, an official park. The motion passed 5-2, Moffet and Ruotolo opposed. The fourteenth item on the agenda was the Town Manager's Report. Fire Technician Tom Talbot reported the fire department had been contacted by the United States Forest Service (USES) about a potential "burn" in the Booth Creek area of Vail. The burn could possibly occur during the window of April 15 to May 15. Talbot stated the burn would help to provide expanded grazing lands for bighorn sheep, elk and deer. Donovan expressed grave concern over the potential hazards of a prescribed burn. The fifteenth item on the agenda was Adjournment. The meeting was adjourned at approximately 8:40 p.m. Moffet moved and Logan seconded a motion to adjourn. The motion passed unanimously, 7-0. Respectfully Submitted, 0~ v'a/(~ ~?' o•~ ti -- : p, ' S~ ~. 'o :o ATTEST: co~~ ~` Lorelei naldson, Town Clerk ~, £~ Rodney E. Slifer, Mayor Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, April 19, 2005 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 Not present: Kent Logan Staff Members: Pam Brandmeyer, Acting 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 Mauri Nottingham Award Presentation. Town Environmental Officer Bill Carlson introduced the 2005 Mauri Nottingham Environmental Awards. Matt Scherr, Executive Director of the Eagle Valley Alliance for Sustainability, also recognized the following "Community Heros." Youth: Rudy Olin Rudy, a student at Eagle Valley High School, designed and installed interpretive signs at the Sylvan Lake trailhead, earning him the distinction of an Eagle Scout. These signs describe different wildlife that can be found along the trail, as well as a description of the "Halfway House." Olin thanked all those who helped him with the project, especially Doug Seacrest and his parents. Individual: Allen Best Allen Best, a freelance writer whose stories have appeared in local newspapers for more than a decade, is aself-described environmentalist. Allen uses his writing not to preach, but to provide a range of thoughtful perspectives and insights to help raise awareness about environmental matters that have, or will, impact our lives. His articles and commentary appearing in the Vail Daily and Mountain Town News provide the foundation for raising the community's environmental consciousness and serve to create a platform for on-going community dialogue and public policy. Best stated he was honored for receiving the award and sharing the same path as Mauri Nottingham after whom the award is named. Best recommended the town once again raise the bar in its environmental activity. In particular, Best encouraged Council to pursue new and innovative solutions to improve the I-70 corridor. In response, Donovan thanked Best for helping to place the environment back in the forefront of local conversation. Organization: Eagle River Watershed Council The Eagle River Watershed Council (ERWC) advocates the health and conservation of the Eagle River watershed through education, research and projects. The ERWC provides a forum in which everyone can participate and gain a greater understanding of the Eagle River environment. The ERWC won the award for creatively raising awareness and inspiring action toward local water issues. Ann Esson, representing the ERWC Board, thanked Council and the town for the award. Brian Healy, U.S. Forest Service Fisheries Biologist, thanked the ERWC for its hard work. The following are examples of the achievements and efforts of this valuable community organization: 1. Steering various public agencies to clean sand from the beautiful Black Gore Creek that discharges into Vail's Gore Creek. 2. Land preservation at Tennessee Pass in conjunction with the Eagle Valley Land Trust. 3. The annual highway and river clean-up that doubles as a great social event for the community. 4. WaterWise Wednesdays that raises awareness of water issues in a way that makes the incredibly complex and often dreary topic simple and entertaining. The third item on the agenda was a Request to Proceed through the Development Review Process with a proposal involving the use of Town of Vail owned property. The applicant, James King Jr., represented by Beth Levine, architect, requested to proceed through the development review process with a proposal involving the use of town property. The King residence is located at 272 West Meadow Drive/Lot 9, Vail Village Filing 2. Ruther explained, previously a patio at the rear of the residence was constructed on town owned property without town approval. The property is part of the Gore Creek steam tract and zoned Natural Area Preservation District (NAPD). Levine asked the patio be "grandfathered" into town code compliance. The applicant recently received town approval for a remodel of the residence with the condition the patio improvements be removed from the town's property. The applicant requested continuing the use of the patio on the town owned property. Council serves the role of "property owner" for all town owned property. Therefore as the property owner, Council must consent to the applicant proceeding through the town's development review process with a proposal involving the use of town owned property. Ruther, on behalf of the Community Development Department, recommended Council deny the applicant's request to proceed through the process. Cleveland asked why this was not an appeal and verified the patio/path was on town property. Ruther clarified he believed it was the applicant's assumption, if the request was approved, it would have greater administrative leverage when approaching the DRB. Hitt clarified the area was in the town owned Gore Creek stream tract and was zoned NAPD. Slifer stated he would not want to set a precedent by allowing private use of the stream tract. Moffet moved to deny the request to proceed and required the owners restore the area to its natural condition. Cleveland seconded the motion. The motion passed unanimously, 6-0. Jim Lamont, representing the Vail Village Homeowners Association, supported the decision to preserve the natural environment. Council then directed staff to survey all of the stream tract, not just Gore Creek, throughout the town to ensure no similar encroachments are occurring. The fourth item on the agenda was an Appeal of Denial of Exemption from Real Estate Transfer Tax for the Conveyance of Lodge at LionsHead, Phase III, Unit 7. Mire announced the appellant, Donald L. Erftmier, represented by Daniel F. Wolf, esq., appealed a decision made by the Town Manager on or about February 24, 2005, denying his Real Estate Transfer Tax (RETT) exemption application. Mire reported the appeal letter and relevant supporting documents were contained in Council packets. 2 Mire stated the transfer was made from a partnership for $1.4 million. Subsequently, Mire explained, no exemption applies to the transfer. "It is possible that 20% of the requested exemption may be exempt based upon further review and analysis of additional information." However, at the present time, the request was required to be submitted for the agenda, such a request had not been made and such information had not been provided by the appellant. Mire recommended Council uphold the decision of the Town Manager, denying the exemption request, and stated he would research the matter further. Moffet moved to deny the exemption and authorized the Town Manager to negotiate the percentage of an amount exempted, if any. Ruotolo seconded. The motion passed unanimously, 6-0. The fifth item on the agenda was a Request for Final Review and Approval of the Vail Resorts/Lionshead Core Site Hotel Operating Covenant Agreement. Due to a predetermined conflict, Slifer recused himself from the item. Ruher announced on September 27, 2004, the applicant, Vail Resorts Development Company, was granted final approval with conditions of a major exterior alteration application allowing for the construction of the Arrabelle Hotel in LionsHead. One of the conditions of approval states, "The Developer shall address the following conditions of approval prior to the issuance of a building permit by the Town of Vail Community Development Department: (note: A grading permit shall constitute a building permit.) The Developer finalizes the Rental Program Proposal and then enters into a written agreement with the Town of Vail that is recorded with the Eagle County Clerk & Recorder's Office, which requires that the Rental Program Proposal is implemented and fully adhered to by the applicant and its assigned and successors for a period of not less then 20 years from the date of the issuance of a temporary certificate of occupancy. The final Rental Program Proposal shall be reviewed and approved by Council following a recommendation on the proposal from the town's PEC." Jay Peterson, representing Vail Resorts, stated the only amenity of the Arrabelle which could potentially be removed, was the spa, based on market demand. Peterson emphasized hotel amenities would never be removed as Vail Resorts was contractually obligated to maintain those amenities in perpetuity. On April 5, 2005, the applicant appeared before the Council for review and approval of the Rental Program Proposal, as required by the PEC. Following discussion on the proposal, Council identified the following issues which must be addressed by the applicant: • The proposal must ensure the common elements of the hotel operation, (i.e., front desk, reservation system, meeting rooms, great room, spa, health club, etc.) endure on the site. • The benefits of the proposal shall be long-lasting and endure a transfer of property ownership. Moffet expressed concern over contract language which would not require owners to maintain common areas. Peterson responded it would be the responsibility of Vail Resorts. "We are obligated to run this as a hotel." Mire stated it was his opinion the contract fulfilled Council requests, although it was Council's decision as to whether the contract met expectations. Cleveland questioned if the building were partially destroyed, whether Vail Resorts would be obligated to honor the contract. Mire answered yes. Hitt expressed concern certain contract language might encourage the hotel to become a private club. Peterson and Mire responded all fees for services would be consistent to those charged at any other "luxury hotel." Moffet moved and Hitt seconded a motion to approve the agreement. The motion passed, 5-0. The sixth item on the agenda was a review of a Draft Request for Proposals for Third Party Operation of the Town of Vail Visitor Information Centers and Review of a Town- Run Operation as an Alternative Approach. Public Information Officer Suzanne Silverthorn reported on April 5, 2005, Council approved a recommendation by the Council Visitor Information Center Committee (CVICC) to direct the committee to draft a request for proposals (RFP) for athird-party operator using the criteria discussed during the presentation and according to the timetable adopted in February. The timetable called for: Council review and approval of the RFP on April 19; issuance of the RFP on April 20; and proposals due to the Town of Vail on or before 12 Noon on June 1. At the time, Council also directed the committee to continue its analysis of a town-run operational structure with an update to occur at the April 19 meeting. Silverthorn then stated preliminary groundwork had been conducted with regard to both scenarios. The CVICC, represented by Ruotolo and Hitt on the Town Council, recommended either: • Formalize purpose, goals, operational standards and evaluation measurements for the Visitor Information Centers to be included in the RFP and approve/modify the RFP as needed for release on April 20, 2005. /or • Direct the Town Manager to begin the process to transition to a town-run operation of the Visitor Information Centers effective October 1, 2005. Silverthorn suggested a conversation be held surrounding whether Council wished to continue with the RFP process. Hitt stated the CVICC had performed an in-depth analysis and subsequently reiterated Silverthorn's comments. Ruotolo and Hitt stated they did not have a preference as to the course to follow and encouraged Council input. Brandmeyer stated town administration, via Town Manager Stan Zemler, was comfortable following either path. Hitt emphasized the CVICC recommended removing "side businesses" (reservation commissions, as an example) from the visitor centers. Donovan supported the town sending out RFPs and maintaining the first right of refusal. Moffet stated, no matter who runs it, the point of the operation is to provide exceptional customer service. He then articulated a belief government agencies were not known to be able to provide it (exceptional customer service). Cleveland stated he was fatigued by readdressing the issue of information centers and trusted the town's ability to provide the valuable service. Slifer reiterated Moffet's statements and stated he thought the town had a "full plate" already (administratively). In response to an inquiry by Donovan, Finance Director Judy Camp advised Council requiring a financial audit of a potential operator would not be financially burdensome to a potential operator and it further protects the town. Donovan offered several amendments to the proposed RFP. Moffet reiterated an interest in including financial incentives for exceptional performance. Hitt made a motion to move forward with an RFP including Donovan's modifications, with Ruotolo seconding. During a pause for public comment, Kelli McDonald, representing the Vail Valley Chamber and Tourism Bureau (WCTB), asked if the RFP evaluation criteria would be weighted. Hitt responded no. Rick Scalpello noted the need to address the circumstances of the LionsHead location, which would be impacted should construction of the Vail conference center proceed. Hitt and Ruotolo responded the issue had already been addressed in the RFP. Responding to a question from Donovan, Silverthorn stated promotional materials currently provided at the information centers had been reviewed by the CVICC. The motion passed 5-1, with Moffet opposed. The seventh item on the agenda was the First Reading of Ordinance No. #10, Series of 2005, an Ordinance approving the Commercial Core Construction Mitigation Sign and Construction Fencing Package which will be implemented by the town to mitigate the impacts of 4 construction in the commercial cores over the next several years. Senior Planner Warren Campbell announced for the past several months Council had been involved in discussions with town staff regarding the need for ordinances and resolutions which will aid the town in mitigating the impacts of forthcoming construction in the commercial core areas over the coming years. Campbell acknowledged, "It has been generally agreed by Council and staff any ordinances and resolutions should resemble those adopted in preparation and implementation of the 1999 World Alpine Ski Championships." The Community Development Department, Public Works Department and Community Information Office recommended Council approve the ordinance on first reading. Moffet moved with Cleveland seconding a motion to approve. Donovan suggested removal of the billion dollar renewal logo as a component of the sign package. Mire noted a packet will be included in the Town Clerk's office for public viewing since sign illustration graphics would be difficult to display in the town's newspaper publication. During the public comment period, Kaye Ferry of the Vail Chamber and Business Association requested town sign appeal requirements be cut down to a shorter time than a ten day review. Moffet amended his motion to two business days, with a subsequent second. The motion passed unanimously, 6-0. The eighth item on the agenda was a Discussion of the First Reading of Ordinance No. # 11, Series of 2005, an ordinance amending Section 12-14-14, Restaurants, Bars, and Similar Uses, Vail Town Code. Mire stated on March 28, 2005, the PEC voted 5-0 to forward a recommendation of approval for the proposed text amendment. The purpose of the proposed amendment is to resolve existing conflicts relating to noise regulations in the Vail Town Code. The Community Development Department recommended Council approve the first reading of ordinance. Moffet moved with Hitt seconding a motion to approve. The motion passed unanimously, 6-0. The ninth item on the agenda was the Second Reading of Ordinance No. #9, Series 2005, an ordinance making supplemental appropriations to the 2005 Budget, Supplemental Appropriation No. 1. Moffet moved with Hitt seconding a motion to approve. Donovan asked for clarification as to why the housing budget is contained within the Community Development Department and why the AIPP budget is contained within the Public Works Department. Donovan then requested the AIPP budget be distributed to the Council. Cleveland and Ruotolo stated they would be voting against the ordinance as the supplemental budget included funding for the redevelopment of Seibert Circle, which they have opposed. The motion passed 4-2, with Cleveland and Ruotolo opposed. The tenth item on the agenda was Resolution #2, Series of 2005. A Resolution to Designate the National Incident Management System (NIMS) as the basis for all incident management in the Town of Vail. Police Chief Dwight Henninger reported the Federal Department of Homeland Security mandated local agencies adopt NIMS and the Incident Command System (ICS) systems for critical incident management, if they desire to receive grant funds from the federal agency. The town already utilizes the ICS system to manage small to large scale incidents. The additional requirements of the NIMS system for the town are very limited over and above the ICS requirements. Moffet moved and Ruotolo seconded a motion to approve. The motion passed unanimously, 6-0. Approval of this resolution made the town eligible to receive grant funding from the Department of Homeland Security and the State of Colorado Division of Emergency Management. The eleventh item on the agenda was the Town Manager's Report. - Intermountain Streamside Wildfire Project Brandmeyer stated town staff would like to propose sponsoring a defensible space project in cooperation with Intermountain homeowners, USFS, Vail Fire Department, Vail Community Development and Eagle County. Tom Talbot, Fire Technician, reported the project would focus on the ongoing pine beetle mitigation activity and treatment of hazardous fuels and create a defensible space for a safer environment for homeowners and fire personnel in the event of a wildfire. Talbot said the Intermountain area had been identified as most at risk for wildfire damage. He explained a defensible space as an area surrounding a structure where fuels and vegetation are treated, cleared or reduced to slow the spread of wildfire. Defensible space, he said, provides room for firefighters to do their jobs. The suggested treatments in the Intermountain neighborhood are adopted from the Colorado State Forest Service's "FireWise" program that encourages homeowners to develop landscaping practices of defensible space that create wildfire defense zones. Talbot continued, through the use of a special agreement between the USFS and landowners, the VFD would be able to create defensible space on private land as well as adjacent public lands within 200 feet from any structure. Vail Fire and Community Development sought initial input from landowners to determine the level of interest in pursuing the creation of defensible space within and around neighborhoods. A homeowner meeting was held with an Intermountain neighborhood group on January 18, 2005. Although lightly attended, initial response was positive at the end of the information and education session. It was noted approximately $75,000 from the Town of Vail Real Estate Transfer Tax fund had been budgeted for pine beetle mitigation in 2005. Talbot continued, the scope of the project is to reduce fuels build up on properties within the Vail Fire and Emergency Service Response area of Intermountain. By generating defensible space, Vail Fire and Emergency Services will increase its ability to protect property and the community from the threat of wildfire. Moffet asked how the program would coincide with design review guidelines as he believed the town encouraged landscaping near home sites. Forrest indicated the guidelines would eventually have to be addressed. Hitt asked if the county had provided any funding for the project. Talbot reported the county had not been contacted. Hitt stated there is a huge beetle kill problem outside of town limits and would like to see the program expanded. Talbot stated by becoming a FireWise community the town would qualify for future grant opportunities. Cleveland encouraged working jointly with the county and clarified the program would be voluntary for homeowners. Camp stated, in her opinion, use of RETT funds for pine beetle mitigation would be limited to public property only. Council authorized Talbot to continue to research neighborhood interest and associated costs, but stopped short of committing any cost-share dollars for mitigation on private property. Council also asked Talbot to pursue a partnership with Eagle County to mitigate areas outside the town's boundaries. Donovan expressed concern the program would be intimidating to homeowners and would be too aggressive in removal of landscaping. Talbot assured Donovan the program would be flexible and moderate in its scope with great care given to maintain vegetation. - Police Department Annual Report Council was provided with a copy of the Police Department's 2004 Annual Report. The report documented a very busy year, with a significant reduction in most crime categories during 2004. Brandmeyer reported Go Outside Colorado (GOCO) questioned a stipulation included in the town's letter of support for the Eagle Ranch Preserve open space proposition. As a board member of the sponsoring organization, the Vail Valley Foundation, Slifer recused himself from the discussion. Council directed staff to leave the letter the same but in responding to GOCO, restate the original reasoning, as well as the fact the town did not object to the county spending $6 million. The twelfth item on the agenda was Adjournment. The meeting was adjourned at approximately 9:05 p.m. Moffet moved and Slifer moved to adjourn. The motion passed unanimously, 6-0. Respectfully Submitted, ~ uq~~ ••• ~~. O1 ~~ ~~ ~~ ' C,7 '~J .CO~ • •~~ ATTEST: ?~ ~, _~ Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. F~ Rodney E. Slifer, Mayor 7 Vail Town Council Evening Meeting Minutes Tuesday, May 3, 2005 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, May 3, 2005. 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 *Arrived at approximately 7:30 p.m. The first item on the agenda was Citizen Input. There was none. The second item on the agenda was the Vail Youth Awards. Mayor Rod Slifer and Chip Domke, Vail Valley Exchange Administrative Director, introduced the following Vail Youth Award winners. Youth Recognition Award: $1,000 College Scholarship - Josie Sutner /Battle Mountain High School - Drew Riley / Vail Mountain School Vail Youth Ambassador Award: Airfare and expenses to Australian Sister City, Mt. Butler - Christina Harrison /Battle Mountain High School - Kyle Moore /Battle Mountain High School The third item on the agenda was Resolution No. #8, Series 2005, A resolution conditionally approving the consolidated service plan for Vail Square Metropolitan District No. #1, No. #2, and Vail Square Metropolitan District No. #3. As was discussed at the Council work session of April 19, 2005, Resolution No. #8 operates to approve the Consolidated Service Plan for three (3) metropolitan districts within the LionsHead core area for the primary purpose of financing public improvements associated with the "Vail Square" redevelopment project. The formation of up to three (3) metro districts was agreed to in the Development Agreement between the town and Vail Resorts for the above-referenced project. The Consolidated Service Plan for the proposed districts provides greater detail on the purpose, intent and operation of the proposed districts and is available for viewing in the Town Clerk's office. The resolution stipulates the resolution is a "conditional" approval because it is conditioned upon an inter- governmental Agreement (IGA) being executed between the Vail Reinvestment Authority and Vail Square Metropolitan District No. #1 regarding the transfer of incremental tax revenue. Cleveland moved and Hitt seconded a motion to approve the resolution. The motion passed unanimously, 6-0. The fourth item on the agenda was a construction update. Public Works Director Greg Hall announced two weeks into the 2005 construction season, work in Vail Village is progressing well. Hall continued by reporting sewer work on Gore Creek Drive was slow, while water line replacement on Bridge Street was progressing and a fire hydrant at P3&J was being relocated. The Vail Road gas line was reported to be complete and a water line and storm sewer installation was progressing. Paving of Vail Road was reported to be scheduled for May 23, and major utility work would not occur in the LionsHead Mall until May 15th. Hitt asked when P3&J would be done. Hall responded most work would be completed by the 4th of July. Logan inquired about the status of the Four Seasons project. Chad Salli, Project Engineer, stated demolition would begin early to late fall. Donovan stated the evergreen trees on the Vail Road roundabout should remain a priority, and their preservation should be paramount in the Four Seasons permit approval. Town Engineer Tom Kassmel stated it would be difficult to maintain most of the vegetation. The fifth item on the agenda was the Ford Park Parking Lot Overlay. Chad Salli requested Council authorize the Town Manager to enter into an agreement with B&B Excavating for the overlay of the Ford Park parking lot in the amount not to exceed $69,000. The existing Ford Park parking lot surface is due for a maintenance overlay. Staff received bids for overlaying the existing surface. B&B Excavating submitted the low bid. Hitt moved with Logan seconding the motion to approve. Donovan asked that boulders be placed on the south side of the parking lot to identify the drop-off. The motion passed unanimously, 6-0. The sixth item on the agenda was the first reading of Ordinance No. #12, Series of 2005 an ordinance repealing and re-enacting Ordinance No. #8, Series of 1995, Cascade Village, amending and re-establishing the approved development plan for the Westhaven Condominiums site located within Area A of SDD No. 4, in accordance with Section 12-9A-10, Vail Town Code, to allow for the construction of thirteen dwelling units Town Planner Matt Gannett announced on February 8 and April 11, 2005, the Planning and Environmental Commission (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 an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive /(Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village. Upon consideration of the request, the Commission voted 6-0-1 (Viele recused) to forward a recommendation of approval with conditions of the applicant's request to Council. Rick Pylman, representing Pylman and Associates, stated all previous attempts to redevelop the site utilized the existing foundation. Pylman stated the project would recognize the transitional nature of the site, maintaining a residential character and scale. All parking associated with the project would be located underground in an on-site parking garage. Pylman also emphasized the project would showcase larger street setbacks than exist with the current foundation, and greater landscape areas. Pylman also explained previously proposed projects utilized the north side of the property as the "front door" of the property. The proposed project was designed to create a sense of arrival on the south side of the parcel and improve vehicular and pedestrian access. Thirteen residential units were proposed for the site, with Employee Housing Units (EHU's) being placed off site as a condition of approval. Jim Morter, representing Morter Architects, stated project design was borrowed from the existing architectural character of the neighborhood. Donovan asked staff to highlight changes made to previous proposals for easier understandability. Donovan also clarified all off-site EHU's would occur in Vail. In response to a question from Donovan, Jen Wright, Project Developer, stated he would like to recycle the existing concrete foundation. Kassmel stated no easement existed for the town recreation path on the property and stated an easement consolidation was part of the proposed project. Council expressed concern regarding existing vegetation being displaced by the project. Pylman assured Council all native vegetation that could be saved would be. Donovan asked there be no phasing (separate components) on the project. Wright approved of the stipulation. Ruotolo asked a minimum square footage requirement be placed on all off-site EHU's. In response to a Council inquiry, Forrest stated the definition of an EHU can be sub-divided, although it would require a kitchen. Wright agreed he would accept a minimum square footage requirement for the required EHU's. Ruotolo clarified the condition stated a Temporary Certificate of Occupancy (TCO) would not be provided prior to ownership of the EHU's. Hitt expressed concern about purchasing EHU's off-site, as the developer would not be adding to the town's employee housing stock. Slifer reported for the record Council received nine letters in support of the project. Hitt stated Council had made no decision on a pay-in-lieu amount for EHU's. Cleveland moved and Logan seconded a motion to approve the ordinance. Due to Moffet's late arrival, Town Attorney Matt Mire instructed him not to vote. The motion passed 6-0. The seventh item on the agenda was the first reading of Ordinance #13, Series of 2005. An ordinance providing a certain amendment to Title 3, Chapter 4, "Design Review Board," of the Municipal Code of the Town of Vail; Changing the composition of the DRB from five to seven members. Mire reported Council had previously requested an ordinance changing the composition of the DRB from five members to seven members. Forrest reported Community Development staff reviewed the proposal with the Design Review Board (DRB) and provided the following thoughts and recommendations: 1. Increasing the number of DRB members to seven would increase the time and complexity of the DRB review process. It will be more difficult to come to consensus on issues to be addressed for proposed projects subject to DRB approval. If the primary concern is attendance, staff recommended reasonably enforcing attendance. The Town Council has latitude to remove members having attendance issues. 2. Although the town was very fortunate to find a number of qualified members for the last round of interviews for DRB, this is not always been the case. 3. In considering the above mentioned issues, both the existing DRB and staff recommend not approving Ordinance #13, Series of 2005. Staff would recommend regular attendance reports be provided to Council and if attendance is an issue with individual members, then Council should take appropriate action. 4. If Council chose to approve the ordinance, staff requested authorizing approximately $1,900 in the next supplemental budget to pay for benefits (ski passes, parking passes) and expenses (lunches) associated with two additional board members. Moffet stated he believed seven members would offer more consistency. Moffet moved with Ruotolo seconding a motion to approve. Ruotolo reiterated comments made in previous meetings, encouraging the expansion of the pool of applicants by allowing individuals who work in Vail, although do not reside in Vail, to be appointed to boards. During a pause for public comment, Jim Morter stated the success of the DRB is based on the quality of the board as opposed to the number of board members. The motion passed 4-3, with Slifer, Logan, Moffet and Rutolo voting in favor, and Hitt, Donovan and Cleveland voting against. The eighth item on the agenda was the second Reading of Ordinance No. #10, Series of 2005, an ordinance approving the Commercial Core Construction Mitigation Sign and Construction Fencing Package which will be implemented by the Town to mitigate the impacts of construction in the commercial cores during redevelopment. Ruotolo moved and Moffet seconded a motion to approve. The motion passed, 7-0. The ninth item on the agenda was the second reading of Ordinance No. #11, Series of 2005, an ordinance amending Section 12-14-14, Restaurants, Bars, and Similar Uses, Vail Town Code. Mire stated on March 28, 2005, the PEC voted 5-0 to forward a recommendation of approval for the proposed text amendment. The purpose of the proposed amendment is to resolve existing conflicts relating to noise regulations in the Vail Town Code. Moffet moved with Logan seconding the motion. The motion passed, 7-0. The tenth 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 On July 12, 2004, the PEC voted 4-2 to forward a recommendation of approval, with conditions, for the proposed amendments to SDD #4, Cascade Village. On August 3, 2004, by a vote of 7-0 the Council approved the first reading of Ordinance No. #17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17, 2004; October 5, 2004; and January 4, 2005 Council tabled the second reading of the ordinance, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues had not yet been resolved; therefore, Vail Resorts requested the second reading of the ordinance, again be tabled to a future Council meeting. The applicant requested the town table the second reading of the ordinance, to June 21, 2005. Moffet moved to table the item with Logan seconding the motion. The motion passed unanimously, 7-0. Jay Peterson, representing Vail Resorts, stated two meetings have been held with adjacent property owners and a new agreement for lift operation was being negotiated. Peterson did state one homeowner was being particularly difficult to work with. The eleventh item on the agenda was the Town Manager's Report. - Vail America Day's Update (4th of July) Assistant Town Manager Brandmeyer reported on the uncertainty of the exact July 4 parade route and the challenges faced in staging the parade due to construction. She said the town was hoping to attract approximately 50 quality entries into the parade. "We feel by keeping the entries to around 50, the parade will move more continuously through town. "Our goal is to emphasize the after-parade experience in Ford Park with a family-friendly afternoon of continuous entertainment culminating with a live simulcast of the fireworks display with a regional orchestra staged in Ford Park. We are working with the Vail Valley Foundation on use of the Amphitheater as well." Hitt asked why the Amphitheater would be booked on the 4th of July, when the town traditionally held events there. Slifer recommended all cranes in town be required to display American flags. - Sales Tax Report Town Manager Stan Zemler updated Council on the most recent sales tax revenues. He stated March returns showed a 17.5 percent increase over the same month in 2004, and represented a positive trend for the town. The twelfth item on the agenda was Executive Session: Pursuant to C.R.S. §24-6- 402(4)(a)(e). Re: An Executive Session to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy, and to instruct negotiators. Council entered Executive Session. Moffet moved and Logan seconded a motion to enter Executive Session. The motion passed unanimously, 7-0. No decisions were made. The thirteenth item on the agenda was adjournment. The meeting was adjourned at approximately 9:15 p.m. Moffet moved and Ruotolo seconded a motion to adjourn. The motion passed unanimously, 7-0. Respectfully Submitted, ~ - Rodney E. Slifer, Mayor ATTEST: o~N OF•` ~ : •. r ~ .; SEAT Lorelei Donaldson, Town Clerk '•.