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Vail Town Council Meeting Minutes
Tuesday, January 3, 2006
6:00 P.M.
Vail Town Council Chambers
Council Members Present
Rod Slifer, Mayor
Farrow Hitt, Mayor Pro-Tem
Kim Ruotolo
Greg Moffet
Kent Logan
Kevin Foley
Mark Gordon
Staff Members Present: Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
Representing Architectural Resource Consultants (ARC), Chris Squadra stated that in
2004, financial rankings used by the firm for determining a potential builder for the
conference center, had potential for misrepresentation. Squadra then apologized to
David Viele, of J.L. Viele Construction, for any harm the financial ranking system may
have caused his company. Due to the circumstances, he said ARC has since
reevaluated its financial ranking system. Squadra then thanked Council for its support
throughout the conference center process.
The second item on the agenda was the Consent Agenda.
A.) 12.06.05 & 12.20.05 Minutes Approval.
B.) Law Enforcement Assistance Fund (LEAF) Grant. The Police Department received a
grant from the Colorado Department of Transportation for increased Driving Under the
Influence (DUI) enforcement during calendar year 2006, under the LEAF Program. This
$12,000 grant will fund overtime for police personnel to conduct DUI patrol and appear in
court for related cases.
Town of Vail publications and notices. The town annually establishes a newspaper of
record for all public notices. This year, a bid was requested from Eagle Summit
Publishers, owner of all the newspapers in Eagle County, and requested a bid for The
Vail Daily publications.
C.) Annual appointment of newspaper of record for Town of Vail publications and
notices for 2006 Appoint The Vail Daily as the newspaper of record for 2006 for the
D). Resolution No. 1, Series of 2006, a resolution designating a public place within the
Town of Vail for the posting of notice for public meetings of the Vail Town Council, PEC,
Design Review Baard (DRB), and other boards, commissions, and authorities of the
Town of Vail. C.R.S. as amended, provides that 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. After Foley
asked that item D be discussed separately, Moffet moved with Foley seconding a motion
to approve items A, B, & C. The motion passed unanimously, 7-0.
Foley then expressed concern over posting of Council agendas as it was inconvenient
for many to travel to town hall to view the physical postings. He recommended placing
public notices at supermarkets or bus stops. Zemler reported all Council agendas were
posted on the town's web-site. Public Information Officer Suzanne Silverthorn said she
would provide an update on the number of hits on the town's web-site that Council
agendas receive. Zemler suggested discussing other posting options at an upcoming
meeting, but limiting the legal requirement postings to town hall. Moffet then moved to
pass Resolution No. 1, Series of 2006 with Foley seconding. The motion passed
unanimously, 7-0.
The third item on the agenda was an Appeal of the Town of Vail DRB'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. Council was requested to table this appeal to the January i7, 2006,
Council hearing. On November 2, 2005, the DRB denied a request for a change to
approved plans 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. The appellants, Donald and Ronne
Hess, owners of 1220 Ptarmigan Road, appealed the DRB's denial. On December 20,
2005, Council tabled the Hess Residence appeal to January 3, 2006. Staff
recommended Council table the Hess Residence appeal until January 17, 2006, per the
appellant's request. Hitt moved with Moffet seconding a motion to table. The motion
passed unanimously, 7-0.
The fourth item on the agenda was a request from the Eagle Valley Alliance for
Sustainability (EVAS) fora $15,000 donation and review of supporting documentation
regarding the county wide recycling program.The EVAS proposed to take over and
operate the Eagle County recycling program. The Community Development Department
recommended Council approve the funding request. In the 2006 budget, $15,000 was
earmarked for recycling under Council contributions. Hitt clarified the expense was
budgeted. Matt Scherr, EVAS Executive Director, confirmed recycling services within the
town would be enhanced. Hitt moved to approve the funding with Ruotolo seconding.
The motion passed unanimously, 7-0.
The fifth item on the agenda was an emergency preparedness update. Police Chief
Dwight Henninger reported the town has always taken emergency preparedness
seriously and has reviewed prior incidents in an attempt to capture lessons learned for
future improvements. Hosting the World Cup Championships in 1989 and 1999 was also
the impetus for building upon the town's level of preparedness and emergency
management capability. Previous history indicated the training and expectation for
• management responsibility had fallen on the public safety agencies and had not included
the remainder of the staff. Although these systems have worked fairly well, the events of
September 11, 2001, and the sink hole incident in June of 2003, revealed some
deficiencies in the town's potential ability to handle a major incident, particularly with the
town's ability to staff logistical, planning and financial tracking functions, according to
Henninger. The federal government mandated philosophical changes in emergency
management and has tied Homeland Security Grant funding to adoption of these
changes, which the town has embraced. Henninger went on to say over the past three
years the town has embarked on a significant program of developing skills to manage a
critical incident, including many members of the civilian staff, in addition to police and fire
department personnel. Henninger says the town has reviewed and prioritized potential
natural and man-made incidents affecting the area as follows:
Highest Likelihood: Severe weather; debis flow/flooding, materials slide, structural fire,
wildland fire, hazardous material release, civil disturbance, structural collapse,
transportation accident (roadway/lifts), mass casualty incident and utility service failure
Lower Likelihood: Aircraft accident, dam failure, earthquake and terrorism/weapon of
mass destruction
Henninger then described public safety goals for 2006:
• Review and update the Emergency Operations Plan to include new Homeland
Security directives which are based on the use of Emergency Support Functions
(ESP's).
• Conduct quarterly training exercises to continue to develop our preparedness skills.
• Complete a majority of the NIMS/ICS training.
• • Complete the development of a mobile command/communications vehicle for
deployment to incidents and to provide aback-up to the communications center.
This is currently being done on a used bus platform from the Transportation
Department.
• Work with the County to develop an Incident Management Team, which would assist
the Town with any prolonged or complex incidents.
• Continue to develop alternative communications systems in the event of failures of
our primary systems.
• Complete and educate citizens on an updated evacuation plan.
• Develop a Citizens Emergency Response Team (CERT) with volunteers to help
neighborhoods learn to be self-sufficient in the event of a large prolonged incident.
• Continue to develop messages to encourage preparedness activities for our citizens
and the lodging community.
• Collaborate with other special districts, Vail Resorts Inc. and non-governmental
agencies to integrate them into our emergency preparedness planning, training and
exercising.
• Establish and formalize aCounty-wide Public Information Officers group to be
available to assist during large-scale incidents
It was reported Council would receive information on their duties and responsibilities
during a critical incident from Steve Denney of the Colorado Division of Emergency
Management on Jan. 17. This training is part of the plan for the town's compliance with
the National Incident Management System and Incident Command System.
•
The sixth item on the agenda was the second 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 (SDD) No. 36, Four Season
Resort, and Amending the approved Development Plan for 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, the 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 zone district. The amended development plan allows 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 consists 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. Moffet moved to approve
the ordinance with Hitt seconding. The motion passed unanimously, 6-1, Foley opposed.
The seventh 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 SDD No. 22, Grand Traverse, that concern the elimination of Gross
Residential Floor Area (GRFA) within the District and the number of lots. 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 the Vail Town 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 approve the ordinance with Gordon
seconding. Foley and Hitt stated there would be other ways to do it. Representing the
Vail Village Homeowners Association, Jim Lamont pointed out what can be changed one
way can be changed again in respect to GRFA. Mire clarified public recourse could be
initiated by town staff. The motion passed 5-2, Foley and Hitt opposed.
The eighth item on the agenda was the second 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). 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. On December 20, 2005, Council approved Ordinance 29, Series
of 2005 on first reading, with a vote of 7-0-0. Since the first reading, additional text
amendments were included to allow Type IV Employee Housing Units as a permitted
use in the HR, SFR, R, PS, RC, LDMF, MDMF, HDMF, PA, CC1, LMU-1 and LMU-2
Districts. Moffet moved with Foley seconding a motion to approve. The motion passed
unanimously, 7-0.
The ninth item on the agenda was the second 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:SOL/D 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 (added language is shown in bold type): Solid fuel burning
device does not include cook stoves in licensed commercial eating and drinking
establishments in the town. Staff recommended 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. Ruotolo moved to
approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0.
The tenth item on the agenda was the second 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. 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). Moffet moved to approve the ordinance with
Gordon seconding. The motion passed 6-1, Foley opposed.
The eleventh item on the agenda was the Town Manager's Report.
Council Retreat Take-Aways. Zemler reviewed the following topics with Council, looking
for approval and direction on how to most appropriately proceed with action.
1. Environment
2. Forge Better Relationship with Business Community
3. Housing
4. ParkinglTransportation
5. Public Facilities
6. Assess Town's Financial Condition
7. Recreation
8. Cultural/Special Events
9. Peer Resort/Community Trips
10. Leadership
11. Reaching Out to International Homeowners & Destination Guests
12. Develop Berm on South Side of Village Transportation Center Across From the
Austria Haus
13. Informal Social Sessions/Ski Day with the Mayor/Council, Including Both
Community and Staff
Staff has proposed to address the topics in the following manner:
2-7-06 Work Session
--Following parking task force (week of 1.23.06), discussion of parking, transit (to
include: some neighborhoods "underserved" by buses) -Greg Hall (30 min.)
--Discussion of dispersion of $7.7M Conference Center Fund proceeds
2-7-06 Evening Meeting
--Peer Resort/Community Trips Update -Suzanne Silverthorn
2-21-06 Work Session
--Housing Discussion to include pay-in-lieu, inclusionary zoning and case studies
from other communities who've had similar situations
7-18-06 Work Session
--Discussion of redevelopment of berm on south side of Village Parking Structure
into retail (across from Austria Haus) Will occur if Timber Ridge redevelopment
is resolved.
Vail Community Plan
Community Development Director Russ Forrest asked Council if they agreed with
developed goals proposed to be used while developing the town community plan.
Brandmeyer then reported Rex Keep would be in attendance at the Jan. 17 meeting to
take Council photographs. She said staff continued to discuss how to better manage
vehicles left overnight in the parking structures by drivers who end up having too much
to drink. She also made known the Town Council and Beaver Creek Resort Company
joint meeting would be held Jan. 10 at Grouse Mountain Grill in Beaver Creek at 6:30
p.m.
The twelfth item on the agenda was Adjournment. Moffet moved with Foley seconding a
motion to adjourn. The motion passed unanimously, 7-0, at approximately 8:05 p.m.
Respectfully Submitted,
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Rodney E. Slifer, Mayor
Lorelei Donaldson, Town Cterk
Minutes provided by Corey Swisher.
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. Vail Town Council Meeting Minutes
Tuesday, January 17, 2006
6:00 P.M.
Vail Town Council Chambers
Council Members Present: Rod Slifer, Mayor
Farrow Hitt, Mayor Pro-Tem
Kim Ruotolo
Greg Moffet
Kent Logan
Kevin Foley
Mark Gordon
Staff Members Present: Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
Steve Isom and Helmut Reiss asked for Council's support of an issue regarding
residential expansion of square footage.
• County Commissioner Arn Menconi reported he had recently met with Vail's Assistant
Town Manager and Town Manager to discuss the town's recent retreat take-aways. "I
think we can work together on recycling and use of diesel buses...We need to explore
mutual housing opportunities and expand the county's trail system." He then applauded
the town for its transparency in the presentations provided at the town meeting on Jan.
12.
David Viele and Tim Moffet expressed support for a smoking ban in Vail.
The second item on the agenda was an Update from County Commissioner Arn
Menconi. County Commissioner Arn Menconi and Avon Town Council Member Brian
Sipes encouraged Council to pursue atown-wide smoking ban. Chris Sherwin from the
Colorado Tobacco Education and Prevention Alliance (CTEPA) discussed the dangers
of second-hand smoke on bar staff. Colorado Public Health Association Chairman Don
Parson recommended analyzing apost-smoking ban study performed in Pueblo.
Ruotolo stated Vail should be a leader in promoting a healthy lifestyle. During a pause
for public comment, Vail Recreation District Chairman Scott Proper recommended
supporting a smoking ban.
The third item on the agenda was an appeal of the Town of Vail DRB'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. On November 2, 2005, the DRB denied a request for a change to
• approved plans pursuant to Section 12-11, Design Review, Vail Town Code, regarding
architectural alterations (existing skylights) to an existing residence, located at 1220
• ~.
Ptarmigan Road. The appellants, Donald and Ronne Hess, owners of 1220 Ptarmigan
• Road, have appealed the DRB's denial. On January 3, 2006, Council tabled the Hess
Residence appeal to January 17, 2006. Staff recommended Council overturn with
modifications the DRB denial of the Hess Residence design review application and
accept the modified design submitted by the appellant. Donald Hess expressed he was
pleased to have had the opportunity to deal with Council and staff. Moffet moved to
overturn the DRB finding. Hitt seconded. The motion passed unanimously, 7-0.
The fourth item on the agenda was a Vail Community Plan Discussion. Community
Development Director Russ Forrest reported staff had recently met with Kent Logan and
Mark Gordon (council representatives) to develop the scope of work and schedules for
the Community Plan. It was determined two resources were needed: a highly qualified
facilitator and a resource to assist with the graphics and writing the Community Plan. A
Request For Proposals could be issued rapidly for these services, according to Forrest.
In addition, it would be possible to obtain competitive bids without a formal RFP. Logan
indicated the project would take approximately eight months to complete. Hitt stated he
was not in favor of the project taking longer than 12 months. Moffet suggested making it
an objective of the process to enfranchise as many residents of Vail as possible. "Vail
Tomorrow was an incredibly productive exercise ten years ago." Representing the Vail
Village Homeowners Association, Jim Lamont stated his association was very interested
in becoming part of the process and noted his interest in presenting the association's
ideas for Vail's future. Zemler encouraged the association to participate as a
stakeholder. Moffet moved with Foley seconding a motion to move forward with the
planning. The motion passed unanimously, 7-0.
• The fifth item on the agenda was a discussion of first reading of Ordinance No. 1, Series
of 2006 - an ordinance vacating a certain part of the system of Public Ways of the Town
of Vail, Colorado, i.e., a parcel of land located within chute road right-of-way, Lot P-3,
Vail Village Fifth Filing, Town of Vail, County of Eagle, State of Colorado as recorded
March 17, 2004, at Reception Number 871030 at the Eagle County Clerk and Recorder.
Town Attorney Matt Mire reported the town received this portion of right-of-way with the
creation of the Founders Garage plat from Vail Resorts. The western portion was then to
be deeded to the Mill Creek Condominium Association. The streetscape design for the
Mill Creek Court property was completed and the cost sharing agreement is completed.
Moffet moved to approve the vacation with Ruotolo seconding. The motion passed
unanimously, 7-0.
The sixth item on the agenda was the first reading of Ordinance No. 2, Series of 2006,
an Ordinance amending Chapter 4, Districts Established, Section 12-4-1, Designated,
Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2)
District. On January 9, 2006, the PEC voted 6-0-0 (Gunion absent) to forward a
recommendation of approval for a proposed text amendment to the Vail Town Code. The
Community Development Department recommended Council approve Ordinance No. 2,
Series of 2006, on first reading. Ruther explained the amended zoning district allowed
kitchen facilities in public accommodation units located within this zone district. Moffet
moved with Ruotolo seconding. Foley then clarified the rezoning would not be
considered an "up-zoning." The motion passed unanimously, 7-0.
The seventh item on the agenda was the first reading of Ordinance No. 3, Series of
2006, an Ordinance Amending the Official Zoning Map for the Town of Vail in accordance
• with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lots 9-12, Buffher
Creek Re-subdivision, from Public Accommodation (PA) District to Public Accommodation-
.i • t.
•
2 (PA-2) District. January 9, 2006, the PEC held a public hearing on the request to
amend the Official Zoning Map of the town. Upon consideration of the request, the
Commission unanimously approved a motion recommending approval of the rezoning
request by Council. Hitt moved to adopt the ordinance with Logan seconding. The
motion passed unanimously, 7-0.
The eighth item on the agenda was the Town Manager's Report.
TOV Web Site "Hits"
Community Information Specialist Kris Friel announced that during the Jan. 3 Council
meeting, a discussion took place regarding Resolution No. 1, Designating a Public Place
for Posting Notices of Public Meetings, in which a question was raised regarding the
adequacy of distribution. In addition to the legal posting requirement in the Vail Municipal
Building, town council agendas are:
• Published on Mondays in the Vail Daily in the "Weekly News" ad,
• Emailed to 112 "Vail-Mail" subscribers, and
• Posted to the Town of Vail web site.
Foley expressed concern the town was not doing enough to reach out to the local
community.
Looking ahead, the Council identified July 11 (changed from July 4) and July 18 as its
public meeting dates for that month.
The ninth item on the agenda was Adjournment. Moffet moved to adjourn at 7:30p.m.
with Ruotolo seconding. The motion passed unanimously, 7-0.
Respecttully Submitted,
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'SEAL Rodney E. Slifer, Mayor
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Lore`fei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
3
• Vail Town Council Evening Meeting Minutes
Tuesday, February 7, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Ruotolo
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Participation. Rob Levine, general manager of
the Antlers Lodge, spoke in support of utilizing the conference center proceeds to
maintain year-round economic viability.
Mark Gordon introduced a moment of silence in remembrance of Loretta Scott King.
The second item on the agenda was the Introduction of Mt. Buller Guests. Vail Valley
Exchange Board Member Rick Sackbauer thanked the town for its financial support of
the program and introduced visiting skiers from Mt. Buller, Australia, one of Vail's sister
cities. Instructor/chaperone Geoff Walker introduced the visiting secondary students and
thanked all involved with the Vail Valley Exchange for their generosity.
The third item on the agenda was the Consent Agenda.
a. Approval of 01.03.06 & 01.17.06 Minutes.
b. Sculpture for Bighorn Park.
• Vote to approve $35,000 AIPP expenditure for the "Community Stone" sculpture.
Moffet moved to approve the consent agenda with Ruotolo seconding. Foley stated he
would be casting a no vote as he did not agree with funding any park improvements until
a public park was developed in the LionsHead area. The motion passed 6-1, Foley
opposed.
The fourth item on the agenda was an appeal of the Town of Vail Design Review
• Board's (DRB) approval of a separation request application pursuant to Section. 12-3-3,
Appeals, Vail Town Code, of the Town of Vail DRB's approval of a separation request
z
• application, pursuant to Chapter i4-10, Design Review Standards and Guidelines, Vail
Town Code, to allow for the physical separation of a primary and secondary residence,
located at 95 Forest Road/Lot 32, Block 7, Vail Village Filing 1. Planner Bill Gibson
reported that on December 21, 2005, the DRB approved a separation request
application, pursuant to Chapter 14-10, Design Review Standards and Guidelines, Vail
Town Code, to allow for the physical separation of a primary and secondary residence,
located at 95 Forest Road/Lot 32, Block 7, Vail Village Filing 1. The Vail Town Council
"called-up" this DRB action. Additionally, H.R. and Margaret B. Perot, Susan R.
Frampton, and Forest International, LLC had also filed an appeal of the DRB action.
Representing the appellants, Jim Wear argued a separated duplex represented two
separate primary residences as opposed to one single family residence and a small
caretaker unit. Harry Frampton questioned setting the precedent of allowing two
separate houses to be built on a single family lot. Attorney Rob Sperberg argued the
proposed homes would maintain the character of the neighborhood and would not be an
"eyesore" to adjacent property owners. Project architect Mike Suman argued a split
development was the most environmentally sensitive way to redevelop the property.
DRB Chairman Margaret Rogers clarified the DRB's position, explaining its decision was
based on physical impediments to development on the parcel. Estaquio Cortina spoke in
support of the appellants. Moffet stated he believed the DRB made the right decision as
the site is constrained. Moffet moved to uphold the DRB determination with Ruotolo
seconding. Gordon clarified separations are rarely approved. Logan and Foley stated
they did not believe a separation met the spirit and intent of primary/secondary
residential zoning. Slifer verbally recognized he could be fair and impartial in a decision
on the appeal, and thus he had no conflict of interest as to voting. Town Attorney Matt
Mire asked Slifer to make this statement for the record as he was a business partner
. with Harry Frampton, one of the appellants. The motion passed 4-3, with Slifer, Logan
and Foley opposed.
The fifth item on the agenda was a review of recommendations for minor modifications
of the Parking Task Force for the remainder of the 2005-2006 season. In introducing the
item, Public Works Director Greg Hall said the Parking Task Force was established to
provide direction to Council regarding parking operation policies. In addition to other
meetings during the summer, the task force meets annually after the Martin Luther King
holiday to evaluate the results of operational changes implemented, review trends and
determine if any significant changes need to be addressed and to recommend tweaks to
the operating policies if needed. As a result of the meeting, the Parking Task Force
recommended the following changes to the parking policies for the remainder of the
2005-2006 season.
a. The number of shopper parking spaces be reduced in the Village from 60 to 40 and
the number of shopper spaces in LionsHead be reduced from 30 to 20. The pricing
structure implemented for the shopper parking created greater turnover of the
spaces and decreased the number of spaces required to meet the demand.
b. That vehicles over 19'-0 be restricted from the Village value lot. The value lot was
designed with less than adequate dimensions when it was built in 1990. Limiting the
size to 19' will accommodate almost 98% of all personal vehicles. The vehicles which
exceed this dimension are the largest of the 15 passenger vans and the oversized
pickup trucks with crew cabs and full beds.
• Hitt moved to approve the modifications with Mallet seconding. The motion passed
unanimously, 7-0.
The sixth item on the agenda was a discussion and direction from Council on pursuing a
joint Vail Recreation District (VRD) and Town of Vail (TOV) Comprehensive Recreation
Master Plan. On January 10, the VRD approved an expenditure of up to $30,000 to
jointly fund with the TOV a comprehensive recreation master plan. If Council wished to
move in this direction, a supplemental appropriation from RETT of $30,000 was
suggested by staff. Zemler stated he believed it was a good time for collaboration to set
a path for recreational opportunities over the next ten to 15 years. Logan and Gordon
said they did not believe the opportunity could have happened at a better time. Logan
moved to approve with Gordon seconding. The motion passed unanimously, 7-0.
The seventh item on the agenda was a discussion of framework for the process
involving disbursement of Conference Center tax collections. Stan Zemler asked
Council to discuss initial review criteria and provide ideas for a citizen outreach process
to be used to create community consensus regarding the various options available. In
November 2005, Vail's electorate defeated an increase in the lodging tax to supplement
taxes approved in 2002 to build and operate a conference center. The ballot question
also contained a provision to rescind the 2002 taxes if the issue failed. Therefore, on
December 20, 2005, Council approved second reading of Ordinance No. 27, Series of
2005, which rescinded the 2002 taxes, ahalf-cent sales tax and 1.5 percent lodging tax,
effective January 1, 2006. The remaining action required to bring closure to the issue is
to determine a refund methodology for disbursement of the remaining $7.7 million in
conference center funds or prepare a ballot question to determine how such revenues
shall be used. Hitt and Ruotolo questioned utilizing the funds for recreational amenities,
• as the tax was intended to provide year-round economic vitality. Moffet moved to direct
staff to not pursue determining how to refund the tax collections with Ruotolo seconding.
The motion passed unanimously, 7-0. Moffet then moved to direct staff to pursue
methods to increase hotel occupancy with Ruotolo seconding. The motion passed
unanimously, 7-0. Bill Jewitt said he believed the individuals who paid the tax should be
refunded. He then encouraged Council to not pursue using the fund for additional
marketing efforts.
The eighth item on the agenda was the first reading of Ordinance No. 4, Series of 2006.
Text amendment (Commercial Service Center/CSC Zone District) for Crossroads. Senior
Planner Warren Campbell introduced First Reading of Ordinance No. 4, Series of 2006,
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
January 23, 2006, the PEC voted 7-0-0 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. The Community Development Department recommended Council
approve Ordinance No. 4, Series of 2006, on first reading. Moffet moved to approve the
ordinance on first reading with Hitt seconding. The motion passed unanimously, 7-0.
The ninth item on the agenda was the First Reading of Ordinance No. 5, Series of 2006,
an ordinance establishing Special Development District (SDD) No. 39, Crossroads.
Campbell reported that on January 23, 2006, 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
u
the request, the PEC voted 5-2-0 (Viele and Lamb opposed) to forward a
recommendation of approval of the request to establish SDD No. 39, Crossroads, to
Council. The Community Development Department recommended Council approve
Ordinance No. 5, Series of 2006, on first reading. George Knox, Robert Aikens, Kel
Purcell, Paul Ferzacca, Kaye Ferry, Ron Byrne, Kay Graybill, Peter Cook, Stan Cope,
Johannes Faessler, Gina Gnsafi, John Reimers and Nathan Nottingham spoke in
support of the project. Gwen Scalpello, Judy Gold, Anne Reilly Bishop (representing the
Village Plaza Homeowner's Association), Merv Lapin, Cathie Douglas, Bill Rey, Ernie
Sheller, Jonathon Staufer and Wendy LoSasso spoke against the project. Gwen
Scalpello encouraged Council to pay detailed attention to traffic issues if the project were
to be approved. Representing the Vai! Village Homeowners Association, Jim Lamont
stated his board had not taken a formal position, although several questions remaihed in
need of answers. Rick Scalpello encouraged Council to view the past regular election
results as a litmus test for community approval of the project. Moffet moved to approve
the ordinance but stipulated the second reading should not occur until an acceptable
Developer Improvement Agreement (DIA) was reached, with Gordon seconding. Hitt
encouraged on-site employee housing and questioned the availability and operational
details of the on-site parking as he believed a need exists for more public parking in
town. Moffet asked that parking guidelines be included in the DIA. Developer
representative Dominic Mauriello explained the parking spaces would be leased and the
applicant would encourage public accessibility. Foley questioned increased floor plates
(taller ceilings) and the employee housing requirement for the project. Ruotolo
encouraged the employee housing be placed on-site. Gordon spoke in support of the
project, although expressed concern over the loss of 8150, "Nail's only true live music
venue." Logan stated the project utterly disregards the underlying zoning. He then
congratulated project developer Peter Knobel for putting himself in such an
advantageous negotiating position. "This community is not getting quid-pro-quo for the
value of the upzoning." Slifer asked that a true visual representation of the project be
provided to demonstrate how high the building would be. "If he doesn't want to build
one, it may mean he is thinking the same thing." Mire clarified the Developer
Improvement Agreement is separate from the ordinance. The motion passed 4-3, Slifer,
Logan and Foley opposed.
The tenth item on the agenda was the Second reading of Ordinance No. 1, Series of
2006 - an ordinance vacating a certain part of the system of Public Ways of the Town of
Vail, Colorado, i.e., a parcel of land located within chute road right-of-way, Lot P-3, Vail
Village Fifth Filing, Town of Vail, County of Eagle, State of Colorado as recorded March
17, 2004, at Reception Number 871030 at the Eagle County Clerk and Recorder. Mire
explained the town received this portion of right-of-way with the creation of the Founders
Garage plat from Vail Resorts. The western portion was then to be deeded to the Mill
Creek condominium association. The streetscape design for the Mill Creek Court
property has been finished and the cost sharing agreement is completed. It is now
known how much of the western portion of the property can be vacated. Moffet moved to
approve with Ruotolo seconding. The motion passed unanimously, 6-0. Hitt was not
present.
The eleventh item on the agenda was the Second reading of Ordinance No. 2, Series of
2006, an ordinance amending Chapter 4, Districts Established, Section 12-4-1,
Designated, Vail Town Code, to allow for the establishment of the Public
Accommodation - 2 (PA-2) District. Chief Planner George Ruther reported on January
9, 2006, the Town of Vail PEC voted 6-0-0 (Gunion absent) to forward a
recommendation of approval for a proposed text amendment to the Vail Town Code. On
January 17, 2006, Council approved Ordinance No. 2, Series of 2006 upon first reading.
The only requested change to the ordinance is a typographical error. The Community
Development Department recommended Council approve Ordinance No. 2, Series of
2006, on second reading. Wendy Erb expressed concern approval of the ordinance
would allow development to overwhelm the surrounding neighborhood. Moffet moved
with Logan seconding. Ruotolo clarified use by right allowed for a building 48 feet tall on
the property. Kaye Ferry expressed concern that the introduction of kitchens on the
property would encourage long term use of a public accommodation unit. Representing
the Vail Village Homeowners Association, Jim Lamont stated the town needed to look
more closely at its development standards. Anne Reilly Bishop asked Council deny the
ordinance and revisit the rezoning rules as the project may affect the quaintness of her
neighborhood. "I am fearful we are changing the quality of life here." Greg Beamis
questioned the size of the project. "The size and scale of this is out of proportion for our
neighborhood." Marv Nevar said Council should use more discretion before approving
the ordinance. Phyllis Nixon stated the scale of the project was too large. Gwen
Scalpello said the proposed zoning should also contemplate potential parking shortages
it may cause. Diana Donovan stated Council should better inform concerned citizens
about town processes. She also said she believed height measurements have been
modified by the town without the public's knowledge. "It is making a huge difference on
heights in town." Property developer Kevin Deighan stated adequate notice was
provided to surrounding neighborhoods. The motion passed 5-2, Foley and Logan
opposed.
The twelfth item on the agenda was the Second reading of Ordinance No. 3, Series of
2006, an ordinance amending the official zoning map for the Town of Vail in accordance
with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lots 9-12, Buffher
Creek Re-subdivision, from Public Accommodation (PA) district to Public Accommodation-
2 (PA-2) district. On January 9, 2006, the PEC held a public hearing on the request to
amend the Official Zoning Map of the Town of Vail. Upon consideration of the request,
the Commission unanimously approved a motion recommending approval of the
rezoning request to Council. On January 17, 2006, Council approved Ordinance No. 3,
Series of 2006 on first reading. No revisions have been made to the ordinance since
first reading. The Community Development Department recommended Council approve
Ordinance No. 3, Series of 2006, on second reading. Moffet moved with Ruotolo
seconding a motion to approve. During the public comment period, Wendy Erb asked
council to reject the ordinance because it would grant the applicant increased size and
density opportunities. The motion passed 5-2, Foley and Logan opposed.
The thirteenth item on the agenda was the Town Manager's Report.
• Peer Resort/Community Trips Update.
Staff asked Council to provide further direction on arranging a peer resort trip.
• Update on Vail Recreation District (VRD) Repayment of 50% Cost share for 2001
Dobson Door Expansion.
Assistant Town Manager Pam Brandmeyer reported on September of 2001, the town's
Chief Building Official notified both the Vail Recreation District (VRD) and the Town of
Vail (TOV) that the previous occupancy load for the Dobson at 3,000 had been
calculated incorrectly. This mitigation was to cost approximately $100,000 and would
provide occupancy up to 1,500. Both boards agreed to this improvement and to jointly
fund the improvements, with the town paying the up-front costs and billing the VRD back
for its co-share. The total cost came to about $106,000. A balance of $53,068 was first
billed to the VRD in February 2002 but no payments were made. Staff met with VRD's
new director and finance consultant during the spring of '05 and an agreement was
made to proceed with the payment of this balance in a ten year, no interest note
(identical to the gymnastics arrangement). The '05 payment has been received.
Through additional access improvements, Dobson capacity is now again at 3,000.
The fourteenth item on the agenda was Adjournment. Moffet moved with Hitt
seconding a motion to adjourn at approximately 10:45 p.m. The motion passed
unanimously, 7-0.
~_.
Rodney E. Slifer, Mayor
ATTEST:
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orelei Donaldson,
Town Clerk
Minutes provided by Corey Swisher.
•
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Vail Town Council Evening Meeting Minutes
Tuesday, February 21, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Ruotolo
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Participation. Ski Valet owner Tommy Neyens
appeared before the Council to question why he was informed by a town code
enforcement officer to remove a business sign he's been using to promote ski wax
specials. Zemler stated the matter would be researched.
The second item on the agenda was the Consent Agenda.
A. Recommendation from RFP process/interviews for Community Visioning.
B. Creation of an Economic Advisory Council is proposed to make recommendations to
the Vail Town Manager and Vail Town Council regarding economic issues and short
and long-term economic strategies. Council is requested to approve and/or modify
the purpose of the Economic Advisory Council.
Moffet moved with Hitt seconding a motion to approve Item B. It was decided Item A.
would be voted on during the March 7 meeting. Kaye Ferry asked if applications for the
Advisory Council would be accepted. Zemler answered yes. The motion passed
unanimously, 7-0.
The third item on the agenda was Artwork for Gore Creek Promenade Pedestrian
Bridge. Moffet moved to table the item as well as the lease renewal for the Red
Sandstone Elementary School (Item 4) until March 7, 2006, with Ruotolo seconding. The
motion passed unanimously, 7-0.
The fourth item on the agenda was the Lease renewal for the Red Sandstone
Elementary School. The Vail Gymnastics Center was placed on what is currently part of
the Red Sandstone leasehold estate. As such the leased premises must be divided into
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two separate leased premises. In addition, the initial 30 year term of the school's lease
has recently expired.
The fifth item on the agenda was the Second Reading of Ordinance No. 4, Series of
2006, AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND
TERMS, VAIL TOWN CODE, TO CREATE A DEFINITION FORA "BOWLING ALLEY"
AND SECTION 12-7E-4, CONDITIONAL USES, VAIL TOWN CODE, TO ALLOW FOR
THE ADDITION OF A "BOWLING ALLEY" AS A CONDITIONAL USE WITHIN THE
COMMERCIAL SERVICE CENTER DISTRICT. On January 23, 2006, the Town of Vail
PEC voted 7-0-0 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
February 7, 2006, Council approved the first reading of Ordinance 4, Series of 2006, by
a vote of 7-0-0. Hitt moved to approve with Moffet seconding. The motion passed
unanimously, 7-0.
The sixth item on the agenda was Second Reading of Ordinance No. 5, Series of 2006,
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT (SDD) NO. 39,
CROSSROADS, PURSUANT TO ARTICLE A, SDD, CHAPTER 9, TITLE 12, ZONING
TITLE, TOWN CODE OF VAIL. On January 23, 2006, the Town of Vail 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 5-2-0 (Viele and Lamb
opposed) to forward a recommendation of approval of the request to establish SDD No.
39, Crossroads, to the Vail Town Council. On February 7, 2006, Council approved the
first reading of Ordinance 5, Series of 2006, by a vote of 4-3-0 (Logan, Foley, Slifer
opposed). Due to a publication error on the part of the Vail Daily, the Community
Development Department recommended Council table Ordinance No. 5, Series of 2006,
on second reading until the March 7, 2006, hearing. Moffet moved with Hitt seconding a
motion to table. The motion passed unanimously, 7-0.
The seventh item on the agenda was Resolution No. 2, Series 2006, A Resolution of the
Town Council of the Town of Vail Initiating Annexation Proceedings; Finding the
Annexation Petition to Be in Substantial Compliance. Mire explained this is the first step
for the pending Front Door exchange parcel annexation. This step is perfunctory, in that
the requirement of substantial compliance is at a facia level only; i.e., the annexation
petition on its face must include the recitations required by the statute, which it does.
The hearing on April 4, 2006, should this Resolution pass, will be held to determine if the
proposed annexation complies with the Colorado Revised Statutes and to establish
eligibility for annexation. Foley asked that a photograph be presented so as to make the
property in question easier to visualize. Moffet moved with Gordon seconding a motion
to approve. Representing the Vail Village Homeowners Association, Jim Lamont asked
for a detailed timeline of the annexation process to allow for public comment.
Representing Vail Resorts, Munsy Ayers Esq. explained the Resolution facilitated the
determination of whether the property was eligible to be annexed. The motion passed
unanimously, 7-0.
Hitt expressed concern the former British Petroleum service station property recently
acquired by Vail Resorts has become a construction staging area. Forrest reported he
would follow up.
2
. ;.
The eighth item on the agenda was the Town Manager's Report.
:• Lodging Occupancy Forecast.
Assistant Town Manger Pam Brandmeyer reported April bookings were beginning to
improve.
• Conference Center Proceeds Meetings.
Zemler announced roundtable discussions (20 people per topic session) hosted by the
Vail Town Council and Town Manager would be held in March to begin gathering ideas
for use of the $7.7 million in conference center funds. The meeting schedule is as
follows: Lodging Group, 3 to 5 p.m., March 8, Vail Golf Clubhouse; Neighborhood Group,
6 to 8 p.m., March 14, Vail Golf Clubhouse; General Public, 6 to 8 p.m., March 15, Vail
Town Council Chambers; Community Partners, 3 to 5 p.m., March 22, Vail Golf
Clubhouse; and Retail/Restaurant, 3 to 5 p.m., March 28, Vail Golf Clubhouse. The
roundtable discussions will be augmented by public solicitation of ideas via news
releases, Vail-Mail and the town's web site.
The ninth item on the agenda was an Executive Session, pursuant to: 1) C.R.S. § 24-6-
402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer or sale of property
interests and to determine positions, develop a strategy or instruct negotiators regarding
the disposition of real property. Conference with Attorney and receive legal advice on
specific legal questions. Re: Crossroads redevelopment project. Moffet moved to enter
executive session with Hitt seconding. The motion passed unanimously, 7-0. No
decisions were made.
The tenth item on the agenda was Adjournment. Moffet moved with Logan seconding a
motion to approve. The meeting adjourned at approximately 8:55.
Rodney E. Slifer, Mayor
ATTEST:
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orelei Donaldson, Town Clerk
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Minutes provided by Corey Swisher.
~• Vail Town Councii Evening Meeting Minutes
Tuesday, March 7, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Ruotolo
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Participation. Representing the Cardon
• Condominium Association, Wendy Gustafson and Bob Schwaiger questioned the safety
of a boulder retaining wall in West Vail, and asked for Council to investigate the matter.
Slifer reported the town would be involved in recognizing the local Olympic athletes at an
event later in the spring, likely to be held as part of a Wednesday night Street Beat
Concert.
The second item on the agenda was the Consent Agenda.
A. 02.07.06 & 02.21.06 Minutes.
B. Copper Mountain Fire Inter-Governmental Agreement.
Moffet moved to approve the consent agenda with Foley seconding. The motion passed
unanimously, 7-0.
The third item on the agenda was the East Meadow Drive Streetscape Construction
Contract. Public Works Director Greg Hall asked Council to approve a request by staff
to negotiate a construction contract for East Meadow Drive streetscape improvements
scheduled for 2006 and 2007. The Department of Public Works and Transportation
received preliminary pricing for the project from B&B Excavating Inc. and Weitz
Construction. According to Hall, preliminary pricing from both general contractors is
favorable to the town and consistent with the construction estimates and project budget.
Hall asked to return to Council on March 21 with a request to enter into a contract with
the successful general contractor. Moffet moved to approve the contract negotiation
• request with Gordon seconding. The motion passed unanimously, 7-0. Moffet did
• comment that installing snowmelt on East Meadow Drive is fiscally and environmentally
irresponsible. For more information, contact Hall at 479-2160.
The fourth item on the agenda was the Pine Beetle Mitigation Update. Cal Wettstein
and Phil Bowden (Wildland Fuels Fire Specialist) of the United States Forest Service
provided an overview of the pine beetle epidemic. Wettstein reported every lodge pole
pine in Grand and Summit County will be dead in the next few years. "We can't stop the
epidemic...Controlling the fire hazards created by this epidemic will require a
cooperative, comprehensive and long term approach." He then discussed a recent surge
in spruce beetle population. This beetle will primarily impact high-country forests and will
not affect homeowners to a large degree. The two were encouraged by the formation of
the Northern Colorado Bark Beetle Coalition. Bowden explained it would take 20-25
years for the trees to fall after they are dead. It would take an additional 20-25 years for
the forest to revegetate itself. He then described various fire hazards being created by
the dying trees. Gordon clarified that Vail is the only town in Eagle County with an active
forest fire mitigation program. He then said budgeting at $250,000 a year should not be
the driving issue behind the mitigation plan; it should be creating the right plan in the first
place. Wettstein clarified Vail Resorts would continue to treat dead trees within the ski
area boundary. Ruotolo and Zemler recommended a scan of the town's building code to
ensure the most fire retardant building standards are allowed to be utilized.
Representing the Vail Village Homeowners Association, Jim Lamont expressed outrage
and disgust over the lack of concern shown to the issue by the federal government. He
then asked Council to match fire mitigation dollars for exploration of a bio-mass plant.
Hitt asked if planting new trees would be beneficial. Wettstein said he would investigate
• the matter. Zemler thanked town Environmental Officer Bifl Carlson and Fire Technician
Tom Talbot for their assistance in development of an urban interface plan.
The fifth item on the agenda was the Town of Vail Vision and Community Plan:
Presentation and Interview with Design Workshop. Community Development Director
Russ Forrest reported that on February 21, the Town of Vail Community Visioning
Selection Committee interviewed four finalists from proposals received in response to
the scope of work soliciting assistance with the facilitation and development of the Town
of Vail Vision and Community Plan. The Committee identified the Design Workshop
team as the top candidate. Design Workshop has extensive experience working in
mountain resort communities on similar projects and has been highly successful at their
work. The proposal submitted to the town was exemplary and illustrated how Design
Workshop can bring knowledge and experience to the Vision and Community Plan
process. The Community Visioning Selection Committee recommended Council listen to
the presentation by Design Workshop, and ask any questions of the team and provide
feedback on the process. In addition, staff requested Council approve the budget
presented by Design Workshop. Representing Design Workshop, Pam Britton, Becky
Zimmerman and Rebecca Leonard introduced themselves and outlined their
professional experience. Zimmerman explained the group would investigate, "What
trends really mean to the town." They then reported resort communities are, "innovating,
repositioning and maximizing...Actionable vision is a matter of tradeoffs." Forrest said
the final product will be a strategic plan that goes from values to vision. Hitt asked how
the product would be different from Vail Tomorrow (a similar program undertaken in the
1990's). Forrest said Vail Tomorrow served its purpose, and perhaps many values, for
instance, will have remained the same. Moffet asked if Council had a leadership role in
• the process. Forrest stated Council would actively participate as an advisory group and
deal with specific action plans. "Also sharing notes about conflicts and opportunities
about actions....and really prioritizing action plans and finally approving them." Logan
emphasized the importance of the awareness level of the community for the process.
Foley moved to approve the budget of $125,100 and enter into an agreement with
Design Workshop. Logan seconded. The motion passed unanimously, 7-0.
The sixth item on the agenda was the Award of Construction Mitigation Funding. Public
Information Officer Suzanne Silverthorn reported during the 2006 budget process,
Council set aside $50,000 in the Town Manager's budget for the purpose of increasing
the viability of Vail's business community during the 2006 construction season. An
application process occurred in January with proposals from qualified applicants due
February 15. As part of the submission process, applicants were asked to explain how
their proposal addresses evaluation criteria developed by the town-appointed
Construction Mitigation Group:
• Creates excitement and energy.
• Creates potential for positive economic impact to the retail, restaurant and
lodging sectors of the community.
• Generates sustained visitation and interest by guests and locals.
• Enhances the guest experience.
• Incorporates matching funds, sponsorships partnerships.
• Complements other mitigation efforts implemented by Vail Commission on
Special Events, Vail Local Marketing District, Vail Chamber & Business
Association, Vail Valley Chamber & Tourism Bureau, Town of Vail, Vail Resorts
Development Company, etc.
• Includes a communications component to build local and guest awareness.
• Meets town permit process and construction staging requirements.
The Construction Mitigation Group met on February 16 and again on March 2 to review
four funding applications and to prepare a recommendation for Town Council funding
awards as follows:
• $16,000 to Resort Events Inc. for Busker Village activities in LionsHead (and
elsewhere where feasible) to be augmented by $30,000 awarded by the Commission
on Special Events for LionsHead-specific busker events.
• Up to $12,000 for local radio advertising (KZYR, KTUN, KSKE and JACK) with
specifics to be determined by the Construction Mitigation Group radio subcommittee.
:• $27,000 income guarantee to LMG Inc. for free or discounted climbing wall activities
in LionsHead with a minimum of $5,000 returned to the town via merchant
participation.
Additionally, the Construction Mitigation Group requests Council's support in
recommending consideration by the Commission on Special Events for additional
funding of the Busker Village activity to disperse the event more fully throughout Vail.
Representing LMG, Charlie Alexander said there is not enough space for a climbing wall
to be established in Sundial Plaza within LionsHead, as had been originally proposed.
Zemler said he would investigate other areas large enough to facilitate the climbing wall.
Logan moved to approve the recommendations with Ruotolo seconding. The motion
passed unanimously, 7-0. For more information, contact Silverthorn at 479-2115.