• ~o~o~po Minutes provided by Corey Swisher. ;r Vail Town Council Evening Meeting Minutes Tuesday, May 17, 2005 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, May 17, 2005. Council Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem* Diana Donovan Farrow Hitt Kent Logan Kim Ruotolo Greg Moffet Staff Members Present: Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney ''Arrived at approximately 6:50 p.m. The first item on the agenda was Citizen Input. There was none. The second item on the agenda was the Consent Agenda, approval of 04.5.05 and 04.19.05 Evening Session Minutes. Moffet moved and Ruotolo seconded a motion to approve the minutes without amendments. The motion passed unanimously, 6-0 The third item on the agenda was a construction update. Public Works Director Greg Hall reported Vail Road utility work was complete with work starting May 25 on East Meadow Drive. Hall then reported construction in LionsHead had begun and the clock tower was scheduled to come down May 18. He then announced the Children's Fountain was beginning to be replaced and a new vault for a potential fountain in Seibert Circle was being installed. Halt concluded by stating the Vail Founders Park and Parking Garage project had been delayed due to soil differentiation and Forest Road would be closed for a time beginning May 23 due to utility work. The fourth item on the agenda was the Local Licensing Authority (the "LLA") Appointments. There were three vacancies on the LLA. The town received three applications for the vacancies. Moffet moved to appoint Bill Bishop, Bob Louthan and Kevin Foley to the LLA. Logan seconded the motion. The motion passed unanimously, 6-0. All three members were appointed to two-year terms through May, 2007. All LLA members must be citizens of the United States, qualified electors of the town, and have resided in the town for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of Vail liquor license applications. Moffet thanked former LLA member Dave Chapin for eight • 1 • years of service on the board. Chapin was term limited, subsequently not reapplying for the position, where he'd also served as chair. The fifth item on the an appeal of the Town of Vail Design Review Board's (DRB) approval of a design review application (DRB05-0040), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a new single-family residence, 1345 Westhaven Circle/Lot 50, Glen Lyon, and setting forth details in regard thereto. Town Attorney Matt Mire stated the appellant, Patricia O'Neil, filed a Request for a Continuance of Hearing, to which the owners of Lot 50 did not object. Moffet moved with Hitt seconding for a continuance. The motion passed unanimously 6-0. The sixth item on the agenda was a Conference Center Update and Overview. Community Development Director Russ Forrest reported the purpose of the presentation was to review all components of the conference center project and to seek Council's direction regarding three options: 1) discontinue the project; 2) continue with the current design, but reduce costs where possible while seeking additional revenue with a ballot question in November; or 3) make the project fit within the existing budget. Paul Sajovic representing HVS International, briefly summarized the operations component of the center, answering the following questions: Why build this project? Does Vail have the available beds? And, what do event planners say about the center? He also presented potential operators estimates vs. the HVS business plan. Sajovic stated the center was estimated to contribute 69,000 additional room nights per year; $30 million in additional spending per year; and $1.4 million in additional sales and lodging tax per year. He also stated there was no evidence of a downward trend in the conference industry. Sajovic also stated there were two strong candidates for operators and the Conference Center Oversight Committee (CCOC) was evaluating their Request for Proposal (RFP) submittals in greater detail. Expanding on his statement, it was reported both firms believed they could improve upon the financial operating estimates in the business plan. Curt Fentress, representing Fentress Bradburn, the project designers, stated the firm was 50% complete with design, subsequently displaying visual perspectives. Finance Director Judy Camp introduced Johnathon Heroux, representing Piper Jaffray, town bond counsel. Heroux stated the town was collecting a 1.5 percent lodging tax and half- percent sales tax for the conference center, subsequently generating $3.5 million annually. Heroux stated the bond amortizations were based on 30 year schedules, common for projects such as the center. Forrest stated if the town began the conference center project today, the financial shortfall would be approximately $6.8 million. During a pause for public comment, Jake VonVelen expressed concern over transportation accessibility design for the facility. Jim Feldhaus, Colorado Mountain Express manager, urged Council to give the center due diligence and not to kill project. Ed O'Brien, representing Vail Valley Medical Center (WMC), asked Council to continue with the project and emphasized the hospital's medical education division and WMC would be a consistent user of the center. In response to a question from Cleveland about estimated group size, O'Brien said between 200 and 300 participants would attend per session. Stan Cope, a member of the Advisory Committee, urged Council to keep the project moving forward. Bob Fritch, Sitzmark Lodge owner, expressed concern over risks of a new convention facility, while Pam Stenmark, Evergreen Lodge manager, urged Council to move forward. Mark Gordon stated he believed the project made sense. Rob Levine, general manger of the Antlers at Vail, spoke in support of the Conference Center. Joe Staufer and Tom Steinberg opposed the center. John Dossi, representing the Vail Marriot, stated many groups had been and would be turned away due to larger facility requirements. Jim Lamont, representing the Vail Village 'r • Homeowners Association, encouraged Council to continue with the process. Bob Louthan stated be believed the CCOC should provide a specific recommendation. Joel Heath and Alice Leads, spoke in support of the conference center, stating better/larger facilities were needed in Vail. Pete Feistmann asked if HVS could provide a success rate of their former clients. Sajovic stated HVS has had a solid track record with credible and accurate forecasts. Fentress addressed an earlier question involving access to the center in regard to large volumes of people. "We could facilitate up to 800 people through the front door at a time." Logan thanked all involved in the project and particularly Finance Director Judy Camp for providing financials in an understandable fashion. Logan emphasized he wanted to reduce risk to town taxpayers as much as possible. To accomplish this, the town would be required to increase the current $3.5 million dedicated annually to the center to at least $5 million. Logan added doubling the lodging tax dedicated to the center would add about $4 to the average room rate in Vail. Moffet asked if estimated revenues included increased sales and occupancy tax revenues created by the conference center. Camp answered, although conservatively, yes. Moffet stressed the importance of quality of life in Vail and how a more robust year- round economy would bolster it. Moffet moved to prepare a ballot measure to increase tax collections, cover interest rate risk and increase deficit coverage to an amount of roughly $1.2 million. Logan seconded the motion. During Council discussion, Hitt stated he thought the project was progressing and Council was paying the issue due diligence. "I believe if we move forward we will make it work." Cleveland expressed concern over sunset provisions included in the original (2002) conference center ballot initiative. Ruotolo expressed concern for smaller hotels as an increased lodging tax might be a detriment, or not commensurate to the benefit. Donovan stated Kent Logan had almost convinced her but many of her earlier concerns had been validated in the presentation. She then emphasized town staff needs to focus on other issues impacting the town. Slifer said he initially supported possibly reducing the size of the conference center and stated the CCOC had been blind-sided in the past six weeks about actual costs. Council then voted to prepare a ballot measure for the November election to cover: construction; interest rate risks; and appropriate operating expenses. The motion passed 6-1, Donovan dissenting. The seventh item on the agenda was the second reading of Ordinance No. #12, Series of 2005, an ordinance repealing and re-enacting Ordinance No. #8, Series of 1995, Cascade Village, amending and re-establishing the approved development plan for the Westhaven Condominiums site located within Area A of special development district (SDD) No. #4, in accordance with Section 12-9A-10, Vail Town Code, to allow for the construction of thirteen dwelling units. Town Planner Matt Gennett reported on February 8 and April 11, 2005, the PEC held public hearings to consider a request for a major amendment to a SDD pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to SDD No. #4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive /(Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village. Upon consideration of the request, the Commission voted 6-0-1 (Viele recused) to forward a recommendation of approval with conditions of the applicant's request to continue. Gennett reviewed modifications requested by Council during the May 3 meeting. Moffet questioned language regarding the size of employee housing as he had missed the discussion on May 3. Ruotolo stated the Vail Local Housing Authority (VLHA) recommended use of the language "per employee to be housed," as opposed to the terms beds or units. Donovan questioned the matter as it would not encourage employee units and might lead to more (larger) housing for fewer people. Forrest clarified there would need to be at least one employee in each dwelling unit. Town Attorney Matt Mire qualified the Recreation Amenities Tax language should be struck from the ordinance. Hall answered questions regarding the relocation of the existing bike path and subsequent re-vegetation of the area. Representing the applicant, Rick Pylman stated Council's recommendations would be adhered to. In a response to Council questions, Jen Wright, the applicant, argued additional sidewalk construction on the southwest portion of the property should fall in the realm of the existing metropolitan district. Ruotolo moved to approve the motion. Moffet seconded an amended motion to approve. The motion passed unanimously, 7-0. The eighth item on the agenda was the second reading of Ordinance #13, Series of 2005. An ordinance providing certain amendments to Title 3, Chapter 4, "DRB," of the Municipal code of the Town of Vail; changing the composition of the DRB from five to seven members. Council requested an ordinance that would change the composition of the DRB from five members to seven members. Mire stated the ordinance spoke for itself and passed narrowly on first reading. Forrest reiterated concern expressed at the May 3 meeting, and stated a supplemental budget for meals and benefits would need to be submitted. Ruotolo moved and Hitt seconded a motion to approve. Donovan stated she believed a seven member board would be too large to effectively address such matters as encountered by the DRB. "Council should focus on removing applicants who are not attending meetings or performing." During a pause for public comment, Jim Morter suggested individuals who work in Vail, but do not live in the town, be allowed to participate on town boards. The motion failed, 3-4, with Moffet, Cleveland, Donovan, and Slifer opposed. The ninth item on the agenda was a funding request from Timber Ridge Affordable Housing Corporation (TRAHC). Speaking as the president of the TRAHC Board, Stan Zemler, Town Manager, reported with only 114 units available for rent and increasing interest rates, the TRAHC board had developed a plan to remediate up to 44 additional units and identified a potential master lessee for those units. The cost to remediate those units would be approximately $370,000. He also stated an additional $330,000 was required for 2005 expenditures that could not be covered by rental from the 114 units occupied at the time. Following remediation of the additional units, annual rental income would increase by approximately $500,000, which the TRAHC board believed would be sufficient to cover annual obligations. Zemler then asked Council to consider making a loan of $700,000 to TRAHC for the purpose of remediating additional units and funding 2005 cash flow requirements. The proposed loan would carry the same terms and conditions as the town's current loan to TRAHC - 1.5% annual interest; maturity date December 1, 2032; repayable from project revenues; subordinate to 2003A and 20038 bonds; no penalty for early repayment. Logan asked Judy Camp to summarize the financial condition of TRAHC, and in the absence of the loan, how the requirements and deficits would be financed. Camp verified the corporation would be bankrupt. Speaking as the town's attorney, not the TRAHC attorney, Mire stated approving the loan would be the most fiscally responsible way to proceed. Logan asked for the board to return with a viable operating plan. Zemler stated progress would be made by the middle of June. Answering Logan, Zemler stated the TRAHC board could have an operating request for proposals (RFP) for redevelopment of the property in 30 days. Logan moved to make the loan to TRAHC for remediation and cash flow requirements. Moffett seconded. The motion passed 7-0. • The tenth item on the agenda was the Town Manager's Report. - Seibert Circle Update Zemler announced artist Jesus Moroles would return to Vail in July to evaluate relocation possibilities for his sculpture pieces, which have been removed from Seibert Circle to accommodate a new feature. Although the artist was disappointed the town hired local contractors to remove the sculpture, Moroles had notified the town he would work with Art in Public Places (AIPP) to relocate the granite amphitheatre. Zemler then said AIPP had established a committee to examine potential sites and set project parameters for the relocation. The eleventh item on the agenda was adjournment. The meeting was adjourned at approximately 9:55 p.m. Moffet moved, and Logan seconded a motion to adjourn. The motion passed, 7-0. Respectfully Submitted, ~-- / ,- ~--~L-~r, <~ i i i Rodney E. Slifer, Mayor ATTEST: ..., ,Q ~ J o~N.OF~I~ c SEAT ~/ Lore"lei Donaldson, Town Clerk cn~ciRt~ Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, June 7, 2005 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, June 7, 2005. Council Members present: Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt Kent Logan Kim Ruotolo Not present: Rod Slifer, Mayor 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 Input. Douglas McLaughlin, an owner of a unit at the Lifthouse, stated he was not happy with the impacts of redevelopment in LionsHead, as his property taxes had increased. Kevin Foley asked Council for stricter enforcement of construction schedules. Foley also questioned allowing construction on the weekends. Paul Rondeau followed up on a letter to the editor he had written requesting the town provide a comprehensive annual report. Rondeau recommended volunteers be used to help negate the costs of producing such a document. He emphasized the need to be able to see what is going on inside "the black box." He thanked Public Information Officer Suzanne Silverthorn for offering to explore and incorporate his ideas. Cleveland noted Council had discussed the matter during the work session and the Town Manager indicated he would investigate reports provided by other municipalities. Cleveland also invited Rondeau to provide the town with an outline of suggested topics to be included in a comprehensive annual report. The second item on the agenda was July 4th Sponsorship Recognition Millennium Bank / Gallegos Corp. Representing Eagle Valley Events, Laurie Asmussen introduced and thanked Jeff Halverson, Millennium Bank, and Bob Gallegos of the Gallegos Corp. for their 4th of July celebration contributions. Asmussen said the sponsorships will provide a full day of events, including the annual parade, musical entertainment and fireworks. The third item on the agenda was the Consent Agenda, Approval of Minutes from May 3 and May 17. Hitt moved and Donovan seconded a motion to approve the meeting minutes without amendments. The motion passed unanimously, 5-0. The fourth item on the agenda was a Construction Update. During an update on the various construction projects, Donovan inquired about the potential removal of trees at the Main Vail roundabout to make way for the Four Seasons project. Town Engineer Tom Kassmel stated there might be a way to save the trees. Cleveland asked staff keep Council apprised of the situation. Elsewhere, Public Works Director Greg Hall reported work continues on a major sewer line in front of the Sitzmark and work on the street (Gore Creek Drive) would continue until the week of June 25. Hall also reported stonework was being placed at the Children's Fountain with the area scheduled to be back in use by the July 4~h holiday weekend. According to Hall, utility work in the LionsHead Mall will continue past June 25 due to the complicated scope of the project. Work will take place from 7a.m. to 7p.m. seven days a week as long as noise ordinances are complied with. Logan questioned allowing construction to occur seven days a week. Mire stated Council could not change construction times for individuals/corporation's (private projects) with existing building permits. Logan requested additional discussion during the next council meeting. Hall concluded by reporting the South Frontage Road roundabout would be closed with in the next week between 9p.m. and 6a.m. due to utility requirements. LionsHead business owner Bill Jewitt stated construction needed to move forward quickly and encouraged allowing construction on weekends. The fifth item on the agenda was a request to approve Resolution #9, Series of 2005, Approve an Amendment to the LionsHead Public Facilities Development Plan. Representing the town, Malcolm Murray stated Council was being requested to approve Resolution #9, Series of 2005, following findings that the amendment to LionsHead Public Facilities Development Plan was consistent with the Town of Vail's Comprehensive Plan. The LionsHead Public Facilities Development Plan ("Plan") was prepared by the Vail Reinvestment Authority ("VRA") and adopted by Council, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes on March 16, 2004. At the time of approval, sections 5.1 and 5.2 of the plan were deleted that authorized tax increment financing. However, the PEC reviewed and made a favorable recommendation of the Plan with the tax increment provisions in the Plan. The tax increment provisions were not included in the final approval to avoid unduly limiting the bonding capacity of this financial tool. Subsequently, the VRA requested sections 5.1 and 5.2 be reinserted into the Plan now that construction has commenced in LionsHead. The amendment to the Plan is considered a substantial modification and triggers compliance with all procedural steps required for original adoption of the Plan. On May 23 the PEC voted 5-1 to forward a finding to Council that the amendment to LionsHead Public Facilities Development Plan conforms to the Vail Comprehensive Plan. Cleveland clarified state statute required PEC approval of the amendment. Ruotolo moved and Logan seconded a motion to approve. The motion passed unanimously, 5-0. The sixth item on the agenda was a Westhaven Circle / Greenhill Court, Award of Bid. Kassmel requested Council approve a supplemental budget request for the Capital Street Maintenance Budget and award a construction contract to B&B Excavating. Westhaven Circle and Greenhill Court streets were reported to be in poor condition and in need of repairing. The reconstruction of these roads had been bid out for construction in two phases. B8~B Excavating was the single bidder and proposed the following prices: Phase I -Westhaven Circle: $753,000 Phase I & II -Westhaven Circle and Greenhill Ct.: $1,040,000 2 The project had $700,000 budgeted from the 2005 Capital Street Maintenance budget. Kassmel provided Council with three potential options: Option 1: Complete Phase I less 500' of road reconstruction and stay within budget. Option 2: Request a budget supplemental in the amount of $100,000 and complete all of Phase I. Ootion 3: Request a budget supplemental in the amount of $365,000 and complete all of Phase I and Phase II. Staff recommended Option three. Logan asked for a more comprehensive capital improvement strategy. Donovan questioned spending dollars on a road with minimal traffic. Hitt clarified B&B offered a competitive pricing as they would have adequate crews on hand due to the town's redevelopment efforts. Cleveland and Logan clarified with staff the road was a priority for the town. Cleveland also stated he did not want drainage concerns to lead to the urbanization of the area. Hall stated curb and gutter would be minimized. Hitt moved to accept the staff recommendation with Ruotolo seconding. The motion passed unanimously, 5-0. The seventh item on the agenda was an Appeal of the Town of Vail DRB's April 6, 2005, approval of a Design Review Application (DRB05-0102), pursuant to Section 12-3- 3, Appeals, Vail Town Code, to allow for a new single-family residence, the "Alfond Residence", located at 1345 Westhaven Circle/Lot 50, Glen Lyon. On April 6 the DRB approved the proposed "Alfond Residence" (DRB05-0102) with no conditions and with a vote of 2-1 (Dunning opposed). The appellant, Patricia O'Neil, was present at the April 6 DRB hearing and articulated her objections to the project in that forum. On April 21 the appellant filed her appeal of the April 6 DRB approval of the proposed Alfond Residence, DR605-0102. On May 17, 2005, Council granted a request for a continuance, pursuant to Section 12-3-3, until the next regularly scheduled Town Council hearing, June 7. Staff recommended Council uphold the DRB's approval of the proposed "Alfond Residence", DRB05-0102, pursuant to Chapter 12-11, Design Review, Vail Town Code. Representing herself, O'Neil stated she objected to information (a rebuttal) provided to Council by the appellee prior to the meeting and questioned possible ex-parte communication occurring earlier in the day. Summarizing her arguments she stated concern over privacy and a potential drop in property value. Logan questioned notification requirements. Gennett stated DRB notices were published in the paper the Friday before the actual meeting. Hitt clarified the proposed Alfond residence fell within setbacks. Cleveland asked where the DRB failed. O'Neil stated issues such as windows being allowed to be placed in front of neighboring windows. Mire asked Council if they had participated in ex-parte communication with the appellant or appellee. All answered no. Mire then clarified written communication from the appellee was allowed. Representing the respondent, Jay Peterson rebutted O'Neil's arguments, targeting comments provided in correspondence included in Council packets. In an opportunity for public comment, Tony Ryerson stated he believed cases such as this would become more common in Vail as homes are becoming larger. Hitt, Donovan, Logan and Ruotolo stated the home met all zoning standards and achieved DRB approval. Donovan discouraged construction of windows that "look" into existing neighboring windows. Hitt moved to uphold the DRB approval, a second was made by Logan. The motion passed unanimously, 5-0. The eighth item on the agenda was the Decision on 2005 Out-of-Cycle Requests for Funding. Assistant Town Manager Pam Brandmeyer reviewed five 2005 out-of-cycle funding requests. - Alpine Gardens: Donovan stated the town had contributed enough to the Alpine Gardens. Brandmeyer clarified the town had paid the Alpine Gardens $94,000 year- to-date, both for operations and maintenance as well as capital improvements. Council agreed to not fund the request. - Monday Night Movies: Hitt asked Special Events Coordinator Sybill Navas to explain the event's funding request history. Donovan asked if the Commission on Special Events had additional dollars if they would use them to fund this request. CSE member Mark Gordon stated he would have supported funding the project. Ruotolo stated the town had adequately funded the Vail Film Festival in 2005. Logan supported funding the request and asked if any similar donations are requested they be tied into the actual festival request. Hitt moved and Logan seconded a motion to approve the funding request. Hitt then asked if it conflicted with the Crossroads movie theaters. Logan stated he thought it was important for Navas to be present at any Council discussions of event funding. Rick Scalpello said the East Meadow Drive Business Association supported the events and offered additional funding. Brian Sipes, Avon Council Member, stated Avon offers outdoor movies and the equipment necessary to provide them cost approximately $12,000. The motion failed, 2-3 with Cleveland, Ruotolo and Donovan opposing the request. Zemler asked if Council wanted to explore any sharing opportunities with Avon. Council stated no. - Teva Mountain Games: Logan moved and Hitt seconded a motion to approve funding in-kind services. Donovan and Hitt stated the town would have supported the request during the usual budget appropriation cycle. The motion passed unanimously, 5-0. - Vail Mountain Rescue: Ruotolo clarified the charter transportation needs were to transport conference attendees to training areas located outside the town, while food and lodging would be provided for the conference within Vail. Ruotolo moved and Logan seconded an amended motion to fund an in kind donation not to exceed $2,000. The motion passed unanimously, 5-0. Logan stated he believed Council had previously determined not to discuss issues in an amount under $5,000 or $10,000. He then requested an agenda item be scheduled to address funding requests during the next work session. - Cascade Village Metropolitan District (CVMD): Town Landscape Architect Gregg Barrie reported the town would pay for one-third and CVMD would pay two-thirds of the construction costs. Donovan supported the Westhaven Bridge, although Real Estate Transfer Tax (RETT) funds are not used for construction. Ruotolo supported use of RETT funds for the project. Logan encouraged a successful resolution to a disagreement regarding Tract K between the Glen Lyon subdivision and Vail Resorts. Representing Vail Resorts, Jay Peterson stated Vail Resorts might contribute to the funding of the bridge for snowcat access. Representing the CVMD, Kim Setter stated $100,000 would help to contribute to a bridge structurally capable of supporting suitable snow-loads related to snowcats. He encouraged Council not to • postpone a decision to complete construction by the 2005-06 ski season. Peterson confirmed Vail Resorts' financial participation would be contingent upon Tract K resolution. Mire stated easement rights regarding the bridge and the Gore Valley Trail could be dedicated. Representing the Vail Village Homeowner's Association, Jim Lamont urged Council to move forward as this neighborhood had come forth willing to help support improvements. Mire stated approval will be needed for an Intergovernmental Agreement (IGA) prior to the town entering into a contract with the CVMD. The agreement will be scheduled for discussion at a later date. Peterson stated Vail Resorts would help provide insurance for the area. Donovan stated her support would be contingent upon the Tract K issue being resolved and an IGA approved. Cleveland expressed concern over the lack of a long-term capital improvement plan. Ruotolo moved and Logan seconded a motion to approve $106,000 of RETT funds for the skier pedestrian bridge contingent upon theTract K resolution and approval of an IGA. The motion passed unanimously, 5-0. Ruotolo then moved to approve RETT funds not to exceed $94,000 under the same conditions for the Westhaven Bridge with Logan seconding. The motion failed 1-4, with Ruotolo being the only supporting vote. Donovan moved to substitute capital funds for RETT with Logan seconding. The motion passed 4-1, with Ruotolo being the dissenting vote. The ninth item on the agenda was the Conference Center /Award of contract from Mortenson / Budget Update. Zemler reported the Conference Center Advisory Committee (CCAC) is requesting the following based on the direction received from the Town Council on May 17, 2005: Authorize the Town Manager to execute a contract with Mortenson for predevelopment service as shown in attachment A. Review input from the Committee on ideas to reduce construction costs for the facility. Approval of additional expenditures to execute the direction provided by Council on May 17 to move forward with the current design of the facility. After significant public input and Council deliberation, Council directed staff on May 17 to: Implement option B which involved moving forward with the existing program and design, while reducing costs to a reasonable extent possible. This step involves moving forward with the development of the existing design and reviewing it with the PEC and DRB. In addition, Council directed staff to develop ballot language that would not only provide additional revenue for the construction of the facility but also an additional $1.5 million per year over and above annual debt service to pay for operational deficits. Zemler stated a price lock for the center was hoped to be achieved by early September. Representing Architectural Research Consultants (ARC), Chris Squadra discussed several value engineering design changes. He also discussed the materials cost escalation process. Hitt asked why block walls were proposed to be used on the structure as he hasn't noticed very many in the valley. Hall stated they were relatively common. Hitt stated block over poured walls was a mistake. Ruotolo asked for additional information on acoustical ceiling the and block walls be provided. Hitt stated he wanted the waterfall feature be maintained in the design. Zemler stated the town had spent almost $1,875,000 on the conference center project to date. Cleveland stated he would like to have a ballot question discussion sooner rather than later. Logan emphasized a "no vote" for the additional tax would immediately stop the tax presently being collected for the center and the project would be "dead." Zemler recommended any ballot initiative language discussion take place at the evening meeting, allowing for public input. Mire stated ballot initiative concepts have been drafted. Cleveland expressed displeasure with initial project cost estimates provided by ARC and questioned trusting the consultants' advice. Donovan also stated displeasure with estimates and information provided by consultants on the project. Representing the Vail Village Homeowner's Association, Jim Lamont asked Council to clarify ballot language sooner than later and discouraged extreme use of value engineering. Logan moved to appropriate approximately $404,000 to continue work on the project until Sept. 6. The motion passed 3-2, with Cleveland and Donovan dissenting. Logan reiterated a "no-vote" on the conference center would end the project. The tenth item on the agenda was the Timber Ridge Affordable Housing Commission (TRAHC) Discussion /Proposed Request for Proposals & Letter of Intent. Housing Coordinator Nina Timm and Zemler stated the TRAHC board came to Council on May 17, 2005, to request a loan of $700;000 to cover under-funded operating accounts as well as funds to remediate 44 additional units for lease to Vail Resorts. Council agreed to the loan with two conditions: one, a master lease for the additional units is signed by Vail Resorts; and two, a Request for Proposals (RFP) be issued for sale or redevelopment of Timber Ridge Village. The TRAHC subsequently secured a commitment from Vail Resorts to lease an additional 44 units at Timber Ridge, provided they would be remediated for mold. TRAHC asked Council to review the goals and timeline for the draft RFP and verify it meets the expectations of Council. Zemler stated staff would return the next meeting with "parameters" potential developers should consider. Donovan asked how 600 beds were developed out of 198 units. Timm announced an average of three individuals per unit had been determined when placing the deed restriction on the property. Zemler stated a recent study showed the units were being rented at an appropriate price. Donovan then stressed the purchase of the project had not been a failure and the town needed to find a buyer for the project. Cleveland said the property offered an incredible redevelopment opportunity as it was in the middle of town and had minimal neighbors. Ruotolo stressed the need to maintain 600 beds of affordable employee housing. Logan expressed displeasure with the provided RFP timeline as Council wouldn't receive the RFP until fall. Council agreed flexibility with the project should be encouraged. Zemler encouraged the use of an RFP to encourage a structured process with timelines and specific dates. Camp emphasized funds (letter of credit payments) would be required by July. Logan moved to release $700,000 to the TRAHC Board with Donovan seconding. Logan also requested the TRAHC Board return to Council each meeting with a status report. During a pause for public comment, Mark Gordon said people (Vail residents) want amixed-use (middle class) neighborhood and also encouraged a Vail recreation center. Steve Lindstrom, a member of the Vail Local Housing Authority, also urged Council to "take a step back" and seriously evaluate the project, as it is an opportunity as opposed to a fire sale. Mire clarified loan documents would be provided and a formal agreement would be made between Council and the TRAHC board. Zemler urged Council to move at a reasonable pace. The motion passed unanimously, 5-0. The eleventh item on the agenda was the first reading of Ordinance No. #14, Series of 2005, an ordinance repealing and reenacting Ordinance #24, Series of 2004 establishing Special Development District (SDD) No. #38, Manor Vail Lodge. Town Planner Warren Campbell explained on December 7, 2004, Council approved the second reading of Ordinance #24, Series of 2004 by unanimous vote to establish SDD No. #38, Manor Vail Lodge. The purpose of the new Special Development District is to facilitate the redevelopment of the Manor Vail Lodge, located at 595 Vail Valley Drive. In the time since this approval, a discrepancy was discovered in the lot area of the Manor Vail development site which has rendered many of the zoning statistics reported in Ordinance #24, Series of 2004 inaccurate. In addition there was a typographical error found regarding the number of attached accommodation units to be constructed. The number increased to 20 from 17. Ordinance #14, Series of 2005 corrects these items. The Community Development Department recommended Council approve Ordinance No. #14, Series of 2005, on first reading. Ruotolo moved to approve with Donovan seconding. The motion passed unanimously, 5-0. The twelfth item on the agenda was the first reading of Ordinance No. #15, Series of 2005, an ordinance amending Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the allowable site coverage on lots with average slopes in excess of 30 percent from a current maximum of 15 percent of the total lot size, to the standard maximum of 20 percent of the total lot size. Town Planner Matt Gennett explained the PEC held public meetings to consider this request on March 14, 2005, and on April 25, 2005, at which time the PEC forwarded a recommendation of approval to Council. Donovan stated she supported the intent of the ordinance but not the actual ordinance and stated the right answer wasn't available, but there is a need to move forward. Logan agreed with Donovan and encouraged discussing the issue on a case-by-case basis. Steve Isom representing Isom and Associates stated the change would allow more units to be stepped on a slope and existing regulations encouraged more site disturbance. Hitt moved the ordinance be tabled until July 19 for further research. Ruther stated GRFA is no longer the limiting factor for the size of homes. Donovan withdrew her second. Logan moved to deny the ordinance with Donovan seconding. The motion passed 4-1, with Hitt dissenting. The thirteenth item on the agenda was the Town Manager's Report. - `05 SUMMER VAIL VALLEY ATHLETE COMMISSION ALLOCATIONS At the May 13 meeting of the above, the following allocations were agreed upon: Michael Janelle $750 Pro Road and Mountain Biking Josiah Midaugh $1,000 Pro Triathlon Nat Ross $750 Pro/World Cup Cross Country Mountain Biking Two additional applications were received, but one was received far after the deadline and the second lacked international competitive experience. Thus, neither was funded. Again, this partnership is jointly funded through the Beaver Creek Resort Company, Vail Resorts, the Vail Valley Foundation and the town. - INFORMATION BOOTH REQUIREMENT FOR AUDITED FINANCIAL STATEMENT Staff was asked to review whether the current information booth contract with the Vail Valley Chamber and Tourism Bureau (WCTB) required an audited financial statement. Section II. Administrative Control of Funds, Paragraph C, reads as follows: "The WCTB shall submit to the town, for its review, the WCTB audited financial statement by July 1, 2006. The expense of this audit shall be paid by the WCTB as an expense of administration." Staff recommended the clause be included in any future contract for this performance of service because it ensures fiscal accountability of public funds. 7 - JOINT MEETING WITH EAGLE COUNTY COMMISSIONERS A joint meeting with the Eagle County commissioners (Board of County Commissioners, e.g., BOCC) has been scheduled for 6 p.m. Tuesday, Aug. 16 in Vail. Brandmeyer encouraged Council to think of potential topic areas of discussion for the joint meeting. Brandmeyer emphasized the meeting would occur during Council's normal evening meeting time, in order to allow the BOCC to complete its afternoon meeing and travel up to Vail. - MOUNTAIN RESPONSE 2005 The emergency training exercise took place May 21-24 with participant feedback being positive with many saying it was the best exercise they've ever attended, thanks, in part, to Vail Resorts, which provided the exercise site. The event simulated a building collapse in LionsHead with "victims" trapped beneath the rubble. There were more than 40 agencies involved, including national search and rescue teams from Colorado and Utah. In the past, these elite teams had responded to large-scale incidents such as the World Trade Center disaster and the Oklahoma City bombing. While in Vail, these urban search and rescue teams not only trained as a unit, but also provided hands-on training to local responders. In addition, the exercise provided an opportunity to test the integration of local, state and federal incident management plans, the ability to deliver critical information to the public, an opportunity to track the cost of the response, plus important disaster declaration training from the Federal Emergency Management Agency (FEMA). More than 650 people participated in the exercise, including about 60 volunteers. In addition, the local branch of the Salvation Army arranged to provide a canteen during the four days with assistance from the Red Cross. Police Chief Dwight Henninger served as Exercise Director. - OFFICER AWARDED FOR "SERVICE ABOVE SELF" Code Enforcement Officer Moses Gonzales received the Rotary Club's "Service Above Self' Public Service award on Wednesday, June 1, at the Rotary meeting at Manor Vail. Moses was recognized for his excellent service to the Town of Vail as a Code Enforcement Officer with the Police Department and for all of his service to the Valley including the Food Drive, Shop with a Cop program and his service on a number of non- profit boards. The thirteenth item on the agenda was Adjournment. Cleveland moved and Hitt seconded a motion to adjourn. The motion passed unanimously, 5-0. Respectfully Submitted, Dick Cleveland, Mayor P o-Tem ATTEST: I S~ 9L z ~ ~ ~~~ •. ,~,~ ~` ~/ J,, Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, June 21, 2005 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, May 17, 2005. Council Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt"` Kent Logan Kim Ruotolo Greg Moffet Staff Members Present: Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney '`Arrived at approximately 6:23 p.m. The first item on the agenda was Citizen Input. Joe Staufer asked that people identify themselves as residents (or not) when making public comments on agenda items. The second item on the agenda was the Vail Local Housing Authority (VLHA) Appointments. Cleveland moved and Ruotolo seconded a motion to appoint Steve Lindstrom to the VLHA. The motion passed unanimously, 6-0. The third item on the agenda was a Construction Update. Public Works Director Greg Hall stated paving around Children's Fountain and Gore Creek Drive would take place on Thursday and Friday, while work on the P3&J pocket park and parking garage continued. Hall also stated East Meadow Drive would be paved by the end of the week. Construction in Lionshead was reported to be very disruptive. Halt also said Gore Creek Place construction would continue to require the closure of the bike path. Construction on the Sonnenalp, One Willow Bridge Road and Vail Plaza Hotef will continue through the summer. Logan asked about completion of the Children's Fountain. Hall assured Logan the fountain would be operational by the Fourth of July. Slifer thanked the town staff and construction crews for their hard work. The fourth item on the agenda was a discussion regarding the Conference Center ballot question for the November 2005 election. Town Attorney Matt Mire asked Council to review a draft ballot question and to discuss any desired changes. At the regular meeting of June 7, 2005, Council directed staff to bring a draft ballot question to the Council Meeting on June 21, 2005, for discussion. Council further directed staff to bring forward a question that contemplated an "all or nothing" decision by the electorate. Mire and town legal consultant Dee Wisor told Council ballot language decisions would have to be finalized by the second meeting in August. Zemler stated the town would have • finalized conference center construction estimates prior to finalizing the ballot question. Zemler also discussed the potential of having a special meeting in August to facilitate election schedule requirements. Cleveland asked if the ballot question would pass with an ordinance or resolution. Mire stated by resolution due to time constraints. Logan clarified the question would remove the authority of the 2002 tax. Donovan expressed a desire to have only one tax rate as opposed to "piggy-backing" separate taxes on top of each other. Community Development Director Russ Forrest stated the necessary increase in funding for the center was approximately $12 million. Mire stated after the resolution passes, town resources can not be utilized to promote the initiative. Mire and Wisor reported they would return to Council with alternative ballot initiative proposals on July 5. Hitt arrived at approximately 6:23 p.m. The fifth item on the agenda was the 2005 Town of Vail Community Survey Results. In presenting results from the 2005 Town of Vail survey, Chris Cares of RRC Associates reported the mood of the community is more positive and upbeat since the last survey was fielded in 2003. RRC Associates conducted the random telephone survey at the close of the 2004-05 ski season. The findings, according to Cares, show support and excitement for Vail's future among full-time and part-time residents, as well as respondents from the various neighborhoods throughout Vail, and with differing lengths of residency. When asked about the general state of Vail, 70 percent of those surveyed said the town is moving in the "right direction," a significant improvement over the 57 percent approval rating in 2003 when the survey was last fielded. Also this year, fewer people, 19 percent, have said the town has gotten off on the "wrong track," compared to 28 percent who provided a negative response in 2003. Citizens are generally satisfied with town efforts to facilitate, manage and disseminate information regarding Vail's redevelopment, according to Cares, with 55 percent saying they are "satisfied" or "very satisfied" with the quality of new development or redevelopment over the past three years, compared with only five percent who said they are "not at all satisfied." When asked how they would describe their attitude about the improvements that are occurring throughout Vail, 88 percent of respondents said they were either "very excited" or "somewhat excited" about the vision for the new Vail. Only ten percent said they were "not at all excited." Respondents were split, however, when it came to ranking the town's progress in addressing five areas of focus identified by the Town Council in 2004. Respondents were most favorable toward efforts to "add to Vail's appeal as a great place to live, work and play," with 57 percent saying they were either "satisfied" or "extremely satisfied" with current efforts. Respondents were also largely satisfied with efforts to "facilitate Vail's redevelopment," with 55 percent saying they were "satisfied" or "extremely satisfied." Satisfaction declined with the remaining three goal areas as follows: • "Elevate community leadership, including efforts to work in partnership and cooperation with the business community, Vail Resorts, the Recreation District, etc." Responses were relatively divided, with a similar percentage of respondents indicating they were satisfied, 33 percent, compared to not satisfied, 29 percent, regarding efforts to address community leadership. • "Improve the local economy, focusing on reversing trends such as flat sales tax, regional competition, etc." Only 25 percent of respondents were satisfied with efforts toward this focus, compared to 33 percent who were generally not satisfied. • • "Address issues proactively, continuing to pursue resolution on important projects, such as the West Vail fire station planning, I-70 noise mitigation, etc." About 37 percent of respondents were generally not satisfied with efforts at addressing issues proactively, compared to only 27 percent that were satisfied. Parking tops the list as the biggest issue facing the town with nearly twice as many comments as any other category and similar attention received by full-time residents and part-time residents. Other issues of importance include the conference center, redevelopment, affordable housing, I-70 noise, growth, development/overdevelopment, tourism, cost of living and business issues. The random telephone survey was conducted during a two week period in March and April and includes responses from 302 year-round residents and 102 part-time residents. It has a margin or error factor of plus-or-minus 4.9 percent. Cares noted that because the survey method was virtually identical to the past three years in terms of the type of questionnaire used, the timing and the general wording of questions, it is possible to make direct comparisons from year to year to identify shifts and trends. For example: • Ratings of the "sense of community" showed some positive change this year from the past several years. The percentage of respondents who said things had "improved" stayed about the same as in 2003 at 17 percent, but the percentage who said things had "gotten worse" declined to 21 percent from 31 percent. • Showing significant improvement from 2003 are ratings for the three-hour time-limited shopper's parking, which was rated 3.2 in 2003 and 3.8 this year with 5.0 being the highest score. Parking fees/pricing structure also improved this year (3.0 average) from 2.7 in 2003, but remains below the rating in 2002 (3.2 average). • Town of Vail staff continued to receive a very favorable rating of 3.7 on average. The percentage of respondents rating staff a 4 or 5 increased about 10 percentage points this year (65 percent) from ratings in 2003 (54 percent). • Town Council ratings improved this year, averaging 3.2 versus 3.0 in 2003. The percentage of 4 and 5 ratings also increased about 12 percentage points, from 26 percent in 2003 to 38 percent this year, whereas the percentage of 1 and 2 ratings was largely similar with 2003 (23 percent in 2005 vs. 21 percent in 2003). • Modest declines were seen in satisfaction with various aspects of Community Development (including building permit review and inspections, 3.0 in 2005 versus 2.8 in 2003), and the Police Department (overall feeling of safety and security, 4.4 in 2003 versus 4.2 in 2005; friendliness and approachability of police, 4.2 in 2003 versus 4.0 in 2005; and the overall quality of police services, 4.1 in 2003 versus 3.9 in 2005). In rating their satisfaction with a variety of municipal services, the highest scores were given to the following categories: courtesy and helpfulness of firefighters, 4.5; dependability of bus service, 4.5; summer parking availability, 4.5; fire/emergency medical response time, 4.4; library story hour, 4.4; frequency of the in-town shuttle, 4.4; and bus driver courtesy, 4.4. The lowest scores were given to winter parking availability, 2.5; Design Review Board, 2.7; building permit review and inspections, 2.9; parking fees/pricing structure, 3.0; and parking pass benefits, 3.0. In a new series of questions, recreation programs were evaluated. In general, satisfaction ratings with programming and facilities was high, with average ratings between 3.8 (the lowest rated category, "adult programs and activities") and 4.2 (the highest rated "Vail Nature Center"). In another new question respondents were asked, "What doesn't Vail have that you would like to see provided?" Only about half (54 percent) of respondents identified an improvement. When the open ended suggestions are quantified, the large majority of suggestions fall in the area of recreation (a recreation center) or swimming pool (77 responses; 25 percent of respondents), followed by better or affordable parking (32 responses; ten percent); a conference center (eight percent) and entertainment and activities for kids/teens (seven percent). While one of the goals of this question was to probe whether there were big new ideas on the minds of the community, Cares says, in general the majority of responses fell into categories that have been discussed by the community at various times in the past. Donovan asked if the survey was a good cross-section of the community or was there a group left out. Cares stated he believed it was a good cross-section, as it occurred during a time when a lot of the (Nail's) work force was present. "It was a little more conversational survey than what we have done in the past." The sixth item on the agenda was the first reading of Ordinance No. #1, Series of 2005, an ordinance establishing Special Development District No. #39, Crossroads. On April 25, 2005, the PEC held a public hearing on a request to establish SDD No. #39, Crossroads. The purpose of the new SDD is to facilitate the redevelopment of Crossroads, located at 141 and 143 Meadow Drive. Upon review of the request, the PEC voted 7-0 to forward a recommendation of approval of the request to establish SDD No. #39, Crossroads, to the Vail Town Council. In introducing the agenda item, Community Development Director Russell Forrest told Council this was one of the more challenging projects the department has had over the past few years. He explained floor plate heights have increased over the years, which has had an impact on the overall height of the building verses what the Vail Village Master Plan identified for potential building heights. "The master plan envisioned five to six story buildings along the frontage road." He then said additional work is still needed on the architectural design. Town Planner Warren Campbell summarized building height, setbacks, architecture, northwest corner building form, comparison of Four Seasons and Vail Plaza and sub grade encroachments. "Everyone can agree Crossroads is in need of redevelopment." Representing the applicant, Dominic Mauriello explained how the building conformed to master planning and reflected changes previously outlined by Council. Logan questioned traffic generation. Mauriello stated the project traffic analysis did not show a roundabout was warranted. Town Engineer Tom Kassmel stated traffic on the south side of the proposed project was rated at level C service, and is working very well. Level C service is designated as an expected pause of 23 seconds. Cleveland asked if all projects in the area had been evaluated to determine the cumulative traffic impact. Hall stated the analysis was not created in a vacuum. Logan questioned the creation of only five new employees from the project (in regard to employee housing units). Mauriello stated by following town requirements, only 30% of the additional employees generated by the project required additional housing. Speaking on behalf of the applicant, Rick Scalpello, president of the Meadow Drive Partnership, stated the majority of business owners on East Meadow Drive agreed Crossroads should be approved as presented. During a pause for public comment, Paul Johnston, Joe Staufer, Jonathan Staufer, Andy Daly, Luc Meyer, Sheika Gramshammer, Wendy Losassa, Bob Fritch, Bill Rey, Gwen Scalpello, Dean Hall, Tom Steinberg, Georgeine Burton, Ann Marie Mueller, Connie 4 Miller, and Fred Hibberd stated design guidelines are inadequate and encouraged Council to send the project back for a meaningful reduction and recommended Council preserve the "quaint village" type atmosphere Vail currently maintains. PEC member Doug Cahill stated the grade plane primarily helped him determine the structure was not too high. He qualified his statement by saying the master plan allows for the height on the frontage road. Logan asked if the PEC had asked for more aggressive changes. Donovan questioned the role of PEC members. PEC member Bill Jewitt stated the height plane created by Jeff Winston helped. Tim Parkes Todd Biaka, Reyla Kundolf, Mark Gordon, Robert Aikens, Bob McNichols, Rob Swim, Kaye Ferry, Steve Lindstrom, Chas Bernhardt and Annette Hahn spoke in support of the project. Ann Reilly Bishop, representing the Village Inn Plaza Homeowner's Association Phase III, emphasized the project was incompatible with the existing environment. Hitt questioned easements involving public use of the plaza and development improvements. Donovan stated the landscaping was inadequate and the height comparisons provided to Council by staff were deceptive. "I have a huge problem with the architecture." Logan stated his overwhelming feeling was one of disappointment. "I am disappointed in town staff and PEC. I think we have wasted three months." Since Council's last review, Logan said a reduction in height from 108 to 100 feet, and one less dwelling unit was not enough to cause him to support the project. Logan completed his comments by saying the town needs to articulate a vision of where it is going and strategically review what Council wants to happen. Cleveland expressed concern over deviations from underlying zoning. "Heights are out of scale for this town. I voted against Four Seasons because for the very reason we are here." Ruotolo expressed concerns over landscaping and employee housing, but generally agreed with the project's concept. Moffet supported the project as it provided much needed retail and recreational amenities. "We will look more like Beaver Creek without Crossroads than we will with Crossroads." Moffet moved to pass the motion with Ruotolo seconding. Slifer stated Crossroads needs to be developed but not enough progress had been made on the size and design of the structure. "We have come a long way, but there is work to be done." The motion failed, 2-5 with Slifer, Logan, Donovan, Hitt and Cleveland opposed. Zemler recommended tabling the ordinance until the first meeting in August. "We need to get our arms around the issues." Cleveland asked the item be discussed at the next meeting. Zemler stated the developer needs to know what changes Council required for the project's success. Bob Lazier recommended Council negotiate the matter directly with the developer. Hitt moved the item be tabled to July 19. Logan seconded the motion. The motion passed 5-2 with Moffet and Ruotolo opposed. The seventh item on the agenda was the first reading of Ordinance No. #16, Series of 2005, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use to the District and to add a definition of a "bowling alley" to the Vail Town Code. On April 25, 2005, the PEC voted 6-0 (Gunion absent) to forward a recommendation of approval for a proposed text amendment to the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use and to add a definition fora "bowling alley" to the Vail Town Code. Cleveland moved and Hitt seconded a motion to table the item until July 19. The item passed unanimously, 7-0. The eighth item on the agenda was the second reading of Ordinance No. #14, Series of 2005, an ordinance repealing and reenacting Ordinance #24, Series of 2004 establishing Special Development District No. #38, Manor Vail Lodge. On December 7, 2004, Council at a public hearing approved the second reading of Ordinance #24, Series of 2004 by unanimous vote to establish 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. In the time since this approval, a discrepancy was discovered in the lot area of the Manor Vail development site which has rendered many of the zoning statistics reported in Ordinance #24, Series of 2004 inaccurate. In addition there was a typographical error found regarding the number of attached accommodation units to be constructed. Ordinance #14, Series of 2005, corrects these items. Moffet moved with Cleveland seconding to approve the ordinance. The motion passed unanimously, 7-0. The ninth item on the agenda was the second reading of Ordinance No. #17, Series of 2004, an ordinance amending SDD #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon Subdivision. The applicant requested Council table the second reading of Ordinance No. #17, Series of 2004, to August 2, 2005. On July 12, 2004 the Town of Vail PEC voted 4-2 to forward a recommendation of approval, with conditions, for the proposed amendments to SDD #4, Cascade Village. On August 3, 2004 by a vote of 7-0 Council approved the first reading of Ordinance No. #17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17, 2004; October 5, 2004; January 4, 2005; and May 3, 2005; Council tabled the second reading of Ordinance No. #17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore, Vail Resorts requested the second reading of Ordinance No. #17, Series of 2004, again be tabled to a future Town Council meeting. Representing Vail Resorts, Jay Peterson reported progress was being made. Moffet moved to table the item until August 2, with Ruotolo seconding. The motion passed unanimously, 7-0. The tenth item on resolution No. #10, Series of 2005. Tribute to Betty Ford. Donovan questioned the wording of the tribute to Mrs. Ford, as she believed it trivialized her contributions. Moffet moved with Cleveland seconding a motion to approve. The motion passed 6-1, with Donovan dissenting. The eleventh item on the agenda was a Timber Ridge Affordable Housing Corporation (TRAHC) Board update. The "Agreement Regarding Reporting and Financial Disclosures" between the TRAHC Board and the town sets forth certain reporting requirements. TRAHC is providing Council with financial and operating information per these requirements. TRAHC's bond counsel has drafted documents for the $700,000 loan approved by Council on June 7, 2005. This information is also provided for Council comment. Council also requested updates concerning progress toward remediation and sale or redevelopment of the property. This update will be provided by the TRAHC Chairman. The twelfth item on the agenda was the Town Manager's Report. - Clean Up Day Wrap Up Cleveland mentioned Ernst Larese (Swiss Hot Dog Company) has always catered the clean-up. Council agreed he deserved praise from Council, and his restaurant should be used the next time Council required catering. - Mid-Cycle Funding Requests During the discussion on mid-cycle funding requests on June 7, council advised staff to include the question of why this funding request was not part of the regular cycle on the mid-cycle criteria. Staff added this question to the mid-cycle funding request criteria. Also, during this discussion, council directed staff to come up with a recommendation for a dollar amount for discretionary spending on mid-cycle funding requests. Staff recommended bringing any requests over $5,000 to council for approval. Budgeting for in-kind services will be examined by staff during the 2006 budget process. Donovan clarified it was in-kind services/dollars. - Seibert Circle Update Donovan provided a graphic representation of a proposed Seibert Circle design. Ruotolo stated she hated it. Logan said he would have to study the renderings. Moffet said he was bored to death by it. Cleveland stated it was boring. Council agreed to provide direction at its July 5th meeting. The thirteenth item on the agenda was Adjournment. Moffet moved and Ruotolo seconded a motion to adjourn. The motion passed unanimously, 7-0. The meeting adjourned at approximately 12:20 a.m. Respectfully Submitted, • ~•' ~'•~~ SEAL Rodney E. Slifer, Mayor ATTEST: c~~o~~ !.. Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, July 5, 2005 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, July 5, 2005. 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 Input. Mark Gordon, a member of the Special Events Commission, thanked Council for its support of the Fourth of July activities. He also thanked Laurie Asmussen of Eagle Valley Events for her efforts in organizing the parade. Representing Vail Mountain Rescue, Bob Armour thanked Mike Rose, John Sheehan, Stan Zemler and Suzanne Silverthorn for their facilitation and promotion of a recent international mountain rescue field exercise. Armour stated crews from seven countries and 14 states participated in the event. Rick Scalpello, president of the Meadow Drive Partnership, thanked the town for its recent efforts facilitating construction. He specifically thanked Leonard Sandoval of the town and Jim Boyd of the Eagle River Water and Sanitation District. The second item on the agenda was the Construction Update. Public Works Director Greg Hall stated the majority of construction in town on the public right-of-way is complete. He also said the Children's Fountain is operational. Pedestrian access in LionsHead would continue to be improved. Utility work in the West Vail roundabout would continue in the evenings from 9:00 p.m. to 6:00 a.m. He then thanked Wenk and Associates for their work on streetscape design. Logan expressed gratitude to town staff for the excellent construction coordination. Slifer stated the newly renovated Children's Fountain was a great success. The third item on the agenda was the Conference Center ballot language. Town Attorney Matt Mire and town consultant Dee Wisor asked Council to review the revised ballot questions contained in the Council packets, discuss any desired changes to the z draft questions, and provide direction to staff with regard to preparation of a final draft of the ballot questions for approval by Council. Wisor clarified, "If this (ballot question) fails, it would effectively repeal the 2002 question." Ruotolo expressed concern regarding proposed increased taxes for guests (increasing only lodging taxes) out of fear of harming small and medium-sized hotels. Moffet moved to direct staff and consultants pursuant to the second option (emphasizing incremental language) of the two questions presented. Logan seconded. The motion passed unanimously, 7-0. The fourth item on the agenda was the Consent Agenda approval of the 06.07.05 & 06.21.05 Minutes. Ruotolo moved with Moffet seconding a motion to approve the 06.07.05 and 06.21.05 minutes. Donovan requested a minor amendment to item ten on the 06-21-05 meeting, regarding comments she had made in reference to a resolution honoring Betty Ford. The fifth item on the agenda was the Timber Ridge Affordable Housing Corporation (TRAHC) Board Update. Town Manger Stan Zemler summarized the redevelopment request for proposals process. He emphasized, "We don't want to get too far into concepts." Zemler stated by the 14`h of September, it is possible very preliminary ideas will be discussed with Council. "We want to take our time with the concept phase." Mire stated a written agreement between the two entities was needed. Zemler suggested an advisory committee be formed with the TRAHC board and two reps from the Housing Authority and Council. Moffet encouraged the suggestion and volunteered to serve on the committee. Ruotolo and Logan volunteered as well. The sixth item on the agenda was the I-70 Noise Quarterly Update. Police Chief Dwight Henninger provided an update of the Police Department's year long education and traffic enforcement pilot program on I-70. Staff recommended Council authorize the following: 1. Continuation of the I-70 noise and speed education and enforcement program by the Police Department, at a cost of $24,000 for the remainder of 2005. Henninger and Zemler recommended I-70 Noise Mitigation capital funds be used for funding this project. 2. Direct the Town Manager to include this additional peace officer position in the 2006 budget request. To date, the program has resulted in 900 stops and 150 tickets. Henninger thanked Silverthorn for efforts in promoting the program. The recently completed community survey indicated 78% of respondents were aware of the program and 44% had changed their driving behavior. Henninger stated he believed the trucking community had changed its behavior as well. He then thanked Hall for working with the Colorado Department of Transportation (CDOT) to provide additional signage along I-70. Moffet asked what else had been going on toward noise reduction. Zemler stated, "We have turned the heat up on quiet asphalt." Hall reported CDOT continues work on the development of an asphalt mixture suitable to alpine environments. Hall said voided (porous) asphalt seemed to be the most effective in reducing noise. Zemler stated he would soon update Council on his efforts to receive federal funding for a quiet asphalt pilot program. Henninger stated his officers needed more work and training on utilizing noise meters. Moffet stated, "We have to keep this up. I think its working." Cleveland requested a full time position be created to provide 40 hours of enforcement on I-70 per week. Donovan stated the town should request funding from the county for I-70 speed enforcement. Moffet moved to include an additional peace officer position to provide 40 hours of noise enforcement a week on I-70 in the 2006 budget, with Cleveland seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was the Review of Vail Visitor Information Center Proposals and Selection of Third-Party Operator. Zemler stated the town solicited proposals to operate and manage the Vail Visitor Information Centers beginning Oct. 1, 2005, and continuing for athree-year period. The Visitor Information Centers are currently managed by the Vail Valley Chamber & Tourism Bureau (WCTB) under a contract ending Sept. 30, 2005. In preparation for the solicitation of proposals, a Council Visitor Information Center Committee (CVICC) was established to develop recommendations and strategies for a fair and impartial decision-making process. That process included preparation and distribution of a Request for Proposals (RFP) issued April 20, 2005; responses from three potential operators by the June 1, 2005, deadline (Vail Brochure Delivery, Vail Chamber & Business Association (VCBA) and WCTB); evaluation of the proposals by the committee; and a selection recommendation forwarded to Council for consideration. The CVICC unanimously recommended selection of Vail Brochure Delivery to operate the Vail Visitor Information Centers. The Committee further requested Council authorize the Town Manager to negotiate a three year operating contract with a not to exceed amount identified by Council. It was additionally recommended the contract include six month reviews during the first and second years. Zemler noted a lack of enthusiasm when interviewing the VCBA and WCTB. He emphasized the importance of developing new ideas to match the changing times in Vail. He also stated he was looking for an organization aligned with the direction of the town. "We need clear separation and focus." Ruotolo, CVICC member, stated Vail Brochure's mission statement and singular focus impressed her. Hitt, CVICC member, thanked the three groups for their contributions to the community. He stated it became apparent after studying information centers around the state that Vail needed to change. He said he was encouraged by Vail Brochure's, "enthusiasm to raise the bar." During the public comment period, Bill Jewitt, Mike Griffin, Sue Mason, Robert Aikens, Emily McCormick, Katie Barnes, Dave Dempsey, Amber Keith, Rob Levine, Mark Gordon, Brian Nolan, Mickey Cooke, Annette Ramer and Iva Scott spoke in support of the WCTB. Joe Staufer stated he was concerned someone (Vail Brochure) was being set up in private business by way of public subsidy. Stephen Connolly encouraged Council to accept the staff recommendation of Vail Brochure. Bobby Banks and Mary Ellen Welch, owners of Vail Brochure, spoke in support of their potential. Responding to public comment Hitt stated, "f don't see anyone leading the charge for valley wide marketing down valley." Ruotolo emphasized Welch had previous experience operating visitor centers in Steamboat Springs. Silverthorn stated she appreciated Vail Brochure's emphasis on aesthetics and their fresh ideas approach. Moffet stated for the record he owns a company with membership in the WCTB. "Successful business people have to execute to make the mortgage payment...lt generates a different kind of desire." Cleveland began his comments by stating he supported the town running the centers, "although change might need to occur." Donovan stated she supported Vail only, and the town needed to be in control of the asset (visitor centers). "We need to go in a new direction because we are tired of dealing with petty issues." Logan stated he did not think now was the time for change and noted the group with the most experience had the lowest bid. Slifer stated change right now might not be prudent, and experience is important. He also agreed with Donovan stating he believed it should be a one year contract. Moffet moved to support the staff recommendation of a three year contract with six month mandatory reviews. Hitt seconded. Cleveland supported one year, with a two year extension. The motion passed 5-2, with Logan and Slifer dissenting. The eighth item on the agenda was the Colorado Inspection Agency (CIA) contract for conducting plan review and inspection services for the Four Seasons project. Community Development Director Russ Forrest and Chief Building Official Charlie Davis stated the town is experiencing an unprecedented amount of construction. The Chief Building Official for the Town of Vail met with general contractors from the various commercial projects to determine the time frame and quantity of inspections required for the various commercial projects. At the same time, staff is mindful of the direction received from Council that residential builders should not be unduly impacted by the high level of commercial construction. The town has budgeted additional resources and anticipated the need to contract resources for conducting plan reviews. At this time staff has concluded demand for building inspections if Four Seasons or another large project initiates construction will exceed the town's capacity to provide those services. Staff obtained proposals from four companies that provide inspection and plan review services in the event contract resources would be needed. CIA provided the most qualified staff and had the best experience and references. They also provided a competitive rate when compared to their competition. Davis said he sent out fifteen RFP's. He also emphasized CIA serves as a building department in two other Colorado jurisdictions. Hitt asked if Davis would have final say over decisions and interpretations. Davis answered yes. Logan clarified revenue from Crossroads would pay for the services in 2005. Logan asked why the work load wasn't anticipated. Forrest stated plan reviews were anticipated, although the intensity of inspection demands was not. Zemler stated the contract was not cost neutral. Cleveland asked if the permit fees covered the actual cost of services. Forrest stated the town's fee structure was back end loaded. Cleveland also inquired about liability issues. Mire stated CIA would assume the liability. Moffet moved with Ruotolo seconding a motion to approve. The motion passed unanimously, 7-0. Donovan expressed concern over fire inspections. Zemler stated he was not prepared to discuss fire inspections. Representing CIA, David Thomson stated he had 24 employees in Colorado and the company had the capacity to service the Vail projects. The ninth item on the agenda was the Joint Use Agreement for the Town of Vail Gymnastics Center. Town Attorney Matt Mire asked Council to authorize the Town Manager to execute a Joint Use Agreement for the Gymnastics Center between the town, Eagle County School District RE-50J and the Vail Recreation District (VRD). The agreement is for the joint use of the 8,742 sq. foot gymnastics center owned by the town and located at 545 N. Frontage Road. The gymnastics center was funded in part by the town, the school district, VRD, Eagle River Water & Sanitation District and Vail Resorts. The primary purpose of the facility is to provide gymnastics training for residents of the town and Eagle County while also providing additional recreational uses for the school and community at large. Mire clarified there was currently a lease in place. Cleveland asked why a ten year term was proposed. "I am concerned with long-term leases on new projects." Brandmeyer stated she believed it was because it coincided with the termination of the town's other leases with the VRD. Moffet clarified the town would not be held responsible for normal maintenance. Brandmeyer stated the town had already received the yearly capital construction payment and capital improvement sinking fund allocation. Moffet moved and Ruotolo seconded a motion to approve. Mire was asked to clarify a 180 day termination provision. The motion passed unanimously, 7-0. 