--Second Reading of Ordinance No. 5, Series of 2006, AN ORDINANCE
ESTABLISHING SPECIAL DEVELOPMENT DISTRICT (SDD) NO. 39, CROSSROADS,
• PURSUANT TO ARTICLE A, SDD, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN
CODE OF VAIL
• On January 23, 2006, 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 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of
the request to establish SDD No. 39, Crossroads, to the Vail Town Council. On February
7, 2006, Council approved the first reading of Ordinance 5, Series of 2006, by a vote of
4-3-0 (Logan, Foley, Slifer opposed). On February 21, 2006, Council tabled the second
reading of Ordinance 5, Series of 2006, by unanimous vote to the March 7, 2006,
hearing. The Community Development Department recommended Council table
Ordinance No. 5, Series of 2006, on second reading to the March 21, 2006 hearing.
Moffet moved with Hitt seconding. The motion passed unanimously, 7-0. For details,
contact Warren Campbell at 479-2148.
--Resolution No. 3, Series of 2006, a resolution amending certain portions of the Vail
Land Use Plan text and map to identify those properties regulated by the LionsHead
Redevelopment Master Plan, and setting forth details in regard thereto.
On February 7, 2006, the Community Development Department presented an
application to the PEC to amended certain portions of the Vail Land Use Plan text and
map to identify those properties regulated by the LionsHead Redevelopment Master
Plan. The PEC forwarded a recommendation of approval to Council by a vote of 6-0-0.
Forrest asked Council to table the item until 03.21.06. Moffet moved to table the item
with Hitt seconding. The motion passed unanimously, 7-0. For more information, contact
Warren Campbell at 479-2148.
--Town Manager's Report
• •'• TOV/VRD STEERING COMMITTEE FOR COMPREHENSIVE RECREATION
• MASTER PLAN
.;.
Assistant Town Manager Pam Brandmeyer reported staff met with the consulting firm
Greenplay the week of February 20 and would like to continue to work on the scope of
the assessment using a steering committee made up of two members from the Vaif
Recreation District (Michelle Hall and Scott Proper) and two members from Council,
along with appropriate staff. Staff asked for two Council members to volunteer to serve
in this capacity. Moffet and Gordon volunteered to participate on the committee.
--Adjournment.
Moffet moved to adjourn with Logan seconding. The motion passed unanimously, 7-0.
~'
Rodney E. Slifer, Mayor
ATTEST:
~ (i `
j ~ r
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
1
Vail Town Council Evening Meeting Minutes
Tuesday, March 21, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Ruotolo
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Participation. Bill Weiss appeared before the
• Council and offered concerns about the town's height calculations. Slifer responded by
saying the Council would be discussing the issue at an upcoming work session.
The second item on the agenda was Board Appointments. There were 4 vacancies for
Planning and Environmental Commission, 3 vacancies for Design Review Board and 2
vacancies for Art in Public Places. The town received 5 applications for the PEC; 5
applications for the DRB vacancies and 3 applications for AIPP. Incumbent members of
the PEC, DRB, and AIPP are noted by asterisks below. Also, Nancy Sweeney had
served two terms on the AIPP and would only be able to serve an additional two years
out of the three year term if reappointed due to eight year term limits. It was requested
Council interview each applicant at the work session and then appoint four applicants to
the PEC; three applicants to the DRB and two applicants to the AIPP at the evening
meeting.
The applicants were as follows:
PEC:
DRB:
AIPP:
Dick Cleveland Mike Dantas Dorothy Browning
Anne Fehlner-Gunion* William DesPortes Gussie Ross"
Roland Kjesbo* Peter Dunning* Nancy Sweeney"`
William Pierce Pamela Hopkins
Gwendolyn Scalpello Margaret Garvey Rogers
Hitt moved to appoint Dick Cleveland, Anne Gehlner-Gunion, Roland Kiesbo and William
. Pierce to the PEC, with Moffet seconding. The motion passed unanimously, 7-0.
Hitt moved to appoint Peter Dunning and Margaret Rogers to the DRB, with Moffet
seconding. The motion passed 6-1, with Foley opposed.
After a second re-balloting Hitt moved to appoint Mike Dantas to the DRB with Foley
seconding. The motion passed unanimously, 7-0.
Hitt moved to appoint Dorothy Browning and Nancy Sweeney to the AIPP board, with
Gordon seconding. The motion passed unanimously, 7-0.
The third item on the agenda was the Consent Agenda.
a) Approval of Red Sandstone Elementary School Lease.
Moffet moved with Hitt seconding a motion to approve. The motion passed
unanimously, 7-0.
The fourth item on the agenda was the Gore Creek Promenade Pedestrian Bridge
Replacement Discussion. Moffet moved with Logan seconding a motion to table the
item until the April 4 meeting. The motion passed 6-1, Gordon opposed.
The fifth item on the agenda was East Meadow Drive Streetscape. Award of bid to B&B
Excavating. The Department of Public Works and Transportation completed
negotiations for the East Meadow Drive Streetscape improvements with B&B Excavating
Inc. and Weitz Construction. Staff determined the construction costs and contract terms
• provided by B&B Excavating are the most favorable for the town. Staff requested
permission from Council to enter into a construction contract with B&B Excavating for an
amount not to exceed $4,288,111.
The comparison of proposed costs is broken down as follows:
B&B Excavatinq Weitz Comoanv
Base Bid $3,953,611 $4,041,745
Boiler Room Allowance $ 250,000 $ 250,000
3rd Boiler $ 84.500 $ 75.000
Total $4,288,111 $4,366,745
Difference = $78,634 in favor of B&B Excavating.
Through negotiation both contractors required two construction seasons to complete the
streetscape work from Vail Road to the west property line of Crossroads. Currently,
without a commitment from the private property owners, work in the right-of-way will
begin in the spring with utility trench and snowmelt mains. Finished streetscape
improvements in the right-of-way and on private property would be completed in the fall.
The two year budget for streetscape improvements on East Meadow Drive, between Vail
Road and Slifer Square, is $5,600,000. The overall construction costs to the TOV were
projected to be within budget because of the substantial developer and private property
reimbursements. Moffet stated he would vote against the award of the bid as he did not
support heating East Meadow Drive. Foley moved with Hitt seconding a motion to
approve. The motion passed 5-2, with Moffet and Gordon opposed.
•
The sixth item on the agenda was ORDINANCE NO. 7, SERIES 2006, AN
ORDINANCE PROVIDING CERTAIN TEXT AMENDMENTS TO TITLE 8, CHAPTER 1,
VAIL TOWN CODE, REGARDING USE OF THE PUBLIC WAY.
On March 7 at the Council work session town staff proposed to change the Public Way
permit fee schedule from a flat fee to a rate schedule that is relative to the impact of the
street cut or use of the Public Way. The proposal included not only charging a fee for
street cuts but also for use and occupancy of the Public Way (i.e., construction staging)
and provided fee schedules for both construction season and non-construction season.
In order to accomplish this in accordance with town code, staff is requesting a text
amendment to Title 8 chapter 1 of the Town Code to facilitate the change in fee
structure, along with cleaning up some inconsistencies that are in Title 8-1. Moffet
moved with Newbury seconding a motion to approve.,The motion passed unanimously,
7-0.
The seventh item Second Reading of Ordinance No. 5, Series of 2006, AN
ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39,
CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD)
DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL
On January 23, 2006, the Town of Vail PEC held a public hearing on a request to
establish Special Development District No. 39, Crossroads. The purpose of the new
Special Development District is to facilitate the redevelopment of Crossroads, located at
141 and 143 Meadow Drive. Upon review of the request, the PEC voted 5-2-0 (Viele and
Lamb opposed) to forward a recommendation of approval of the request to establish
'~ SDD No. 39, Crossroads. On February 7, 2006, Council approved the first reading of
Ordinance 5, Series of 2006, by a vote of 4-3-0 (Logan, Foley, Slifer opposed). On
• March 7, 2006, Council tabled the second reading of Ordinance 5, Series of 2006, by
unanimous vote to the March 21, 2006. During the public comment period, Sheika
Gramshammer asked that digital images of the project presented during the meeting be
published in the Vail Daily to show the vast deviation from the existing structure. Anne
Reilly Bishop, representing Village Inn Plaza Phase III, reported an agreement had been
made with the developer to provide large trees, water feature, etc. between the
proposed project and existing structures. Jonathon Staufer spoke against the proposal.
Kel Percell and Laura Lynn spoke in support of the project. Greg Beamis questioned the
lack of a lighting plan, potential noise pollution and questioned where the Zamboni would
be stored. Representing the Vail Village Homeowners Association, Jim Lamont
questioned language that could be misinterpreted/substituted in the Developer
Improvement Agreement (DIA). Council emphasized that the execution and recording of
the DIA will be finalized before the building permit is submitted. Moffet moved to adopt
the ordinance with the suggested changes to the DIA with the DIA being executed prior
to submittal of a building permit. Gordon seconded the motion. Logan said, "SDD's are
quite special...lt is time we de-politicize the process with SDD's and impose significant
restrictions... (feel like one of the Indians who sold Manhattan Island for a couple of
bags of beads and a sack of potatoes because that's the deal the Town of Vail is getting
tonight." Moffet explained the developer would have high construction costs,
subsequently cutting into the project's profitability. Hitt said, "I think this does help
families stay in VaiI...There is not much to do in VaiI...You are either going to be
drinking or going up skiing in Vail today." Gordon thanked his fellow Council members
because they worked together on creating a document, "We can all be proud of." Foley
said he would vote against the project due to 11.5 ft. floor plates in the project, possibly
• setting a precedent. He also said, "Employee housing is woefully inadequate and the
height, bulk and mass doesn't fit in with the neighborhood." Slifer expressed extreme
• concern regarding the upzoning involved in the proposal. "The project was not
developed in the spirit of community." The motion passed 4-3, with Slifer, Foley and
Logan opposed.
The eighth item on the agenda was Resolution No. 3, Series of 2006, a resolution
amending certain portions of the Vail Land Use Plan text and map to identify those
properties regulated by the LionsHead Redevelopment Master Plan. Campbell reported
on February 13, 2006, the Community Development Department presented an
application to the PEC to amend certain portions of the Vail Land Use Plan text and map
to identify those properties regulated by the LionsHead Redevelopment Master Plan.
The Commission forwarded a recommendation of approval to Council by a vote of 6-0-0.
Moffet moved with Newbury seconding a motion to approve. Hitt questioned easement
rights granted to "the bridge to nowhere." Representing the Vail Village Homeowners
Association, Jim Lamont thanked staff for making corrections. The motion passed 5-2,
with Foley and Hitt opposed.
The ninth item on the agenda was the Town Manager's Report. Nothing was reported.
The tenth item on the agenda was Adjournment. Moffet moved to adjourn with Hitt
seconding. The motion passed unanimously, 7-0, at approximately 9:25 p.m.
/~~ ~.~~.
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Rodney E. Slifer, Mayor
ATTEST:
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Minutes provided by Corey Swisher.
Vaii Town Councii Evening Meeting Minutes
Tuesday, April 4, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Mark Gordon
Kevin Foley
Not Present: Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Participation. Andy Wiessner stated
• dissatisfaction with the Tipsline section of the Vail Daily in which public officials are
targets for criticism and attacks by anonymous callers.
Bill Jewitt complimented George Lamb for 18 years of public service on town boards,
most recently with the Planning and Environmental Commission.
Kevin Foley offered the family of the deceased Peter Apostol community condolences.
Jay Peterson thanked town staff for its diligent assistance in facilitating the opening of
the Tivoli Lodge. Slifer then encouraged everyone to stop by and tour the newly rebuilt
family-owned hotel.
The second item on the agenda was the Consent Agenda.
A. Approval of March 7, 2006 and March 21, 2006 Minutes.
Moffet moved to approve the minutes with two changes identified in the work session.
The motion was seconded by Foley. The motion passed 6-0.
The third item on the agenda was an Olympic Proclamation honoring Toby Dawson
Lindsey Kildow and Sarah Schleper. Moffet moved to approve the proclamation with Hitt
seconding. The motion passed 6-0.
The fourth item on the agenda was an Eagle County Growth Forecast Presentation.
• Eagle County Commissioner Peter Runyon introduced County Administrator Bruce
3
~~ Baumgartner. He then reported Eagle County's population doubled in the 1970s, then
again in the 1980s. "The population is now around 50,OOO...the state demographer says
the population will be around 90,000 in 2030...Growth is a part of our future." He then
explained "Baby Boomers" bring wealth to a community, simultaneously creating
housing demand pressure. He did emphasize growth has created many economic and
social benefits for the region. A point of concern was reported to be that community
interests and tastes are evolving and that what has worked in the past will not work in
the future. Runyon posed several questions, including:
• What will our future demographic mix be?
• Where will they live?
• What services will they demand and require?
• Will there be limits on the resources?
He also described population trends caused by the historical westward migration as well
as immigration pressures. "We (Eagle County Commissioners) believe it's the role of
local and county governments to prepare for and manage responsible growth...We need
to balance property rights with the protection of the community's quality of Iife...We
believe the only way for Eagle County to be truly effective in managing growth is to work
in close cooperation with municipalities." Representing the Vail Village Homeowners
Association, Jim Lamont questioned the county's actions in the past regarding
population growth. Gordon thanked the two county officials for their presence.
The fifth item on the agenda was Eagle County Trails (ECO). ECO Board Member Dick
• Cleveland reported over the past several years the degradation of the recreation path
over Vail Pass has been an ongoing issue. "ECO Trails has been working with Colorado
Department of Transportation (CDOT) to address the issue. We are asking for support
from local communities that all benefit from the path's existence." Cleveland then asked
Council to join other local entities in requesting that two areas of unsafe conditions on
the Vail Pass Recreation path be immediately addressed by CDOT. "We are asking that
the Mayor be authorized to sign the attached letter on behalf of the TOV." Moffet moved
to support the action with Foley seconding. The motion passed 6-0.
The sixth item on the agenda was the Booth Creek Controlled Burn Update. Fire Chief
John Gulick reported Vail Fire and U.S. Forest Service (USES) have been cooperatively
working together on the "Booth Creek Prescribed Burn" since March, 1998. In April,
2004 the town entered into a Memorandum of Understanding with the USES to complete
Unit # 6, which is primarily town-owned land of approximately 22 acres. This unit
consists of grass, sagebrush and other shrub components proposed for ignition by fire
crews on the ground, when conditions meet prescription requirements and surface fuels
are dry. The proposed burn area is bordered by rock cliffs above and the South Frontage
Road below, east of Vail Mountain School. A spring burn is preferred, due to the
receding snow line. USES Wildfire Specialist Phil Bowden stated his organization would
offer supplemental fire suppression crews. Council agreed to support the prescribed
burn.
The seventh item on the agenda was the First Reading of Ordinance No. 8, Series of
2006, an Ordinance making Supplemental Appropriations to the Town of Vail General
Fund, Capital Projects Fund, Real Estate Transfer Fax Fund, Heavy Equipment Fund,
• and Dispatch Services Fund of the 2006 Budget for the Town of Vail, Colorado. During
' discussion of this item, Moffet suggested that a future work session item be planned to
• discuss adding to the potential uses of Real Estate Transfer Tax funds. He suggested
Council consider using the funds to mitigate the environmental impact of global warming.
He also suggested Council consider signing a proclamation committing to abide by
environmental guidelines set forth in the Kyoto Treaty. The Kyoto Treaty was ratified by
140 nations, with some notable exceptions. Signatory countries are legally committed to
meeting emissions targets by 2012. The United States did not sign the treaty and any
town action would only be symbolic. Moffet then expressed displeasure with the
proposed heating of Meadow Drive. "Using a gas boiler is foolhardy in the extreme."
Gordon echoed Moffet's comments and encouraged the use of wind energy. Moffet
moved to approve the ordinance with Gordon seconding. The motion passed 6-0.
The eighth item on the agenda was the First Reading of Ordinance No. 10, Series of
2006, an ordinance repealing and re-enacting Chapter 12-20, Annexed Areas, Vail Town
Code, to amend the process for zoning district determination of annexed areas. Moffet
moved with Hitt seconding a motion to approve the ordinance. The motion passed 6-0.
The ninth item on the agenda was the Second Reading of Ordinance No. 7, Series
2006, an Ordinance Providing Certain Text Amendments to Title 8, Chapter 1, Vail Town
Code, Regarding Use of the Public Way. On March 21, Council approved on First
Reading Ordinance No. 7 Series 2006 an ordinance providing certain text amendments
to Title 8, Chapter 1, Vail Town Code, regarding use of the Public Way. Moffet moved
with Hitt seconding a motion to approve the second reading the ordinance. The motion
passed 6-0.
• The tenth item on the agenda was Resolution No. 5, Series of 2006, Public Way Fee
Schedule. At the March 7 Council work session, staff proposed to change the public way
permit fee schedule from a flat fee to a rate schedule that is relative to the impact of the
street cut or use of the public way. The proposal included not only charging a fee for
street cuts but also for use and occupancy of the public way (i.e. construction staging)
and provided fee schedules for both construction season and non-construction season.
In order to accomplish this in accordance with Town Code, staff requested Council
approve this new public way fee schedule by resolution. Moffet moved with Gordon
seconding a motion to approve. The motion passed 6-0.
The eleventh item on the agenda was Resolution No. 6, Series 2006, A Resolution of
the Town Council of the Town of Vail Setting Forth Findings of Fact and Conclusions
Regarding Annexation Eligibility. At the regular meeting on February 21, 2006, Council
adopted Resolution No. 2, Series of 2006, finding the Petition for Annexation is in
substantial compliance with C.R.S. § 31-12-107(1) and setting a public hearing to
determine if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105
or such parts thereof as may be required to establish eligibility for annexation. This
Resolution required Council to make the formal findings set forth in this Resolution No.
6, that the parcel of land proposed to be annexed as set forth in the Petition for
Annexation is eligible for annexation to the Town of Vail. Due to a predetermined conflict
of interest (affiliations with Vail Resorts), Slifer and Gordon recused themselves from the
item and left the Council chambers. Gordon emphasized he was an hourly wage, front
line Vail Resorts employee and would be hesitant to recuse himself in the future. Moffet
moved to approve the resolution with Logan seconding. The motion passed 4-0. The
• resolution established the parcel met statutory criteria for annexation.
The twelfth item on the agenda was the First Reading of Ordinance No. 11, Series
• 2006, An Ordinance of the Town of Vail Annexing Certain Real Property To the Town of
Vail. On February 14, 2006, The Vail Corporation filed with the Town Clerk for the Town
of Vail a Petition for Annexation requesting that the Town Council of the Town of Vail
commence proceedings to annex to the Town of Vail a certain parcel of land located in
Section 8, Township 5 South, Range 80 West, of the 6th Principal Meridian, County of
Eagle, State of Colorado, the approved final legal description of which is set forth as
Exhibit A in this Ordinance No. 11 (the "Annexation Property"). The Town Council, by
Resolution No. 6, Series of 2006, also determined with regard to the Petition for
Annexation for the Annexation Property: (i) the applicable requirements of
C.R.S. §§ 31-12-104 and 31-12-105 have been met; (ii) an election is not required under
C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be
imposed on the annexation of the Annexation Property; and (iv) the Annexation Property
is eligible for annexation to the Town of Vail. Accordingly, this Ordinance 11 operated to
annex the Annexation Property to the Town of Vail. Due to a predetermined conflict of
interest (affiliations with Vail Resorts), Slifer and Gordon recused themselves from the
item and left the Council chambers. Moffet moved to approve the ordinance with Foley
seconding. The motion passed 4-0.
The thirteenth item on the agenda was the Town Manager's Report. Stan Zemler
reported Gordon and Moffet will serve as Council representatives on the soon-to-be-
formed Economic Advisory Council.
The fourteenth item on the agenda was Adjournment. Moffet moved to adjourn with
Foley seconding at approximately 7:35 p.m. The motion passed, 6-0.
•
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Rodney E. Slifer, Mayor
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Lorelei Donaldson, Town Clerk ~ •
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Minutes provided by Corey Swisher.
4
• Vail Town Council Evening Meeting Minutes
Tuesday, April 18, 2006
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
Farrow Hitt, Mayor Pro-Tem
Greg Moffet
Kim Newbury
Mark Gordon
Kevin Foley
Not present: Kent Logan
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
• The first item on the agenda was Citizen Participation.
Steve Rosenthal, owner of Colorado Footwear said he believed the recent Street Beat
Concert Series was extremely successful.
Randy Guierro suggested the town purchase the current location of the Roost Lodge.
He specifically recommended the western portion of the parcel. He said he believed the
eastern portion of the parcel would better facilitate the taller tower of the proposed
Marriott Residence.
The second item on the agenda was appointments to the Vail Local Licensing Authority
(LLA) and Vail Local Housing Authority (VLHA) boards.
LLA
Alf applicants to the LLA must be citizens of the United States, qualified electors of the
Town of Vail, and have resided in the Town of Vail 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.
There were two vacancies on the LLA. The Town received four (4) applications for the
vacancy. The applicants were:
• Kaye Ferry"' Robert McKown*
Connie Knight Bryant Roth
*Incumbent board members
Hitt moved to appoint Kaye Ferry and Robert McKown to the LLA with Foley seconding.
The motion passed unanimously, 6-0.
VLHA
Applicants must be full-time, year-round residents of Eagle County who either are
residents of the Town of Vail or work for a business holding a Town of Vail business
license. Authority members must have a proven ability to be an effective advocate for a
full range of housing projects and be able to promote a vision for local employee housing
that has been approved of by the majority of the Authority.
The role of Authority members is to act as Board of Directors for the business of the Vail
Local Housing Authority. The duties may include Budget Approval, Adopting Policies,
Advocacy, Staff Oversight, Strategic and Long-Term Planning, Setting Development and
Acquisition Parameters and potentially managing the existing Town of Vail deed-
restricted housing inventories.
Technical experience in one of the following areas was also desirable: Financing of
Large Projects, Development, Construction/Construction Management, Planning,
Design, or Legal.
• The applicant was:
Mark Ristow*
*Incumbent board member
Hitt moved to appoint Mark Ristow to the VLHA. Newbury seconded. The motion
passed unanimously, 6-0.
The third item on the agenda was the Gore Creek Promenade Pedestrian Bridge
Replacement.
A. Pedestrian Bridge Replacement
Project Manager Gregg Barrie explained an evaluation of the bridge indicated that it is
under designed for its intended use. Alternatives have been discussed in depth with
Council and included full removal of the bridge, partial removal of bridge components,
and replacement of the bridge structure on the existing abutments. At the April 4, 2006,
Council Work Session, Council directed staff to proceed with replacement of the bridge
structure on the existing abutments.
Alternatives were considered in conjunction with proposed improvements to the
Whitewater Park. Design work is continuing on the Whitewater Park and staff will return
in the near future for additional direction on that project.
' B. Artwork for Pedestrian Bridge
• Barrie reported this project was originally brought to Council and approved in 2002;
however, modifications have been made to keep within budget. A jury composed of Vail
residents chose the artist. The current proposal combines eight art panels with traditional
spindles. The panels depict Vail recreational activities and are made of layered
perforated stainless steel. Art in Public Places voted unanimously to approve the artwork
shown in the attached drawings. The board is working with the artist to finalize
construction details. AIPP approved spending up to $30,000 on the project.
Barrie then requested three items:
1. Increase the Pedestrian Bridge Project budget by $170,000 to $295,000.
2. Authorize the Town Manager to enter into a contract with B & B Excavating, Inc. to
construct the Gore Creek Promenade Pedestrian Bridge Replacement Project in the
fall of 2006 in conjunction with the Village Streetscape Improvements.
3. Approve the AIPP expenditure of up to $30,000 for the artistic railing panels. (Item B
below)
Moffet moved to approve Barrie's three requests with Gordon seconding. The motion
passed unanimously, 6-0.
The fourth item on the agenda was the first reading of Ordinance No. 9, Series of 2006,
• an ordinance repealing and re-enacting Ordinance 2, Series of 1997, Flaum -The Valley
Phase V, Special Development District (SDD) No. 34, amending and reestablishing SDD
No. 34, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code,
to allow for a major amendment to SDD No. 34, Flaum -The Valley Phase V, to increase
the allowable gross residential floor area for (GRFA) employee housing units (EHUs)
and associated garages within the district. Senior Planner Warren Campbell explained
on March 27, 2006, the PEC voted 6-0-0 (Viele absent) to forward a recommendation of
approval for a proposed amendment to SDD No. 34, Flaum -The Valley Phase V, to the
Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town
Code, to allow for the increase in the allowable GRFA for EHUs within the District from
500 square feet to 850 square feet and to increase the allowable size of the EHU garage
from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr
Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto.
Moffet moved to adopt the ordinance with Newbury seconding. The motion passed
unanimously, 6-0.
The fifth item on the agenda was Emergency Ordinance No. 13, Series of 2006:
Moratorium on new planning applications in the Lionshead Mixed Use 1 and 2 zone
district which consider a net loss in accommodation units, employee housing units, and
parking. Mire explained upon review of the Lionshead Mixed Use 1 and 2 Zone District,
staff concluded it was possible for a existing hotel to be demolished and redeveloped as
a condominium project. This could have resulted in the net loss of hotel rooms which is
counter to the established policy of the Town and the Lionshead Redevelopment Plan
which provides for the creation and retention of "live" rooms. Furthermore, the
• Lionshead Redevelopment Master Plan stipulates there shall be no net loss of parking
spaces and employee housing units (EHUs). This was however not codified and staff
• felt the policy should be incorporated into Title 12 to ensure clarity and enforcement of
this policy. The purpose of this emergency ordinance is to prevent application of any
new development project in the Lionshead Mixed Use 1 or 2 zone districts which would
propose a net loss in hotel rooms, parking, or employee housing units within 60 of the
approval of Ordinance 13, Series of 2006 while an amendment is being considered to
affect the above mentioned changes. An application was made on April 5, 2006 by the
Town of Vail to amend the Lionshead Mixed Use 1 and 2 Zone District along with
amending the Lionshead Redevelopment Master Plan. Within that 60 day time period,
the town would propose amendments to the above mentioned zone districts and the
Lionshead Redevelopment Master Plan. Moffet moved to approve the ordinance with
Newbury seconding. Due to a predetermined conflict of interest, Slifer recused himself
from the item and left the Council Chambers. One of the owners of the Best Western,
Estaquio Cortina said he believed the ordinance was targeted to limit his development
rights as he bought the hotel for its redevelopment potential. Mara Kleinschmidt, Mr.
Cortina's legal representative, clarified when Cortina became owner of the property.
She then argued the town was guilty of granting special privilege and not appropriately
addressing why the ordinance was an emergency. "There is not doubt this ordinance
will cause irreparable and permanent damage to my client." At the advice of Mire, Moffet
amended his motion to change the term hotel rooms in the ordinance to accommodation
units. The motion and second was then amended. Foley said he was on Council when
the Lionshead Master Plan was approved and the intent of the document was to not lose
any hotel rooms. Co-Best Western owner Alejandro Diaz clarified he would have the
opportunity to discuss the ordinance in the future. Representing the Vail Village
Homeowner's Association, Jim Lamont asked for an accounting of why an "oversight"
such as the potential loss of accommodation units had been overlooked. The motion
. passed unanimously, 5-0.
The sixth item on the agenda was the SECOND READING OF ORDINANCE NO. 8,
SERIES OF 2006, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS
TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL
ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, AND DISPATCH
SERVICES FUND OF THE 2006 BUDGET FOR THE TOWN OF VAIL, COLORADO;
AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS. Finance
Director Judy Camp thanked Budget Analyst Gina Bentz for all of her diligent work
during her career at the Town of Vail. She then introduced Kathleen Halloran as
Manager of Budgets and Financial Reporting. Camp then explained the supplemental
budget had not changed since the first reading of the ordinance other than the inclusion
of the Wendy's property purchase price. Moffet expressed concern the heating of
Meadow Drive would generate additional green house gases. "1IVe need to look at how
we do business and decide if we want to become a heck of a lot more environmentally
sensitive." Zemler clarified the town was conducting a recycling study, purchasing wind
power and exploring the possibility of a feasibility study for a bio-mass energy plant.
Moffet then suggested a full energy audit be performed on the town. Slifer encouraged
looking at the feasibility of utilizing solar energy. Hall said the boilers to be used to heat
Meadow Drive could be modified to use energy other than natural gas. Moffet moved to
approve the motion with Gordon seconding. The motion passed unanimously, 6-0.
The seventh item on the agenda was the Second reading of Ordinance No. 10, Series
of 2006, an ordinance repealing and re-enacting Chapter 12-20, Annexed Areas, Vail
Town Code, to amend the process for zoning district determination of annexed areas.
4
• Mire reported on March 10, 2006, the PEC voted 6-0-0 (Viele absent) to forward a
recommendation of approval for a proposed text amendment to the Vail Town Code.
On April 4, 2006, the Vail Town Council approved first reading of Ordinance No. 10,
Series of 2006 as read. Moffet moved to approve with Hitt seconding. The motion
passed unanimously, 6-0.
The eighth item on the agenda was second reading of Ordinance No. 11, Series 2006,
An Ordinance of the Town of Vail Annexing Certain Real Property to the Town of Vail.
On February 14, 2006, The Vail Corporation filed with the Town Clerk for the Town of
Vail a Petition for Annexation requesting that the Town Council of the Town of Vail
commence proceedings to annex to the Town of Vail a certain parcel of land located in
Section 8, Township 5 South, Range 80 West, of the 6`h Principal Meridian, County of
Eagle, State of Colorado, the approved final legal description of which is set forth as
Exhibit A in this Ordinance No. 11. (the "Annexation Property"). The Town Council, by
Resolution No. 6, Series of 2006, also determined with regard to the Petition for
Annexation for the Annexation Property: (i) the applicable requirements of
C.R.S. §§ 31-12-104 and 31-12-105 have been met; (ii) an election is not required under
C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be
imposed on the annexation of the Annexation Property; and (iv) the Annexation Property
is eligible for annexation to the Town of Vail. Accordingly, this Ordinance 11 shall
operate to annex the Annexation Property to the Town of Vail. Mire explained the
property transfer would close on April 26. Moffet moved to table the item until May 2,
2006 with Newbury seconding. Representing Vail Resorts, Jay Peterson said there was
no longer litigation involving the property. The motion passed unanimously, 6-0.
The ninth item on the agenda was Resolution No. 12, Series 2006, A Resolution
Approving the Purchase of Land in the Town of Vail Commonly known as Parcel No.
210311415019 by the Eagle County Assessor's Office, and Legally Described as Parcel
A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 1, Town of Vail,
Eagle County, Colorado. Council considered it in the interest of the public health, safety
and welfare to purchase the real property and improvements thereon with the physical
address of 2399 N. Frontage Road, Vail, Colorado, commonly known as Parcel No.
210311415019 by the Eagle County Assessor's Office, and legally described as Parcel
A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing ~No. 1, Town of Vail,
Eagle County, Colorado (the "Property"). Mire explained approval of Resolution No. 12,
Series 2006, was required to purchase the Wendy's parcel and the town was under
contract. Moffet moved to adopt the resolution with Gordon seconding. During a pause
for public comment, Bill Jewitt asked Council to consider moving the town offices to the
Chamonix (Hud-Wirth) site and sell the parcel the present town offices set on. Gordon
explained this was a great opportunity for the town. The motion passed unanimously, 6-
0.
The tenth item on the agenda was the Raw Water Conversion Project -
Intergovernmental Agreement. Public Works Director Greg Hall asked Council to
authorize the Town Manager to enter into the agreement with the Eagle River Water and
Sanitation District (ERWSD). The Town of Vail and the ERWSD, in November of 2003,
jointly completed a feasibility study investigating the conversion of the irrigation systems
in Ford Park and Donovan Park from treated water to raw water supply. Having found
the work and finances to be feasible, the District has prepared construction documents
and has hired a contractor to perform the work. The cost of the work to be paid by the
District is $396,210.65. The cost of construction is to be reimbursed to the District by the
town over a 20 year period through the water rates paid by the town. All pumping and
filtration equipment will be owned and maintained by the District. The conversion to raw
water will decrease the overall cost of water for these two parks and will decrease the
treatment costs for the District. The savings to the town varies year to year within the 20
year period and is projected to be $10,000 the first year and $20,000 at year 20. Moffet
moved with Foley seconding a motion to table the IGA until May 2, 2006. The motion
passed unanimously, 6-0.
The eleventh item on the agenda was the Town Manager's Report. There was nothing
reported.
The twelfth item on the agenda was Adjournment. Moffet moved to adjourn with Gordon
seconding at approximately 7:15 p.m. The motion passed unanimously, 6-0.
~)
Rodney E. Slifer, Mayor
ATTEST,: .
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Lorelei Donaldson, Town Cferk
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Minutes provided by Corey Swisher.
6
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• Vail Town Council Evening Meeting Minutes
Tuesday, May 2, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Newbury
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
• Lou Meskkimen asked Council to investigate a community composting program.
Rick Scalpello, on behalf of the Vail Farmer's Market, explained the quantity and
diversity of vendors at the market would significantly increase in 2006. He said the
markets would occur every Sunday from June 18 through September 24. He then asked
Council to discontinue streetscape construction on June 18 and after Labor Day through
the end of September.
Merv Lapin expressed general unhappiness with the Special Development District
process and requested Council convene a task force to review the process.
The second item on the agenda was the presentation of the 2006 Youth Recognition
Award Winners. Scott O'Connell, President of the Vail Valley Exchange, stated he had
successfully hosted many groups from Mansfield / Mt. Buller, Australia, throughout the
winter. He then presented the Vail Youth Recognition Award ($1,000 scholarship) to
Battle Mountain High School student Kimberley Anne Corwin. Vail Mountain School
student Leilani Bruntz also won the award but was unable to be in attendance. O'Connell
then thanked Council for their continued support of the program.
The third item on the agenda was the Consent Agenda.
a. Approval of 04.04.06 and 04.18.06 minutes.
Moffet moved to approve the minutes without amendments. Foley seconded. The
• motion passed unanimously, 7-0.
3
• The fourth item on the agenda was a Tax Collection Overview. County Treasurer /
Public Trustee Karen Schaeffer provided a revenue collection history for Eagle County
and the Town of Vail. She then asked Council to feel free to contact her if they had any
questions or problems regarding tax collection. Gordon thanked Schaeffer for helping to
increase the dialogue between Eagle County and the Town of Vail.
The fifth item on the agenda was a Construction Update. Public Works Director Greg
Hall reported construction had begun on Mill Creek Court, Gore Creek Promenade,
Meadow Drive and Vail Road, with all including both streetscape and utility work.
"Meadow Drive bus service will be discontinued until the construction is
complete...Streetscape improvements around the Arrabelle at Vail Square site have also
begun."
The sixth item on the agenda was Proclamation No. 2, Series of 2006. A proclamation
recognizing Adam Aron for his contributions to the Town of Vail while CEO of Vail
Resorts. After Slifer introduced Aron, Hitt read the proclamation honoring Aron's
accomplishments. Aron said, "This has been a love of mine for the past ten years...)
may go elsewhere but my heart will always be in the Vail Valley...The citizens should be
proud of what the mayor and town council have done for them." Zemler then presented
Aron with an official town manhole cover.
The seventh item on the agenda was a presentation of Certificate of Sufficiency,
certifying as sufficient the Referendum Petition for the Town Council's reconsideration of
Ordinance No. 5, Series 2006, an Ordinance Establishing Special Development District
• No. 39, Crossroads, Pursuant to Article A, Special Development (SDD) District, Chapter
9, Title 12, Zoning Title, Town Code of Vail. Town Attorney Matt Mire reported the
petition was submitted to the town on April 20, 2006, as required by referendum
procedures outlined in the Vail Town Charter and state statute. Now the petition has
been deemed sufficient, Council will be required to consider repeal of Ordinance No. 5,
Series of 2006, which established a new SDD for Crossroads. This consideration has
been scheduled for the June 6 evening meeting. If Council fails to repeal the ordinance
by athree-fourths majority (6-1), the matter would then be referred to Vail's electorate in
a special election set by the Vail Town Council. The tentative date for such an election is
July 11. If the matter is referred to the voters and Vail's electorate repeals the ordinance
by a majority vote, the Crossroads SDD would be invalidated. Or, if voters reject repeal
of the ordinance, the SDD would remain in place as approved by the Town Council with
construction scheduled to begin in spring 2007.
The eighth item on the agenda was a request to proceed through development review.
The applicant, Lancelot Restaurant, represented by Werner Schad), requested
permission to proceed through the development review process with a proposal
involving Town of Vail owned property. Forrest explained the applicant, Lancelot
Restaurant, requested to proceed through the development review process with a
proposal to remove trees on the Gore Creek Promenade. The Gore Creek Promenade
is owned by the town, and Council serves in the role of "property owner" for this site.
Therefore as the property owner, Council must consent to the applicant proceeding
through the town's development review process with this proposal. The Community
Development and Public Works Departments recommended Council approve the
• applicant's request to proceed through the development review process. Moffet moved
to approve the request with Foley seconding. The motion passed unanimously, 7-0.
Please note Council approval of the applicant's request does not constitute an explicit
• approval of the proposed improvements; it only authorizes the applicants to proceed
through the town's development review process.
The ninth item on the agenda was a Raw Water Conversion Project -
Intergovernmental Agreement (IGA). Greg Hall reported the town and Eagle River Water
and Sanitation District, in November of 2003, jointly completed a feasibility study
investigating the conversion of the irrigation systems in Ford Park and Donovan Park
from treated water to raw water supply. Having found the work and finances to be
feasible, the District prepared construction documents and hired a contractor to perform
the work. The cost of the work to be paid by the District is $396,210.65. The cost of
construction is to be reimbursed to the District by the town over a 20 year period through
the water rates paid by the town. All pumping and filtration equipment will be owned and
maintained by the District. The conversion to raw water will decrease the overall cost of
water for these two parks and will decrease the treatment costs for the District. The
savings to the town varies year to year within the 20 year period and is projected to be
$10,000 the first year and $20,000 at year 20. Work is scheduled to begin in September
to avoid high water during spring run off. Moffet moved to enter into the IGA with
Newbury seconding. The motion passed unanimously, 7-0.
The tenth item on the agenda was a funding request for rational nexus studies for both
commercial and residential linkage that would be the foundation for potentially adopting
additional employee housing mitigation strategies. Russ Forrest reported on April 18
staff made a presentation regarding numerous employee housing mitigation strategies
Council may choose to adopt. "In order to codify commercial linkage and/or add
• residential linkage, the Town of Vail will legally need to have a current rational nexus
study." The authorization of dollars for the studies will allow the town to engage RRC's
services to complete the nexus studies. The studies will take up to ten weeks to
complete. Forrest recommended allocating $18,500 from the Affordable Housing Buy
Down Program to pay for the completion of both a commercial and residential rational
nexus studies. A general trend in the state courts has been to require a "rational nexus"
between the fee and the needs created by development and the benefits incurred by the
development. This analysis is a moderate position between a standard that requires the
fee be "specifically and uniquely attributable" to the needs created by new development.
Gordon questioned a recommendation made by a local planning consultant regarding
the use of RRC. Forrest stated RRC understands this information "better than anyone
else." Moffet moved to reallocate $18,500 from the buy down program for the use of
performing a commercial and residential rational nexus study, and to compensate the
Affordable Housing Buy Down Program during the next supplemental appropriation.
Gordon seconded. The motion passed unanimously, 7-0.
The eleventh item on the agenda was Second Reading of ORDINANCE 9, SERIES OF
2006, AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 2, SERIES
OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO.
34, FLAUM-THE VALLEY PHASE V, THAT CONCERN THE INCREASE IN THE
ALLOWABLE GROSS RESIDENTIAL FLOOR AREA (GRFA) FOR EMPLOYEE
HOUSING UNITS (EHUS) AND ASSOCIATED GARAGES WITHIN THE DISTRICT. On
March 27, 2006, the PEC voted 6-0-0 (Viele absent) to forward a recommendation of
approval for a proposed amendment to SDD No. 34, Flaum -The Valley Phase V, to the
Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town
• Code, to allow for the increase in the allowable GRFA for EHUs within the District from
500 square feet to 850 square feet and to increase the allowable size of the EHU garage
• from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr
Creek Road/Lots A-C, The Valley Phase V. Moffet moved to adopt the ordinance with
Foley seconding. The motion passed unanimously, 7-0. Foley thanked the Flaums for
building a larger than needed employee housing unit. Hitt questioned the ordinance may
set precedent.
The twelfth item on the agenda was the Second reading of Ordinance No. 11, Series
2006, An Ordinance of the Town of Vail Annexing Certain Real Property to the Town of
Vail. On February 14, 2006, The Vail Corporation filed with the Town Clerk for the Town
of Vail a Petition for Annexation requesting that the Town Council of the Town of Vail
commence proceedings to annex to the Town of Vail a certain parcel of land located in
Section 8, Township 5 South, Range 80 West, of the 6th Principal Meridian, County of
Eagle, State of Colorado, the approved final legal description of which is set forth as
Exhibit A in this Ordinance No. 11. (the "Annexation Property"). The Town Council, by
Resolution No. 6, Series of 2006, has also determined with regard to the Petition for
Annexation for the Annexation Property: (i) the applicable requirements of
C.R.S. §§ 31-12-104 and 31-12-105 have been met; (ii) an election is not required under
C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be
imposed on the annexation of the Annexation Property; and (iv) the Annexation Property
is eligible for annexation to the Town of Vail. Accordingly, this Ordinance 11 shall
operate to annex the Annexation Property to the Town of Vail. Due to a predetermined
conflict of interest (affiliations with Vail Resorts), Slifer and Gordon recused themselves
from the item and left the Council Chambers. Moffet moved to approve the ordinance
with Newbury seconding. The motion passed unanimously, 5-0.
• The thirteenth item on the agenda was Resolution No. 7, Series 2006, a Resolution
rescheduling the regular Town Council meeting of July 4, 2006, to July i 1, 2006.
Pursuant to Section 1-5-11, Vail Town Code, in the event a regular meeting would fall on
a legal holiday recognized by the Town, the Council may defer the regular meeting to a
subsequent date not later than one week after the deferred regular meeting. Moffet
moved to approve with Newbury seconding. Mire clarified the special election would
coincide with the rescheduled meeting date. The motion passed unanimously, 7-0.
The fourteenth item on the agenda was A RESOLUTION RATIFYING THE
PURCHASE OF LAND IN THE TOWN OF VAIL KNOWN AS THE MEADOW CREEK
PARCEL AND LEGALLY DESCRIBED AS A PARCEL OF LAND LOCATED IN THE
NORTHEAST QUARTER, OF THE NORTH HALF OF THE SOUTHWEST QUARTER
OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 81 WEST SIXTH PRINCIPAL
MERIDIAN, EAGLE COUNTY, COLORADO. Council has previously approved the
purchase of the property ($230,000), and closed on the property on or about April 28,
2006. The Eagle County Open Space Committee and adjacent property owners
committed $65,000 each to the acquisition of land. This acquisition is consistent with the
Town of Vail Comprehensive Open Lands Plan. Forrest thanked neighborhood
homeowners for their contribution. Foley clarified the $230,000 came from Real Estate
Transfer Tax funds. Hitt clarified the parcel would serve as a continuance of Stephens
Park. Moffet moved to approve the resolution with Hitt seconding. The motion passed
unanimously, 7-0. Slifer said the purchase was a sign of increased cooperation between
the county and the town.
• The fifteenth item on the agenda was the Town Manager's Report.
4
. .
i~
• Request For Proposals (RFP) for LionsHead Parking Structure
Town Manager Stan Zemler said that over time the town has received varied inquiries
regarding the redevelopment of the LionsHead parking structure. "In the near future we
are going to be faced with significant capital improvements in the LionsHead parking
structure...Redevelopment may offer possibilities of increased economic vitality and
parking enhancement." Hitt questioned whether redevelopment would hinder future
transit decisions. Logan questioned whether the proposed Simba Run underpass
should be a part of the project. "It is certainly generally related to this project." Zemler
clarified it was premature to discuss details regarding any type of redevelopment of the
structure. Council agreed to allow the Town Manager to issue the RFP.
The sixteenth item on the agenda was Adjournment. Moffet moved to adjourn with
Foley seconding at approximately 7:15 p.m. The motion passed unanimously, 7-0.
r--
Rodney E. Slifer, Mayor
ATTEST:
~~ ~-~~.~
L relei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
• Vail Town Council Evening Meeting Minutes
Tuesday, May 16, 2006
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately
6:00 P.M. by Mayor Pro-Tem Farrow Hitt.