4 The tenth item on the agenda was the Town Manager's Report. There was no report. The eleventh item on the agenda was Adjournment. Moffet moved and Hitt seconded a motion to adjourn at approximately 8:30 p.m. The motion passed unanimously, 7-0. Respectfully Submitted, -~~%r ~~~L v Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, July 19, 2005 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, July 19, 2005. Council Members present: food Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Kent Logan Kim Ruotolo Not Present: Farrow Hitt Greg Moffet Staff Members Present: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda is Citizen Input. Rick Sackbauer, representing the Vail Valley Exchange, thanked Council for its continued support of the exchange program. He stated a local group, including Councilwoman Ruotolo, would be embarking to Australia very soon. He then reported he was working with the ski club in Mansfield, Australia, to develop an exchange with Ski Club Vail. Brian Nolan, representing the Vail Valley Chamber and Tourism Bureau (WCTB), announced a board meeting of the organization would be held in the near future. He then asked if Council preferred to support the message "Vail only" in regards to potential marketing. Donovan emphasized the message "Vail first," and stated it was illegal to spend local marketing dollars supporting activity outside of town limits. Logan suggested the WCTB review its organizational structure to better accommodate avail-only or Vail- firstapproach. Kaye Ferry announced the outdoor film screening of "E.T." at Crossroads on Meadow Drive was a success with approximately 300 attendees. Ferry asked for the town's help in cleaning the parking lot in preparation for the second show. The second item on the agenda was a Construction Update. During an update on construction, Public Works Director Greg Hall announced work continues with installation of a new water line on East Gore Creek Drive, while Sundial plaza in LionsHead would be paved shortly. The West Vail interchange will be open to two way traffic very soon and the Vail Plaza Hotel is starting on temporary storm sewer work on the Frontage Road. Zemler then stated there would be potholing on Vail Road as part of the Four Seasons project. The third item on the agenda was a Timber Ridge Affordable Housing Corporation (TRAHC) update. The TRAHC provided Council with financial and operating information based on reporting requirements. Council also requested updates concerning progress toward mold remediation and sale or redevelopment of the property (Timber Ridge). This update, by TRAHC Chairman Zemler included an overview of a potential agreement between Council and TRAHC. This agreement is recommended by lega{ counsel. The agreement would have TRAHC employ the town as its agent to solicit proposals for redevelopment. The Request For Proposals (RFP) for Timber Ridge will be issued by the town and the town's recommendation would then be forwarded to TRAHC, who upon payment of their debt would make the property available for redevelopment. Logan inquired about the financial reporting of the $700,000 loan recently made by the town to the TRAHC as well as accounting for the depletion of the replacement reserve held by US Bank, as required by the bond documents. Housing Coordinator Nina Timm said the financial reports provided were through May, 2005; the loan was not funded until July, 2005. Camp will follow up with the auditors regarding accounting for the depletion of the replacement reserve. Bill Jewitt asked about what he perceived was the potential structuring of an endless loop between Council and the TRAHC Board. Mire stated the TRAHC Board was merely divesting its authority to Council to determine the appropriate use of the property. Jim Lamont, representing the Vail Village Homeowners Association, confirmed the RFP has been posted on the town's web site at www.vailgov.com. He also asked if any non-deed restricted residential units were proposed for the property so as not to create a ghetto. Housing Coordinator Nina Timm responded the property as it currently exists is a special development district with no underlying zoning. The fourth item on the agenda was Local Licensing Authority (the "LLA")Appointment. There was one vacancy on the LLA. The town received one application for the vacancy. Cleveland moved and Ruotolo seconded a motion to appoint Robert McKown. The motion passed unanimously, 5-0. All LLA members must be citizens of the United States, qualified electors of the town, and have resided in the town for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five- member board include reviewing town liquor license applications. Slifer thanked outgoing LLA member Rob Rothenberg for his three years of service on the board. The fifth item on the agenda was a Vail Conference Center Update. Community Development Director Russ Forrest announced on June 7, the Council authorized additional funds to continue working on the conference center. As part of that authorization, $30,000 was budgeted for additional operational studies. He then said the Conference Center Oversight Committee would like to retain a qualified professional to evaluate price sensitivity for a proposed increase in the lodging tax and its impact on lodging. The Committee requested Council authorization to spend up to $10,000 to evaluate this question. He then reported July 13, the Committee met and reviewed the current conference center ballot language. The lodging representatives on the Committee requested two issues be discussed with the Town Council: Complete an analysis of price sensitivity in the resort lodging market place to increases in lodging tax. Specifically the lodging community would like to know if raising lodging tax will negatively impact lodging business or if there is a threshold which should be recognized. Currently a guest checking out of a Vail lodging property pays an 11.8% tax (sales and lodging tax). 2. Request to Council to discuss sun setting the lodging tax. The Lodging community would be very interested in sun setting all or a portion of the tax. This matter could be considered more fully once a final tax increase is determined based on a guaranteed maximum price from Mortenson Construction which will be available in August. Cleveland stated conference center funds were not intended to provide sensitivity tests. Donovan stated she did not believe there was any value in it. Ruotolo stated she did not believe the lodging community supported an additional lodging tax. Logan stated he did not believe there was any elasticity for the percentage increase of lodging tax increase being discussed. Council agreed suggesting a sales tax was unacceptable. The sixth item on the agenda was the First Reading of Ordinance No. #1, Series of 2005, an Ordinance establishing Special Development District No. #39, Crossroads. The Community Development Department recommended Council table the First Reading of Ordinance No. #1, Series of 2005. Cleveland moved and Logan seconded a motion to table. The motion passed unanimously, 5-0. The seventh item on the agenda was consideration of an Intergovernmental Agreement ("IGA") between Vail Square Metropolitan Districts 1, 2 and 3 (the "Districts) and the Town of Vail regarding operation and maintenance of the On-Site Streetscape Improvements and the LionsHead Place Improvements. The IGA was approved as to form, as Exhibit D, to the Consolidated Service Plan for Vail Square Metropolitan Districts 1, 2 and 3, which was approved by the Town Council via Resolution No. 8, 2005, on May 3, 2005. It was represented at that time that a final version of the IGA would be brought back to Council for review and approval prior to its execution. No substantive changes were made to the IGA since Council last reviewed it on May 3, 2005. Logan moved and Cleveland seconded a motion approve. The motion passed unanimously, 5-0. The eighth item on the agenda was Resolution No. #12, Series 2005, A resolution approving the amendment to core site development agreement (the "Amendment") among the Town of Vail (the "Town"), Vail Reinvestment Authority (the "Authority"), and the Vail Corporation, d/b/a Vail Associates, Inc., a Colorado corporation ("Vail Associates"), which amendment pertains to certain respective rights and responsibilities of the Town, the Authority and Vail Associates in relation to the core site development proposed to be undertaken by Vail Associates and affiliates. The topic was an amendment to the Core Site Development Agreement ("DIA"). Because the original DIA was negotiated and adopted prior to final design approvals, there were several housekeeping matters that needed to be amended in order to comply with certain conditions adopted by the PEC. The main items are as follows: 1) The town is agreeing to various easement dedications subject to final review by the town staff. These were anticipated by the original DIA and the Amendment sets them out with specificity. 2) The town is agreeing to designate Vail Associates and its designees (contractors and utility companies) to install the off-site improvements. The original DIA mandated Vail Associates do the work. This amendment authorizes and enables Vail Associates to do the work. 3) The town and Vail Associates are agreeing as to the areas of responsibility on an ongoing basis for utilities and off-site improvements. The original DIA did not specify in detail these areas. 4) The town is agreeing to give Vail Associates a license agreement for various encroachments for footings, etc. The original DIA called for transfer of ownership of the property. 5) The town is agreeing to transfer the $4,300,000 obligation for additional parking to the Core Site. The Original DIA tied the obligation to the Gore Creek Town homes. This was an accounting issue which served to properly allocate the money to the Core Site. The condition, as before, is a personal obligation of Vail Associates and was not conditioned upon the building of the Core Site. The amendment does not limit the effect of any condition to closing under the original DIA which presently remains unsatisfied. The amended agreement will update the original Core Site Development Agreement based upon all current approvals as set forth above. Due to apre-determined conflict of interest, Slifer recused himself from the item. Ruotolo moved with Logan seconding a motion to approve. The motion passed, 4-0. The ninth item on the agenda was Resolution No. #13, Series of 2005, a Resolution approving the parking capital investment 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 relates to the Arrabelle at Vail Square Development by Vail Associates. Resolution No. #13, Series 2005, operates to amend the original Parking Capital Investment Agreement. The amended agreement will transfer the $4,300,000 obligation for additional parking to the Core Site. The obligation was originally tied to the Gore Creek Town homes. This was an accounting issue which served to properly allocate the money to the Core Site. The condition, as before, is a personal obligation of Vail Associates and is not conditioned upon the building of the Core Site. Ruotolo moved with Logan seconding a motion to approve. The motion passed 5-0. The tenth item on the agenda was Resolution No. #14, Series 2005, a Resolution approving the adoption and confirming the effect of the intergovernmental agreement by and among the Authority, The Vail Square Metropolitan District No.'s 1, 2, and 3, and the Vail Corporation, D/B/A Vail Associates. Resolution #14, Series 2005, is simply an acknowledgement by the Town Council that the condition of approval for the Consolidated Service Plan for Vail Square Metropolitan Districts 1, 2 and 3 (the "Districts") has been satisfied. Cleveland moved with Ruotolo seconding. The motion passed unanimously, 5-0. The eleventh item on the agenda was the Town Manager's Report. Zemler stated House Bill 1177, commonly known as the `Interbasin Compact' or the `Colorado Water for the 21St Century Act. He then reported the bill created nine basin roundtables covering geographic areas in Colorado. These roundtables would serve the primary bodies for on-going discussions related to needs within each basin and the basins' interaction with each other. Caroline Bradford, Eagle River Watershed Council, coordinated a meeting of the municipalities on July 11. At this meeting, the following towns were represented: Basalt, Gypsum, Eagle, Avon, Minturn and Vail. Consensus on the municipalities' single appointment was required by July 15, 2005. The county will also be allowed to appoint one candidate. Unanimously, the six towns agreed to nominate Chuck Ogilby as their collective representative. The twelfth item on the agenda was Adjournment. Logan moved with Ruotolo seconding a motion to adjourn at approximately 6:45 p.m. The motion passed unanimously, 5-0. Respectfully Submitted, 4 ., C~~<i-X L ._--T :SEA •• Rodney E. Slifer, Mayor ••cOlO~'DO ATTEST: 4~~~ Lorelei Donaldson, Town Clerk Minutes provided by Corey Sv~isher. Vail Town Council Evening Meeting Minutes Tuesday, August 2, 2005 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, August 2, 2005. 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 Input. There was no citizen input. The second item on the agenda was a Referendum C & D Information Presentation. Colorado State Senator Jack Taylor stated he was one of the first Republican Senators to back the referendums. According to Taylor, "The referendums are not a TABOR fix, they are a budget fix...lf we do not have a budget fix we will have to cut $300-400 million per fiscal year...Higher education is the last place we can go to look for money to balance the budget." He then emphasized, "You are getting a lot of bad information. (regarding information opposing Referendum C & D)...This involves no new taxes...) am not talking about a permanent de-Brucing. I am talking about a five year relaxation of TABOR." Town Manager Stan Zemler announced a resolution supporting the Referendum would be brought forward in the following weeks. The third item on the agenda was an Early Childhood Initiative. Kathleen Forinash and Diane Johnson provided a summary of the efforts of the local Early Childhood Initiative. The Early Childhood Initiative is a community effort to identify early childhood needs and develop a shared plan to meet those needs. Johnson stated, "Early childhood is the most important time for brain development and success later on in life. You get a bigger bang for your buck in the early childhood years." The fourth item on the agenda was the Consent Agenda. Approval of July 5 and July 19 evening session minutes. Donovan moved and Logan seconded a motion to approve the minutes without amendment. The motion passed unanimously, 7-0. The fifth item on the agenda was a Construction Update. Public Works Director Greg Hall stated streetscape work on Gore Creek Drive and P3&J were completed. Hall also reported the, "the Four Seasons completed the potholing work and are deciding how they want to install their utilities." He also reported paving in Lionshead Plaza and Mall would take place on Aug. 8 and the West Vail roundabout would be paved Tuesday or Wednesday evening. Logan asked how much of the Village would be finished in the fall of 2005. Hall replied it will not all be finished. Work delays at the Lodge at Vail would prevent completion of streetscape work on Gore Creek Drive in 2005. The sixth item on the agenda was the Second reading of Ordinance No. #17, Series of 2004, an ordinance amending Special Development District (SDD) #4, Cascade Village, to allow for the creation of Development Area. On August 17, 2004; October 5, 2004; January 4, 2005; May 3, 2005; and June 21, 2005, Council tabled the second reading of Ordinance No. #17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues had not yet been resolved; therefore, Vail Resorts requested that the second reading of Ordinance No. #17, Series of 2004, again be tabled to a future Council meeting. Moffet moved and Logan seconded a motion to table the item until Sept. 6, 2005. Representing Vail Resorts, Jay Peterson stated a vote of the homeowners (resolving the covenant issues) in the Track K area would be completed by Sept. 6, 2005. The motion passed unanimously, 7-0. The seventh item on the agenda was the First reading of Ordinance No. #17, Series of 2005, an ordinance amending the Vail Land Use Plan pursuant to Chapter VIII of the Vail Land Use Plan, adding the Chamonix Parcel as Tract 43 in the "Inventory and Assessment of Town Owned Property" contained in Chapter VII, Community Facilities, and setting forth. Town Planner Matt Gennett announced on July 20, 2004, upon the recommendation of acouncil-citizen-staff review committee, Council authorized the Town Manager to hire the planning team of Davis Partnership/Michael Hazard Associates to facilitate a master land use plan for a fire station on the town-owned Chamonix property at 2310 Chamonix Road. On January 24, 2005, the Planning and Environmental Commission (PEC) held a work session to consider a proposed draft Land Use Plan for the Chamonix parcel, hear public input, and discuss the other possible uses on site which would be in addition to the primary fire station use. On June 27, 2005, the PEC unanimously approved a proposed land use plan and a site plan produced by the collaborative efforts of the committee, staff, and Davis Partnership/Michael Hazard Associates to be used as a guide for future land uses on the Chamonix Parcel. Moffet moved and Ruotolo seconded a motion to approve the ordinance. Cleveland stated Bob Armour, a neighborhood resident, had called to express his support in retaining an easement on the south side of the property to be used for fire truck egress. Donovan stated she would not support the ordinance as she felt the project was being forced on the land and that a more suitable location for the fire station might be found as a result of a West Vail master planning effort. Zemler stated project funding from the county had been secured and the fire station project was in the "queue." Cleveland expressed the need to move forward. The motion passed 6-1, with Donovan dissenting. The eighth item on the agenda was the First Reading of Ordinance No. #1, Series of 2005, an ordinance establishing Special Development District (SDD) No. #39. Senior Planner Warren Campbell reported on April 25, 2005, the town PEC held a public hearing on a request to establish SDD No. #39, Crossroads. The purpose of the new SDD is to facilitate the redevelopment of Crossroads, located at 141 and 143 Meadow Drive. Upon review of the request, the PEC voted 7-0-0 to forward a recommendation of approval of the request to establish SDD No. 39, Crossroads, to Council. On June 21, 2005, Council tabled the First Reading of Ordinance No. 1, Series of 2005, and directed staff and the applicant to address several concerns. Town Attorney Matt Mire polled the Council to verify no ex-parte communication had taken place prior to the evening's meeting. All stated none had taken place. The applicant Peter Knobel thanked Council, staff, PEC and Vail residents who had been a part of his application process. Representing the applicant, Dominic Mauriello stated the applicant had holistically tried to address comments made by Council on June 21 as there had not been a true consensus on the desired size and design. Mauriello emphasized the project would utilize high quality architecture and indigenous construction materials to develop a high quality alpine form. He also stressed traffic studies indicated a roundabout east of the property on the South Frontage Road was not necessary. Moffet clarified the proposed project included 189,900 sq. ft. of residential property and 61,000 sq. ft. of commercial not including 13,000 sq. ft. of theater space. Moffet also inquired as to the use of any surplus parking. Mauriello stated additional parking stalls would be included in a parking club. Ron Byrne thanked Zemler and Council for the public amenities recently created throughout town by the redevelopment. Byrne then spoke in support of the project. Bob McNichols, Joni Taylor, Mark Gordon, Tim Moffet, James Deighan, Kaye Graybill, Bill Walsh, Tim Barkes, Todd Grappa, Bert Nordstram, Pete Seibert Jr., Jimmy Brenner, Gary Davis, Louise Frezzaca, Christi Banowitz, Michelle Guernie, Johannes Faessler, Jean Paul Frezzaca, John Armbrust, and Stan Cope spoke in support of the project. Bill Ray asked if the town would own any of the public art and expressed concern the proposed bowling alley and arcade would create an increase in crime. Elaine Kelton stated the project was too large but the area needed to be regentrified. Anne Marie Perrin Mueller asked for more diversity of use for the project. Ruotolo clarified Anne Reilly Bishop represented the Vail Village Inn Plaza III, Condominium Association, Board of Managers, as opposed to all of the owners. Connie Miller, representing adjacent property owners, spoke against the project. Ernie Scheller, Village Inn Plaza III condominium owner, stated Anne Bishop did represent him. Gwen Scalpello complimented the amenities of the project although spoke against its size and scale. Karl Hochtl, Roberta Scheller, John Hunter, Dean Hall, Ann Reilly Bishop, Joe Staufer, Jonathon Staufer, Wendy Losasso and Hermann Staufer spoke against the project. Luc Meyer questioned whether the project could maintain the service standards for which Vail is known. Jim Lamont, representing the Vail Village Homeowners Association, encouraged on-site housing and lodging as well as a South Frontage Road master plan. He then stated Council and town staff can not slow redevelopment down. Vail Village Association Chairman Alan Kosloff encouraged Council to continue to work on compromises. Rick Scalpello expressed his support for the condominium component of the project, stating second homeowners are of great economic importance to the community. Moffet stated the Village atmosphere had never been Crossroads. "We have to evolve to maintain civic and economic vitality." Ruotolo echoed Moffet's comments and stated the project met the requirements put forth by the Vail Village Master Plan and its subsequent zoning. Cleveland began by complimenting members of the audience for their attendance and civic pride. Cleveland expressed concern over the height of the building. "It is urban, overpowering and not compatible with the neighborhood." He also stated he did not approve of the employee housing being off-site and encouraged a rental incentive program. "I am not prepared to support this at this time and the deviation from the underlying zoning does not coincide with the public benefit." Logan also thanked the audience members for their participation. He then stated he believed the reduction in square footage was meaningful economically. While discussing roof height Logan stated, "Is the October roof line (original project design) really the relevant comparative? This building, as proposed, changes the character of this town." Donovan reiterated Logan and Cleveland's comments. "Everyone agrees we need these amenities, but they do not need to be in a building this tall...There is a commonality of the architecture in Vail and this building does not have it." She then encouraged a time limit for construction if the project was approved. Hitt stated he was, "not hung up on the project not being `Alpine' enough for Vail." He emphasized the location of project was appropriate for its size and encouraged an easement be negotiated for the ice rink. Slifer stated, "I think we have come a long way but we aren't there yet." Slifer also mentioned the staff memo did not indicate a Council requested reduction in height. He also expressed concern over the height of the building as, "It rises literally straight up." Moffet moved to approve the ordinance with Hitt seconding. Moffet stated he was disgusted and ashamed as to how Council had failed to give the applicant appropriate direction. Knobel asked for guidance. He stated, "You can't have it both ways, if you want the plaza you have to have the height...Someone who is capable of financing a $232 million project is also capable of doing nothing." Donovan responded, "I think you are married to this tower concept for your condominiums." The motion failed 3-4, with Slifer, Donovan, Logan and Cleveland dissenting. Mire recommended tabling the item only if specific direction was given to the developer. Mire stated the project would possibly change based on Council direction. Hitt asked why the Ordinance #17, Series of 2004 was able to be tabled for over a year. Logan asked if the PEC and Council could hold a joint meeting with the applicant. Mire answered yes. Bishop requested the ordinance be tabled or remanded and the applicant return with a project consistent with Council direction. Hitt moved to table the item until the second meeting in August with Moffet seconding. The motion passed unanimously, 7-0. Zemler asked if staff addressed the height issue if the project might have a better chance to be successful. "They need to be able to be creative with what we give them...What three things are most important?" Zemler asked. Moffet recommended having a discussion with the applicant during a work session. Zemler recommended having the discussion during the August 16 work session. Hermann Staufer requested a clarification on legal procedure. The ninth item on the agenda was the First Reading of Ordinance No. #16, Series of 2005, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use to the District and to add a definition of a "bowling alley" to the Vail Town Code. Senior Planner Warren Campbell stated on April 25, 2005, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Gunion absent) to forward a recommendation of approval for a proposed text amendment to the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use and to add a definition fora "bowling alley" to the Vail Town Code. On June 21, 2005, the Town Council tabled the First Reading of Ordinance No. #16, Series of 2005, without hearing a presentation. Moffet moved, with Ruotolo seconding a motion to approve to table the item to Aug. 16. The motion passed unanimously, 7-0. The tenth item on the agenda was the First Reading of Ordinance No. #18, Series of 2005, an ordinance amending Section 12-7H-12, Density (Dwelling Units Per Acre), Vail Town Code, to allow multiple attached accommodation units within a dwelling unit located within the Lionshead Mixed Use 1 zone district. On June 27, 2005, the PEC held a public hearing on a request for a final review of a text amendment to Section 12- 7H-12, Density (Dwelling Units Per Acre), Vail Town Code, pursuant to Chapter 12-3, 4 Amendments, Vaif Town Code, to allow multiple attached accommodation units within a dwelling unit, and setting forth details in regard thereto (PEC05-0040). Ruther stated, upon consideration of the text amendment request, the PEC voted 5-0 to forward a recommendation of approval of the request to Council. Moffet moved with Ruotolo seconding a motion to approve. The motion passed unanimously, 7-0. The eleventh item on the agenda was the Town Manager's Report. Zemler stated the Eagle County Board of Commissioners had invited Council to attend the Eagle County Fair & Radio and VIP passes were available. The twelfth item on the agenda was Adjournment. Moffet moved with Cleveland seconding a motion to adjourn at approximately 11:38 p.m. The motion passed unanimously, 7-0. Respectfully Submitted, '~~~ N OF L .y •:< . AL ; ATTEST: ~tj; •~• •...••''~ • ~ Rodney E. Slifer, Mayor .. ~~ Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, August 16, 2005 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, August 16, 2005. 