Members present: Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Mark Gordon
Not present: Rod Slifer, Mayor
Kevin Foley
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Representing the Vail Village
• Homeowner's Association, Jim Lamont asked that better phone conferencing equipment be
provided in town hall so as to be more inclusive of part-time residents in citizen advisory
committee meetings.
The second item on the agenda was the Battle Mountain High School (BMHS) Hockey
Team. Brett Young, President Elect of the BMHS Hockey Booster Club, introduced the 2006
Battle Mountain High School Hockey Team. He announced the team had reached the
"Frozen Four" every year since the inception of Husky hockey. Young then thanked the town
and the Vail Recreation District for their continuing support of the program and presented a
framed jersey and photo of this season's team, all of whom were present.
The third item on the agenda was the Consent Agenda.
A. Current copy of the Ford Park Managed Parking dates for the 2006 Summer Calendar.
The managed parking calendar was compiled by the Ford Park User Committee. There are
currently 35 days of paid parking requested as well as one managed parking date. This
calendar is subject to change as more events are added to the various schedules of the user
groups at Ford Park. Council approval of the calendar was requested.
B. Children's Garden of Learning (CGOL) request to proceed through the process for repair
of geotechnical and playground surfacing issues.
Moffet moved to approve the consent agenda with Gordon seconding. The motion passed,
4-0.
• The fourth item on the agenda was a Construction Update. Town Engineer Tom Kassmel
reported construction on East Meadow Drive, Gore Creek Drive and the Gore Creek
..
• Promenade was ongoing. He reported all town projects were proceeding on schedule. He
then clarified Pirate Ship Park was undergoing routine maintenance and would be open to
the public by the weekend. Town Manager Stan Zemler reported an outdoor fire feature had
been recently installed on Wall Street. Kassmel then announced the Sonnenalp streetscape
would be completed June 15 and One Willow Bridge streetscape would begin soon. The Vail
Plaza Hotel tower crane is scheduled to be removed in the middle of June and will result in a
five day Vail Road closure. The Four Seasons is tentatively scheduled to begin excavation in
June or August. He concluded his comments by saying street striping will begin next week
throughout Vail.
The fifth item on the agenda was the First reading of Ordinance No. 6, Series 2006, an
ordinance repealing and reenacting Title 9, Chapter 1, Vail Town Code Regarding the Town
of Vail Watershed District; Providing Definitions to Prevent Injury to Town Water Sources.
Upon advice of the Town Attorney Matt Mire, Moffet moved to table the item with Logan
seconding. The motion passed unanimously, 4-0. An amended motion and second
designated the item tabled until June 6. Mire announced the Eagle River Water and
Sanitation District (ERWSD) had requested time to review and analyze the ordinance.
The sixth item on the agenda was First reading of Ordinance No. 12, Series of 2006, an
ordinance amending the official zoning map for the Town of Vail in accordance with Title 12,
Zoning Regulations, Chapter 5, Zoning Map; zoning the area more commonly referred to as
the "Front Door USFS land exchange parcel" to the Ski Base Recreation - 2 District (SBR-2).
Chief Planner George Ruther explained on May 8, 2006, the Planning and Environmental
Commission (PEC) held a public hearing on the request to amend the Official Zoning Map of
the town. Upon consideration of the request, the Commission unanimously approved a
motion recommending approval of the zoning request to Council. A complete legal
• description of the parcel is available for public inspection at the Town of Vail Community
Development Department. Due to a predetermined conflict of interest (Vail Resorts
employment), Gordon recused himself from hearing the item and left the Council Chambers.
Moffet moved to approve the item with Logan seconding. An amended motion included three
findings listed on page 13 of the staff memorandum to the PEC dated May 8, 2006 (The
memorandum was also included in the Council packet). The motion passed, 3-0. The
ordinance provided the required zoning to facilitate the development of the Front Door project.
Representing the Vail Village Homeowner's Association, Jim Lamont asked for an explanation
of restrictions ensuring open space on and around the parcel. He also addressed the issue of
moderation of potential "irritants" (light/noise) created by the project. Responding to the issue
of open space, Ruther explained any changes to the currently approved plans would require a
re-review from the PEC and town staff. Representing Vail Resorts, Jay Peterson clarified the
parcel boundaries are being developed. Hitt clarified Lamont represented adjacent property
owners.
The seventh item on the agenda was the First reading of Ordinance No. 15, Series of 2006,
an ordinance extending a moratorium on the submission and processing of building permits
and land use approvals in the LionsHead Mixed Use 1 and LionsHead Mixed Use 2 Zone
Districts which would result in the net loss of accommodation units, parking spaces and
Employee Housing Units. Due to a predetermined conflict of interest (Vail Resorts
employment), Mark Gordon recused himself from the item and left the Council Chambers. Mire
explained On April 18, 2006, Council adopted Ordinance No. 13, Series 2006, establishing a
sixty (60) day moratorium on the submission and processing of building permits and land use
approvals in LionsHead Mixed Use 1 and 2 zone districts. Because of procedural
requirements and time necessary to effectuate the subject text amendments to Title 12, Vail
• Town Code, it was necessary to extend the moratorium for an additional sixty (60) days.
Moffet moved to adopt the ordinance with Logan seconding. Representing owners of the
• LionsHead Inn, Dominic Mauriello said he and his clients were appreciative of the extension
as they were working on potential amendments to town code that would be mutually
beneficial to the town and his clients. The motion passed, 3-0.
The eighth item on the agenda was the Town Manager's Report.
~ VAIL VALLEY ATHLETE COMMISSION (VVAC)
Assistant Town Manager Pam Brandmeyer reported the VVAC met May 9 to consider
funding requests for the spring, summer and fall. Because the preponderance of the funding
from the partners (Beaver Creek Resort Company, Vail Resorts, the Vail Valley Foundation
and the Town of Vail) is spent on winter sports activities, the Commission had just $2,500 to
allocate this funding cycle. The town's contribution has remained at $4,750 (a 5% reduction
following the Sept. 11, 2001 event). The town received a letter from the Foundation
requesting each of the partners increase its 2006 contribution to a maximum of $10,000 for
this year, to which Beaver Creek Resort Company and the Foundation already agreed.
Previous contributions from the other three partners have been at $5,000 each. Staff
advised the Foundation to go through the out-of-cycle funding process in June to make this
request formally.
• FARMER'S MARKET EXTENSION OF DATES
Brandmeyer explained staff had met with Rick Scalpello on May 3 to discuss the additional
Sundays in June and September where Rick had requested suspending streetscape
construction in order to accommodate the market. While the June 18 date is being
cautiously considered, staff has agreed to update Mr. Scalpello two weeks out as to current
construction progress. The September dates, however, cannot be considered, since
streetscape construction will be fully underway. With the already condensed construction
seasons limited to the spring and fall, and in order to meet the construction schedule as laid
out in January of this year, closing down the September Sundays would incur additional
costs as well as potentially make the construction schedule for completion unattainable.
Gordon clarified the location of this year's market. Staff was strongly urged to free up the
additional June Sunday if construction progress permitted.
The ninth item on the agenda was Adjournment. Moffet moved to adjourn with Logan
seconding. The motion passed unanimously, 4-0, at approximately 6:58 p.m.
~~ ~~~
./~.
•
•
' SFa
ATTEST:
. ,, ~~
Lorelei Donaldson,
~o~oo
Town Clerk
~/' ~'` ~
~~~~
Farrow Hitt, Mayor Pro-Tem
Minutes provided by Corey Swisher.
Vail Town Council Evening Meeting Minutes
• Tuesday, June 6, 2006
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately
6:00 P.M. by Mayor Pro-Tem Farrow Hitt.
Members present: Farrow Hitt, Mayor Pro-Tem
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Not Present: Kent Logan
Rod Slifer, Mayor
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation. Joel Heath, Teva Mountain
Games Owner/Organizer, reported the 2006 Teva Mountain Games at Vail were a huge
success. Although spectator numbers had yet to be tabulated, participant registration
had increased over 33% in a one year period. Heath was also encouraged by far-
reaching and comprehensive media coverage. He then thanked Council for their
support of the games and complimented town staff for doing an exceptional job of
mitigating construction impacts.
The second on the agenda was the Consent Agenda.
a. Approval of 05.02.06 and 05.16.06 Minutes.
Foley moved to approve the minutes without amendment with Moffet seconding. The
motion passed unanimously, 5-0.
The third item on the agenda was a Construction Update. Public Works Director Greg
Hall reported construction continued on Gore Creek Drive, Vail Front Door, Vail Road,
East Meadow Drive (One Willow Bridge and Sonenalp, streetscape and utilities) and the
area surrounding the future Arrabelle at Vail Square in LionsHead, landscaping at the
Tivoli Lodge, Lodge at Vail (deck), and Village Parking structure work continues (open
by 06.23.06). Construction on the Four Seasons is pending. Recreation Path disruption
is expected to continue through the summer. Hitt clarified there may be a chance East
Meadow Drive would be close enough to completion to allow an early start for the Vail
Farmers Market.
The fourth item on the agenda was a presentation of the 2005 Audit Report. Camp
introduced Michael Jinkens, partner with McMahon and Associates, the town's
independent auditors. Jinkens provided highlights and an overview of the audit. The
town received an unqualified/or clean opinion. "The numbers can be relied upon for
decision making purposes." Hitt complimented the town's finance staff for their accurate
• and diligent work.
The fifth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Planning and Environmental Commission's denial of a variance from
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. On July 25, 2005, the PEC
approved variances 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 garage addition and elevator/entry addition at 1448 Vail
Valley Drive. Planner II Bill Gibson reported Council "called-up" the PEC's decision at its
August 2, 2005, public hearing. On September 6, 2005, Council upheld the setback
variance and site coverage variance to accommodate the garage addition. However,
Council denied the variance requests for additional site coverage and gross residential
floor area to allow for the elevator/entry addition. The applicant reapplied for site
coverage and gross residential floor area variances for the same elevator/entry addition
denied by the Council last September. On April 10, 2006, the PEC again denied the
appellants' variance requests. The appellants subsequently appealed this decision. The
appellant is now requesting Council grant a continuance (i.e. table) this item to June 20,
2006; so the appellant may appear at the hearing in person. Representing the applicant,
Rick Pylman reported the applicants were unable to attend the hearing. Council clarified
the planslproject was identical to the initial application. John Schofield, adjacent
property owner, asked Council to continue the application. Moffet moved to deny the
application with Newbury seconding. The motion passed 3-2, with Gordon and Foley
opposed. Moffet then moved to uphold the decision of the PEC, seconded by Newbury
(both were amended). The motion passed 4-1, with Foley opposed. Schofield disagreed
with Moffet's motion, stating the application was not a request for special privilege. Mire
clarified the town did not wave any defense regarding Res Judicata as it applies to this
application.
The sixth item on the agenda was Council out of cycle contribution requests for 2006
Budget and Financial Reporting Manager Kathleen Halloran explained the 2006 "out of
cycle" contribution requests submitted to staff on/before May 24, 2006, for 2006 funding.
Staff requested direction from Council regarding proposed contributions. The purpose of
the mid-year review is to provide an opportunity for organizations that have newly
identified projects or unforeseen changes to their budgets to come forward all at the
same time. Council evaluates the various proposals based on their direct benefit to the
entire community of Vail, fulfillment of the town's mission, and how this contribution will
affect our resort community's future health. Council's mission statement reads: In order
to be the premier mountain resort community, we're committed to providing citizens and
guests with a superior level of environmentally-sensitive services and an abundance of
recreational, educational, and cultural opportunities.
A. Vail Valley Music Festival
Bravo! Vail Valley Music Festival requested $50,000 to help fund travel, administration,
marketing, advertising and promotional expenses that will occur in 2006 for the 2007
Philadelphia Orchestra -Vail Residency program. The program was not finalized until
after the deadline for the original 2006 contribution requests. Historically, the town has
contributed funding toward the Tier One New York Philharmonic / Vail program.
Because this program was not finalized until after 2006 contribution requests, it falls
• within the criteria for "a newly identified project or unforeseen changes." Staff
recommended funding this request based on the caliber of this group and the fact that
the Philadelphia Orchestra, although not perceived to be quite at the level of the New
York Philharmonic, also resides in this Tier One category. The cultural benefit to the
town and the tourist attraction of this event are also factors in staff's recommendation for
funding. Newbury questioned where the Orchestra would be housed during their
residency. Gordon and Merv Lapin clarified it was Bravo!'s intent to house the musicians
in Vail proper. Moffet moved to include the request in the next supplemental
appropriation with Gordon seconding. The motion passed 3-2, Newbury and Foley
opposed.
B. Vail Chamber & Business Association (VCBA)
The VCBA requested $12,560 to fund attendance at the 2006 Colorado Snowsports
Expo in Denver. This event was part of the original request to Council for 2006
contributions but was turned down at that time. Staff did not recommend funding this
event for the following reasons: 1) it was already turned down by Council, 2) it did not
meet the out-of-cycle funding request criteria of "newly identified projects or unforeseen
changes to budgets" as a reason for the request, and 3) Vail is already represented at
this event with attendance by Vail Resorts in partnership with Vail businesses and
lodges. Newbury said Council needs to stick to its out-of-cycle funding criteria. Gordon
asked to discuss the criteria at a future date. Representing the VCBA, Kaye Ferry
emphasized the importance of the VCBA's attendance at the show and explained the
funding request was caused by the Expo's registration requirements being out of
sequence with out-of-cycle funding requests. VCBA Board Member Richard TenBraak,
encouraged Council to sponsor the VCBA's attendance. Halloran reported she had
• verified other local Vait businesses participated with Vail Resorts at the expo. Moffet
moved to deny the request with Hitt seconding. The motion failed, 2-3, with Newbury,
Gordon and Foley opposed. Gordon moved to include the request in the next
supplemental appropriation with Foley seconding, The motion passed 3-2, with Moffet
and Hitt opposed.
C. Vail Valley Athlete Commission
The Athlete Commission requested $5,250 to increase the town's overall contribution up
to $10,000 (current contribution is $4,750 annually). The Commission would like to
expand the 2006 program to include an additional ten qualified athletes for this winter
season that were not anticipated at the time of 2006 contribution requests. Staff
recommended additional funding for this program in support of our athletes and for the
international exposure for the town. Staff supported the planned expansion and would
like to continue our positive partnership with the Vail Valley Foundation, Vail Resorts and
the Beaver Creek Resort Company in this program. Camp clarified it was an expansion
of the summer program. Moffet moved to include the request in the next supplemental
commission with Foley seconding. The motion passed unanimously, 4-1, with Hitt
opposed.
D. Betty Ford Alpine Gardens
The Alpine Gardens requested $10,000 in seed money to begin arenovation /replanting
of the Meditation Garden. This is a capital project in addition to the normal operating
budget. The Garden hosts thousands of visitors per year and has achieved world-
premier status as a high altitude garden. Staff does not recommend funding this project
because it is more appropriate for inclusion in the 2007 Contribution requests. It does
• not fit the criteria of "newly identified projects or unforeseen changes to budgets". Moffet
moved to deny the project with Foley seconding. The motion passed unanimously, 5-0.
During a pause for public comment, Rick Scalpello asked for decorative flags that used
to be displayed in Lionshead and Vail Village to be displayed again. Hitt said town staff
would investigate the possibility of the request.
The seventh item on the agenda was the first reading of Ordinance No. 16, Series of
2006, An Ordinance Repealing Ordinance No. 5, Series 2006, an Ordinance
Establishing Special Development District No. 39, Crossroads, Pursuant to Article A,
Special Development (SDD) District, Chapter 9, Title 12 zoning Title, Town Code of Vail
Mire explained on March 21, 2006, Council adopted Ordinance No. 5, Series of 2006, an
ordinance establishing SDD No. 39, Crossroads, (the "Crossroads Ordinance"). On April
27, 2006, and pursuant to Section 5.4 of the Charter, the Town Clerk certified as
SUFFCIENT a referendum petition seeking reconsideration of the Council's adoption of
the Crossroads Ordinance, and if not so repealed upon reconsideration, that it be
approved or rejected at a town election. Pursuant to Section 5.6(a) of the Charter, when
a referendum petition has been finally determined sufficient the Council shall promptly
reconsider the referred ordinance by voting its repeal. Foley moved to adopt the
Ordinance. The motion failed for lack of a second. Merv Lapin encouraged Council to
provide the public the courtesy to discuss the matter.
The eighth item on the agenda was Resolution No. 9, Series 2006, A Resolution Calling
a Special Election in the Town of Vail, Colorado Concerning Ordinance No. 5, Series of
2006, an Ordinance Establishing SDD No. 39, Crossroads, Pursuant to Article A Special
Development (SDD) District, Chapter 9, Title 12, Zoning Title, Town Code of Vail
Mire explained on March 21, 2006, the Council adopted Ordinance No. 5, Series of
2006, an ordinance establishing SDD No. 39, Crossroads, (the "Crossroads Ordinance").
On April 27, 2006, and pursuant to Section 5.4 of the Charter, the Town Clerk certified
as SUFFCIENT a referendum petition seeking reconsideration of the Council's adoption
of the Crossroads Ordinance, and if not so repealed upon reconsideration, that it be
approved or rejected at a Town election. The Council has failed to repeal the Crossroads
Ordinance, and pursuant to Section 5.6(b) of the Charter, it is necessary for the Council
to set a special election. Gordon explained a belief that it may be to easy to recall
Council decisions. Mire reported the town would eventually incur between $30-40,000
worth of expenses for matters leading up to and holding an election . Moffet suggested
a charter amendment be pursued in the November election to make recall referendums
more difficult. Anne Reilly Bishop explained it was the right of the voter under the state
constitution to repeal such legislation. Merv Lavin said what made Vail successful is the
European alpine architecture, human scale, low density zoning in Vail Village and quality
of skiing experience. Moffet stopped Lapin's comments as they were "campaign fodder."
PEC Member Bill Jewitt said he looked forward to a vigorous and civil campaign. Andy
Weissner suggested extraordinary steps be taken to appropriately identify the actual
height of the proposed building. Robert Aikens asked if absentee ballots would be
available. Mire answered yes. Brent Martin supported Gordon and Moffet's comments
regarding making the referendum process more difficult. Tom Steinburg complained the
Mayor Pro-Tem was biased in his allowance of comments and said Mr. Knobel
threatened the town. Moffet moved to adopt with Hitt seconding. The motion passed
unanimously, 5-0.
•
4
The ninth item on the agenda was the First Reading of Ordinance No. 17, Series of
2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on
Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town
Code, to allow for an amendment to increase the amount of allowable site coverage on
lots with excessive slopes, from a maximum of 15% to a maximum of 20%
On April 24, 2006, the PEC conducted a work session during which staff was directed to
draft changes to their suggested modified version of the applicant's proposed text
amendment. On May 8, 2006, the PEC recommended approval of the proposed text
amendment to Council, as modified by staff. Upon the advice of Mire, Moffet moved to
table the item until 06.20.06, with Gordon seconding. The motion passed 5-0.
•
The tenth item on the agenda was Second reading of Ordinance No. 12, Series of 2006,
an ordinance amending the official zoning map for the Town of Vail in accordance with
Title 12, Zoning Regulations, Chapter 5, Zoning Map; zoning the area more commonly
referred to as the "Front Door USFS land exchange parcel" to the Ski Base Recreation - 2
District (SBR-2). On May 8, 2006, the PEC held a public hearing on the request to
amend the Official Zoning Map of the town. Upon consideration of the request, the
Commission unanimously approved a motion recommending approval of the zoning
request to Council. Due to a predetermined conflict of interest (Vail Resorts
employment) Gordon recused himself from the item and left the Council Chambers. On
May 16, 2006, Council approved Ordinance No. 12, Series of 2006 on first reading as
presented. Moffet moved to pass the ordinance with Foley seconding. Foley asked that
revegetation on the sight occur. Representing the Vail Village Homeowner's
Association Jim Lamont offered support for the zoning. The motion passed unanimously,
4-0.
The eleventh item on the agenda was the second reading of Ordinance No. 15, Series
of 2006, AN ORDINANCE EXTENDING A MORATORIUM ON THE SUBMISSION AND
PROCESSING OF BUILDING PERMITS AND LAND USE APPROVALS IN THE
LIONSHEAD MIXED USE 1 AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS
WHICH WOULD RESULT IN THE NET LOSS OF ACCOMMODATION UNITS,
PARKING SPACES AND EMPLOYEE HOUSING UNIT. On April 18, 2006 Council
adopted Ordinance No. 13, Series 2006 establishing a sixty (60) day moratorium on the
submission and processing of building permits and land use approvals in Lionshead
Mixed Use 1 and 2 zone districts. Because of procedural requirements and time
necessary to effectuate the subject text amendments to Title 12, Vail Town Code, it will
be necessary to extend the moratorium for an additional sixty (60) days. Moffet moved
to adopt the Ordinance with Newbury seconding. The motion passed unanimously, 5-0.
The twelfth item on the agenda was RESOLUTION NO. 10, SERIES OF 2006. A
RESOLUTION APPROVING THE FRONT DOOR DEVELOPMENT AGREEMENT (THE
"AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN") AND THE VAIL
CORPORATION, D/B/A VAIL ASSOCIATES, INC., A COLORADO CORPORATION
("VAIL ASSOCIATES"), WHICH AGREEMENT PERTAINS TO CERTAIN RESPECTIVE
RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL ASSOCIATES IN
RELATION TO THE FRONT DOOR DEVELOPMENT SITE OWNED BY VAIL
ASSOCIATES AND AFFILIATES. The town previously approved a development plan
and design criteria proposed by Vail Associates for the intended development of the
"Front Door" mixed-use real estate development project (the "Project"), the site of which
is located in the Town of Vail to the south of the Lodge at Vail and the southerly end of
Bridge Street and which borders and/or subsumes the Vista Bahn ski yard on the site's
east side (the "Front Door Site"); The town, acting through its applicable departments
and agencies (including the Director of Public Works and the Director of Community
Development), and Vail Associates, on its own behalf and on behalf of its applicable
affiliates as the owners of the Front Door Site, have negotiated terms and conditions for
the Agreement to govern certain matters related to the development of the Project, and
the respective rights and responsibilities of the town and Vail Associates in connection
with those matters. Council's approval and authorization of the Agreement satisfied
certain conditions established by the PEC as part of its approval of the development plan
for the Project. Due to a predetermined conflict of interest (Vail Resorts employment),
Gordon recused himself from the item and left the Council Chambers. Hitt attempted to
clarify how much lead time would be required to host a special event on the area.