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 Input. There was none. The second item on the agenda was a Joint Meeting with the Eagle County Commissioners. Eagle County Commissioner Arn Menconi announced the main purpose of the meeting was to create dialogue with town councils in their respective locations. He then reported it is likely the county will adopt an up-zoning moratorium. "Most applications being reviewed are for second home developments...We are considering moving river and stream setbacks from 50 to 75 feet...We are examining wildlife impact corridors...We are also promoting green building and recycling programs." Menconi encouraged local community development directors to work together to help enhance land use regulations. Logan asked what the objective of "taking a breather" in second home development was. Menconi responded, "I want to say yes to a balance of projects approved in Eagle County, I want to incentivize locals to live in our community." Moffet clarified there is a substantial amount of currently approved development. Commissioner Runyon stated the "freeze" is, "As much as anything, it is intended to prevent potential developers from rushing in and having projects `grandfathered,' there are enough approved to increase homes in Eagle County by 50% and almost all are for second homes." Moffet encouraged the Commissioners to focus on the development of entry level homes for families of four or five. Moffet and Slifer thanked the Commissioners for coming to meet with the Council. Slifer questioned an up-zoning moratorium as it may encourage more annexation and development in the Brush and Gypsum Creek areas. Runyon stated he lived in the metropolitan district of Edwards and had heard no interest of the area incorporating. Logan asked if the Commission was able to impact the Bobby Ginn development near Minturn. Cleveland stated employee generation by second homeowners would have a severe impact on bus transportation. Town Manager Stan Zemler emphasized a moratorium on up-zoning was not a "taking" of private rights. Representing the Vail Village Homeowners Association, Jim Lamont said he believed an up-zoning moratorium may only increase development within municipal boundaries and it would be difficult for municipalities to provide/maintain essential infrastructure. He then stated a belief that blaming affordable housing as a reason to slow up zoning was merely a "straw dog." He encouraged the Commissioners to support the clean up of the Black Gore Creek before spending money on a CDOT proposed airport interchange. Cleveland reported the town would not get the proposed West Vail Fire Station built in 2005. Assistant Town Manager Pam Brandmeyer stated the town was struggling with a way to fund additional staffing related to the station. Zemler stated the facility will be designed in 2005. Cleveland asked if the Commission would consider moving forward previously allocated funding. Fire Chief John Gulick thanked the Commissioners for their support of the fire station and the appropriated funding ($250,000 in 2005 and $250,000 in 2006). Moffet clarified a significant amount of the town's emergency services budget is utilized outside the town limits. Commissioner Tom Stone encouraged a functional consolidation of emergency services in the Vail Valley. Stone then stated he wanted to pursue more housing for senior citizens in the county. "We are considering possibly building more apartments and assisted living facilities for seniors...We currently have 18 people on our waiting list for the Golden Eagle senior facility." Moffet encouraged the Commissioners pursue the issue and offered the town's assistance in the development of senior facilities. Logan asked if the county (commission) was sympathetic to the pine beetle infestation. Runyon responded, "We really need to get on top of it." Menconi said each year he strives to find projects that are regional in scope and the town's forest management plan would be a worthy project. Zemler mentioned he and Runyon had recently attended an I-70 Corridor Transportation Coalition Meeting. He stated the organization was in need of funding as the organization's finances were exhausted. Runyon stated he believed there was difiiiculty coming up with a definition of what the coalition's goals are. Stone stated he believed the process was doomed from the start and funding the coalition would be money ill spent. "There is no single issue to tie the Coalition together." He continued, "Taxpayer funds would be better spent within Eagle County." Menconi finished, "The county's "Shaping of the Future" course would be starting in September. The third item on the agenda was a Muscular Dystrophy Fire Fighter Proclamation. Representing the Muscular Dystrophy Association, Carmen Moyer announced along with the town, "thanks" were due to the Vail Fire Department for their support of the Fill the Boot Fundraising Program. "They have continued to be the highest raising fire department on the Western Slope...Last year they raised almost $10,000, and this year's goal is $20,OOO...In light of this, we are announcing the week of August 29th - September 5th: Vail Fire Fighter Appreciation Week." Moffet moved to approve a proclamation commemorating the Vail Fire Department with Ruotolo seconding. The motion passed unanimously 7-0. The fourth item on the agenda was a Construction Update. Public Works Director Greg Hall stated Vail Valley Drive utility work would continue. Vail Village streetscape improvements on Bridge and Gore are to resume after Labor Day. Donovan encouraged saving the landscaping on the corner of the future Four Seasons project. Hall continued, Intermountain South Frontage Road work would continue and would move as far as the Conoco service station after Labor Day. Donovan inquired about winter access to the LionsHead gondola. Representing Vail Resorts, Jay Peterson stated a 20 foot path on the west side of Garfinkels would be constructed by ski season. The fifth item on the agenda was a Vail Conference Center -Ballot Language and Parking discussion. Russ Forrest reported, based on input from the afternoon work session with representatives from the lodging community, Council could choose to keep the ballot language previously reviewed in June or it could choose to direct staff to prepare alternative language. In addition, staff confirmed how parking should be addressed in the facility based on input from the Planning and Environmental Commission (PEC). In July, Council approved the current format for the conference center ballot language. At the Aug. 2 meeting Council requested the lodging community provide any input they might have on the proposed ballot language by the Aug. 16 meeting. The other item discussed involved parking for the facility. Over the summer months the conference center has received preliminary reviews by both the Design Review Board (DRB) and the PEC. At the July 25 PEC meeting, the Commission indicated the conference center should provide 243 spaces for parking based on the zoning code. The project is proposing to build 250 spaces. The parking would be managed/operated by the town. The existing 1,100 spaces and the new 250 spaces would be operated as one public parking facility. If an event occurred on a peak ski day, there would be the ability to segregate or reserve parking for the conference facility. Staff proposed segregating 125 spaces during times when the facility is used and frontage road parking is anticipated. Vail Resorts previously committed $4.3 million for public parking. Staff suggested Council comply with the PEC request to provide 243 spaces. The primary question is whether Vail Resorts funding should be expected to help pay for the proposed parking underneath the parking structure. The alternative would be to increase the amount of the project budget for the conference center an additional $4.3 million to pay for the full total of 250 net new parking spaces. Hall stated parking would require good planning (prior to conference center events). Forrest followed, "In the winter we are projecting five significant conferences." Hall continued, "The conference market is in the summer...Last season we had cars parked 38 days on the frontage road." Forrest clarified staff used conference attendance levels at the local Marriott Hotel to assist in substantiating previously developed parking needs assessments. Moffet recommended building parking spaces on an alternative parcel to relieve the conference center of the financial burden of providing parking. Ruotolo clarified Vail Resorts' pledged $4.3 million was intended to be used by conference center attendees as well as the general public on peak ski days. Mire qualified Vail Resorts must agree with the money's use. Cleveland stated he believed off-site parking would be too far down the road and would not be in the town's control. Council reached consensus a parking decision should be delayed until a maximum guaranteed price had been provided. Bill Jewitt, PEC member, stated the PEC would make no decisions until Council approved ballot language. "The PEC has not even taken a straw poll on how many spaces the town should be required to provide." Donovan said, "I have no confidence in the parking needs analysis as the numbers seem to be continually changing." Ruotolo stated the town should adhere to requirements imposed upon any other developer. The sixth item on the agenda was an Amendment to E911 Inter-Governmental Agreement. Communications Manager Paul Smith reported due to increased telecommunications expenses and surcharge revenue shortfalls, the Eagle County Telephone Service Authority Board (911 Authority) has been forced to reduce its contributions to the operating budget of the County's E911 Center in fiscal years 2004 and 2005. The reduction has forced a corresponding cost increase to the user agencies within the county and required a temporary reduction in staff in 2005. The E911 Authority's revenue shortfall was reported to be directly impacting E911 services in Eagle County and forcing an unnecessary financial burden on the public safety agencies within the county. To help resolve this issue the E911 Authority and Eagle County recently approached the Public Utilities Commission (PUC) requesting an E911 surcharge increase for Eagle County. The increase will bring the current phone based surcharge of $.70 up to $1.25 per month per phone line. To assist in this matter the E911 Authority requested the Mayor of the town endorse the "Second Amendment" to the E911 Telephone Service IGA which provides for the proposed surcharge increase. Town staff recommended the signing of the amended IGA. Cleveland stated he was not comfortable raising the charge for service by 79%. He encouraged using E911 reserve funds to solve the fiscal shortfall until an efficiency analysis of the emergency communication system is undertaken. Smith stated expenses have increased as revenue is decreasing due primarily to mobile phone usage and increased trunk line costs. Moffet encouraged increasing mobile phone tower leases to help offset costs. Smith emphasized emergency communication system budget shortfalls were prevalent throughout the state. Cleveland expressed concern a potential change in the districting of the E911 board would be exclusionary of eastern Eagle County residents. Moffet moved with Cleveland seconding a motion to approve the IGA. The motion passed unanimously, 7-0. Zemler recognized Smith as performing exemplary at his job and operating the communications center. The seventh item on the agenda was the First Reading of Ordinance No. #16, Series of 2005, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use to the District and to add a definition of a "bowling alley" to the Vail Town Code. On April 25, 2005, the PEC voted 6-0-0 (Gunion absent) to forward a recommendation of approval for a proposed text amendment to the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use and to add a definition fora "bowling alley" to the Vail Town Code. On Aug. 2, 2005, Council tabled the First Reading of Ordinance No. #16, Series of 2005, without hearing any presentation. This application to amend the allowable conditional uses for the Commercial Service Center District and to add a definition for "bowling alley," was submitted as a part of the proposal to establish SDD No. #39, Crossroads. The application to establish SDD No. #39, Crossroads, was withdrawn. Staff reported a potential opportunity to examine and update the development standards for the Commercial Service Center District in whole. Ordinance #16, Series of 2005, died for lack of a motion. The eighth item on the agenda was the First Reading of Ordinance No. #19, Series 2005, an Ordinance making supplemental appropriations to the 2005 Budget, Supplemental Appropriation No. #2. Moffet moved with Hitt seconding. Slifer and Cleveland announced the town would be performing a forest health project to address pine beetle mitigation within the town limits. Cleveland stated more mitigation would be performed in 2006. Donovan asked for a breakdown of the increases in employee salaries. Zemler acknowledged Phil Bowden of the United States Forest Service, Fire Technician Tom Talbot, and Town Environmental Officer Bill Carlson for designing the forest health plan. The ninth item on the agenda was the second reading of Ordinance No. #17, Series of 2005, an ordinance amending the Vail Land Use Plan pursuant to Chapter VIII of the Vail Land Use Plan, adding the Chamonix Parcel as Tract 43 in the "Inventory and Assessment of Town Owned Property" contained in Chapter VII, Community Facilities. On July 20, 2004, upon the recommendation of acouncil-citizen-staff review committee, Council authorized the Town Manager to hire the planning team of Davis Partnership/Michael Hazard Associates to facilitate a master land use plan centered on afire station for the town-owned Chamonix property at 2310 Chamonix Road. On Jan. 4 24, 2005, the PEC held a work session to consider a proposed draft Land Use Plan for the Chamonix parcel, hear public input, and discuss the other possible uses on site which would be in addition to the primary fire station use. On June 27, 2005, the PEC unanimously approved a proposed land use plan and an attached site plan produced by the collaborative efforts of the committee, staff, and Davis Partnership/Michael Hazard Associates to be used as a guide for future land uses on the Chamonix Parcel. On Aug. 2, 2005, the Town Council voted 6-1 to approve Ordinance No. #17, Series of 2005 on first reading. Donovan questioned the location of a perceived driveway on a provided map. She then stated she would not vote for the project as she believed it was being forced on the site. She expressed there might be other potential sites uncovered during an upcoming West Vail master planning process. Moffet moved with Ruotolo seconding a motion to approve the ordinance. The motion passed 6-1, Donovan opposed. The tenth item on the agenda was the Second Reading of Ordinance No. #18, Series of 2005, an ordinance amending Section 12-7H-12, Density (Dwelling Units Per Acre), Vail Town Code, to allow multiple attached accommodation units within a dwelling unit located within the Lionshead Mixed Use 1 zone district. On June 27, 2005, the PEC held a public hearing on a request for a final review of a text amendment to Section 12-7H- 12, Density (Dwelling Units Per Acre), Vail Town Code, pursuant to Chapter 12-3, Amendments, Vail Town Code, to allow multiple attached accommodation units within a dwelling unit (PEC05-0040). Upon consideration of the text amendment request, the PEC voted 5-0 to forward a recommendation of approval of the request to the Vail Town Council. On Aug. 2, 2005, Council approved Ordinance No. #18, Series of 2005 on first reading. Ruther announced the ordinance worked to produce more "hot beds" in the LionsHead core area. Donovan clarified a room without a stove would not be considered a kitchen facility. Representing Vail Resorts, Jay Peterson stated the use does not work well in a public accommodation zone district. Four buyers of The Arrabelle at Vail Square had asked for a second lock-off unit. Hitt stated he believed staff had not researched the matter thoroughly enough as it could have potentially been expanded throughout town. Moffet moved with Cleveland seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was the Town Manager's Report. - Visitor Information Center Operator Contract Zemler called Council's attention to a draft contract he was preparing to sign between the town and Vail Info Inc for operation of the Visitor Information Centers, effective Oct. 1, 2005. Zemler asked if Council had any fundamental concerns with the contract prior to its execution, to which there were none. During the discussion, some operational details were discussed. Moffet suggested requiring vendors who do business in the Town of Vail, such as fly fishing guides, be required to obtain a Vail business license, while Slifer suggested expanding the Visitor Center operational policies to include some additional assistance in helping guests with lodging outside the town's boundaries, if needed. Donovan suggested increasing the number of hours a volunteer must work in order to obtain a parking pass. However, as the discussion continued, which included comments by Mike Griffin, who currently manages the community host volunteer program, the Council agreed to maintain the 80 hour requirement as drafted. Following the discussion, Griffin was commended by the Council for his dedication and hard work in managing the visitor centers and the community host program. Zemler and Silverthorn discussed the development of a new transit map. The new maps would include outside entity advertising to assist in defraying the cost of graphic production and printing. The twelfth item on the agenda was adjournment. The meeting was adjourned at approximately 9:30 p.m. Moffet moved with Ruotolo seconded a motion to adjourn. The motion passed unanimously, 7-0. Respectfully Submitted, ATTEST: ~OW.N O,C •••' '•. L '•.~ • 'r • L' 4~O .....••''. ~RAD4~ Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, September 6, 2005 6:00 P.M. Vail Town Council Chambers Council Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Kent Logan Kim Ruotolo Farrow Hitt 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 Input. Ruotolo reported there was a local Hurricane Katrina disaster relief organizational meeting held earlier in the day at the Eagle County Building in Eagle. She stated another meeting would be held at 5:30 p.m. Sept. 8 in the Holiday Inn-Apex Lodge Ballroom. Eagle County Commissioner Arn Menconi announced that a web site with information on local recovery assistance was available at www.eaolecounty/Katrina. The second item on the agenda was the Consent Agenda, approval of Aug. 2 and Aug. 16 Minutes. Moffet moved with Cleveland seconding a motion to approve the minutes without amendments. The motion passed unanimously, 7-0. The third item on the agenda was a Construction Update. Public Works Director Greg Hall reported streetscape work had begun for the fall season earlier in the day. Work on the LionsHead core site had been continuing primarily on the tunnel area. In West Vail work was to continue by the Conoco service station for a few days with paving taking place later in the week. Improvements to the "Vail Road chute" by the Lodge at Vail were to begin in the near future. Final improvements (streetscape) to the Parker's Green and Founder's Parking Garage also are being completed. The fourth item on the agenda was Resolutions #16, Series of 2005 setting forth language for a ballot question on November 8, 2005, to raise the lodging tax to pay for the construction and operation of the Vail Conference Center and Resolution #17, Series of 2005, expressing Council's intent in developing a threshold for collecting up to 1.5% in additional lodging tax for the conference center. A) Resolution #16, Series of 2005, which sets forth language to have a ballot measure on November 8 which would ask voters to increase the lodging tax for the conference center, and B) Resolution #17, Series of 2005, which would state the Town Council's intent on collecting up to 1.5% of new lodging tax for the conference center. Community Development Director Russ Forrest reported on August 31 the Conference Center Advisory Committee (CCAC) met to review the guaranteed maximum price from Mortenson Construction and proposed ballot language. At that meeting the Committee unanimously recommended Council approve Resolution #16 and #17. Moffet moved to adopt Resolution #16 with Logan seconding. Representing Architectural Research Consultants, Chris Squadra reported a guaranteed maximum price of $64,772,865. The price included the following: Construction Costs $ 53,376,740 Soft Costs $ 4,700,000 Housing Requirement $ 525,000 Furniture Fixtures & Equipment (FF&E) $ 1,845,000 Town of Vail Contingency $ 4.326.125 Total Cost $ 64,772,865 The Town of Vail contingency included: Construction $ 1,756,093 FF&E $ 184,500 Consultant, Eng & Design $ 255,151 Other Contingency $ 2.130.381 Owner's Contingency $ 4,326,125 Finance Director Judy Camp introduced town underwriters Johnathon Hurue and Michael Lund representing Piper Jaffray. Hurue explained the fees and costs associated with bond issuance. Underwriting, insurance premiums and rating expenses were all associated with the cost of issuance. Camp then described a 30 year projected financial analysis of the center. Donovan clarified funds had been budgeted for significant repairs and replacement (more than basic maintenance). Squadra reported the building would be under warranty the first year of operation. Representing the town, bond attorney Dee Wisor reported Resolution #16 ballot language would approve a lodging tax of not more than 1.5% (which will result in a total lodging tax imposed by the town of not more than 3.0%). The ballot language would give Council authorization to increase or decrease the tax, based on available cash reserves. The initial tax could possibly be .79% based on interest rates and bond insurance. During a pause for public comment Michael Cacioppo provided nine reasons why Council should not approve Resolution #16. CCAC member Rob Levine stated many people were supportive of the conference center with or without the language included in Resolution #16. CCAC member Rick Scalpello disagreed with the proposed funding requirement analysis. Logan stated Scalpello's findings were a matter of financial semantics. Logan emphasized, "This is not a field of dreams project. If we build it, they will not necessarily come...This is as big a risk as the original founders of Vail undertook." Logan's comments clarified business owners would receive a larger rate of return than would the town. "Let the town decide (by referendum) this is a risk they want to underwrite at this point in time." Representing the Holiday Inn-Apex, Mark Cervantes clarified that if the ballot question fails, the 2002 tax would go away. He asked Council to reconsider and spoke in support of the conference center. CCAC member and Vail Marriott General Manager Dave Pease spoke in support of the center on behalf of the Marriott and Vail Resorts. Mark Gordon asked if 2 the ballot passed, could another petition preclude the construction of the center? Town Attorney Matt Mire answered yes. Donovan expressed concern the construction budget projections were not accurate. "i have continued to be disappointed with this...There has never been apro/con discussion...) think this is a risk that is too big to take...) will also vote against it at the ballot box because of the architecture." Slifer stated a contract with the builder and contingencies would be adequate to cover costs. Responding to Logan's comments, Michael Cacioppo argued the risk for the conference center was not as great as that assumed by the founders of Vail. Wisor clarified the resolution did not bind Council to actually issue the debt. An amended motion passed 6-1, Donovan opposed. Moffet then moved to approve Resolution #17 with Logan seconding. Moffet stated he would like to examine a way to reduce the tax burden on the lodges. He encouraged exploring a mechanism that would enable Council to reduce the Vail Local Marketing District (VLMD) tax since a portion of the tax is used to market groups just as the conference center budget would provide. Donovan stated the conference center would compete with existing conference space. CCAC member Stan Cope asked if the initial tax rate would be based on current interest rates or those existing at the time of debt issuance. Forrest clarified the ability to lower the projected .79% initial tax increase if existing rates remained at the status quo or fell. Wisor clarified the VLMD is a separate legal entity from the town. The motion approving Resolution #17 passed 6-1, with Donovan opposed. Hitt stated more of the financial burden should have been shouldered by a partial sales tax increase. Slifer thanked the CCAC for their industriousness and time consuming efforts. The fifth 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 variance from Section 12-6C-6, Setbacks, Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1. Senior Planner Bill Gibson stated on July 25, 2005, the PEC approved a variance from Section 12-6C-6, Setbacks, Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition at 1448 Vail Valley Drive. The appellant, Vail Town Council, "called- up" the PEC's decision at its August 2, 2005, public hearing. Staff recommended Council uphold the PEC's approval of a variance from Section 12-6C-6, Setbacks, Vail Town Code, to allow for a residential addition at 1448 Vail Valley Drive, subject to the findings in the staff memorandum dated July 25, 2005. However, staff recommended Council overturn the PEC's approval of a variance from Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, Vail Town Code, to allow for a residential addition at 1448 Vail Valley Drive, subject to the findings in the staff memorandum dated July 25, 2005. The applicant, Robert Stephenson, stated due to the multiple levels (five) of his home and elderly relatives he would like to request the ability to construct a new 100 sq. ft. single-story front entry room with a 45 sq. ft. five-story elevator addition (total of 225 sq. ft.) Speaking on behalf of the applicant, John Schofield, a next door neighbor and former PEC chair, explained the variance requests, adding that some discrepancy regarding the GRFA could be related to methods for calculating GRFA within the town which have changed many times. Project architect Pam Hopkins said, "We are asking for a variance for the garage not for additional site coverage." Moffet replied, "You still require a GRFA variance." Moffet moved to uphold the set back variance with Cleveland seconding. The motion passed unanimously, 7-0. Moffet then moved to uphold the setback variance in relation to covered parking with Cleveland seconding. The motion passed unanimously, 7-0. Moffet moved to overturn the PEC in regard to additional site coverage in relation to covered parking with Ruotolo seconding. Donovan stated she could have accommodated the additional square footage by reconfiguring the existing square footage. The motion passed 4-3 with Hitt, Slifer and Logan opposed. Moffet then moved to overturn the GRFA variance. The motion passed 4-3 with Hitt, Slifer and Logan opposed. The sixth item on the agenda was the discussion of Village Streetscape Mill Creek Court Building Construction contract Award for 2005-2006. The town and Mill Creek Court Condominium Association cooperatively designed and received a proposal for construction improvements in Vail Village. Council was advised negotiations were underway and finishing the streetscape in this area was an appropriate objective. Staff negotiated a cost sharing agreement with the condominium association. The association board has agreed to the proposal. These improvements include the replacement of planters, steps, landscaping, installation of snowmelt systems and final streetscape treatments. In addition the association has agreed to upgrade a trash dumpster. The town reviewed the proposal with the contractor. The project is scheduled to begin construction later this year and finish in spring 2006. Staff recommended council add the required additional dollars to the supplemental budget to fund the town's portion of the project: $225,000 from Real Estate Transfer Tax (RETT) Fund and $50,000 from Capital Projects Fund; the remainder of the project will be funded by the Mill Creek Court Condominium Association ($205,000) and from the existing streetscape budget ($95,000). Hitt moved to supplement the Village Streetscape budgets by $225,000 from RETT and $50,000 from the Capital Projects Fund and direct the Town Manager to execute a change order with B&B Excavating up to $550,000 to construct the streetscape improvements around the Mill Creek Court Building. General concern from Council and staff was expressed in regard to an on-going concrete shortage. Mire encouraged an amendment be added to the project regarding approval of contracts between the town and the adjacent property owner. The motion was amended. The motion passed unanimously, 7-0. The seventh item on the agenda was a discussion of Gore Valley Trail Improvements at Cascade Village. Landscape Architect Greg Barrie recommended the following: Approve a total project budget of $645,000 with the understanding the town will be reimbursed for the cost of Project 1 through the Holy Cross Energy Enhancement Funds. Award the Gore Valley Trail Improvements at Cascade Village project, in whole, to B&B Excavating in the amount of $ 574,583.87 with the understanding a portion of the work would be completed in the spring. Staff has continuously worked on multiple projects in the Cascade Village area for the past several years. While Cascade Village Metropolitan District postponed their projects previously scheduled for this fall, the town was in a position to perform much needed maintenance work to the Gore Valley Trail, starting on Sept. 12. A portion of the work would be completed in the fall, with the remainder of the work occurring in the spring of 2006. Hitt asked about the widening of the recreation path behind Cascade Village. Barrie stated the path would be a consistent ten feet in width. Hitt expressed concern about the straightening of the path as its meandering nature added to its quaintness. Hitt inquired about the status of easement agreements. He stated rec path dollars have always been contingent on easement grants and would not vote on this unless easements are tied to the money. Barrie stated negotiations were cordial and significant progress had been made. Donovan clarified natural areas would be protected. Ruotolo moved to approve the aforementioned projects with Moffet seconding. Hitt requested the funding be contingent upon recreation path easement resolution. The motion passed 6-1, with Hitt dissenting. 4 The eighth item on the agenda was a discussion of the West Vail Sub-Area Plan Process. Community Development Director Russ Forrest announced the purpose for creating a West Vail Sub-Area Plan was to provide an improved framework for decision making in the West Vail commercial area by providing direction on appropriate uses, bulk & mass, along with other development parameters. It would also help to identify other public improvements which developers would consider upon submitting proposals to the Community Development Department, such as affordable housing, retail uses, parking and traffic circulation improvements. Council had in previous meetings identified a need for the West Vail area to have asub-area plan created for a well thought out redevelopment of West Vail. The plan would study the area from the Roost Lodge west to Wendy's on the North Frontage Road. There is a mix of zoning between The Roost Lodge and the Brandess Building. Donovan asked if too many projects were too far along in the application process for the proposed study to be valid. Representing the Vail Village Homeowner's Association, Jim Lamont encouraged fostering the reality that West Vail is an integral part of the community. Lamont stated his association looked forward to being involved in the process. Slifer asked the Conoco on the South Frontage Road be included in the study. 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 The applicant requested Council table the second reading of Ordinance No. #17, Series of 2004, to October 4, 2005. On July 12, 2004 the PEC voted 4-2 to forward a recommendation of approval, with conditions, for the proposed amendments to Special Development District #4, Cascade Village. On August 3, 2004 by a vote of 7-0 Council approved the first reading of Ordinance No. #17, Series of 2004, with a condition the applicant, Vail Resorts, resolve any issues related to the protective covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17 and October 5, 2004; January 4, May 3, June 21, and August 4, 2005 Council tabled the second reading of Ordinance No. #17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore, Vail Resorts requested the second reading of Ordinance No. #17, Series of 2004, again be tabled to a future Council meeting. Moffet moved with Cleveland seconding. The motion passed unanimously, 7-0. Ruotolo asked if the tabling provided a reasonable time. Representing Vail Resorts, Jay Peterson stated, "We are pursuing it, and we feel we can get it done." Logan then asked if The Arrabelle at Vail Square construction was proceeding on schedule. Peterson stated, "We are currently two to three weeks behind...We have had a significant amount of water...We feel like we can get the dirt past the skier bridge by ski season." Zemler confirmed the opening of the gondola in the winter would not be delayed. Cleveland asked for construction reports from Vail Resorts for the next few months. Logan also asked if there was significant impetus to rename the LionsHead ski area. Peterson stated, "Yes, and we have not tried to hide that...The name of our project is The Arrabelle at Vail Square...Much of our signage will reflect that...We've had a lot of support for the idea." The tenth item on the agenda was the second reading of Ordinance No. #19, Series 2005, an Ordinance making supplemental appropriations to the 2005 Budget, Supplemental Appropriation No. #2. Moffet moved to approve the ordinance with Ruotolo seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was Resolution No. #15, Series of 2005, a resolution expanding the boundary of the Study Area of the Lionshead Redevelopment and amending Chapter 5, Detailed Plan Recommendations, LionsHead Redevelopment Master Plan, to include Section 5.19 Evergreen Lodge at Vail. Chief Planner George Ruher explained on June 27, 2005, the PEC held a public hearing to discuss a text and map boundary amendment to the LionsHead Redevelopment Master Plan. The purpose of the amendment is to include the Evergreen Lodge in the Study Area of the LionsHead Redevelopment Master Plan. Upon discussion of the amendment, the Commission voted unanimously to table the final hearing on the proposed amendment to a future meeting date. The purpose of the tabling was to allow staff and the applicant an opportunity to address the various questions of the Commission prior to the Commission taking action on the request. The Commission specifically requested any amendments to Chapter 5, Detailed Plan Recommendations, should make reference to the following: • Vehicular and pedestrian access • Maintenance of the existing accommodation units on the site • Impacts on Middle Creek • South Frontage Road improvements • Physical relationship to the Vail Valley Medical Center • Relationship to the proposed Vail Conference Center • Need for architectural improvements • Loading and delivery improvements • Pedestrian connection to West Meadow Drive On July 17, 2005, the Community Development Department requested a work session with Council to discuss the merits of preparing an amendment to the LionsHead Redevelopment Master Plan that would expand the boundary of the plan to include the Evergreen Lodge. Upon discussing the possible merits of the amendment, the Commission directed staff to prepare an amendment for further Commission and Council consideration. On August 22, 2005, the PEC voted 6-0-0 to forward a recommendation of approval of the proposed text and boundary amendment to the LionsHead Redevelopment Master Plan to Council. In forwarding a recommendation of approval, the Commission expressed the need for Section 5.19.3, Preservation of Existing Accommodation Units, of the proposed amendment to place more emphasis on no net loss of accommodation unit square footage, creation of quality hotel rooms, and the maintenance of the number of existing "hot beds," rather than placing so much focus on merely maintaining the number of existing rooms. T.J. Brink, HB Development, stated he intended to include hotel suites in the project. He also advised Council he intended to reface the tower portion of the project and redevelop the portion of the building nearest the South Frontage Road. Ruotolo clarified an accommodation unit can not be a time share. Slifer and Cleveland stated they did not want to lose one single hotel room. Donovan asked Brink, "Why do you need to go into LionsHead to do what you want to do?" Brink responded, "I don't need to. I could do a Special Development District (SDD). It is zoned multi-family and I would need a conditional use to add hotel rooms. I don't like conditional uses. They can be taken away." Ruther clarified the existing structure's redevelopment would need to express good architectural design. "This project does not have to look like the Arrabelle." Hitt emphasized the structure would need to fit into the surrounding environment, both natural and architectural. Logan asked what the allowable GRFA was for the property. Ruther stated he did not have the information immediately available. Donovan asked for apro/con statement as to why Council should or shouldn't approve the change. Moffet moved to approve with Ruotolo seconding, with a condition tied to the rezoning of the site. The motion also included an absolute height clarification. Representing the Vail Village Homeowner's Association, Jim Lamont verified administrative processes surrounding the resolution. Donovan stated the project was a good example of what SDDs were created for. Zemler re-emphasized a rezoning is not the time to dictate what goes on the property. Michael Cacioppo stated the building was ripe for redevelopment. He discouraged Council from micromanaging projects as they came to Council for approval. Zemler stated comparing the Evergreen Lodge project and zoning process was not similar to what existed with the recently failed Crossroads redevelopment. "I think we had good success with the Arrabelle...lt had a background to work with as opposed to nothing at all." Hitt questioned, "Is Vail Resorts the only one who is allowed to redevelop their property? We have one hand out asking people to redevelop and the other hand out trying to keep them from doing so." Logan asked for at least a conceptual description of what the developer intended to do with the property. Zemler discouraged Council from trying to perform the function of the PEC. Peter Knobel stated, "If someone is going to invest in this town they need guidelines...There has to be some baseline for what you are going to be able to do with the property." Logan stated he believed the size of the project impacted the character of the town and therefore became a public policy decision. Donovan stated she did not believe the project fit the LionsHead character of mass and scale. The motion passed unanimously, 7-0. The twelfth item on the agenda was the Town Manager's Report. Nothing was reported. The thirteenth item on the agenda was adjournment. Moffet moved with Hitt seconding a motion to adjourn. The motion passed unanimously, 7-0 at 10 p.m. Respectfully Submitted, p~• ••.......•••~ 0 n: • O; ~ ~ : ''Z ; ~• ~s . • a •Z • ~~: • r O ATTEST: •'••.....•;~~d~ ~~~ ~ Rodney E. Slifer, Mayor J orelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, September 20, 2005 6:00 P.M. Vail Town Council Chambers Council Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Kent Logan Kim Ruotolo Farrow Hitt 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 Input. There was no citizen input. The second item on the agenda was a Construction Update. Public Works Director Greg Hall provided an overview of construction projects occurring throughout the community. Updates were provided on streetscape work on Bridge Street, utility work on East Meadow Drive, streetscape work on Hanson Ranch Road as part of the Tivoli Lodge construction, and continued progress in LionsHead with construction of the Arrabelle at Vail Square. Sewer work has been completed at the West Vail roundabout and a turn lane is under construction on the South Frontage Road for an employee parking lot at the Vail Resorts maintenance yard (Holy Cross site). Hall said it was unclear if the contractor for the Four Seasons project would be able to schedule relocation of the Spraddle Creek culvert any time soon as approvals have not been completed. Hall said he did not know what impact the delay would have on the project's overall timetable. The third item on the agenda was a transfer request for Eagle County Down Payment Program. With a motion by Moffet and a second by Logan, Council voted 7-0 to approve a request to transfer $10,000 from the town's buy-down program to the Eagle County Down Payment Assistance Program. In presenting the request, Vail Housing Coordinator Nina Timm noted the Eagle County program has helped 34 employees purchase homes within the Town of Vail. She explained the town's buy-down program is used to purchase free market housing units in Vail, convert them to deed-restricted units, then re-sell the units to qualified buyers at a subsidized price. Timm said the town's buy- down program has previously donated $17,000 to the county fund. The goal is to have the county loan program be self-sustaining by 2008. The fourth item on the agenda was Council Contributions. As part of the 2006 budget process, Council reviewed 42 proposals from 37 organizations requesting funding and/or in-kind services for next year in the categories of economic, educational, recreation, arrangements and agreements, and Real Estate Transfer Tax (RETT). Introducing the discussion Assistant Town Manager Pam Brandmeyer described the criteria used by staff to evaluate the proposals: 1) Does the request bring people to town? 2) Does it give guests something to do while they're here? and 3) Does it support them while they're here? Brandmeyer asked council to provide direction, with additional review to take place during first reading of the 2006 budget ordinance on 10.04.05, followed by second reading on 10.18.05. Council then reviewed a worksheet identifying individual funding recommendations from each member, as well as the town manager, and offered the following direction for inclusion in the budget proposal: Economic Bravo! Vail Valley Music Festival/New York Philharmonic, $100,000; Bravo! Vail Valley Music Festival, $25,000 and 15 Ford Park permits valued at $1,350; TEVA Mountain Games in-kind valued at $7,640; Vail Jazz Foundation Labor Day Weekend party, $7,500; Vail Farmers' Market, in-kind services valued at $8,000; Vail Valley Foundation Birds of Prey, in-kind transportation, $14,000 (contingent on bed base); Vail Valley Foundation The Session, in-kind parking valued at $3,000; Vail Valley Foundation American Ski Classic, in-kind parking valued at $3,000; Vail Valley Foundation Streetbeat Winter Concert Series, $20,000 plus in-kind services valued at $6,500; Vail Valley Foundation Vail International Dance Festival, $15,000; Vail Valley Foundation Hot Summer Nights, $25,000 plus in-kind services valued at $2,800; Vail Valley Chamber & Tourism Bureau Summer Air Guarantee, $10,000; Vail Valley Chamber & Tourism Bureau Summer Air Administrative costs, TBD; Vail Community Host Program, seven blue parking passes valued at $4,125; Vail Commission on Special Events, $650,000, plus in-kind parking valued at $825; and $50,000 as a "placeholder" for economic development/construction mitigation. Educational Eagle Valley Alliance for Sustainability, $15,000 "placeholder"; Vail Symposium, use of Donovan Pavilion through cooperative partnership with Vail Library; Vail Valley Exchange, $6,000; and Vail Valley Institute, $2,500. Recreation Battle Mountain High School Ski Team, up to 500 parking coupons, valued at $2,500; Battle Mountain Huskies Hockey Booster Club, TBD; Skating Club of Vail, nine days of ice, valued at $11,891; Ski & Snowboard Club of Vail, four days of ice valued at $5,285; Snowshoe Shuffle, in-kind parking valued at $4,000; Special Olympics, 80 parking coupons, valued at $1,280; Vail Junior Hockey Association, TBD; and Vail Valley Medical Center Luncheon/Style Show, in-kind parking, valued at $4,000. Arrangements and Agreements Vail Valley Community Channel 5 operating, $64,000; Vail Valley Community Channel 5 capital improvements, $8,200; Youth Recognition Award, $7,000; Eagle Valley Child Care, $40,000; and Vail Valley Athlete Commission, $4,750. Real Estate Transfer Tax Fund 2 Vail Memorial Park Endowment Fund, $50,000; Eagle River Watershed, $100,000; Betty Ford Alpine Garden Foundation operations and maintenance, $50,000; Betty Ford Alpine Garden Foundation Educational Interpretive Stations in the Main Garden, $30,000 based on a $70,000 Great Outdoors Colorado grant. In reviewing the requests, Council members also redirected several proposals to other funding sources, including requests by the Colorado Ski Museum and the Vail Valley Chamber & Tourism Bureau (VCBA). Funding proposals for seven programs submitted by the Vail Chamber and Business Association (VCBA) received the most attention during the evening with Councilman Farrow Hitt expressing support fora $233,075 VCBA proposal to subsidize free gondola rides in LionsHead to help mitigate construction impacts. The gondola program was part of a "passport" program encouraging LionsHead business development. During the public comment period, Craig Arford of Vail Ski & Bike Tech in LionsHead and Bill Jewitt of Bart & Yeti's shared their support for the gondola proposal, saying the construction impacts in LionsHead were taking a toll on the business community's ability to remain viable. While the two acknowledged no sales tax revenues are derived from activities on the mountain, they said the passport component of the proposal would generate sales tax elsewhere since it requires recipients to visit businesses in LionsHead before a free gondola ticket would be issued. Town Manager Stan Zemler urged caution in Council's evaluation of the request, noting other businesses in other areas of the community are also being impacted by construction. He suggested consideration of a mitigation program assisting businesses across the community. While acknowledging the difficulties experienced by LionsHead merchants and in lieu of the gondola proposal, Council agreed to set aside $50,000 as a "placeholder" to be used for ayet-to-be identified program to improve the business climate townwide as a result of the construction impacts. Other VCBA proposals included $15,347 to fund a booth at the Colorado Snow Sports Expo in 2006; $41,734 and a blue parking pass to fund the Premier Impressions customer service recognition program; $14,700 to fund the Vail Gift Card program; $36,740 to fund the Vail Guide; $8,345 to fund the Vail Loves You Coupon Book; and $11,555 for web site funding. Kaye Ferry, VCBA Executive Director, was among those who spoke to explain the value of the VCBA's funding requests. In particular, Ferry explained the perceived benefits of participating in the Colorado Snow Sports Expo, the positive contributions of the Premier Impressions program and the subsidy required to produce a comprehensive guide for Vail that includes the listings of all business license holders. VCBA board members Marka Brenner and John Cogswell also asked Council to support the programs. While individual Council members favored contributing reduced amounts to selected VCBA programs, the consensus of the Council majority was to leave the requests unfunded unless otherwise resubmitted by the town manager. Other speakers during the public comment period included Matt Scherr, director of the Eagle Valley Alliance for Sustainability, Jeanne Reed of Bravo! Vail Valley Music Festival, Jim Brandmeyer, executive director of the Betty Ford Alpine Gardens, and Sybill Navas, Coordinator for the Vail Commission on Special Events. In addition, Rick Silverman helped explain regulations related to Title IX during a discussion about a request for ice time at Dobson Arena for the Battle Mountain Huskies. Silverman also suggested the town impose an impact fee on developers to help fund programs to assist neighboring businesses during construction. The fifth item on the agenda was a Mountain Haus Request to Proceed. With a motion by Moffet and a second by Ruotolo, the Council voted 7-0 to approve a request by the Mountain Haus to proceed through the development review process for a new covered 3 entry and removal of the request to alter landscaping on the west elevation of the existing building within the Town of Vail property surrounding Slifer Square. While discussing the item, town planner Warren Campbell noted the entry improvements were contained in a 1998 town approval, but were never completed. Councilmembers added an amendment to the motion, requiring an easement should the improvements be approved. Diana Donovan expressed frustration with the applicant for cutting trees, calling the unapproved action "unforgivable." The sixth item on the agenda was a Emergency Ordinance Setting Ballot Language for Amendment to Vail Home Rule Charter, re: Vail Municipal Court Jurisdiction. Following a motion by Moffet and a second by Cleveland, Council voted 7-0 to approve an emergency ordinance to submit a Town of Vail Charter amendment to Vail voters at the 11.08.05 election. Town Attorney Matt Mire explained the ballot question was prepared to address a recent Colorado Supreme Court case requiring Home Rule cities with charter language similar to Vail's to use their municipal courts to handle zoning and land use appeals. Due to the lack of appropriate resources, Mire noted the Eagle County District Court has historically presided over such cases rather than the Vail Municipal Court. The Charter Amendment, he said, would formalize the existing practice. The ballot will read as follows: SHALL THE HOME RULE CHARTER OF THE TOWN OF VAIL, COLORADO, BE AMENDED TO ELMINATE THE EXCLUSIVITY OF THE VAIL MUNICIPAL COURT'S JURISDICTION OF ALL CASES ARISING UNDER THE ORDINANCES OF THE TOWN? Due to its emergency status, the ordinance required an affirmative vote from at least five of the seven Council members. The seventh item on the agenda was a birthday recognition. Mayor Slifer interrupted the meeting to ask those in the room to join him in wishing Kim Ruotolo a happy birthday. The eighth item on the agenda was an authorization of Town of Vail Matching Employee Financial Contribution to the American Red Cross for Hurricane Katrina Relief Efforts. With a motion by Moffet and a second by Cleveland, Council voted 7-0 to authorize an expenditure of $3,500.50 from Council Contingency funds to match an equal amount of dollars raised by town employees to be donated to the American Red Cross for Hurricane Katrina relief efforts. Council made a finding that providing matching funds is for the public purpose of intergovernmental cooperation and assisting with the cost of providing food, shelter, clothing and other necessities for the victims of Hurricane Katrina in Colorado and elsewhere in the U.S. The ninth item on the agenda was the Town Manager's Report. • Pine Beetle Mitigation on Upper Bench of Donovan Park Stan Zemler provided an update on the town's forest health program, which included cutting pine beetle-infested trees on a 29-acre town-owned parcel above Donovan Park. The work will also involve cutting of some aspen stands in an overall effort to help rejuvenate the forest and reduce the fire danger. • Holy Cross Easement Following a motion by Moffet and a second by Ruotolo, Council voted 7-0 to grant an easement to Holy Cross Energy for an underground electric transmission line in the 4 area of the Vail Associates snowmaking pump station and to allow the town manager to execute the easement/agreement. The action follows previous approval of an easement for the same area which was granted to Vail Resorts. However, in explaining the need for a new easement agreement, Town Attorney Matt Mire indicated the utility company preferred to take the easement directly from the Town of Vail rather than Vail Resorts. The tenth item on the agenda was Adjournment. Moffet moved with Ruotolo seconding a motion to adjourn. The motion passed unanimously, 7-0 at approximately 8:30 p.m. Respectfully Submitted, ATTEST: ~~ ~ : •.< SEAL .~,~ •...•••~p ~LORP~ Lore ei Donaldson, Town Clerk Minutes provided by Corey Swisher. ~--.~7~- Rodney E. Slifer, Mayor 5 Vail Town Council Evening Meeting Minutes Tuesday, October 4, 2005 6:00 P.M. Vail Town Council Chambers Council Members Present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Kim Ruotolo Farrow Hitt Greg Moffet Not Present: Kent Logan 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. Merv Lapin expressed concern regarding Council's failure to express their positions on the conference center. Slifer asked for Council consensus to discuss the conference center for the benefit of the public at its next evening meeting. Paul Rondeau expressed concern the voters had received "precious little information," regarding the conference center. Rondeau asked what accommodations had been made to utilize the center as a performing arts center when it was not being used for conferences. "What costs were associated with those additional design features? I think we should know the market value of the property we are using for this project." Town Manager Stan Zemler invited Rondeau to call either himself or Community Development Director Russ Forrest for answers to his questions. Rob Levine, who chairs a campaign in support of the conference center ballot question, stated all of the information produced in the past two years regarding the conference center, including a feasibility study, is publicly available. "Do we have to force feed this stuff to people?" He also stated he believed the Vail populous made an informed decision on the conference center vote in 2002. The second item on the agenda was a request to authorize a Timber Ridge Redevelopment Proposal. Zemler reported the Timber Ridge Review Committee recommended the town move forward with Corum Real Estate Group and request a full proposal from Corum for the redevelopment of Timber Ridge Village. A Request for Proposals (RFP) was issued to solicit developers for the Timber Ridge site. "We publicly advertised the RFP's on a national level and received one proposal from Corum," said Zemler. The RFP was broken into two steps. The first step was a request for qualifications. Corum Real Estate Group submitted a complete response to the qualifications request. The Proposal Review Committee met with a representative from Corum. Based on Corum's submittal and presentation, the Review Committee recommends Council invite Corum Real Estate Group to take the next step and submit a full proposal. Representing Corum, Jamie Fitzpatrick provided an overview of his team's qualifications for redeveloping Timber Ridge. Their conceptual design contemplates a three building complex, providing 204 seasonal housing opportunities, along with 176 units of conventional /long term rental. For sale condominiums will also be included in the project. The buildings would be "stick built" four-story structures. The project will require rezoning as the project assumes 56 units per acre density. Fitzpatrick also reported the inclusion of $2 million in the project budget for a pedestrian bridge over Interstate-70. Project construction will require a period of 22 months of no housing on the site. Notably, the proposed development exceeds the existing bed base. Donovan asked, "Who owns the land at the end of the day? Are we locked in to work with you?" Fitzpatrick answered it depended on the land volume consumed by condominium ownership. "The ownership component has not been formalized." Zemler stated the development would be a partnership. Moffet spoke in support of continuing forward with Corum. Moffet then moved to ask for a full proposal. The motion was seconded by Ruotolo. Fitzpatrick verified at the moment the relationship would be based on a handshake, but stated he would eventually need a contractual agreement. Housing Coordinator Nina Timm verified the town has current leases on existing units through 2006-07. However, the town has the right to terminate a lease with 60 days notice. Fitzpatrick stated spring of 2007 would be a realistic project start time. Slifer asked that a conceptual timetable be delivered to Council. Representing the Vail Village Homeowners Association, Jim Lamont said, "In order to expedite the process, the town should undertake a master planning process so that public input can be received on the front end as opposed to the back end. We would all like to avoid the difficulties that occurred in another of the larger projects." The motion passed unanimously, 6-0. The third item on the agenda was the 2005 Election Judge Appointments for the November 8, 2005, Regular Municipal Election. By Colorado State Statute, each polling place must have a minimum of three judges to assist with municipal elections. The Town Clerk, therefore, recommends the appointments of Vi Brown, Karen Morter, Mary Jo Allen, Holly Cole and Summer Holm to assist with the at-the-polls Regular Municipal Election for the Town of Vail on Nov. 8. Moffet moved to appoint the judges, with Cleveland seconding. The motion passed 6-0. The fourth item on the agenda was the Consent Agenda Re: 09.06.05 and 09.20.05 Meeting Minutes Approval. Moffet moved with Donovan seconding an amended motion. Hitt clarified. The motion passed 6-0. The fifth item on the agenda was a West LionsHead Planning Process Overview. Vail Resorts Development Company has submitted plans for aRitz-Carlton condominium project on the West Day Lot. The applicant intends to comply with the LionsHead Mixed Use I zoning on the property. In addition, Vail Resorts is pursuing approval from the U.S. Forest Service through its National Environmental Policy Act Process. The Forest Service will require the preparation of an Environmental Assessment which will consider the environmental impacts of a new lift on the West side of LionsHead. The proposed location of the West LionsHead lift would be directly adjacent and to the west of the proposed Ritz-Carlton condominium project. Staff and Vail Resorts Development Company agree a planning process must now be initiated in the Town of Vail to evaluate the implications and land use issues associated with a new lift in this location. As such, staff requested approval from the Town Council on a process for developing a plan that would consider a new lift and ski portal on the west side of LionsHead. Furthermore, staff requested the Town Council appoint two of its members to join a planning team for creating an acceptable concept for West LionsHead. This planning process would also consider additional public parking and potentially transit improvements, along with other public improvements associated with the creation of a new lift. This may result in an amendment to the LionsHead Master Redevelopment Plan. Zemler reported the process would take three to four months to complete. Moffet suggested Council have a discussion regarding what is and what is not acceptable, "broad strokes policy." Hitt and Cleveland were appointed by the Mayor to represent the Council on the planning team. Donovan requested the impact to Vail and LionsHead Villages be investigated. Donovan stated a mistrust of the traffic impact numbers provided by Felsburg, Hotz, and Ullvig. Public Works Director Greg Hall stated the numbers provided by the traffic engineers were resort oriented. Slifer requested Cleveland be made chair of the planning team. Donovan questioned making a Town Council member the chair of the planning team because it made the process seem skewed. The sixth 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 On July 12, 2004, the Town of Vail PEC voted 4-2 to forward a recommendation of approval, with conditions, for the proposed amendments to Special Development District #4, Cascade Village. On August 3, 2004, by a vote of 7-0 the Town Council approved the first reading of Ordinance No. 17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17 and October 5, 2004; January 4, May 3, June 21, August 4, and September 6, 2005, the Town Council tabled the second reading of Ordinance No. 17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore, Vail Resorts requested the second reading of Ordinance No. 17, Series of 2004, again be tabled to a future Town Council meeting. Moffet moved to table the ordinance to November 15, with Ruotolo seconding. Representing Vail Resorts, Jay Peterson stated the covenant resolution process continued and positive results still remained probable. Hitt attempted to clarify whether Vail Resorts would potentially close the Cascade Lift. Peterson was unable to respond. The motion passed unanimously, 6-0. The seventh item on the agenda was the First reading of the 2006 Budget Ordinance No. 22, Series 2005. Finance Director Judy Camp verified approval of the ordinance would require asuper-majority vote. Moffet noted the $20,000 requested by the Vail Chamber & Business Association for the production of the Vail Guide be moved to the town's public information budget. Moffet then emphasized he did not want to set precedent by making a cash donation to the Battle Mountain Hockey Team, and questioned the possibility of donating "ice time". Brandmeyer responded the town had the ability to donate Dobson Ice Arena "ice time" for possible fund raisers. Hitt commended Moffet for his suggestion. Hitt then recommended examining the hard costs for renting the arena, so the town could possibly purchase days for the hockey team to utilize. Louise Funk, concerned parent, and Brent Young, Battle Mountain High School Booster Cub Vice-President, noted Battle Mountain Hockey was no longer a part of Vail Junior Hockey. Hitt suggested Battle Mountain Hockey become better fund raisers. Zemler noted the Florida Panthers professional hockey team had recently visited the Vail Valley, and asked if there might be fund raising possibilities with the organization. Funk and Young stated the Panthers practiced with the Eagle Valley Hockey team. Hitt clarified the Western Eagle County Metropolitan Recreation District had been more amicable facilitating the Battle Mountain Hockey team than the Vail Recreation District (VRD). Funk and Young stated Battle Mountain wished to keep Dobson Ice Arena as their home arena. Donovan recommended Council discuss the matter with the VRD. While discussing other matters, Hitt questioned not supporting the VCBA's Premier Impressions program as it supported Vail's "frontline" workers. "I think we were short-sited by not giving the program any money." Donovan echoed Hitt's comments. VCBA Executive Director Kaye Ferry stated analysis revealed Vail's front line employees don't feel valued in the community. Ferry noted in a recent poll, Vail's customer service rankings had moved from No. 9 to No. 6. Moffet stated the town, and government in general, should not fund an incentive program for private sector employees. He then encouraged the VCBA to solicit contributions for the program and the town could possibly provide matching funds. Council then agreed to match up to $12,500 for the program. Ferry stated in the past VCBA members contributed significantly to the program. Ferry then asked that additional funding for the Vail Guide be provided in the public information budget. Donovan stated the Vail Guide was critical for the guest. Hitt reminded Council a recent Longwood's International recommendation supported providing the Vail Guide in the Vail Local Marketing District's annual mailing pieces. Bill Jewitt stated he believed it was important to have a place for all local businesses to be listed, especially as it benefited small business. Ruotolo questioned the $14,000 for the Bird's of Prey contribution. Brandmeyer stated it was a real cost to the Town of Vail. Cleveland asked Human Resources Director John Power to explain the proposed employee budget. Moffet emphasized the importance of maintaining quality employees. Zemler clarified this was not a four percent increase. Cleveland recognized the town provides an exemplary benefit package. Donovan mentioned health insurance. Moffet moved to approve with amendments as discussed, with Ruotolo seconding. The motion passed 6-0. The eighth item on the agenda was the First Reading of Ordinance No. 23, Series 2005, an ordinance repealing and reenacting Title 6, Chapter 3, Article I of the Municipal Code of the Town of Vail relating to restraining order violations. Town Attorney Matt Mire announced since the town's adoption and codification of its restraining order legislation in 2004, several of the Colorado Revised Statutes referenced and cited in the Town Code relating to restraining orders had been repealed by the Colorado General Assembly. As such, the restraining order prohibition as set forth in the Vail Town Code prohibition has been re-written to delete the repealed statutes. Moffet moved, with Cleveland seconding a motion to approve. The motion passed 6-0. The ninth item on the agenda was the First Reading of Ordinance No. 24, Series 2005, an ordinance deleting Title 4, Chapter 4, Articles A and B, Vail Town Code as they relate to time-share disclosure and registration requirements; amending Title 12, "Zoning Regulation," for proposed housekeeping amendments relating to the definition time- share units. Table the first reading of Ordinance No. #24, Series 2005, to the regular meeting of Council on October 18, 2005. On September 12, 2005, the PEC considered text amendments to certain sections of Title 12, Vail Town Code, to define the term "time-share unit" and to replace the terms "timeshare estate unit," "fractional fee unit," and "timeshare license unit" with the term "time-share unit." The sole purpose of the proposed amendments to Title 12 is to remove conflicting provisions from the Town Code and to better describe similar land uses. The proposed amendments were not intended to alter any existing land use or development policies. Based upon the proposed amendments to Title 12, specifically the definition of "time-share unit," staff 4 also recommended deleting outdated sections of the Vail Town Code relating to disclosure and registration requirements of time-share projects. On September 12, 2005, the PEC unanimously recommended approval of the amendments to Title 12. However, the staff needed additional time complete Ordinance No. 24, Series 2005, which would implement the above-referenced changes. Mire recommended Council table the first reading of Ordinance No. 24, Series 2005, to the regular Council meeting on October 18, 2005. Moffet moved with Ruotolo seconding a motion to approve. The motion passed unanimously, 6-0. The tenth item on the agenda was the Town Manager's Report. There was nothing reported. The eleventh item on the agenda was Adjournment. Moffet moved with Ruotolo seconding a motion to adjourn at approximately 8:15 p.m. The motion passed unanimously, 6-0. Respectfully Submitted, ', ~~ ~ ~ J Rodney E. Slifer, Mayor ATTEST: ~N O F ~trgi .~ ~ ~ ~: SEAL Lorelei onaldson, Town Clerk Minutes provided by Carey Swisher. 5 ~-. if it Vail Town Council Special Meeting Minutes Tuesday, October 11, 2005 5:00 P.M. Vail Town Council Chambers Council Members Present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Kim Ruotolo Farrow Hitt Greg Moffet Kent Logan Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The Vail Town Council held a Public Hearing pursuant to Section 4.2 of the Town Charter, a special meeting of the Town Council, for the purpose of meeting with the Planning and Environmental Commission (PEC) to discuss the following: 1) Review roles of Council and PEC 2) Review what has worked and not worked in the development review process 3) Discuss Special Development District process 4) Identify ways to improve communication between the Council and PEC Mayor Slifer called the meeting to order at approximately 5:05 p.m. Community Development Director Russ Forrest began the discussion by stating many other municipalities were envious of Vail's progress in terms of successful redevelopment. Slifer emphasized the group's discussion should focus on, "What has worked and what hasn't." Council emphasized the need for joint conceptual reviews on large projects. PEC members requested clearer guidelines as related to Council's desire for project approval. Some members of Council stressed to the PEC that because the zoning may be outdated in some instances, it does not mean underlying zoning should be ignored while reviewing an SDD. PEC encouraged the continued use of digital imagery to assist in determining the size and mass of projects. Public benefit and precedent were also discussed. In comments from the audience, an observation was made that the town has a tired vision of the future and the review process needs to be updated to include impact fees. In addition, there was a comment from the audience that it is important to apply precedent to redevelopment applications during the review process. Slifer concluded the meeting by thanking the PEC for their hard work and dedication. Town Manager Stan Zemler summarized the meeting outcome as follows: --Communication between the two boards needs to improve. 1. Joint meetings will be held twice a year. ..,,,, 2. PEC should ask Council for specific direction when large project design standards are in question. Council should send clear direction to PEC when possible. 3. Projects that might have a significant impact in the community could involve a joint PEC/Town Council discussion. Staff will research how this can be accomplished while honoring the legal parameters. 4. Staff will follow-up with Council after the election concerning the formation of an Environmental Board as set forth in the Charter. Moffet moved to adjourn, with Cleveland seconding. The motion passed unanimously, 7-0 at approximately 6:35 p.m. Respectfully Submitted, - ~ -~ Rodney E. Slifer, Mayor ATTEST: OF ~q! i ~ 5~~ Lorelei Donaldson, Town Clerk ~ COLO~~ Minutes provided by Corey Swisher. 2 Vail Town Council Evening Meeting Minutes Tuesday, October 18, 2005 6:00 P.M. Vail Town Council Chambers Council Members Present: Rod Slifer, Mayor'' Dick Cleveland, Mayor Pro-Tem Diana Donovan Kim Ruotolo* Farrow Hitt Greg Moffet* Kent Logan Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney ''Ruotolo arrived at approximately, 6:15 p.m. Moffet arrived at approximately, 6:34 p.m. Slifer arrived at approximately, 6:35 p.m. Mayor Pro-Tem Dick Cleveland called the meeting to order at 6:05 p.m. The first item on the agenda was Citizen Input. Kaye Ferry, Executive Director of the Vail Chamber & Business Association (VCBA) announced a Vail Town Council candidates forum would be held at 6 p.m., 10.19.2005 at Donovan Pavilion. Merv Lapin, Conference Center Oversight Committee member, stated he was not willing to support the conference center. He outlined four primary concerns: 1. Price inflation of the project. 2. Architect/construction contractor ability to meet budget. 3. Little confidence with projections related to income and revenue. 4. Difficulty with the architecture of the project. Lapin went on to say, We are building a very expensive project at the wrong time...) think the project will have monetary shortfalls from day one...Without rooms (public accommodation units) it controls, the conference center will look less attractive to event planners...85% of potential conferences are covered by existing facilities...Do we really want to have conferences consisting of 2,000 to 3,000 people...) don't find the present architecture of the project attractive, and honestly find it to be an eyesore." Representing Citizens for Choice in Government, Peter Runyon provided an information presentation regarding Eagle County election measure 1A. Runyon suggested a county M home rule type of government provided many advantages over the current three commissioner form of government. Runyon reported three significant impacts: 1. Expand to five county commissioners. 2. Non-partisan elections. 3. Better geographic representation. He then outlined the four steps to Home Rule implementation: 1. Vote yes to authorize a home rule charter committee. 2. Vote for candidates to serve on the committee. 3. Elected committee then meets during a 240 day period to draft a charter. 