Representing Vail Resorts, Jay Peterson said any events would probably be in
conjunction with an on-mountain event (winter). Representing the VCBA, Kaye Ferry
said she is not comfortable with what the town is receiving in terms of a special events
venue. Moffet moved to adopt the resolution with the addition of language that stated
prior to issuance to a Temporary Certificate of Occupancy (TCO) being issued the town
and Vail Resorts would complete a reasonably agreeable management plan for special
events in the ski yard, to be completed December 6, 2006, with Newbury seconding.
Foley said he would vote against the resolution because the employee housing
requirements for the project were not adequate. Hitt emphasized the importance of
having a housing conversation. PEC Member Bill Jewitt said a special events area at
the Front Door was critical to the Front Door proposal approval when he served on
Council. Representing the Vail Village Homeowner's Association, Jim Lamont
emphasized collaboration and cooperation while discouraging relentless events that may
cause "nuisance." Representing the Commission on Special Events (CSE), Sybil Navas
said special events are critical to Vail. "I don't think we are ready yet to call ourselves a
retirement community...We are still a resort and have an obligation to provide
entertainment." The motion passed 3-1, Foley opposed.
The thirteenth item on the agenda was Resolution No. 11, Series 2006, A Resolution
Adopting the Multi-Jurisdictional All-Hazard Pre-Disaster Mitigation Plan for the Town of
Vail. The U.S. Congress passed the Disaster Mitigation Act of 2000 ("Disaster Mitigation
Act") emphasizing the need for pre-disaster mitigation of potential hazards. The Disaster
Mitigation Act made available hazard mitigation grants to state and local governments.
The amount of hazard mitigation grants available to state and local governments is
contingent upon the adoption of an approved pre-disaster mitigation plan. The Town of
Vail along with the Towns of Aspen, Snowmass Village, Basalt, Avon, Eagle, Gypsum,
Minturn, Red Cliff, and Eagle County and Pitkin County, have developed amulti-
jurisdictional pre-disaster mitigation plan designed to leverage their common
characteristics and planning resources to better prepare for potential hazards. The town
desires to comply with the requirements of the Disaster Mitigation Act and to augment its
emergency planning efforts by formally adopting the Multi-Jurisdictional All-Hazards Pre-
Disaster Mitigation Plan for Pitkin and Eagle Counties dated June 1, 2005. Moffet
moved to adopt the Resolution with Foley seconding. The motion passed unanimously,
5-0.
The fourteenth item on the agenda was the Town Manager's Report.
• • Employee Down Payment Assistance Funding.
6
Zemler reported the town's Down Payment Assistance Program has successfully
assisted 27 employees in purchasing homes in the area. This program has contributed
to a 50% reduction in turnover rates over the last four years. As demand for the
program continues, additional funding will be needed to maintain the positive results.
Since the program does not have a cost to the town (just a loss of potential interest
earnings), it is a highly effective tool in employee recruiting and retention. Council was
informed a request for an additional $50,000 to be added to the available pool would be
made during 2007 budget discussion. Council encouraged Zemler to make the request
in a second supplemental. Newbury suggested those who choose to reside in Vail be
eligible for additional funds.
• Meadow Drive /Farmers Market.
Zemler said it may be possible to clear Meadow Drive of construction debris by June18`h
to facilitate an early start for the Vail's Farmer's Market.
The fifteenth item on the agenda was Adjournment. Moffet moved to adjourn with Foley
seconding. The motion passed unanimously, 5-0 at approximately 9:30p.m.
ATTEST:
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Minutes provided by Corey Swisher.
Farrow Hitt, Mayor Pro-Tem
•
Vail Town Council Evening Meeting Minutes
Tuesday, June 20, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Kim Newbury
Mark Gordon
Kevin Foley
Not Present: Greg Moffet
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Rick Scalpello, on behalf of the
Vail Farmers Market, thanked Council for allowing the Market to open one weekend
early. Scalpello was especially grateful to the public works staff for their diligent efforts
regarding the matter.
Mark Goblowski, representing the Mountain West Chapter of the Carpenters Union,
asked Council to consider adopting a policy that would discourage contract worker
abuse (employers not providing workers compensation or adequately filing tax
requirements). He said illegally hired contract labor is not fair to contractors who "do the
right thing."
Farrow Hitt thanked the Vail Recreational District (VRD) for what it has provided for
youth in the town. `They really raised the bar for the level of camps for our kids in the
valley."
The second item on the agenda was acknowledgement of Vail America Days sponsors-
-Millennium Bank and The Gallegos Corporation. Millennium is entering its second year
as the Presenting sponsor of the event. The Gallegos Corporation has been a
community sponsor for several years. Assistant Town Manager Pam Brandmeyer
introduced Jeff Halverson from Millennium Bank. He said his company was happy to
sponsor an event that was so special to the community. Glenn Gallegos representing
Gallegos Masonry was unable to attend the meeting.
The third item on the agenda was the Consent Agenda. 2006 Election Judge
Appointments for the July 11, 2006 Special Municipal Election. By Colorado State
Statute, each polling place must have a minimum of three judges to assist with municipal
. elections. The Town Clerk requested the appointments of Karen Morter, Mary Jo Allen,
Holly Cole, Mary Caster, Mary Ann Best, and Summer Holm to be the Town of Vail
election judges. Newbury moved to approve the consent agenda with Foley seconding.
The motion passed unanimously, 6-0.
The fourth item on the agenda was an appointment to the Vail Local Marketing District
Advisory Council (VLMDAC) board. Council interviewed the Vail Local Marketing Board
Advisory Council (VLMDAC) applicant at the work session and appointed the lone
applicant, Laurie Mullen, to fill a vacancy on the VLMDAC (terms expire December 31,
2007) at the evening meeting. Hitt made the motion with Foley seconding. The motion
passed unanimously, 6-0.
The fifth item on the agenda was the results of VRD/TOV Recreation Master Plan
Assessment Research. Results from the Vail Recreation District (VRD) and Town of
Vail citizen survey and focus groups, which evaluated park and recreation services
within the Vail community, were presented by Kris Dropinski with Green Play, LLC. to
the Council and VRD Board of Directors. Green Play is the consultant performing the
assessment and assisting in the development of a recreation master plan for Vail. The
survey and focus groups measured the extent to which Vail's parks, trails, recreation
facilities, programs and activities meet the needs of the community, plus the frequency
of use of Vail's and other county-wide recreation facilities and programs, and also
measured information on the community's perception of needs for future facilities,
amenities and programs. Six focus groups were held with 54 participants, while 2,500
surveys were mailed to full-time and part-time residents. Dropinski presented key
findings from the survey and focus groups that included the need for a wide variety of
recreation resources and opportunities, the need to increase partnerships and
programming, a lack of indoor recreational facilities, need for improvements to existing
facilities, increased public involvement and feedback regarding recreational funds,
increased community awareness and marketing of recreation programs and a need for
improved parking options at recreation facilities. The survey reported that Ford
Amphitheater and Betty Ford Alpine Gardens have the highest frequency of use,
followed by Vail Mountain, Donovan Pavilion and neighborhood parks. Highlights of the
survey also included a need to improve the Vail Golf Course, and to improve or expand
individual recreational offerings in Vail, a need for awellness/recreation center and a
need for an aquatic center/swimming pool facility. VRD Member Scott Proper asked
Dropinski why participants were asked about their willingness to vote in favor of a tax
increase for recreational uses. Dropinski explained the question is standard for such
studies. Logan questioned the lack of reported support for a skateboard park. Dropinski
responded that skatepark users are a minority user group and potentially under
represented in the survey. Logan also questioned the lack of responses indicating a
desire for more ice skating opportunities. Proper said the VRD had extensively
researched demand for ice time in Vail and results showed during peak hours four to five
sheets of ice could be utilized, but during non-peak hours there was less demand for ice
time. Representing the Vail Village Homeowners Association, Jim Lamont said the
statistical sample used under represented part-time residents and he cautioned the
master planning process if presented data was to be used. Jim Brandmeyer, Executive
Director of the Betty Ford Alpine Gardens, said he was glad the gardens were
mentioned quite frequently in the report. Brandmeyer also noted during the focus group
he had participated in, respondents expressed interest in maximizing the full potential of
Dobson Arena.
• The sixth item on the agenda was the Town of Vail /Cascade Village Metropolitan
District Intergovernmental Agreement. Town Attorney Matt Mire asked Council to
approve an Intergovernmental Agreement ("IGA") between the Town of Vail and
Cascade Village Metropolitan District (CVMD) regarding cost sharing for the Westhaven
Drive Pedestrian Bridge and for construction, ownership, and future maintenance of the
Gore Valley Trail through Cascade Village. In March of 2003, the Public Works
Department contacted the CVMD to discuss ownership, maintenance, and easement
issues with regard to the public recreation path through Cascade Village. The path, now
known as the Gore Valley Trail, was an original approval requirement of Special
Development District 4 (Cascade Village); however, at that time no easements or
maintenance agreements were ever executed with the town. The initial goal was to
consolidate the access easements and develop a maintenance agreement whereby
CVMD would contribute toward path improvements and the town would then take over
future maintenance of the path. At the same time, CVMD had been discussing several
capital improvement projects in the area and was considering the possibility of seeking
financial assistance from the Town for improvements to Town-owned facilities. In June of
2005, Council agreed to assist with funding for two bridge projects in Cascade Village,
however due to cost increases, CVMD is moving forward with only the widening of the
Westhaven Drive Pedestrian Bridge. As part of the initial approval for funding, CVMD
has acquired a signed Recreation Path Easement and Maintenance Agreement for each
property crossed by the Gore Valley Trail with the exception of the Westhaven
Condominiums. Execution of the agreement is a condition of final approval and
Certificate of Occupancy for the project. Once all recreation path construction is
completed, the path will be surveyed and each of the documents can be executed and
recorded, most likely by the end of July 2006. Logan moved to approve the agreement
• with Foley seconding. Hitt asked why the recreation path behind the Donovan Pavilion
was not maintained. Hall stated he would investigate the matter as safety concerns (ice
build-up) presently existed. The motion passed unanimously, 6-0.
The seventh item on the agenda was the 2006 Roadway Maintenance Project. Town
Engineer Tom Kassmel asked Council to authorize the Town Manager to enter into an
agreement with B&B Excavating to complete the 2006 Roadway Maintenance Project for
an amount of $796,738.60. Staff received one bid from B&B Excavating for the 2006
Roadway Maintenance Project. The project consists of a maintenance asphalt overlay
on portions of roads in East Vail, drainage improvements and an asphalt overlay on
Arosa Drive, Davos Trail, Garmisch Drive and a portion of Chamonix Lane. Hitt moved to
approve the agreement in a form approved by the Town Attorney with Logan seconding.
The motion passed unanimously, 6-0.
The eighth item on the agenda State of Vail Report/Vail Vision and Community Plan
Forrest asked Council to table the item until July 18, 2006. Gordon moved to table the
item until July 18, 2006 with Hitt seconding. The motion passed unanimously, 6-0.
The ninth item on the agenda was the First Reading of Ordinance 14, Series of 2006,
an ordinance amending Section 12-7H-5, Conditional Uses; Generally (On all Levels of a
Building or Outside of a Building), to allow for seasonal use or structures used more than
7 days as a conditional use in Lionshead Mixed Use I District; Section 12-7H-18,
Mitigation of Development Impacts, to clarify the inclusion of an employee housing plan
as a mitigation of development impacts; Section 12-8C-3, Conditional Uses, to allow for
ski lifts as a conditional use of the Natural Area Preservation District; Subsection 12-18-
56, Density Control, to clarify limitations on structures which do not conform to density
• controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify
standards for access, driveway and parking for commercial properties; and Chapter 14-
6, Grading Standards, to clarify requirements for retaining walls, Vail Town Code.
Planner Rachel Friede explained Council periodically approves housekeeping
ordinances that clarify inconsistencies with specific code sections, many of which have
occurred through zoning code amendments, changes in procedures, or errors in
codification. On June 12, 2006, the PEC forwarded a recommendation of approval to
Council for the proposed text amendments identified in Ordinance No. 14, Series of
2006. Gordon inquired about the necessity of permits for tents. PEC Member Bill Jewitt
explained temporary tents would not have to go through the onerous conditional use
permitting process. Hitt questioned allowing ski lift towers on Natural Area Preservation
Zone District. Forrest said the goal of the ordinance was to make town zoning more
consistent. Moffet moved to approve the ordinance striking language that would allow ski
lifts on Natural Area Preservation Zone District with Newbury seconding. Mire asked Hitt
if he would amend his motion to include the findings in the staff memorandum. The
motion and second were subsequently amended. The motion passed unanimously, 6-0.
The tenth item on the agenda was the First Reading of Ordinance No. 17, Series of
2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on
Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town
Code, to allow for an amendment to increase the amount of allowable site coverage on
lots with excessive slopes, from a maximum of 15% to a maximum of 20%. On April 24,
2006, the PEC conducted a work session during which staff was directed to draft
changes to their suggested modified version of the applicant's proposed text
amendment. On May 8, 2006, the PEC recommended approval of the proposed text
amendment, as modified by staff. Earlier in the day staff had asked Council to table the
item at the request of the applicant (he was not able to be in attendance). Newbury
moved to table the ordinance until July 11 with Hitt seconding. The motion passed
unanimously, 6-0.
The eleventh item on the agenda was the Town Manager's Report.
The Vail Police Department's Annual Report for 2005 was included in the Council
packet. Council was informed to contact Chief Dwight Henninger if they had any
questions or comments.
• Zemler announced the Colorado Department of Transportation had scheduled
maintenance work to improve the Vail Pass recreation trail.
The twelfth item on the agenda was Adjournment. Foley moved to adjourn with Hitt
seconding. The motion passed unanimously, 6-0.
~.
Rodney E. Slifer, Mayor
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Minutes provided by Corey Swisher.
5
• Vail Town Council Evening Meeting Minutes
Tuesday, July 11, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Ruotolo
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
• The first item on the agenda was Citizen Participation. Chris Fitzgerald, a resident of
the West Vail neighborhood, encouraged Council to work expeditiously regarding wildlife
control enforcement. Zemler stated he had witnessed construction waste in Fitzgerald's
neighborhood attracting black bears.
The second item on the agenda was the Introduction of Jim Hervert from Public Works,
Recipient of the Colorado Insurance Risk Sharing Agency (CIRSA) Safety Champion
Award. Human Resources Director and Safety Committee Chairman John Power
announced Heavy Equipment Operator Jim Hervert has received the 2005 CIRSA
Safety Champion Award. The award was formally presented at the annual Colorado
Municipal League conference. Mayor Slifer congratulated Hervert on his successful
efforts.
The third item on the agenda was the Consent Agenda.
a. Approval of June 6 and June 20 meeting minutes.
Gordon moved to approve the minutes with Newbury seconding. The motion passed
unanimously, 7-0.
The fourth item on the agenda was a Timber Ridge Financial Update. Finance Director
Judy Camp asked Council to listen to a report on Timber Ridge financial issues and
provide feedback to staff on the Timber Ridge Affordable Housing Corporation (TRAHC)
board. The rate cap on the Timber Ridge bonds will expire on August 1, 2006. Given the
• recent continued acceleration in interest rates, it will be impossible to purchase a new
cap at the same level as previously projected. Camp explained more units could be
remediated to generate additional revenue to cover the costs of remediation and
• increased interest. Hitt asked about the conclusion of traffic impact studies. Zemler
stated specific studies would not be undertaken as infrastructure capacity already
included the development of Timber Ridge. Logan asked what the corporation's cash
balance was. Camp responded at the end of April the fund balance was $161,000. Town
Housing Coordinator Nina Timm clarified there are currently 144 remediated units.
Logan clarified TRAHC is not in compliance with bond reserve requirements. Council
agreed to allow the corporation to remediate 18 units. The funds for remediation will be
released by US Bank from the replacement reserve fund. Annual payments are made by
the corporation into this fund for major repairs and maintenance. Zemler said continued
due diligence would be paid to any remediation efforts.
The fifth item on the agenda was the first Reading of Ordinance No. 17, Series of 2006,
an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive
Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to
allow for an amendment to increase the amount of allowable site coverage on lots with
excessive slopes, from a maximum of 15% to a maximum of 20%. Planner Matt Gennett
reported that on April 24, 2006, the Planning and Environmental Commission (PEC)
conducted a work session during which staff was directed to draft changes to their
suggested modified version of the applicant's proposed text amendment. On May 8,
2006, the PEC recommended approval of the proposed text amendment to the Vail
Town Council, as modified by staff. Gennett then asked that the item be tabled until July
18, 2006. Moffet moved to table the item with Foley seconding. The motion passed
unanimously, 7-0.
• The sixth item on the agenda was the Second Reading of Ordinance 14, Series of 2006
(Housekeeping Ordinance). Planner Rachel Friede reported ~ Council periodically
approves housekeeping ordinances that clarify inconsistencies within specific code
sections, many of which have occurred through zoning code amendments, changes in
procedures, or errors in codification. On June 20, 2006, Council approved Ordinance 14,
Series of 2006, with the modification of deleting the proposed text amendment to Section
12-8C-3, Conditional Uses that would have allowed for ski lifts as a conditional use
within the Natural Area Preservation District (NAPD). Moffet moved to approve the
ordinance with Hitt seconding. Jay Peterson, representing Vail Resorts, asked for ski lifts
to be added as a conditional use within the NAPD. Moffet asked about procedures Vail
Resorts would have to adhere to if they wished to include a lift on the West LionsHead
redevelopment. Peterson explained no one had expressed concern over lift towers on
NAPD in the past. "It has always been about terminals." (as they are more obtrusive)
Hitt rebutted that he wanted, "zoning across the board be consistent...We don't have
anything in front of us that would require allowing a lift tower on NAPD...It is an attempt
to protect the most sacred zoning that we have." Moffet explained Council was
anticipating a zoning change down the road. Peterson said he had not believed Vail
Resorts would have to ask permission to include a lift in the West LionsHead
redevelopment. Gordon stated, "I would be happy to make a text amendment at a future
date when we have a better idea of the big picture...) don't want to make decisions with
blinders on." The motion passed unanimously, 7-0.
The seventh item on the agenda was Resolution No. 4, Series of 2006, a Resolution
amending Section 2.3.3 Stronger Economic Base through Increased Live Beds, Chapter
I• 4 Recommendations-Overall Study Area, and Chapter 5 Detailed Plan
Recommendations to establish policies for the preservation and enhancement of the
number of live beds in LionsHead. Chief Planner Ruther explained that on June 26,
2006, the PEC held a public hearing on the proposed amendments to the LionsHead
Redevelopment Master Plan. Following discussion on the amendments, the Commission
voted 5-0-1 (Pierce recused) to forward a recommendation of approval to Council. In
voting to recommend approval, however the PEC requested several modifications be
made to the amendments. The modifications recommended by the PEC were noted in
blue text in the resolution. Due to a predetermined conflict of interest, monetary
involvement with Vail Resorts, Slifer recused himself from the item and left the Council
Chambers. Gordon questioned redevelopment of the Lion Square Lodge. Moffet said he
was not sure the resolution accomplished anything. "How does this accomplish no net
loss?" Ruther responded, "Without Public Accommodation zoning you can't guarantee
the creation of accommodation units." Moffet stated that a development needs to have
you have significant expenses (common areas, marketing departments, conference
center facilities, etc.). "That's the only way you get condominiums to behave like short
term rental properties." Logan said, "The problem is, there are no teeth in the resolution."
Moffet moved to table the item until July 18 with Logan seconding. Bill Jewitt, PEC
Member, stated, "It is important to remember that a hotel room is not the end all be all for
this town...timeshares and condominiums are used by different types of people who
spend different amounts of money...) hope you can move expeditiously on this."
Representing the LionsHead Inn and LionsHead Annex, Dominic Mauriello said the
planning process has worked fairly well. "Our goal has always been to have a front desk
and hotel amenities...Our goals are aligned." The motion to table passed unanimously,
6-0.
The eighth item on the agenda was the Town Manager's Report. There was nothing
reported.
The ninth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury
seconding at approximately 8:30 p.m. The motion passed unanimously, 7-0.
ATTE~T1
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..,,r Rodney E. Slifer, Mayor
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Lo elei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
• Vail Town Council Evening Meeting Minutes
Tuesday, July 18, 2006
6.00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately
6:00 P.M. by Mayor Pro-Tem Farrow Hitt.
Members present: Farrow Hitt, Mayor Pro-Tem
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Kent Logan
Not Present: Rod Slifer, Mayor
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation. Montaneros condominium owner
Nancy Corgan said she was delighted by the prospect of the LionsSquare North
• redevelopment although the proposal was entirely too large.
Hermann Staufer asked Council to consider Ordinance No. 18, Series of 2006, through
regular means (as opposed to an emergency ordinance).
The second item on the agenda was the Bell Tower request to proceed through the
development review process with a proposal to reconfigure private improvements on Town
of Vail property. Planner Matt Gennett reported the Bell Tower Building in Vail Village is in
the process of undergoing design review for an application to construct two gables that
would encroach slightly over Gore Creek Drive and for a new stone veneer with cap on the
south side of the building to encroach as well. The applicant has already received Design
Review Board approval, with conditions for their design, the condition being Town Council
permission to proceed. Presently, the existing Bell Tower roof overhang encroaches over
Town of Vail property. The applicants are prepared to enter into an encroachment
agreement with the town. The Community Development Department recommended Council
approve the applicant's request to proceed through the development review process and
apply for a building permit upon the execution of the encroachment agreement. Moffet
moved to authorize the encroachment with Logan seconding. The motion passed
unanimously, 6-0.
The third item on the agenda was Proclamation No. 3, Series of 2006. (Helen Fritch
Day). Hitt read the proclamation honoring Helen Fritch for her many contributions to the
community, including creation of the Betty Ford Alpine Gardens. Moffet moved to
approve the proclamation with Foley seconding. The motion passed unanimously, 6-0.
Foley personally thanked Fritch for her efforts.
. The fourth item on the agenda was the first reading of Ordinance No. 6, Series 2006,
An ordinance repealing and reenacting Title 9, Chapter 1, Vail Town Code regarding
water quality within the Town of Vail. This ordinance provides definitions and
amendments to Title 9, Vail Town Code which, will further clarify prohibited acts and
provide for more effective enforcement by the town to prevent injury to the town water
supplies. Foley moved to approve first reading of the ordinance with Moffet seconding.
The motion passed unanimously, 6-0.
The fifth item on the agenda was First Reading of Ordinance No. 17, Series of 2006, an
ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive
Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to
allow for an amendment to increase the amount of allowable site coverage on lots with
excessive slopes, from a maximum of 15% to a maximum of 20%. Planner Matt Gennett
stated that on April 24, 2006, the Planning and Environmental Commission conducted a
work session during which staff was directed to draft changes to their suggested
modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC
recommended approval of the proposed text amendment to Council, as modified by
staff. The applicant, Helmut Reiss, requested to amend the section of town code which
restricted site coverage on lots with average slopes in excess of 30% within four of the
nine residential zone districts established in Chapter 12-6, Residential Districts, Vail
Town Code, to a maximum of 15% of the total site area, instead of the standard 20%
minimum. The applicant proposed to amend the restriction to allow for the typical 20%
maximum site coverage standard to apply in the applicable zone district irrespective of
the average slope. The rationale behind the applicant's request was to allow for greater
flexibility in the design and construction of residences on steep hillsides. Steve Isom
. from Isom and Associates said the ordinance encouraged less site disturbance.
Architect Mike Suman spoke in support of the ordinance. "This is a way to protect our
beautiful home sites." Moffet moved to adopt the ordinance with Newbury seconding.
The motion passed unanimously, 6-0.
The sixth item on the agenda was consideration of Ordinance No. 18, Series 2006, An
Emergency Ordinance Amending Title 5, Chapter 9, Vail Town Code Regarding Wildlife
Protection in the Town of Vail Town Attorney Matt Mire noted the Council had directed
staff to prepare a new and more effective wildlife protection ordinance. Until such time
that said legislation can be considered and approved by Council, Ordinance 18 will
function to create a "zero tolerance" policy for violation of the current wildlife protection
regulations. More specifically, the ordinance eliminates from the Town Code all
requirements of warnings to alleged violators, as well as any maximum fine amounts,
thus, making a first offense punishable by the maximum penalties available to the
Municipal Court (up to $999 and up to 180 days in jail for each offense). As an
emergency measure, the ordinance takes effect immediately. Moffet emphasized the
ordinance does not require residents to purchase bear-proof containers. Hitt explained
the current warning system is not effective. Foley moved to approve the ordinance with
Newbury seconding. Gordon said, "We can't move fast enough on this issue as a Town
Council." During the public comment period, Norma Broden said the situation is dire and
she was glad Council was addressing the issue. Chris Fitzgerald thanked Council for
addressing the issue. The motion passed unanimously, 6-0.
The seventh item on the agenda was resolution No. 4, Series of 2006, a Resolution
amending Section 2.3.3 Stronger Economic Base Through Increased Live Beds,
Chapter 4 Recommendations-Overall Study Area, and Chapter 5 Detailed Plan
2
• Recommendations to establish policies for the preservation and enhancement of the
number of live beads in LionsHead. Ruther explained the town is experiencing an
unprecedented amount of new construction in the form of new development and
redevelopment projects. Much of the new construction activity is occurring in LionsHead.
In anticipation of future new development and redevelopment opportunities in
LionsHead, Council adopted the LionsHead Redevelopment Master Plan on December
15, 1998. One of the six policy objectives of the LionsHead Redevelopment Master Plan
is to create a stronger economic base through increased live beds. To that end, the plan
states, "In order to enhance the vitality and viability of Vail, renewal and redevelopment
in LionsHead must promote improved occupancy rates and the creation of additional bed
base ("live beds" or "warm beds") through new lodging products." While a clearly stated
policy objective is presently in place, the current implementation policies of the Plan (ie,
Chapter 5 - Detailed Plan Recommendation, Overall Plan Recommendations,
LionsHead Mixed Use - 1 & 2 zone districts, etc.) do little, if anything, to ensure that the
Plan's policy objectives are met; specifically Policy Objective 2.3.3. In fact, it could be
argued that the adopted zoning regulations are in conflict with the Policy Objective 2.3.3.
To that end, Council found it imperative that prior to accepting any more development
applications for new development or redevelopment projects in LionsHead, that a
discussion occurs regarding the possible unintended consequences of continuing on
with the present Master Plan recommendations and/or Zoning Regulations. The
intended outcome of these discussions has been intended to be the preservation and
enhancement of the town's supply of "live beds." Regardless of the direction taken,
Council believes diversity in the town's lodging products is the key to the future success
of the town and LionsHead. Ruther then described that on June 26, 2006, the PEC held
a public hearing on the proposed amendments to the LionsHead Redevelopment Master
• Plan. Following discussion on the amendments, the Commission voted 5-0-1 (Pierce
recused) to forward a recommendation of approval to Council. In voting to recommend
approval, however the Commission requested that several modifications be made to the
amendments. Due to a predetermined conflict of interest (East West Partners
Affiliation), Slifer recused himself from the item and left the Council Chambers. Moffet
expressed concern that the ordinance dealt well with remodels but not ground up
construction. Foley moved to approve the resolution with Newbury seconding. During the
public comment period, Gwen Scalpello stressed a belief she thought the ordinance was
unfair to condominium owners who were unable to demolish their dwelling units and
build from scratch (you can't convert, but you can rebuild). Moffet further explained the
ordinance did not allow for the conversion of accommodation units. Foley thanked staff
and the developer for their due diligence correcting the LionsHead Master Plan. Moffet
moved to direct staff to lift the moratorium at the August 1, 2006, meeting with Gordon
seconding. The motion passed unanimously, 5-0. Moffet then asked staff to further
investigate the matter.
The eighth item on the agenda was Resolution No. 14, Series of 2006. A resolution
approving and authorizing the wireless broadband network and lease agreement (the
"Agreement") between the Town of Vail (the" Town") and CenturyTel Broadband
Services, LLC ("CenturyTel"), which agreement pertains to certain respective rights and
responsibilities of the Town and CenturyTel in relation to providing atown-wide wireless
broadband network. At the request of Council, the Town of Vail issued a Request for
Proposals (RFP) for a town wide wireless network on March 17, 2006. On May 12, 2006
the selection committee chose CenturyTel for the award of the wireless RFP. Town
Attorney Matt Mire stated Council met in Executive Session earlier in the day to discuss
the agreement. Moffet moved to adopt the resolution with Logan seconding.
• Representing CenturyTel, Jim Selvy explained 86 wireless nodes would be stationed
throughout the town. Gordon attempted to clarify whether there would be 100%
coverage throughout town. CenturyTel representative Bob Stone stated that 90 to 95%
coverage would be possible. Newbury clarified new streetscape light posts cost $2,000 a
piece and questioned whether the wireless nodes should be hung upon them. Logan
asked what the alternative was to not place the nodes on the lamp posts. Foley
encouraged the use of third party sites (for node placement) in the commercial core
areas. Bob Macklin, Sky Pilot (node manufacturer) representative, described the
technological advantages and disadvantages of the wi-fi units and their placement.
During the public comment period, PEC Member Bill Jewitt asked for a clarification on
the pricing. Stone explained wi-fi is a competitive market and the available services
would be priced accordingly. Town of Vail Information Technology Director Ron Braden
said the service would be free for one hour, thereafter the user would have to either pay
or log-in again. The motion passed unanimously, 6-0.
The ninth item on the agenda was the Town Manager's Report. There was nothing
reported.
The tenth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury
seconding. The motion passed unanimously, 6-0. V~
~~~!~~i~l~ ~
v
Farrow Hitt, Mayor Pro-Tem
ATTEST:
,-
~__
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
C~
4
Vail Town Council Evening Meeting Minutes
Tuesday, August 1, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Ruotolo
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation. Former Mayor Bob Armour
complimented the Vail Police Department for hosting National Night Out, a crime
prevention event.
Sheika Gramshammer of Hotel Gasthof Gramshammer expressed disapproval about the
Vail Village noise ordinance. She asked that a grace period be extended past 10 p.m.
as musical entertainment enhanced the guest experience seven days a week.
The second item on the agenda was the Consent Agenda.
a. Approval of Evening Meeting Minutes for July 11 and July 18.
Moffet moved to approve the consent agenda with Foley seconding. The motion passed
unanimously, 7-0.
The third item on the agenda was a Wildlife Protection Discussion. Town Attorney Matt
Mire asked Council to review the staff memorandum contained in the packet and discuss
possible amendments to the Town of Vail Wildlife Protection regulations to more
effectively further the purpose of the Wildlife Protection Chapter of the Vail Town Code.
In August 2002, and in response to a dramatic increase in human-bear conflicts, the Vail
Town Council adopted Ordinance No. 19, Series 2002, which amended the Vail Town
Code to include a Chapter regarding the Wildlife Protection. The stated purpose of the
Wildlife Protection chapter was to "protect and maintain wildlife in the Town of Vail and
i surrounding areas and to minimize the risk of dangerous interaction between humans
and wildlife." On July 11, 2006, and based upon the testimony from town staff and Bill
• Andree of the Colorado Department of Wildlife regarding the effectiveness of the 2002
• ordinance, Council directed staff to prepare an agenda item for the Council's
consideration of amendments to the Wildlife Protection Chapter which would more
effectively serve the purpose set forth above. On July 18, 2006, the Council passed an
emergency measure which removed the requirements for warnings to first time offenders
from the current Wildlife Protection regulations and also eliminated maximum fine
amounts. Accordingly, first time offenders of the current wildlife protection regulations
are now subject to the general penalty provision of the code (up to $999 in fines and
incarceration of up to 180 days, or both). Police Commander Steve Wright reported
since the inception of the aforementioned emergency ordinance, 11 residences and four
businesses had been cited. He explained, "Many cases are people who put their
garbage out before they go to bed." Matt Donovan, representing Vail Honey Wagon,
explained "bear resistant" waste receptacles would cost consumers $150 per can with
"bear proof" sheds costing as much as $500. Gordon asked if refuse collection would go
up if trash haulers were required to provide bear resistant cans. Neither of the trash
haulers present commented. Although it was explained no plastic container would be
totally bear proof, Bill Andree said plastic bear resistant containers would promote
negative conditioning. During the public comment period, Sally Jackle thanked Council
for passing the emergency ordinance, and asked them to require all garbage to be bear
proof if outside all the time and bear resistant if taken out on garbage day. Bob Armour
said the recently passed emergency ordinance was appropriate and timely. He
emphasized, "We need to be measured in our response." Phyllis Dixon encouraged
more stringent enforcement of the existing code. Chris Fitzgerald supported further
exploring bear proof/resistant options. Moffet encouraged residents to report unsecured
refuse containers to the Police Department. Foley asked about the possibility of using
Real Estate Transfer Tax (RETT) funds to reimburse residents for the purchase of bear
. proof/resistant containers. Wright clarified the municipal judge had the ability to
determine appropriate punishment including the requirement of bear proof containers.
Following the public comment period, the Council directed Mire to prepare an ordinance
for consideration at the Aug. 15 meeting with requirements ranging from plastic trash
bins equipped with latches for most residences, to steel bear-proof containers for multi-
family, commercial and construction uses.
The fourth item LionsHead Parking Structure Redevelopment Request For Proposals
(RFP). Due to a predetermined conflict of interest (East West Partners affiliation), Slifer
recused himself from the item and left the Council Chambers. The afternoon work
session with Council and two members of the Planning and Environmental Commission
(PPEC) and two members of the Design Review Board (DRB) was intended to provide
an opportunity to interview the two competing developers that responded- ' to the
LionsHead RFP. Those two developers include: East West Partners, and Open
Hospitality Partners & Hillwood Capital Partnership. Staff requested Council receive
public input on the LionsHead RFP and then provide direction to staff on whether to
invite the above mentioned developers to submit detailed proposals to the town based
on the process and schedule provided in the staff memorandum. Council was also
requested to provide input on changes or modifications it would like to see in the
proposed process provided in the staff memorandum. Logan said both development
groups appeared to be professional and quite competent. He asked for the parking
structure parcel to be appraised and an explanation on development rights for the
property. He expressed particular concern over the feasibility of the timeliness of harking
structure redevelopment and subsequent transportation impacts. He then asked for a
formal recommendation from the parking task force regarding long-term parking 'needs.
Gordon asked for an independent construction feasibility analysis. Foley noted the public
benefits that could be derived from the project. Moffet explained Vail taxpayers would
benefit simply by not having to "foot the bill" for maintenance on an obsolete parking
structure. Moffet moved to invite the two above mentioned developers to submit detailed
proposals to the town and to direct staff to provide an independent property appraisal of
the parcel with Gordon seconding. Hitt explained the project would have benefits for the
community, although, "I don't want to slow it down...) want more information before we
start spending these folks' money...) need to know the value of property and have a
better explanation of the possible ownership scenarios." He also encouraged waiting for
the housing rational nexus study. PEC Member Bill Jewitt expressed concern that to
start in the spring of 2008 would require having "everything fall into place perfectly." He
then stressed the importance of community involvement. DRB Member Margaret
Rogers said she was impressed by the proposals and the town could only benefit by
inviting both groups back. During the public comment period, Bob Armour asked
Council to schedule an evening presentation so as to better inform the public of the
proposed project and process. Zemler recommended having the two applicants hold
public presentations. The motion passed 4-2, with Foley and Hitt opposed.
The fifth item on the agenda was an appeal of the Town of Vail PEC's approval, with
conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior
Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion
Square Lodge North, located at 660 West LionsHead Place/Lot 8, Block 1, Vail
LionsHead Filing 3 (PEC06-0019). Town Attorney Matt Mire explained Council would be
asked to uphold, overturn, or modify the PEC's approval, with conditions, of a major
exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or
Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge
• North, located at 660 West LionsHead Place/Lot 8, Block 1, Vail LionsHead Filing 3.
Planner Bill Gibson then explained on June 26, 2006, the PEC approved, 'with
conditions, a final review of a major exterior alteration, pursuant to Section 12-7H-7,
Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of
the Lion Square Lodge North, located at 660 West LionsHead Place/Lot 8, Block 1, Vail
LionsHead Filing 3. The Vail Town Council "called-up" this PEC action at its July 11,
2006, hearing. Additionally, the Montaneros Condominium Association, Inc. filed an
appeal of this PEC action. Representing the Montenaros Homeowners Association, Alex
Preiser said the Association did not believe the proposed redevelopment met provisions
laid out in the LionsHead Master Plan. He believed the proposal extended an alreddy
non-conforming use. Preiser also said he was concerned over a lack of easements as
the properties were adjacent and construction would require staging on Montenaros
property. "We looked to be part of the planning process although felt that our concerns
fell on deaf ears." Montaneros property owner Scott Wojakowski said he feared his
property's monetary value would be negatively impacted. Montenaros property owner
John Hogan said he supported the remodeling of the LionsHead North although
disagreed with the proposed 82 foot tower. "That directly affects 12 to 15 Montenaros
condominiums." Representing the developer and homeowners association, David Viele
presented a computer generated model of the project and explained why he believed the
proposal met LionsHead Master Plan guidelines. He then explained when the
Montenaros Building was renovated they did not have to obtain legal easements. Preiser
argued the two buildings evolved as part of a common development plan and the
proposal did not show that. "The spirit of the original setbacks is not being met." He then
explained his Association did not have time to adequately address the propos'al's
• drawings. Antlers Lodge (adjacent property) Manager Rob Levine supported `the
proposal and said he believed it meets the intent and purpose of the LionsHead Master
3
Plan. Foley said he was apprehensive of the project as it would adversely impact
Montenaros property owners. Moffet moved to uphold the PEC decision with Newbury
seconding. Montenaros property owner Chic Gleicer explained no documentation
existed regarding the placement of the existing property line (nine inches from the
Montenaros building). Gordon verified the exchange of the property was considered a
legal sale. Town Engineer Tom Kassmel described parking space size requirements
(difference between parallel and mandatory valet parking dimensions). Foley and Slifer
expressed concern that no on-site employee housing was being provided. The motion
passed 6-1, Foley opposed.
The sixth item on the agenda was aCrossroads/Solaris request for assistance in
eliminating certain restrictive covenants of Vail Village First Filing, which may likely
prohibit the `public amenities' as approved by the Town as part of Special Development
District No. 39, Crossroads. Town Attorney Matt Mire asked Council to discuss the
request set forth in the correspondence to the town, dated July 17, 2006, from Reed F.
Weily, Esq., regarding the town's assistance in eliminating the above-referenced
restrictive covenants, and provide staff direction on next steps. Certain restrictive
covenants of Vail Village First Filing may prohibit the public amenities as approved for
the Crossroads/Solaris redevelopment, also known as Special Development District
(SDD) 39. Accordingly, the developer has requested the town's assistance, along with
the assistance of the Vait Reinvestment Authority, to eliminate the subject restrictive
covenants. Moffet moved to direct the Director of Community Development to start the
process, as requested, by commissioning the appropriate study of the subject area and
taking any additional steps, including the preparation of an urban renewal plan for
council approval with Gordon seconding. The motion passed unanimously, 7-0.
The seventh item on the agenda was an Eagle River Water and Sanitation District
(ERWSD) Easement Request. ERWSD is relocating an existing sanitary sewer line from
an existing utility bridge to a Town of Vail owned tract that lies due south of the ERWSD
building along W. Forest Rd. The below ground installation will require a utility
easement. Staff recommended Council approve the utility easement as shown with the
condition that within one year of the removal of all ERWSD utilities from the existing
utility bridge, the utility bridge be removed. Newbury moved to approve the request with
Moffet seconding. The motion passed unanimously, 7-0.
The eighth item on the agenda was Ordinance No. 19, Series of 2006, an Emergency
Ordinance Repealing a Moratorium on the Submission and Processing of Building
Permits and Land Use Approvals in the Lionshead Mixed Use 1 and Lionshead Mixfrd
Use 2 Zone Districts which would result in the Net Loss of Accommodation Units,
Parking Spaces and Employee Housing Units. Town Attorney Matt Mire reported on
April 18, 2006 the Council adopted Ordinance No. 13, Series 2006 establishing a sixty
(60) day moratorium on the submission and processing of building permits and land use
approvals in LionsHead Mixed Use 1 and 2 zone districts. Said moratorium was
extended for an additional sixty days, via Ordinance No. 15, Series 2006. Because the
council has now effectuated relevant text amendments to the LionsHead Redevdfopment
Master Plan, via Resolution No. 4, Series 2006, the moratorium is no longer necessary.
Hitt moved to approve with Foley seconding. Moffet clarified his vote was based on no
net loss on demolitions and rebuilds. The motion passed unanimously, 7-0.
. The ninth item on the agenda was the second reading of Ordinance No. 6, Series 2006,
An ordinance repealing. and reenacting Title 9, Chapter 1, Vaii Town Code regarding
4
water quality within the Town of Vail. This ordinance provides definitions and
amendments to Title 9, Vail Town Code which, will further clarify prohibited acts and
provide for more effective enforcement by the Town to prevent injury to the Town water
supplies. Moffet moved to approve with Newbury seconding. The motion passed
unanimously, 7-0.
The tenth item on the agenda was the second reading of Ordinance No. 17, Series of
2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on
Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town
Code, to allow for an amendment to increase the amount of allowable site coverage on
lots with excessive slopes from a maximum of 15% to a maximum of 20% but limiting
site disturbance to 60% on such lots. On April 24, 2006, the PEC conducted a work
session during which staff was directed to draft changes to their suggested modified
version of the applicant's proposed text amendment. On May 8, 2006, the PEC
recommended approval of the proposed text amendment to the Vail Town Council, as
modified by staff. On July 18, 2006, the Vail Town Council approved Ordinance No. 17,
2006, as written upon first reading. Moffet moved to approve with Newbury seconding.
The motion passed unanimously, 7-0.
The eleventh item on the agenda was Resolution No. 15, Series of 2006, A Resolution
authorizing the Town Manager to enter into an Intergovernmental Agreement with
Colorado Department of Transportation (CDOT). Town Engineer Tom Kassmel asked
Council to authorize the Town Manager by resolution to enter into an Intergovernmental
Agreement with CDOT in order to complete the 2006 Roadway Maintenance Project
Frontage Road Overlay project for the amount of $330,000.00. Council approved of the
town entering into a contract with B&B Excavating for the completion of the 2006
Roadway Maintenance Project on June 20 of this year. The project consisted of a
maintenance asphalt overlay on portions of roads in East Vail, drainage improvements
and an asphalt overlay on Arosa Dr., Davos Trail, Garmish Dr. and a portion of
Chamonix Ln. The work also included an asphalt overlay on the S. Frontage Rd. west of
the West Vail Roundabout that was approved on the condition that the Town would enter
into an IGA with CDOT for reimbursement. The project was budgeted as follows:
$642,842.08, Capital Street Maintenance Budget; $25,000.00, RETT-Trailhead
Improvements Budget; and $128,896.52, CDOT. After that approval, CDOT was able'to
appropriate additional funding in the total amount of $330,000 for additional maintenance
asphalt overlays on the Frontage Roads. Council was then asked to approve a
resolution to authorize the Town Manager to enter into an Intergovernmental Agreement
with CDOT in the amount of $330,000.00 for maintenance overlays of the Frontage
Roads. The amount will be reimbursed to the Town by CDOT at the completion of tie
project. Moffet moved to approve the resolution with Foley seconding. The motion
passed unanimously, 7-0.
The twelfth item on the agenda was the Town Manager's Report. Possible TOV
sponsorship of Copper Mountain Consolidated Metro District (CMCMD) for membership
in CIRSA. Moffet moved to sponsor CMCMD with Foley seconding. The motion passed
unanimously, 7-0.
Foley thanked local resident Ian Anderson for his contributions to the community as
communications director for the Vail Valley Chamber & Tourism Bureau. Anderson
recently announced plans to relocate to a new job.
The thirteenth item on the agenda was Adjournment. Moffet moved to adjourn at 9:45
p.m. with Newbury seconding. The motion passed unanimously, 7-tJ.
~~~~
Rod Slifer, Mayor
ATTEST:
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•. L
Lorelei Donaldson, Town Clerk ~ ,S~a ~9~
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Minutes provided by Corey Swisher.