4. Charter is voted on by all electors in Eagle County. Zemler clarified the commission was not locked into expanding the commission to five (any number deemed appropriate by the voters could be decided). See Resolution No. 18. The second item on the agenda was a review and recommendation of the Parking Task Force for 2005-2006 season. Public Works Director Greg Hall reviewed parking recommendations of the Parking Task Force and asked Council to approve parking policies for 2005-06. Council established the Parking Task Force to provide direction regarding parking operation policies for each year. The three areas in which the Task Force believed attention was warranted included the need to adjust the inequities of the shopper parking with the rates within the structure, address the price of the value passes to reflect the price increases from years past, and to address the increased demand of the construction workforce this season. The Parking Task Force recommended the following changes to the parking policies for the 2005-2006 season. All rates would remain consistent with the 2004-05 winter season with the exception of the following: 1. Provide two options for the shopper spaces - 0-2 hours for the $3 rate; or - 0-3 hours for $5 rate 2. Raise the price of the value pass which has remained constant for the last five years - Vail Status from $5 to $6 non peak and from $10 to $12 peak - Eagle County Status from $6 to $7 non peak and from $12 to $14 peak In recognition of increased demand during the week due to the construction workforce, it was recommended the town provide a construction company pass option. This pass would be allowed in LionsHead only, Monday to Thursday, when LionsHead typically has 300-400 available spaces. The pass would be restricted during the peak period of the holidays, Dec. 26 to Jan. 5. Sales of the pass would be limited to construction companies to be used by employees and subcontractors. Task Force member Cleveland stated the construction pass was a way to better utilize town facilities and maximize parking structure revenue. The construction pass would be $400 for the season. R.A. Nelson construction was reported to be currently preparing to operate shuttle buses for its employees from a lot in Minturn with Vail Resorts Development Company considering a similar option. Ruotolo expressed concern construction workers were receiving z preferential treatment with the $400 parking pass. Representing the VCBA, Kaye Ferry supported the recommendations. Moffet moved with Ruotolo seconding a motion to approve. The motion passed unanimously, 7-0. Slifer thanked Cleveland and Hitt for spending their time on the Task Force. The third item on the agenda was the first reading of Ordinance No. 24, Series of 2005, an ordinance deleting Title 4, Chapter 4, Articles A and B, Vail Town Code as they relate to time share disclosure and registration requirements; amending Title 12, Zoning Regulations, to clarify the time share regulations. On September 12, 2005, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the proposed amendments. Upon review of the amendments, the PEC voted 7-0-0 to forward a recommendation of approval of the request to the Vail Town Council. Moffet moved with Cleveland seconding a motion to approve. Mire answered a question brought forth by Donovan regarding the ordinance stating what fractional ownership is not. Mire clarified by attempting to state in town code, "what something is not would require listing `everything' fractional ownership is not." Hitt verified, "When you buy into a fractional fee club, you are buying into a club, not a titled property." Fractional fee clubs and fractional ownership are different uses. The motion passed unanimously, 7-0. The fourth item on the agenda was the second reading of Ordinance No. 22, Series 2005, an ordinance to adopt the 2006 Budget. Finance Director Judy Camp reported the budget proposal is the result of discussions throughout the summer and reflects the guidelines and philosophies developed by this council and previous councils. Revenue is budgeted conservatively. The Fund Balance in the General Fund remains above 35% of revenue during the time of redevelopment (47% in 2006). This proposal allocates 60% of the town's 4% general sales tax revenue to the General Fund and 40% to the Capital Projects Fund. Any allocation of less than 50% to the Capital Projects Fund requires a super majority vote. Moffet commended the Finance Department and the Town Manager for their hard work on the budget. Commenting on an item in the Capital Projects Budget for $965,000 for East Meadow Drive streetscape, he stated heating East Meadow Drive was a substantial increase in operating costs, which were previously estimated at $30,000 to $40,000 and would now be higher. He also stated concern about greenhouse gas effect because of snowmelt. Due to those concerns, Moffet said he would vote against the budget. Hitt asked to include funding for a coupon offering free parking on Wednesdays in the Vail Loves You Coupon book. He explained the books had not been mailed out last year limiting adequate and appropriate distribution. Vail Chamber and Business Association (VCBA) Executive Director Kaye Ferry explained the book would be mailed out by the book publisher this year. In 2004, $37,000 worth of parking coupons included in the Vail Coupon books was redeemed. Brandmeyer clarified there were to be five black out dates and the coupon would include an expiration date this year. Moffet questioned why the employee housing buy-down program funding was not included in the 2006 Capital Projects Budget. Zemler stated the program has not been used in prior years and the amount budgeted for 2006 would be rolled over. Since $10,000 had been spent for the Eagle County Down Payment Assistance Program in 2005, the amount to be rolled over was $190,000, which included $100,000 rolled from the 2004 budget and $90,000 from 2005. Moffet and Ruotolo stated the purpose of rolling the funds over in addition to new funding each year is to accumulate funds to purchase different types of housing inventory. Hitt asked if there was any tax benefit for free market owners to sell their house into a buy down program. Forrest stated only open space land contributions offered tax benefits to a seller. Council directed staff to include $100,000 in the 2006 Capital Projects Budget for the Buy-Down Program. Brandmeyer added parking had been requested from Battle Mountain High School Hockey for two days. Council would not support the request if it occurred on the Martin Luther King Holiday. In response to a question concerning use of the business license fee, Camp clarified the fees go into the Vail Marketing Fund and, per ordinance, are used for marketing only. In 2005 and 2006, funds available from business license fees would be disbursed through the Commission on Special Events (CSE). In previous years, other organizations were given funds from business license fees to provide marketing and special events. Council requested the Vail Marketing Fund be renamed to avoid confusion and Mire clarified there was no statutory obligation regarding the name, only the use of the fund. Moffet stated he wanted to eliminate a sense of entitlement to program recipients of the business license fees. Ruotolo moved for adoption of the budget with Logan seconding. The motion passed 6-1, with Moffet opposed because of the East Meadow Drive streetscape discussed above. Zemler publicly commended Finance Director Judy Camp and Budget Analyst Gina Davis for their exhaustive and meticulous work on the budget. He also thanked Brandmeyer for her efforts with the budget. The fifth item on the agenda was the second Reading of Ordinance No. 23, Series 2005, an ordinance repealing and reenacting Title 6, Chapter 3, Article I of the Municipal Code of the Town of Vail relating to restraining order violations. Since the Town of Vail's adoption and codification of its restraining order legislation in 2004, several of the Colorado Revised Statutes referenced and cited in the Town Code relating to restraining orders have been repealed by the Colorado General Assembly. As such, the restraining order prohibition as set forth in the Vail Town Code prohibition has been re-written to delete the repealed statutes. Cleveland moved with Moffet seconding a motion to approve. The motion passed unanimously, 7-0. The sixth item on the agenda was Resolution No. 11, Series 2005, a resolution supporting Referenda C and D, The Colorado Economic Recovery Plan. The Council is authorized, pursuant to C.R.S. § 1-45-117(1)(b)(III)(A) to pass a resolution taking a position of advocacy on a referred measure. Resolution No. 11 was such a resolution for consideration. Zemler stated revenues from Referendum D would allow bonding to occur for a significant amount of transportation projects. On I-70 near Vail Pass there would be an eastbound climbing lane project valued at $7,000,000 and I-70 at Dowd Junction would possibly realize $13,000,000 in renovations. He qualified it was difficult to immediately assess specific benefits potentially brought about by Referendum C. Representing the Vail Village Homeowners Association, Jim Lamont, asked why Council would not pass a resolution whether supporting/or not supporting the proposed Vail Conference Center. He then stated East Vail residents were concerned about the possible expansion (climbing lanes) of I-70 near Vail Pass. Moffet stated without C or D there would be no future transportation dollars available for mitigating anything (noise) on I-70. Bill Jewitt reiterated Lamont's comments regarding taking a stance on support for the conference center. Paul Rondeau stated he believed the operation of the conference center was within control of the town and Council should take a stance on it. Moffet moved to approve the resolution with Slifer seconding. Donovan then asked Council to take a stance on the conference center. Ruotolo, Logan and Donovan stated they did not believe it was appropriate for the Council to take a position on Referendums C and D. The resolution failed 2-5, with Slifer and Moffet voting in the affirmative. The seventh item on the agenda was Resolution No. 18, Support for Referendum 1a, the Home Rule Charter Commission. The Council is authorized, pursuant to C.R.S. § 1- S 45-117(1)(b)(III)(A) to pass a resolution taking a position of advocacy on a referred measure. Logan moved to approved with Donovan seconding. The motion passed unanimously, 6-0. Slifer was not present for the vote. The eighth item on the agenda was Resolution #19, Series 2005, authorizes the Town Manager to enter another five year contract with the Colorado Department of Transportation at a renegotiated amount. Public Works Director Greg Hall reported the town entered into a contract with the Colorado Department of Transportation on October 24, 2000, and took over maintenance services on the Frontage Roads between MM 172.2 to MM 180.3. The contract was a five year contract and was to expire on October 24, 2005. Moffet moved with Ruotolo seconding a motion to approve. Slifer clarified it was the renewal of a five-year contract. Cleveland verified the contract made "economic sense" and allowed the town to provide enhanced levels of service. Hitt stated the level of service provided by the town is exemplary as compared to the snow removal provided by the state. The motion passed unanimously, 7-0. Donovan made a motion to direct staff to draft a resolution opposing the conference center referendum. Hitt seconded the motion. The motion failed 3-4 with Donovan, Cleveland, Hitt voting in the affirmative. Moffet moved to direct staff to draft a resolution in support of the conference center referendum. Logan seconded the motion. The motion passed 4-3 with Donovan, Cleveland and Hitt opposed. The ninth item on the agenda was the Town Manager's Report. There was nothing to report. The tenth item on the agenda was Adjournment. Ruotolo moved with Moffet seconding a motion to adjourn at approximately 7:58 p.m. The motion passed unanimously, 7-0. l ,/ / ~~ ~ ~ ~ Rodney E. Slifer, Mayor ATTEST: fi! ~'~-C 1 ~o~N•OF•~4 ' ;SEAL Lorelei_D'onaldson, Town Clerk oa•.....ap: oR-- Minutes provided by Corey Swisher. C Vail Town Council Evening Meeting Minutes Tuesday, November 1, 2005 6:00 P.M. Vail Town Council Chambers Council Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Kim Ruotolo Farrow Hitt Greg Moffet Not Present: Kent Logan Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney Slifer called the meeting to order at approximately 6:05 p.m. The first item on the agenda was Citizen Input. There was none. The second item on the agenda was the Consent Agenda. Approval of 10.04.05, 10.11.05, and 10.18.05 Evening Session Minutes. Moffet moved to approve the minutes without amendments. Donovan seconded the motion. The motion passed unanimously, 6-0. Slifer thanked the sitting Council for their hard work and successes in many projects that have changed the face of Vail forever. Hitt stated over the past twenty months it had been an honor and a privilege to have served (on Council) with his fellow colleagues. The third item on the agenda was the I-70 Noise Mitigation Study Update. Public Works Director Greg Hall announced that since April 2004, Hankard Environmental Inc. had been under contract with the town to provide consulting services as part of a comprehensive effort to reduce the impact of traffic noise on I-70. Mike Hankard of Hankard Environmental, then presented the final report on the study and associated findings, specifically the results of modeling different barrier types (jersey barrier, berms, concrete walls) along the I-70 corridor, which generally showed typical concrete sound walls were not effective/recommended in aH areas. In the report were recommendations for quiet asphalt, continued traffic speed enforcement, noise barriers and mitigation education for affected properties. Town staff has begun to preliminarily examine the tunneling of I-70, and has met with Senator Allard to discuss possible discretionary funding for a pilot project using "quiet" asphalt, coordinated with Colorado Department of • Transportation (CDOT) on future sand storage berm locations, and worked with private property owners to expand the sand storage berms at the Bald Mountain location. CDOT is beginning an extensive noise study to follow up on the work it has already done. CDOT has also committed to a Stone Mastic Asphalt (SMA) mix design for the future I- 70 overlay through Vail to occur in 2007-2008. Research and testing conducted by CDOT and others show the SMA mix provides a one to four decibel reduction when compared to the standard super pave mix. CDOT is also beginning an Environmental Assessment (EA) for Vail Pass. Hankard stated he was optimistic in the effectiveness of quiet pavement. "We have good news on sustained results after seven years in California." Hankard addressed various sites throughout town that would be appropriate for potential sound walls or berms. Peter Kozinski, CDOT Lake and Eagle County resident engineer stated, "VNe are trying to determine how to minimize noise...You can't push snow over a four foot wall...First and foremost is the safety of the traveling public...Right now we are struggling to find the finances to keep the roads patched together." Hankard stated a three decibel decrease in noise is noticeable, five decibels is good, and ten decibels is excellent. Moffet asked Kozinski what the town could do to get CDOT's "attention" (in regard to noise mitigation policy and funding). Hankard and Public Works Director Greg Hall recommended new residential and commercial project approval needed to be sensitive to noise impacts of the highway. Hall discussed cut and cover and tunneling projects, noting there are larger projects of a similar nature located all over the world. Donovan questioned the carrying capacity of Vail if a cut and cover option was realistically pursued. Moffet suggested temporary jersey barriers be used in the summer to deter noise in sensitive areas. Donovan asked why CDOT would not incorporate more methods used in European countries. Hankard stated Europeans have . generally placed a higher value on noise reduction. Representing the Vail Village Homeowners Association, Jim Lamont stated Council was, "jabbering about the problem rather than just working on it...l have given the same message to the same body ten years ago about the beetle kill...There are solutions...This body has to make a commitment other than looking past your next term." Cleveland moved to direct staff to: a) Investigate if the town could regulate brake muffler effectiveness b) Investigate if the town could influence a reduction in the speed limit c) Investigate possible use of temporary barriers d) Continue the speed reduction campaign e) Increase efforts to enforce noise regulations on I-70 f) Continue to address noise mitigation as a major focus of the I-70 PEIS, and the proposed Vail Pass Environmental Assessment (EA) g) Continue to have the Town of Vail heavily involved with the I-70 corridor coalition h) Revisit installation of radar activated electronic message boards i) Continue to direct staff to work with CDOT to facilitate use of "quiet" asphalt in all future asphalt work in Vail j) Continue use of sand storage berms along I-70 in Vail and work to obtain approvals from private property owners to expand the sand storage berm project onto private properties, where feasible k) Continue to explore all forms of noise mitigation technology, including but not limited to, a cut/cover or relocation of I-70 The motion was seconded by Moffet. The motion passed unanimously, 6-0. 2 The fourth item on the agenda was an Intergovernmental Agreement between the Vail • Park and Recreation District (VRD) (the "District") and the Town of Vail (the "Town") for financing of ADA remediation for buildings owned by the town and operated the VRD Town Attorney Matt Mire announced that as a result of agreements between the 1) the VRD and the U.S. Justice Department; and 2) the town and U.S. Justice Department, related to ADA compliance at town owned and District leased facilities, the Town and the district have agreed to jointly finance the ADA remediation. This Agreement memorialized the previous understanding between the district and the town to share equally in the total remediation cost. Moffet moved and Ruotolo seconded a motion to direct the Town Manager to enter into the agreement. Donovan clarified the agreement only applied to ADA compliance. The motion passed unanimously, 6-0. The fifth item on the agenda was the selection of Art in Public Places (AIPP) Trash Cans. Art in Public Places Coordinator Leslie Fordham reported the AIPP board developed a unique, high quality waste receptacle for Vail. The prototype can is made from 12 gauge steel, with two oversized pine cones plasma cut into the metal side panels. It is finished with a baked on powder coat and a protective clear coat of paint. The new trash receptacle is approximately the same size as the can currently made in the TOV carpenter's shop. An internal cigarette butt receptacle can be added. The Public Works Department reported metal trash cans would not require as much maintenance as wood, currently costing the town approximately $150 per year to repair and refinish. AIPP recommended the Public Works Department place an initial order for twenty trash cans for Vail Village. Fordham reported the cost would be $1,285 per'can to purchase 20 of them. Moffet clarified the purchase had been budgeted in the streetscape project. Ten percent of the budget would go to trash cans. Slifer recommended the AIPP board seek competitive bids to fabricate the cans. Cleveland moved to approve the design and to use competitive bids to determine the fabricator. Moffet seconded the motion. The motion passed unanimously, 6-0. The sixth item on the agenda was the Second reading of Ordinance No. 24, Series of 2005, an ordinance deleting Title 4, Chapter 4, Articles A and B, Vail Town Code as they relate to time share disclosure and registration requirements; amending Title 12, Zoning Regulations, Section 12-2-2, Definitions, Section 12-6H-3, Conditional Uses, High Density Multiple-family Zone District; Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, LionsHead Mixed Use 1 Zone District; Section 12-10- 10, Parking Requirements Schedules; Section 12-16-7(A)(8) Use Specific Criteria and Standards; Title 13, Subdivision Regulations, Section 13-2-2 Definitions, for proposed amendments. Town Attorney Matt Mire reported on September 12, 2005, the Town of Vail PEC held a public hearing on the proposed amendments. Upon review of the amendments, the PEC voted 7-0-0 to forward a recommendation of approval of the request to the Vail Town Council. On October 18, 2005, Council approved Ordinance No. 24, Series of 2005, on first reading. Moffet moved with Ruotolo seconding a motion to approve the ordinance. Chief Planner George Ruther explained the difference between a dwelling unit and accommodation unit. The motion passed unanimously, 6-0. The seventh item on the agenda was Resolution 20, Series of 2005: Town Council Resolution Supporting Question 1 in the Vail Municipal Election on November 8, 2005 Community Development Director Russ Forrest reported at the September 20, 2005, Town Council meeting, Council directed staff to prepare a resolution endorsing the approval of Question 1 in the Vail Municipal Election set for November 8, 2005, related to the Vail Conference Center. During the public comment portion of the discussion, former Councilmember Chuck Ogilby asked Cleveland, Donovan and Hitt to envision the conference center not as a stand alone project, but rather, as only one piece of the "Vail Renaissance." Rob Levine, Antlers at Vail manager and Vail Valley Chamber & Tourism Bureau board member, said, "Almost half of Vail's lodging revenue in 2004 came from group business...that percentage of lodging revenue represents 19% of lodging revenue for the entire year." Paul Rondeau stated he was disappointed the Conference Center Oversight Committee (CCOC) did not play a larger role in the public process, and he felt a final report from the committee was missing. "It was almost like a stealth group." Council candidate Robert Aikens, Verbatim Booksellers, asked for Council to support the conference center. Tom Steinberg spoke against the conference center as the town should instead focus on more special events. "Government should not be competing with private industry within the town." Carol Allman, Galatyn Lodge, commended the council members who disagreed with the conference center. She encouraged Council to pay for the conference center through a general sales tax increase. "If you have to have it, find some equitable way to pay for it." Luc Meyer, Left Bank restaurant, stated he believed private industry should join together and finance the center. "Why does the town always want to borrow money...as a business man, I work hard, save money, and then I pay for things." Stan Cope, CCOC member, commented that only nine or ten lodges in Vail have any meaningful meeting space. `The town lodging community is grossly underperforming." Bob Fritch, Sitzmark Lodge owner, inquired about what entity would be ultimately responsible for repayment of the bonds in the event of default. Representing the town, attorney Dee Wisor explained, the lodging tax would be responsible...and if a default would occur, it may be difficult to access credit markets." Donovan stated she was concerned about an operating cost deficit. Wisor stated the town would be ultimately responsible for the costs. Joe Staufer expressed concern over the town's lodging tax rate. Representing the Vail Village Homeowners Association, Jim Lamont said, "Our association feels this particular project is ill advised and I, myself, will vote no." Rick Scalpello, CCOC member, asked why private interests would not want to invest in the conference center. Pam Stenmark, Evergreen Lodge part-owner/manager, Jim Feldhaus of Colorado Mountain Express, Wolfgang Triebnig, the Lodge at Vail, and David Gorsuch, Gorsuch retail, spoke in support of the conference center. During Council discussion, Moffet said the town did not have the political will to allow a private developer to build a conference center. Cleveland explained escalating costs were his primary reason for voting against the conference center. "Parking, housing, and ability to build next to the frontage road, there are a lot of unanswered questions...one of my concerns is why we have to build this project right now...this could spiral out of control and we have seen projects sit vacant in this valley for ten years." Donovan referred to lost opportunities, and questioned starting the process in the "middle." Moffet moved with Ruotolo seconding a motion to approve the resolution. The motion did not carry with a 3-3 vote. Moffet, Ruotolo and Slifer voted in favor and Hitt, Donovan and Cleveland opposed. The eighth item on the agenda was Resolution No. 21, Series of 2005, a resolution amending the Vail Village Urban Design Guide Plan to allow for changes to the Architectural/Landscaping considerations for colors. On October 19, 2005, the Design Review Board voted 4-0-1 to forward a recommendation of approval to the Town Council and PEC to amend the Vail Village Urban Design Guide Plan to allow for changes to the Architectural/Landscaping considerations for colors. On October 24, 2005, the PEC voted 7-0-0 to forward a recommendation of approval to Council to amend the Vail Village Urban Design Guide Plan to allow for changes to the Architectural/Landscaping 4 considerations for colors. Moffet moved with Hitt seconding a motion to approve. The motion passed unanimously, 6-0. The ninth item on the agenda was the Town Manager's Report. - Vail Valley Athlete Commission Brandmeyer explained the Vail Valley Athlete Commission partners were: Beaver Creek Resort Company, Town of Vail, Vail Resorts, and the Vail Valley Foundation. Recipients are as follows: Nathan Asoian, $2,500; Clair Bidez, $1,500; Dylan Bidez, $1,500; Kevin Hochtl, $750; Stacia Hookom, $2,500; Julia Littman, $3,000; Rachel Nelson, $1,500; Eden Serina, $2,500; Josh Sherman, $1,500; and Jonathan Stevens, $750. - Dobson Schedule and Operating Costs Brandmeyer explained special event programming for Dobson Ice Arena, in 2005. The following four performances have been scheduled: December 10 and 11 311 December 27 and 28 String Cheese Incident Four dates in March 2006 have been placed "on hold" for special events/concerts; however, the acts have not currently been booked. VRD staff has a commitment with Resort Entertainment to book seven special events at the arena in 2006. - Proposed Council Retreat Zemler explained in order to provide preparation time prior to the town-wide community meeting scheduled for Thursday, January 12, 2006, staff would like Council feedback on setting Friday, December 16, for the Council retreat. Given the timing of the election, the subsequent "swearing in" of the newly elected Council members on November 15, allowing for the holidays, and after having gathered input from the focus groups, staff believes this will still provide an opportunity to assemble materials and an agenda based on Council input for the upcoming community meeting. Council members indicated the 16th was too close to the holidays and would need to be rescheduled. The tenth item on the agenda was Adjournment. Moffet moved with Ruotolo seconding a motion to adjourn. The motion passed unanimously, 6-O.The meeting was adjourned at approximately, 9:00 p.m. Respectfully Submitted, ~s~~ Rodney E. Slifer, Mayor ATTEST: 5 ;~ .~ ~..- Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. ~a ~'F•~' ,~~ . ~. ~- r. =.J coi:o~~~ /) 6 w Vail Town Council Organizational Meeting Minutes Tuesday, November 15, 2005 6:00 P.M. Vail Town Council Chambers Council Members present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kim Ruotolo Kent Logan Greg Moffet Kevin Foley Mark Gordon Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney Slifer called the meeting to order at approximately 6:03 p.m. The first item on the agenda was the newly elected Council member swearing in. Mark Gordon, Kevin Foley, Greg Moffet, and Farrow Hitt were asked to stand and raise their right hands as Town Clerk Lorelei Donaldson administered the oath. Gordon and Hitt will serve four year terms, Moffet will serve a two year term due to term limits and Foley will serve a two year term. The second item on the agenda was the Town Organizational Meeting: As per Section 3.3 - 3.4 of the Vail Town Charter. Selection of Mayor/Mayor Pro-Tem: Ruotolo moved Slifer be elected Mayor of the Town of Vail for a two year term which would end at the organizational meeting held by the Council after the regular municipal election in November, 2007. Logan seconded the motion. Foley applauded Slifer for his previous years of service. The motion passed unanimously, 7-0. Logan moved Farrow Hitt be elected Mayor Pro-tem of the Town of Vail for a two year term which would end at the organizational meeting held by the Council after the regular municipal election in November, 2007. Ruotolo seconded. The motion passed unanimously, 7-0. Moffet moved Buck Allen be appointed Municipal Judge with Ruotolo seconding the motion. The motion passed unanimously, 7-0. Foley also thanked Allen for his service with the town. Allen thanked Council for their confidence in his ability to administer the laws of the town. The third item on the agenda was Citizen Input. • Logan shared his observations about the election and the current state of the town, in which he used the words "change and continuity" to explain the change of pace of character taking place in the town. Logan expressed a need to forge a strategic vision in order to build a bridge between the business community and the town. Logan also expressed a need to foster better relationships with the Vail Recreation District. Slifer thanked all of the candidates for running in the recent election. Hitt welcomed the newly elected Council members. He also thanked Robert Aikens for his election campaign. The fourth item on the agenda was the Planning & Environmental Commission (PEC) / Design Review Board (DRB) Update. During a review of the most recent meetings of the PEC and DRB, Chief Planner George Ruther answered questions regarding the latest proposals to go before the two boards. Ruther fielded questions regarding the Marriott Residence Inn kitchen proposal (currently the Roost). The fifth item on the agenda was a Proclamation honoring former Council members Diana Donovan and Dick Cleveland. Moffet moved to approve the proclamation with Gordon seconding. Slifer stated Cleveland, who was in attendance, was the best prepared Council person he had ever served with. Ruotolo stated, "Cleveland governed with integrity, humor, caring and compassion." Hitt called the question as Slifer shook Cleveland's hand. The motion passed unanimously, 7-0. Donovan was not in attendance. The sixth 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 Representing Vail Resorts, Jay Peterson requested the ordinance be withdrawn. Town Attorney Matt Mire subsequently confirmed the item required no Council action. Gordon asked if the Cascade Way ski path would remain open. Peterson was unable to answer. The seventh item on the agenda was the First Reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No. 22, Grand Traverse. On September 26, 2005, the town PEC held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross Residential Floor Area limitations within the Grand Traverse residential development. Upon review of the request, the PEC voted 4-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 22, Grand traverse, to Council. On October 18, 2005, Council held a work session regarding the applicant's proposal. Staff was directed to compile additional information and the application was tabled to November 15, 2005. The Community Development Department recommended Council table Ordinance No. 25, until December 6, 2005. Moffet moved to table the item with Foley seconding. The motion passed unanimously, 7-0. The eighth item on the agenda was the First Reading of Mill Levy Certification, Ordinance No. 26, Series of 2005. Mill Levy Assessments must be certified to the County for collection annually; this ordinance authorized certification. The numbers provided were only an estimate. Staff indicated they were waiting for current information • from Eagle County for accurate numbers. Moffet moved to pass the ordinance with Ruotolo seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was an Information Update. Gordon informed Council he would be able to attend the upcoming Eagle County Transportation Meeting. Assistant Town Manager Pam Brandmeyer asked if Council agreed to recommend to the County Commissioners the reappointment of Andy Wiessner to the Eagle County Open Space Advisory Committee. Council confirmed the recommendation. Town Manager Stan Zemler stated he thought it would be more conducive to planning the January 12 community meeting if the Council retreat could be rescheduled to December 16. Council approved. The tenth item on the agenda was Matters from Mayor & Council. Foley stated he was concerned with LionsHead and the way it looks. He said, "I am disappointed with the town and Vail Resorts Development Company...lt saddens me we were so ill prepared for the ski season coming on." Zemler stated he would be meeting with Vail Resorts executives Adam Aaron and Bill Jenson to resolve the matter. Hitt also stated, "The LionsHead area looks horribte...l worked out the Development Improvement Agreement for the Arrabelle and this is not what we (the town) agreed to." He also • expressed concern about the visual aesthetics of a chain link fence adjacent to the Montaneros building. Public Works Director Greg Hall stated over the next two days clean up at LionsHead would be extensive. Moffet stated he would like to continue representing the town on the I-70 Corridor Coalition Board. The eleventh item on the agenda was the Town Manager's Report. Nothing was reported. The twelfth item on the agenda was Adjournment. Moffet moved to adjourn with Logan seconding at approximately 6:45 p.m. The motion passed unanimously, 7-0. Respectfully Submitted, s~.~ ~~. Rodney E. Slifer, Mayor ATTEST: 3 ~; ~/ Lorelei Donaldson, own Clerk Minutes provided by Corey Swisher. Jai F>~: Vail Town Council Meeting Minutes Tuesday, December 6, 2005 6:00 P.M. Vail Town Council Chambers Council Members Present: Rod Slifer, Mayor Mark Gordon Kevin Foley Kim Ruotolo Farrow Hitt Greg Moffet Kent Logan Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney Slifer called the meeting to order at approximately 6:08 p.m. The first item on the agenda was recognition of Diana Donovan by proclamation for her years of service as a Vail Council Member. Ruotolo declared no one was more dedicated to the town than Donovan. Logan explained the town owed a great debt of gratitude for Donovan's efforts. Hitt also thanked Donovan for her invaluable service. The second item on the agenda was Citizen Input. Gwen Scalpello complemented the public works people for the decorations in the roundabout, and "Our guests will be very impressed when they come for Christmas." Joseph Staufer said building a West Vail fire station is a "debt of honor." He also said the lodging community should be consulted regarding the use of the conference center lodging tax proceeds. The third item on the agenda was a approval of 11.01.05 and 11.15.05 Evening Session Minutes. Moffet moved to approve the 11.01.05 minutes with Ruotolo seconding. The passed unanimously, 5-0. Gordon and Foley abstained as they were not on Council at the time of the meeting. Moffet moved to approve the 11.05.05 minutes with Foley seconding. The motion passed unanimously, 7-0. The fourth item on the agenda was consideration of a Brochure Rack Fee for Visitor Information Centers by vendors who do not otherwise hold a valid Town of Vail Business License. In October 2005, Council directed staff to pursue a brochure rack fee to be used in the Visitor Information Centers to promote activities by vendors who do not otherwise hold a valid Town of Vail business license. The direction was given after Council identified a larger need to provide equity for vendors doing business within the town. This is because the town business license requirement excludes businesses located outside the town from obtaining a Vail business license. To rectify this circumstance, Town Attorney Matt Mire suggested preparing a question for the November 2006 ballot to require business licenses for all vendors who conduct business within the town. While noting the equity issue is much larger than the business conducted through the Visitor Information Centers, Council has asked to pursue a vendor brochure rack fee to provide equity for vendors represented within the Visitor Information Centers as an interim measure. There are currently 33 vendors doing business in the Visitor Information Centers who do not have a Vail business license. The Town of Vail has the authority to implement a rack fee as an administrative action, so long as the revenues from the rack fees are used to assist in operation of the Centers. While a vendor brochure fee would, indeed, provide equity to those businesses that use the Visitor Information Centers, there is the possibility that a fee would discourage vendors from supplying their materials to the centers. This could possibly limit the variety of activities and amenities promoted by the Visitor Information Centers. In providing direction to the staff, Council was asked to consider the importance of providing equity to Vail's businesses while balancing an equally important role to promote a variety of activities and amenities to Vail's guests. Public Information Officer Suzanne Silverthorne stated she believed the proposed rates were equitable. Assistant Town Manager Pam Brandmeyer clarified business licenses started at $325 per year with restaurant and hotel licenses varying as they based on number of beds or chairs. Bob Banks, Visitor Center Operator, stated rates coincided with those charged in the Eagle County Airport. Tom Bacchus owner of Four Eagle Ranch, stated he did not pay a rack fee anywhere. "Don't succumb to the narrow vision of Vail only." Jim Feldhouse, Colorado Mountain Express said, "I believe paying a fee brings equity to all of the vendors." Ruotolo clarified this was limited only to businesses to those who offer services not offered in the town of Vail. Moffet encouraged Feldhouse to sponsor legislation county-wide. Moffet moved to implement the proposed brochure rack fee for those vendors who do not hold a valid Vail business license. Foley seconded the motion. Mire stated the collected fees would subsidize the operational costs of the centers. 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 reconfigure private improvements on Town of Vail property. Planner I Elizabeth Eckel reported Sweet Basil Restaurant was in the process of undergoing design review of an application to reconfigure the existing outdoor patio at the southeast elevation of the Gore Creek Plaza Building. The area proposed for reconfiguration consisted of approximately eighty four (84) square feet and is located upon the town's right- of-way at Gore Creek Drive. Since Sweet Basil/Gore Creek Plaza Building is proposing to alter improvements upon Town of Vail property, the Town Council, as the property owner, had to grant the applicant permission to proceed through the development review processes. Moffet moved with Ruotolo seconding a motion to approve. The motion passed unanimously, 7-0. The sixth item on the agenda was Election Commission Appointments for the Town of Vail. The election commission consists of the town clerk and two qualified and registered electors of the town, who during their term of office shall not be town officers or employees or candidates or nominees for elective town office. These two members shall be appointed by the council in the first regular meeting following a regular town election, for a term of two (2) years and shall serve without compensation. The town clerk shall be chairman. The election commission shall have charge of all activities and duties required 2 of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the election commission may require proof of residency by any person registered to vote or attempting to register to vote in the Town of Vail. Said person shall not be qualified to vote in any municipal election until the election commission is satisfied that he/she has presented sufficient proof of residency as required by law or ordinance adopted pursuant to this Charter. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns and for the issuance of appropriate certificates. The Town Clerk is requesting the Town Council to appoint Vi Brown and Summer Holm to the Election Commission of the Town of Vail, to serve from November 2005 to November, 2007. Moffet moved with Foley seconding. The motion passed unanimously, 7-0. Moffet and Foley thanked both for their service, as well as all the current election judges. Slifer asked if town voting machines needed to be replaced. Voting machines are currently rented from Ealgel County and are in compliance with state and federal regulations. The seventh item on the agenda was Council Committee Appointments a. Northwest Colorado Council of Governments Board: Slifer. b. Water Quality/Quantity Committee/NWCCOG Member. Chuck Ogilby. c. Colorado Association of Ski Towns (CAST) Member and Alternate. Slifer and Town Manager Zemler. d. Vail Recreation District/Town Council Subcommittee Brandmeyer. e. Commission on Special Events (CSE). Brandmeyer. f. Bravo! Vail Valley Music Festival. Hitt. g. Town of Vail Housing Authority. Ruotolo. h. Channel 5 Vail Valley Community Television Board. Mark Gordon i. Art in Public Places (AIPP) Logan. j. Mauri Nottingham Environmental Award. Hitt. k. Vail Valley Exchange/Sister Cities. Ruotolo. I. Eagle County Regional Transportation Authority. Foley. m. Ford Park Management Plan. Brandmeyer. n. Open Space/Charter Committee. Gordon. o. Colorado Ski Museum and Ski Hall of Fame. Police Chief Dwight Henninger. q. Vail Youth Recognition/Ambassador Award. Ruotolo. r. Vail Alpine Garden Foundation Board (VAGF). Brandmeyer. s. I-70 PEIS ( Programmatic Environmental Impact Study) / I-70 Coalition / Transportation. Zemler, Moffet, Greg Hall t. Vail Local Marketing District Advisory Committee (VLMDAC). Moffet with Gordon shadowing. u. Parking Task Force. Foley and Hitt. 4 v. Eagle County Capital Projects Advisory Board. Slifer with Hitt as alternate. w. Eagle Valley Child Care Association. Kim Ruotolo. x. Rural Resorts Region. Moffet. y. Donovan Park Pavilion Committee. Diana Donovan. z. Timber Ridge affordable housing Corporation (TRAHC) Timber Ridge Affordable Housing Corporation (TRAHC) in a Colorado non-profit corporation incorporated on July 9, 2003. TRAHC is governed by a Board of Directors, originally comprised of all members of the Town Council. On March 1, 2005, the Board amended TRAHC's by-laws to name a new Board comprised of the following staff: Town Manager (President); Director of Finance; Director of Community Development; Director of Public Works; and Facilities Manager. The TRAHC Board is responsible for managing the process to redevelop the property known as Timber Ridge Village Apartments and to direct the operation of the property until such time as redevelopment begins. aa. West Vail Planning Committee Ruotolo and Logan. bb. Visitor Center Sub-Committee Although a new contract began w/the operator October 1, the subcommittee will remain a standing committee to conduct a six month performance review in March 2006 and to deal w/any issues as they arise. Kim Ruotolo, Farrow Hitt, Stan Zemler, Suzanne Silverthorn, and Krista Miller have served on this committee. cc. Timber Ridge Redevelopment Subcommittee Logan and Moffet. dd. West LionsHead Village Sub-committee Hitt and Logan. Moffet moved to approve the aforementioned appointments with Logan seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was an Intergovernmental Agreement (IGA) with Eagle County to provide animal control services. This item renewed an annual agreement with the County to provide animal control services to the town. Foley clarified the town was receiving quality service. Moffet moved with Gordon seconding a motion to approve. The motion passed unanimously, 7-0. The eighth item on the agenda was an appeal of the Town of Vail Design Review Board's denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7. Foley moved to table the item until January 3, 2006 with Moffet seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was First Reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No. 22, Grand Traverse. On September 26, 2005, the PEC held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross Residential Floor Area (GRFA) limitations within the Grand Traverse residential development. Upon review of the request, the PEC voted 4-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 22, Grand traverse, to the Vail Town Council. On November 15, 2005, Council tabled the first reading of Ordinance 25, Series of 2005, to December 6, 2005. Senior Planner Warren Campbell verified the subdivision contained six attached employee housing units. Gordon clarified a 500 square foot total increase in GRFA among 23 lots. Hitt stated he liked what Dauphinias was attempting to do, but was afraid to set precedent over time. Forrest stated GRFA is a difficult thing to implement and was cumbersome for developers to understand. Forrest said, "It's more complicated than its needs to be." Slifer commented, "GRFA has gotten out of hand...any regulation should not be that complicated." "Any regulation that is that complicated in onerous...our system is so broken its ridiculous," explained Moffet. He then moved to approve the ordinance with Ruotolo seconding. Dauphinais, president of the Grand Traverse Homeowner's Association, stated town staff were wonderful and they were right to help bring this proposal through. Hitt asked if a neighborhood association was more important than an individual home owner. Hitt expressed concern over setting precedent. Gordon commented, "It seems to be a safe way to determine if this is going to work, in a controlled environment, what's wrong with moving forward with this to make the lives of our constituents better." Campbell confirmed that required roof pitches controlled any potential "big box" type of houses filling up the building envelope. PEC Member Bill Jewitt believed, "This is an excellent opportunity to see what happens when GRFA is eliminated... If you never try, you will never know." The motion passed 5-2 with Foley and Hitt opposed. The tenth item on the agenda was First reading of Ordinance 27, Series of 2005 an ordinance repealing Ordinance No. 32, series of 2002 and rescinding a public accommodation tax; providing amendments to the town's sales tax. At the town's regular municipal election held on November 8, 2005, the voters did not approve Question 1, resulting in termination, effective January 1, 2006, of collection of the sales and lodging tax increases implemented pursuant to 2002 Question 2D. A future action of the Council will be required to determine a refund methodology of the remaining funds 6 or a question may be submitted to the voters on how such revenues shall be used. Mire stated this would eliminate the Public Accomodation tax. Moffet moved to pass the ordinance with Foley seconding. The motion passed unanimously, 7-0. Slifer stated the ordinance would eliminate the collection of the conference center lodging sales tax. Mire clarified the tax would officially be rescinded on January 1, 2006. The eleventh item on the agenda was Ordinance No. 28, Series of 2005, An ordinance making supplemental appropriations s to the town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund (RETT), Conference Center Fund, Health Insurance Fund, and Dispatch Services Fund of the 2005 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth. Moffet moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. Logan mentioned expected sales tax dollars were one million more than budget and that those funds would be added to the capital projects budget. The twelfth item on the agenda was First Reading of Ordinance No. 30, Series of 2005, an ordinance repealing Ordinance No. 1, Series of 1990, Special Development District No. 14, Doubletree Hotel (aka Evergreen Lodge) and amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 2, Block 1, Vail LionsHead 2"~ Filing, from High-Density Multiple Family (HDMF) district to LionsHead Mixed Use - 1 (LMU-1) district. Ruther explained on September 6, 2005, the Vail Town Council approved Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the master plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the LionsHead Redevelopment Master Plan. However, in approving Resolution No. 15, the Town Council placed a condition upon the approval stating that the resolution shall only become effective upon the approval of an amending ordinance rezoning the Evergreen Lodge development site to LionsHead Mixed Use-1 (LMU-1) district. On November 14, 2005, the PEC held a public hearing on the request to rezone the Evergreen Lodge development. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council. Project owner TJ Brink said, `The intent is to leave the tower and take the red roof portion and rebuild that area." Representing the Vail Village Homeowner's Association, Jim Lamont stated he was not pleased with the way the ordinance was presented by staff. "I am concerned the proposed property would overwhelm the neighboring properties." During a pause for public comment Gray Davis said he believed the project needed more than regular hotel amenities. Gwen Scalpello stated she was concerned about the proposal as LionsHead zoning is very urban. Hitt clarified there would be a development improvement agreement. Gordon asked the price point of the hotel rooms. Brink stated he was not looking at a five star property. Moffet moved to adopt the ordinance with Logan seconding. The motion passed unanimously, 7- 0. The thirteenth item on the agenda was First Reading of Ordinance No. 31, Series 2005. Annual appropriation ordinance: Adopting a budget and financial plan and making appropriations to pay the cost, expenses, and liabilities of The Town of Vail, Colorado, Conference Center Fund for the fiscal year January 1, 2006 through December 31, 2006. Moffet moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. The fourteenth item on the agenda was Second Reading of the Mill Levy Certification, Ordinance No. 26, Series 2005. Mill Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. Moffet moved to approve the ordinance with Rutolo seconding. The motion passed unanimously, 7-0. The fifteenth item on the agenda was Resolution No. 22, Series of 2005. Opposition to proposed mining exploration legislation, Opposition to House BiII 4241. Zemler explained House Bill 4241 would eliminate an existing requirement requiring proof that lands being patented for mining claims have mineral that will actually be mined. This would jeopardize thousands of acres of Colorado wilderness. Hitt moved to approve with Moffet seconding. The motion passed unanimously, 7-0. The sixteenth item on the agenda was theTown Manager's Report. - '05 Fly Vail Summer Funding Results. Brandmeyer explained the town had pledged up to $10,000 for '05 summer air service, of which the town's proportionate share of the shortfall would be $3,631.53. This is the first year in the life of the program partners other than Eagle County have needed to contribute actual dollars. In addition to the $3,600, Council also contributed a $1,000 administrative fee. In '06 through Council contributions, Council agreed to contribute $1,200 as an administrative fee, and additionally, have pledged up to $10,000 to support any shortfall. "The Regional Air Council feels the program was a success." - Visitor Information Centers Update. Zemler reported a seamless transition to private operation of the Vail information centers. - Bicycle Event Support. Zemler explained there had been recent legislation limiting the number of riders in organized bicycle events. The legislation was reported to have reached a roadblock and Zemler stated he would return with updates. Gordon asked if a $100,000 repayment from Vail Local Marketing District to the town could be added to the Commission on Special Events budget as he believed the board was underfunded. The seventeenth item on the agenda was Adjournment. Moffet moved to adjourn with Logan seconding at approximately 8:48 p.m. The motion passed unanimously, 7-0. Respectfully Submitted, ~ ~ ~~ ~ ~ ~~ Rodney E. Slifer, Mayor ATTEST: ~~~~ s ~o~~ Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. O VAIC ~~~ -: e. ~' ti Q- • .~, i c~ •o •o ,. ~ •..~~~ Vail Town Council Meeting Minutes Tuesday, December 20, 2005 6:00 P.M. Vail Town Council Chambers Council Members Present: Rod Slifer, Mayor Kevin Foley Mark Gordon Kim Ruotolo Farrow Hitt Greg Moffet Kent Logan Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney Representing the East Meadow Drive Business Association, Reyla Kundolf greeted the Council with samples of hot chocolate and used the occasion to invite the community to participate in the various holiday activities underway in the neighborhood. Santa also stopped by to deliver gifts and spread some good cheer. The first item on the agenda was Citizen Recognition. In June of 2005, eight-year-old Hunter Fahrmeyer called 911 in Eagle County for his mother who was suffering from an allergic reaction to medication. Hunter's quick thinking and his ability to calmly and accurately present the requested information to the 911 dispatcher helped to save his mom's life. At this award presentation, the President of the Colorado National Emergency Numbers Association (NENA) and Paul Smith from the Vail Public Safety Communications Center presented Hunter with a 911 Hero's Award. Also, it was announced that Charley Erickson, the dispatcher who took Hunter's call, had been named Colorado 911 Hero Dispatcher of the year. The second item on the agenda was the Vail Valley Exchange Award Recipients and Visiting Exchange Member Introduction. Scott O'Connell, president of the Vail Valley Exchange, recognized the 2006 Vail Valley Exchange Award Recipients. He also announced eight Australian racers from the Mt. Buller Ski Team would be participating in the Ski Club Vail program for three-and-a-half weeks in January of 2006. The award recipients are Bianca Gordon and Kelsey Ferguson, both from Vail Mountain School; and Damien Jewell, Benalla, Victoria Australia as well as Brodie Galbraith, Mansfield, Victoria Australia. The third item on the agenda was Citizen Participation. John Cochran, representing the Sonnenalp Resort, asked Council to consider an amendment to the town code that would allow use of electric carts on Vail Road to satisfy guest service needs. The matter was referred to town staff. The fourth item on the agenda was appointment to the Local Licensing Authority (LLA). There was one vacancy on the LLA due to Kevin Foley being elected to Town Council. The town received three applications for the vacancy. Council interviewed the applicants at the work session and then made the appointment at the evening meeting. The applicants were: Mike Arnett, Dick Cleveland and Danny Padnick. Hitt moved to appoint Cleveland to the LLA with Foley seconding the motion. The motion passed unanimously, 7-0. Appointments were also made to the Commission on Special Events (CSE). Appointments were made to the CSE from among the following 11 applicants: Robert H. Aikens, Stephen Connolly, Todd Gerhke, Mike Griffin, Clint Huber, Joe Joyce, Barbara May, Danny Padnick, Bryant Routh, Scott Stoughton and Steven E. Kaufman. Hitt moved to appoint Aikens, Connolly, Huber and Stoughton with Foley seconding. The motion passed unanimously, 7-0. The fifth item on the agenda was a Seibert Circle Design Update. Project Manager Todd Oppenheimer asked Council to review a design for the Seibert Circle streetscape feature as presented by Wenk Associates and to take action to approve or deny the design, or direct staff to hire an additional design team member (WET Design) to enhance the design for resubmittal and evaluation by the Council. At the April 5, 2005, meeting, Council approved a recommendation by the streetscape Design Committee to develop a new design concept for Seibert Circle. The budget for the complete redesign and reconstruction of Seibert Circle was set at $1,134,000. Subsequent to that approval, the Moroles sculptures were placed in storage and infrastructure and paving improvements were completed during this past fall's construction period. Approximately $350,000 of the allocated funds remain for construction of a central feature. Several design concepts had been created by the project design team and reviewed by the Seibert Circle Design Committee before it was disbanded following the November election, according to Oppenheimer. The final direction by the Council streetscape Committee was to move forward with a natural landscape design concept. The natural design concept is a streetscape feature rather than an art feature. Council members viewed a presentation from Wenk Associations with illustrations of the proposed landscape design. They also heard from Ron Riley, owner of the commercial space within the Bridge Street Lodge, who personally contacted WET Design and brought them to Vail, at his expense, to review the site and discuss an alternative project. "They would be able to produce something very eye catching and a little out of the ordinary...We've known for a long time we do could a lot better out there." WET Design, based in Los Angeles, is aworld-renowned water feature design firm. Their list of projects includes the cauldron for the Salt Lake 2002 Winter Olympics and the Fountains of Bellagio in Las Vegas. While the staff recommendation was to move forward with the landscape design, the Council majority expressed interest in learning more about the alternative collaborative effort between Wenk Associates and WET Design. The collaborative effort, proposed at $35,000, would include at least three alternative designs with estimated construction costs for each. Gordon discouraged avalue-engineering approach to the project and suggested asking the part-time resident community for funding support. Ruotolo asked how much Wenk Associates had been paid for design fees. Oppenheimer answered around $76,000 for several different aspects of the project, including 2 engineering. Alan Kosloff of the Vail Village Homeowner's Association encouraged the Council to take time to explore concepts with WET Design, noting his familiarity with the firm's reputation for extraordinary work. Sybill Navas, speaking on behalf of the Commission on Special Events, asked Council to consider special event space when making their decision as these venues are slowly disappearing in Vail Village. Moffet moved to direct staff to engage WET design in a collaborative effort with Wenk and Associates for an amount not to exceed $35,000 to produce conceptual designs for the Seibert Circle streetscape project. Gordon seconded the motion. Logan said he did not think the town would compromise itself by deciding to use WET Design. Hitt said he would like to see what WET Design could bring to the table. Ruotolo stated she believed it was a poor use of public funds as she believed other areas of town could better utilize artistic remediation. Zemler clarified he would use existing dollars earmarked for construction to offset the increased costs, and additional dollars for construction would subsequently be required at the first or second supplemental budget appropriation in 2006. Oppenheimer clarified construction may not be able to be started in April if the conceptual design option is pursued. The motion carried 4-3 with Ruotolo, Foley and Slifer dissenting. The sixth item on the agenda was Assignment of Option by the Metropolitan Council of St. Paul/Minneapolis, Minnesota, to Purchase one 40' Low Floor Hybrid Diesel-Electric Transit Bus for the In-town Shuttle from its Contract with Gillig Corporation. The town has been researching options to replace the in-town shuttle buses with a quieter, cleaner burning more fuel efficient bus. Several demonstrations of different hybrid technologies and buses have been performed in Vail and staff has attended hybrid bus demonstrations at other sites to determine the type of technology and bus that would meet requirements for noise, emissions and serviceability. Staff reported they believed the Gillig low-floor hybrid bus would provide an in-town shuttle service that will improve the experience for residents and guests by reducing noise, emissions and fuel consumption. These are the same buses the National Park Service purchased to operate in Yosemite National Park in California to get the same results Vail is trying to achieve. This is the first bus of ten to be replaced on the in-town shuttle and is included in the 2005 capital budget. Moffet moved to authorize the Town Manager to execute the IGA, and award the subject bid with Foley seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was a Notice Under the Americans with Disabilities Act agreement. Town Attorney Matt Mire reported the U.S. Department of Justice (USDOJ) audited the town for compliance with Title II of the Americans with Disabilities Act (ADA) as part of Project Civic Access, an initiative designed to improve access to local government programs and facilities for persons with disabilities. Under an August 2004 Agreement between the USDOJ and the Town of Vail, one of the requirements is to adopt the Notice of Agreement, publish the notice, and post it on the home page of the town's web site. Moffet moved to approve the compliance standards with Gordon seconding. Hitt added the town should strive to be more ADA compliant. The motion passed unanimously, 7-0. The eighth item on the agenda was an Appeal of the Town of Vail PEC's Denial of a Variance Application, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a Deck within the Front Setback, located at 1835 West Gore Creek Drive/Lot 20, Vail Village West Filing 2. On November 28, 2005, the PEC denied a request for a variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck within the front setback, located at 1835 West Gore Creek Drive/Lot 20, Vail Village West Filing 2. The appellants, Kevin Roley and Kate Skaggs, owners of 1835 West Gore Creek Drive, appealed the Commission's denial. Staff recommended Council uphold the Commission's denial, subject to the criteria and findings in the memorandum to the PEC, dated November 28, 2005. Skaggs said the variance was being asked for because of safety issues (afire had occurred at the residence the past summer). Roley thanked the Vail Fire Department and especially Fire Technician Tom Talbot for extinguishing the fire in an expedient manner. Moffet moved to overturn the decision of the PEC with Hitt seconding. Gordon complimented the PEC and staff for performing an admirable job. The motion passed unanimously, 7-0. The ninth item on the agenda was the First Reading of Ordinance No. 20, Series of 2005, an Ordinance Repealing and Reenacting Ordinance No. 9, Series of 2003, providing for the Major Amendment of Special Development District No. 36, Four Season Resort, and amending the approved Development Plan for Special Development District (SDD) No. 36, in accordance with Chapter 12-9A, Vail Town Code. Town Planner Matt Gennett reported on July 10, 2001, Council approved Ordinance No. 14, Series of 2001. Ordinance No. 14, Series of 2001, adopted a development plan for the establishment of SDD No. 36, Vail Plaza Hotel West, on the Chateau at Vail site. Ordinance No. 14, Series of 2001, approved a development plan for the SDD which included 15 dwelling units, 116 accommodation units, 40 fractional fee club units, and 14 Type III employee housing units. The approved deviations from development standards of the underlying zoning included an increase from both the maximum allowable height and maximum allowable site coverage standards. On October 7, 2003, Council approved Ordinances No. 9 and No. 10, Series of 2003. Ordinances No. 9 and 10 adopted an amended development plan for SDD No, 36, Four Seasons Resort and rezoned a portion of the development site to the Public Accommodation (PA) zone district. The amended development plan allowed for the construction of a mixed use hotel development to include 18 dwelling units, 118 accommodation units, 22 fractional fee club units, and 34 Type III employee housing units. On August 8, 2005, the PEC forwarded a recommendation of approval to Council of a major amendment to the Approved Development Plan for SDD No. 36, Four Seasons Resort. The major amendment consisted of the following modifications: the total number of proposed Dwelling Units is reduced from eighteen (18) to sixteen (16); the total number of proposed Accommodation Units increases from one hundred eighteen (118) to one hundred twenty-two (122); the total number of proposed Fractional Fee Club Units is decreased from twenty-two (22) to nineteen (19); and the total number of Type III Employee Housing Units decreases from thirty-four (34) to twenty-eight (28). On November 28, 2005, the PEC upheld staff's approval of a request for a minor amendment to SDD No. 36, Four Seasons Resort, to allow the applicant to shift the building footprint one foot (1') back from its approved location. Foley asked why the ordinance took four months to be received by Council after PEC approval. Gennett reported details regarding the relocation of Spraddle Creek slowed the process. Moffet moved to approve the ordinance with Logan seconding. During a pause for public comment, Gwen Scalpello, representing Nine Vail Road, expressed concern staff approved changes to the applicant's site plan subsequently allowed the encroachment on adjacent properties. The motion passed 6-1, Foley opposed. 4 The tenth item on the agenda was First Reading of Ordinance 29, Series of 2005, an ordinance amending Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code (Housekeeping Ordinance). Planner Rachel Friede reported through the review process of various zoning applications, problems arise with specific code sections that are not clear to either applicants or staff. This often occurs with zoning code amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the PEC and to the Town Council to "clean-up" the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook. On October 24, 2005, PEC forwarded a recommendation of approval to the Town Council regarding the proposed amendments. A work session for Council was held on December 6, 2005, where a report outlining the details of the proposed text amendments was distributed. Council members asked questions regarding the proposed text amendments and no changes were made. Moffet moved with Logan seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was First Reading of Ordinance No. 32, Series of 2005, an ordinance amending 5-3-2, Public Health and Safety, Vail Town Code. Section 5-3-2 of Chapter 5, Public Health and Safety, Vail Town Code, defines a solid fuel burning device as follows: Solid Fuel Burning Device: Any fireplace, stove, firebox or device intended and or use for the purpose of burning wood, pulp, paper, or other non- liquid or nongaseous fuel. The applicants proposed to add the following language to this definition: Solid fuel burning devices do not include cook stoves in licensed commercial eating and drinking establishments in the town. Staff was in favor of the proposed text amendment based upon the intent of the subject regulation and the proposal not having a negative impact upon the purpose and intent of Section 5-3-2, Vail Town Code. Hitt moved to approve with Moffet seconding. The motion passed unanimously, 7-0. The twelfth item on the agenda was First Reading of Ordinance No. 33, Series of 2005, an ordinance repealing and re-enacting Ordinance No. 12, Series of 2006, Cascade Village, amending and reestablishing the approved development plan for Area A of SDD No. 4, in accordance with section 12-9A-10, Vail Town Code, to allow for the construction of eleven new dwelling units. Gennett reported on November 14, 2005, the PEC forwarded a recommendation of approval to Council of a major amendment to the Approved Development Plan for SDD No. 4, Area A, Cascade Village. The requested amendment amends the total number of allowed dwelling units in Area A, SDD No. 4, from ninety-four (94) dwelling units to ninety-eight (98). The Community Development Department recommended Council approve Ordinance No. 33, Series of 2005, on first reading. Gennett announced condominium owners would utilize currently available parking on a first-come, first- served basis. Jack Stone, project architect, stated he would be adding commercial square footage on the main level. "The theaters were not considered commercial space." Ruotolo moved to approve with Moffet seconding. Foley asked how many EHUs the project would create. Stone reported the amount of EHUs generated by the project would decrease. The motion passed 6-1, Foley opposed. The thirteenth item on the agenda was Second Reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance No. 9, Series of 1998, providing for changes to special development district no. 22, Grand Traverse, that concern the elimination of Gross Residential Floor Area (GRFA) within the District and the number of lot Due to a publication error, staff requested Council table the item until January 3, 2005. On September 26, 2005, the Town of Vail PEC held a public hearing on a request to amend SDD No. 22, Grand Traverse. The purpose of the amendment to the SDD is to eliminate the GRFA limitations within the Grand Traverse residential development. Upon review of the request, the PEC voted 4-0-0 to forward a recommendation of approval of the request to amend SDD No. 22, Grand traverse, to Council. On December 6, 2005, Council approved the first reading of Ordinance 25, Series of 2005, by a vote of 5-2-0 (Hitt and Foley opposed). Moffet moved to table until January 3, with Ruotolo seconding. The motion passed unanimously, 7-0. The fourteenth item on the agenda was Second Reading of Ordinance 27, Series of 2005 an ordinance repealing Ordinance No. 32, series of 2002 and rescinding a public accommodation tax; providing amendments to the Town's sales tax code. At the Town of Vail regular municipal election held on November 8, 2005, voters did not approve Question 1, resulting in termination, effective January 1, 2006, of collection of the sales and lodging tax increases implemented pursuant to 2002 Question 2D. A future action of the Council will be required to determine a refund methodology of the remaining funds or a question may be submitted to the voters on how such revenues shall be used. Moffet moved to approve with Hitt seconding. Foley stated if a guest has already paid the tax and is upset, the sales tax paid should be returned. Hitt agreed with Foley. The motion passed unanimously, 7-0. The fifteenth item on the agenda was Second Reading of an Ordinance making supplemental appropriations to the town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Health Insurance Fund, and Dispatch Serviced Fund of the 2005 Budget for the town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Hitt moved with Moffet seconding a motion to approve the ordinance. The motion passed unanimously, 7-0. The sixteenth item on the agenda was Resolution No. 23, Series of 2005, a resolution repealing and re-enacting Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the Master Plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the Lionshead Redevelopment Master Pian. On December 6, 2005, the Community Development Department presented an application to Council to amend the Official Zoning Map of the Town of Vail to rezone the Evergreen Lodge (Lot 2, Block 1, Vail LionsHead Filing No. 2) from SDD #14 to LionsHead Mixed Use -1 District. Following discussion on the application, Council voted 7-0-0 to approve the amending ordinance (Ordinance No. 30, Series of 2005) on first reading and directed staff to prepare a resolution amending Resolution No. 15, Series of 2005, to include more detailed plan recommendations. Moffet moved to approve with Ruotolo seconding. Gordon asked if the resolution guaranteed the Vail Valley Medical Center access to the Frontage Road. Project Developer T.J. Brink said he would not preclude any such access. Town Engineer Tom Kassmel reported Frontage Road improvements related to the project should "go off without a glitch." Representing the Vail Village Homeowner's Association, Jim Lamont applauded the possibility of a roundabout being included with the project. He also expressed concern over wildlife migration through the parcel specifically related to the stream tract. The motion passed 6-1, Hitt opposed, stating he preferred a Special Development District process. For details, contact George Ruther at 479-2145. 6 Council agreed to discuss Resolution #23 and Ordinance #30 simultaneously. The seventeenth item on the agenda Second Reading of Ordinance No. 30, Series of 2005, an ordinance repealing Ordinance No. 1, Series of 1990, SDD No. 14, Doubletree Hotel (aka Evergreen Lodge) and amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 2, Block 1, Vail LionsHead 2"d Filing, from High-Density Multiple Family (HDMF) district to LionsHead Mixed Use - 1 (LMU-1) district. On September 6, 2005, Council approved Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the master plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the LionsHead Redevelopment Master Plan. However, in approving Resolution No. 15, Council placed a condition upon the approval stating the resolution shall only become effective upon the approval of an amending ordinance rezoning the Evergreen Lodge development site to LionsHead Mixed Use-1 (LMU-1) district. On November 14, 2005, the PEC held a public hearing on the request to rezone the Evergreen Lodge development. Upon consideration of the request, the PEC unanimously approved a motion recommending approval of the rezoning request to Council. On December 6, 2005, Council approved Ordinance No. 30, Series of 2005, on first reading. In doing so, however, Council directed staff to prepare a resolution amending Resolution No. 15 to further clarify the town's development objectives for the site. Moffet moved to approve the ordinance with Foley seconding. The motion passed 6-1, Hitt opposed. The eighteenth item on the agenda was Second Reading Ordinance No. 31, Series 2005, Annual Appropriation Ordinance: Adopting a budget and financial plan and making appropriations to pay the cost, expenses, and liabilities of the Town of Vail, Colorado, Conference Center Fund for the Fiscal Year January 1, 2006 through December 31, 2006. Moffet moved with Logan seconding a motion to approve. The motion passed unanimously, 7-0. The nineteenth item on the agenda was the Town Manager's Report. There was no report. The twentieth item on the agenda was Adjournment. Moffet moved with Gordon seconding a motion to adjourn at approximately 8:45 p.m. The motion passed unanimously, 7-0. Respectfully Submitted, (,-' ~- ~Y _~y Rodney E. Slifer, Mayor ATTEST: /' ~N O F ~'~~! ~ `'` .. ;SEAL Lorelei Donaldson, Town Clerk ,,c~o~ Minutes provided by Corey Swisher.