• Vail Town Council Evening Meeting Minutes
Tuesday, August 15, 2006
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: Kent Logan
Rod Slifer, Mayor
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Not Present: Farrow Hitt, Mayor Pro-Tem
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Participation. Tommy Neyens expressed
concern over the potential LionsHead parking structure redevelopment. "We need to
figure out alternative parking...We need to do something different than tear down the
structure we have right now."
Guiqui Hoffman, representing her sister Nicole Hoffman Ewing, read a letter expressing
displeasure over how fast the LionsHead redevelopment RFP was occurring.
"LionsHead is being redeveloped too quickly." Guiqui then questioned the speed and
necessity of the structure's redevelopment.
Kim Newbury entered the Council Chambers at 6:15 p.m.
Bob Isom asked Council to, "Come down and see how difficult it is to perform business
in LionsHead." He then asked Council to wait until the Arrabelle was completed to begin
redevelopment on the LionsHead parking structure.
Bill Suarez, owner of Billy's Island Grill said, "We will not be in business if you take that
parking structure away from us." He then questioned the need for commercial space in
LionsHead.
Vail Chamber and Business Association President Richard TenBraak asked Council to
use due diligence prior to redeveloping the LionsHead parking structure.
Tom Ludwig, co-owner of Montauk Seafood Grill, encouraged Council to use caution in
redeveloping the LionsHead parking structure.
Rick Soberman also encouraged Council to use caution with the parking structure
1
• redevelopment in LionsHead.
Packy Walker said, "It would be a travesty to this town if you tore that parking structure
(LionsHead) down."
Matt Carroll, general manager of Double Diamond Ski Shop in LionsHead, asked
Council to wait until the Arrabelle at Vail Square is completed before beginning another
project. "Give the people a chance to enjoy what we have to offer."
Jay Lucas, LionsHead ski shop owner, urged caution approaching the LionsHead
parking structure redevelopment.
Chris Manning, Swedish Clog Cabin, asked Council to put off LionsHead parking
structure redevelopment.
Craig Arford, Vail Ski TechNail Bike Tech owner said, "I don't see why you can't build
another parking structure in the West LionsHead area first before tearing down the
current parking structure."
The second item on the agenda was a Council "call-up" of Commission on Special
Events ("CSE") decision to award a services contract without an advertisement, request
for proposals ("RFP") or other bid process. Town Attorney Matt Mire explained Council
was asked to uphold, uphold with conditions or reverse a decision of the CSE. On Juiy
25, 2006, the CSE awarded a contract for $25,000 to CSE Member Stephen Connelly.
The contract was for a Special Event Guide and Application. On August 1, 2006, and
pursuant to Section 3-6-8(a) Vail Town Code, Council called-up the decision of the CSE.
Mire asked if Council wished the contract to be subject to an RFP. Moffet moved to do
so with Logan seconding. Gordon reiterated that development of the handbook was
important to the town. Rick Scalpello, organizer of the Vail Farmers' Market and former
CSE member said the guide would be beneficial to event promoters, subsequently
increasing town revenues. Moffet said he would have preferred documenting the intent
and purpose of the funds. `?his was fundamentally a new line item." Foley said, "With
an RFP maybe we can find somebody to do it for $20,000." The motion passed 5-1,
Moffet opposed.
The third item on the agenda was the discussion of the first reading of Ordinance No.
20, Series 2006, An Ordinance Repealing and Reenacting Title 5, Chapter 9 "Wildlife
Protection," Vail Town Code; Establishing Regulations and Standards Regarding the
Protection of Wildlife. Town Attorney Matt Mire explained, on August of 2002, and in
response to a dramatic increase in human-bear conflicts, Council adopted Ordinance
No. 19, Series 2002, which amended the Vail Town Code to include a Chapter regarding
Wildlife Protection. The stated purpose of the Wildlife Protection chapter was to "protect
and maintain wildlife in the town and surrounding areas and to minimize the risk of
dangerous interaction between humans and wildlife." On July 11, 2006, and based upon
the testimony from town staff and Bill Andree of the Colorado Division of Wildlife
(CDOW), regarding the effectiveness of the 2002 ordinance, Council directed staff to
prepare amendments to the Wildlife Protection Chapter which would more effectively
serve the purpose set forth above. On July 18, 2006, Council passed an emergency
measure which removed the warning requirement for first time offenders from the current
Wildlife Protection regulations and also eliminated the maximum fine amounts set forth
in the Code. Accordingly, first time offenders of the current Wildlife Protection
2
• regulations are now subject to the General Penalty provision of the Code (up to $999 in
fines and incarceration of up to 180 days, or both). On August 1, 2006, Council heard
testimony and evidence from town staff, members of the community, licensed waste
haulers and the Colorado Division of Wildlife. Council then provided direction to amend
the current regulations. The options below merely reflected the two desired concepts as
expressed at the Town Council Meeting of August 1, 2006.
Version # 1 -Would require all residents to obtain by April 15, 2007, at a minimum, a
Wildlife-Resistant Refuse Container (sturdy plastic with lid and latching mechanism). In
addition, said container when not in use must be stored in a house, garage or other
enclosure. If unable to store as such, then must have Wildlife-Proof Refuse Container
(metal), or an approved enclosure.
Version # 2 -Would require residents to obtain aWildlife-Resistant Refuse Container,
ONLY if their own container cannot be stored securely in a house, garage or other
enclosure when not in use.
Both Versions -Required the following:
• The "Dawn to Dusk" (6:00 am - 7:00 pm) regulation to be followed on a year-round
basis.
• Construction sites to have separate containers with refuse edible by wildlife emptied
at the end of each day, or Wildlife-Proof containers. ~. .
• Special Event Refuse must be emptied at the end of each day and stored in .the
appropriate type of refuse container.
• Multi-family and Commercial refuse which is edible by wildlife must be stored in a
Wildlife-Proof Refuse Container (metal), or aWildlife-Resistant Enclosure.
• Intentional and unintentional feeding of wildlife is prohibited.
• Compliance period is April 15, 2007, for those requiring special containers or
enclosures.
Police Chief Dwight Henninger said earlier in the day local trash haulers reported, they
were unwilling to empty metal residential refuse containers. "One-hundred-fifty-dollars is
expected to be the cost for a plastic bear resistant container." Mire clarified neither
ordinance contemplated a metal container being utilized for curbside pickup.. Chris
Fitzgerald, Garmisch Drive resident, encouraged steel receptacles built by Colorado
Correctional Industries be utilized as they are affordable. Blondie Vucich asked if bagged
trash placed on the curb the day of pickup was legal. "I am requesting a good
interpretation between the legal department and the police department." (Mire stated
bagged kitchen waste can not legally be placed curbside.) Sally Jackle asked for
clarification between the two ordinances and urged Council to adopt the strongest
ordinance possible. Henninger reported the dawn to dusk ordinance implemented in
2002 has been helpful in reducing calls for bear intrusions. Guy Ayrault said, "We do
have bears inside town during daylight hours...We will have more bears in town:,:.We
have to break the pattern of the situation." Former Mayor Bob Armour stated, "I lean
toward version (ordinance) number two...) still want a measured responseti'' Chris
Fitzgerald then said the Chamonix Chalets continue to maintain unsecured refuse
containers. Former Council Member Dick Cleveland said, "I lean toward version two for
a number of reasons...Version number two accomplishes what we want to do...A lot of
this is enforcement...) think it's time to mandate any conviction of the bear ordinance
~3
• that the court be required to impose purchasing a bear proof container...That way the
people who cause the problem pay for it." He then thanked Council for their support of
the Vail Pass bike path repaving. Rick Scalpello said, "If you are serious about fixing
this problem I encourage you to take the most stringent approach." Galen Aasland
encouraged a measured approach. Bill Andree, CDOW, encouraged the most stringent
waste receptacle management efforts. "It's a matter of how long you want to have a
nuisance in your neighborhood...As we reduce the problem we are going to have some
growing pains with bears...We have created a false food source." Newbury moved to
pass version two, adding that construction sites must have wildlife proof refuse
containers. The motion died for lack of a second. Moffet then moved to adopt version
one also adding that construction sites must have wildlife proof refuse containers, with
Logan seconding. He did encourage that any fines collected should be used to offset the
cost of purchasing new waste receptacles. "We are going to cause a financial hardship
and excessive burden, but version one will more effectively modify animal behavior."
Foley suggested including a provision that removes exclusion of town receptacles from
the regulations. Public Works Director Greg HaII said most of the town's waste
receptacles are collected early in the morning. Town Manager Stan Zemler asked
Council for time to allow staff to analyze the impacts of the suggestion, as it would be a
potentially significant cost to the town. Bob Armour emphasized, "If you do it for the
citizenry, you should do it for the town." The motion to approve the first ordinance failed
3-3, Newbury, Foley and Gordon opposed. Gordon asked for guidelines regarding the
specifications of enclosures be provided at the next meeting. Logan asked that any
ordinance brought forward require all fines collected be used for families with specidl
needs to purchase bear resistant containers. Gordon moved to table the item 'until
September 5, 2006, with Foley seconding. The motion carried 4-2 with Newbury and
Moffet opposed.
The fourth item on the agenda was the first reading of Ordinance No. 21, Series of
2006, An Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund,
and Dispatch Services Fund of the 2006 Budget for the Town of Vail, Colorado. Finance
Director Judy Camp clarified the supplemental budget contained updated revenue and
expenditure projections. Moffet moved to adopt the ordinance with Gordon seconding.
The motion passed unanimously, 6-0. Gordon noted the budget included additional
funding to purchase enough wind energy credits to offset the town's electric energy
usage. "We are the largest municipality in Colorado who is exclusively using wind
power."
The fifth item on the agenda was Resolution No. 17, Series of 2006, a resolution
amending certain sections of the LionsHead Redevelopment Master Plan revising the
detailed plan recommendations for future development on the Ski Yard and Lion Square
Lodge development sites, as prescribed in Chapter 5 of the LionsHead Redevelopment
Master Plan. On August 14, 2006, the PEC held a public hearing on the proposed
amendments to the LionsHead Redevelopment Master Plan. Earlier in the day Gouncil
visited the site and viewed potential encroachments. Planner Bill Gibson explained
according to Section 12-7H-10, Setbacks, Vail Town Code, requires a ten foot, setback
from all site boundaries, unless otherwise specified in the LionsHead Redevelopment
Master Plan. The Lion Square Lodge East renovation proposal included encroachments
into the prescribed ten foot setback area adjacent to the ski yard. Therefore, the Lion
Square Lodge, in cooperation with Vail Resorts, submitted a request to amend the
detailed plan recommendations of the LionsHead Redevelopment Master Plan to allow
4
for these encroachments. The Lion Square Lodge East and Vail Resorts subsequently
requested approval of amendments to Chapter 5, detailed plan recommendations and of
the LionsHead Redevelopment Master Plan to facilitate the proposed encroachments
into the setback area adjacent to the ski yard. Moffet moved to pass the resolution with
Newbury seconding. Foley asked what the public benefits were for the "upzoning."
Gibson responded none. The motion passed 5-1 with Foley opposed.
The sixth item on the agenda was the Town Manager's Report. There was nothing to
report.
The seventh item on the agenda was Adjournment. Moffet moved to adjourn at
approximately 8:00 p.m. with Newbury seconding. The motion passed unanimously, 6-0.
~~~ \
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ATTEST:
Rod Slifer, Mayor
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Lorelei Donaldson, Town Clerk '•
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Minutes provided by Corey Swisher.
5
Vail Town Council Evening Meeting Minutes
Tuesday, September 5, 2006
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: Kent Logan
Rod Slifer, Mayor
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Farrow Hitt, Mayor Pro-Tem
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Participation. Reflecting on the Labor Day holiday,
Gordon thanked the workers of Vail for everything they do to help Vail maintain its world class
status.
Local gallery owner Rayla Kundolf said a replica of the proposed entry feature for Meadow
Drive was being displayed at Masters Gallery. She encouraged the public to stop by and view
the piece and to forward feedback to the Art in Public Places board, which has proposed the
artwork.
Former Mayor Bob Armour asked Council to support a measured approach to a new wildlife
protection ordinance.
The second item on the agenda was the Consent Agenda.
a. Approval of August 1, 2006, and August 15, 2006, Meeting Minutes.
Moffet moved to approve the minutes without amendment with Foley seconding. The motion
passed unanimously, 7-0.
The third item on the agenda was a Commission on Special Events (CSE) Appointment.
One vacancy existed on the Town of Vail CSE. Applicants must be residents of the Town of
Vail, own real property within the Town of Vail, own a business in the Town of Vail, or be
employed within the Town of Vail. Members of the CSE serve at the will of the Town
Council. The CSE supports Council goals and objectives and makes decisions in alignment
', • with the Town Council's marketing direction. The mission of the CSE is to support street
entertainment and special events for vitality, year-round fun, sense of community and
• increased quality of experience for guests and residents. The functions and/or duties of CSE
include, but are not limited to: hiring and overseeing a director and/or staff, as well as event
producers and/or promoters; creating, funding and seeking special events for the Town of
Vail; evaluating event applications and event success; submitting an annual budget for
operations and events; coordinating the community calendar for special events; seeking out
additional funding for special events through sponsorships and donations; evaluating and
executing contracts for special events; and all other functions as directed by the Town
Council. The town received three applications for the vacancy. Council interviewed each
applicant at the work session and then appointed one applicant to the CSE during the
evening meeting. The applicants were as follows: Rayla Kundolf; Tom Neyens; and Heather
Trub. Hitt moved to appoint Heather Trub to the CSE with Moffet seconding. The motion
passed unanimously, 7-0.
The fourth item on the agenda was the Town Manager's Report.
a. Sign Code Questions
On August 1, 2006 the Community Development Department reviewed several issues
related to signage and outdoor displays with the request to either begin consistent
enforcement of the current code or make modifications to the code. At the conclusion of the
work session, Council directed staff to make several modifications to the code. Based on
that Council meeting and subsequent discussions with merchants, staff would propose
evaluating and updating the code as it relates to several specific issues:
1. Seasonal (summer) promotional signage.
2. Menu Special Boards.
3. Creating a lease option for outdoor displays on public property.
Zemler proposed first using the Economic Council to develop policy solutions to these
questions and then having 1-2 broader discussions with the merchant community to discuss
proposed policy solutions. Council directed Zemler to proceed.
b. I-70 Coalition
Zemler stated the I-70 Coalition would be hosting a transit workshop and retreat on October
17-18 at Copper Mountain. Items to be discussed are: determine the organization's future
structure; identify transit opportunities and potential partners; discuss federal requirements to
qualify for transit funds as well as develop performance, land-use and operating principles for
transit in the I-70 Corridor. "The coalition is rapidly expanding in the private and public
sector...We are progressively adding some key private sector entities."
The fifth item on the agenda was the Construction Update. Public Works Director Greg Hall
reported Village Streetscape had begun on Meadow Drive. "Demolition on the rock wall at
the Gore Creek Promenade pedestrian bridge to mitigate soil erosion has also started...The
Front Door project is installing a gas line as well as other few minor projects in the
Vitlage...The majority of work surrounding the Village parking structure will be buttoned up
prior to Oktoberfest." Hall then discussed the raw water conversion process occurring at the
Vail Golf Club.
The sixth item on the agenda was review and approval of recommendations of the Parking
Task Force for 2006-2007 season. Hall asked Council to review recommendations of the
• Parking Task Force and approve parking policies for the 2006 -2007 winter season. Council
established the parking task force to provide recommendations regarding parking operation
2
policies each year. "The group has recommended an adjustment in rates to meet increased
operating costs and lessen the previous steep increase between the one-and-a-half and two-
hour time frame. They also recommend a small increase to the gold pass price to reflect the
increase in the daily rate." The following recommended changes were then made.
Existing Rates Fees Are Good 7 Davs A Week
Less then 1 ~/z hour Free
1~/zto2hr. $ 4
2to4hr. $10
4to6hr. $15
6 to 24 hr. $ 16 All Day Cap
Proposed Rates Fees Are Good 7 Davs A Week
Less then 1 ~/z hour Free
1~/zto2hr. $ 4
2to3hr. $ 8
3to4hr. $12
4 to 5 hr. $ 16
5hr to 24 hr $ 17 All Day Cap
The Gold Pass was recommended to be increased by $50 from $2,000 to $2,050. Hitt, who
chairs the Parking Task Force, commented that the recent Task Force meeting was the most
productive parking meeting he had ever attended. Moffet expressed concern that staff and
the Task Force were developing policy without "specific Council direction." He continued,
"The Parking Task Force had received direction in the past to be revenue neutral." His
concerns were brought about by the Task Force's decision to raise parking rates. Foley, also
a member of the Parking Task Force, said he would have preferred raising all parking rates
to encourage use of public transportation. Moffet then moved to adopt the recommendations
with Foley seconding. The motion passed unanimously, 7-0. For more information, contact
Greg Hall at 479-2160.
The seventh item on the agenda was a Discussion of LionsHead Parking Structure Request
For Proposals (RFP). Due to a predetermined conflict of interest (East West Partner
affiliation), Slifer recused himself from the item and left the Council Chambers. Community
Development Director Russ Forrest then asked Council to review and provide direction on
funding for resources to assist in the due diligence of the LionsHead Parking Structure RFP
process. Forrest reminded Council that on August 15` Council directed staff to invite Open
Hospitality Partners and East West Partners to prepare proposals consistent with the
LionsHead Parking Structure RFP. In addition, Council asked that an appraisal be
completed on the property and resources be obtained to review the financial plan and
construction plans for the proposals as part of the selection process. Forrest discussed
having two appraisals prepared, stipulating the value should assume the parcel would
include 1,150 parking spaces. Responding to a question regarding parking and transit, Hall
stated LionsHead is a better location for a parking structure rather than West LionsHead.
Logan questioned the scheduling feasibility of the overall development of West LionsHead.
"There has to be more of an understanding of the requirements of transportation, parking,
housing...We should have some discussion about a transit center...Vail Resorts has veto
power over any redevelopment of the LionsHead parking structure...To not have a net
increase in parking on that parcel is irresponsible...What we have laid out here is just not
practical." Zemler clarified once the conceptual proposals are received the town would take
as much time as was required to evaluate needs and determine project requirements. "We
. are not in a hurry... We are looking to get this concept stage to closure...The covenants on
the property can be removed by the town...That is certainly not a threat it is simply a
fact...We will take our time to evaluate all potential impacts" Hitt asked about the value of
the public input received during the town's Vail 20/20 process. Newbury asked if the
potential developers' individual outreach efforts had been effective. Moffet said, "We should
try to align our policy directives...Pretty soon we should discuss what 1,000 additional
parking spaces are desirable to us as a town, community and resort...First and foremost, let
us do our job...We essentially received an unsolicited offer on our house...) feel like we are
trying to find ways to say no, when we don't know what we are saying no to...We need to
play this and negotiate this as hard as we can." Gordon emphasized he would work for a
win-win situation. "We are taking something very positive and trying to make something
negative out of it...Let's work very hard to make this thing happen." Foley encouraged giving
the town a respite from continuing construction. During a pause for public comment, Rick
Scalpello expressed concern over the valuation methodology of the appraisal. Moffet moved
to approve funding the parcel's appraisals with Hitt seconding. Representing the Vail Village
Homeowners Association, Jim Lamont, clarified what information the appraisals would
provide. He then encouraged Council to evaluate potential privatization for other public
needs. Logan emphasized Council would remain as prudent as possible. Rayla Kundolf
encouraged Council to increase their presence in the community to disseminate their plans
and intentions. The motion passed 5-1, Foley opposed.
The eighth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail PEC's denial of floodplain modifications, pursuant to Chapter
14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail
White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village
Filing 1, (generally located east of the lnternational Bridge on Willow Bridge Road) (PEC06-
0050) . On August 7, 2006, the PEC denied a floodplain modification request, pursuant to
Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of
Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village
Filing 1, (generally located east of the International Bridge on Willow Bridge Road). On
August 15, 2006, Council "called-up" this PEC action. Staff recommended Council table the
item until September 19, 2006, to address an issue related to the public hearing notice.
Moffet moved to table the item with Gordon seconding. The motion passed unanimously, 7-
0.
The ninth item on the agenda was a Bighorn Park Playground Improvements approval.
Landscape Architect Gregg Barrie provided background during the work session and
requested Council choose an option for proceeding with the Bighorn Park Playground
Renovation. In February of 2006, staff presented a plan for the renovation of the Bighorn
Park Playground to Council. Feedback was considered generally positive and Council
informally approved the design. Only one proposal for construction was received and it was
substantially higher than the cost estimate. Several options for proceeding with the project
were then outlined. "As with our past several playground renovations, custom play structures
and the inclusion of artwork are the basis for the design...The Bighorn Park design is based
on the construction of wooden sculptures that would serve as play structures to which
various play equipment such as slides, bridges, and ladders could be attached." The
sculptures, or "Blooms", are shaped as inverted cones and constructed of lodge pole pine
killed by mountain pine beetle. The design creates a unique playground that blends with
Bighorn Park's natural setting, reuses some of the existing play structure and site elements,
and generally follows the comments received from the neighborhood open house in 2005.
Moffet moved to approve $346,000 for the project and award a construction contract to
Plumb Kendall construction with Hitt seconding. The additional funds required to complete
the project as originally approved will come from several projects being moved back to 2007
• but previously funded for 2006. The motion passed unanimously, 6-1, Foley opposed.
4
• The tenth item on the agenda was a Timber Ridge Affordable Housing Corporation (TRAHC)
Update. The Board of Timber Ridge Affordable Housing Corporation requested $200,000
from the town's existing buy-down budget for use in remediating 24 additional units (making
them available for habitation). Currently 158 units have been remediated following the
discovery of mold and are being rented. An additional 18 units are in process of remediation.
Cash flow with the additional 18 units is projected to turn negative in 2009 when the first
principal payments become due on the Series A bonds used to finance the parcel's
acquisition. At least three local employers have indicated interest in master leasing more
than the 18 units in process. A sewer blockage, which was previously thought to be a more
serious problem, was repaired in the two remaining buildings and a plan for remediation has
been discussed with a hygienist. Remediating the final buildings will provide 24 units of
housing this year and provide positive cash flow indefinitely. Moffet moved to approve a
$200,000 transfer from the housing buy-down program into the Capital Projects Fund with
Newbury seconding. Mire noted for the record and to be included in the motion the loan
serves a public purpose as affordable housing is critical for the town's economic vitality.
Gordon clarified all of Timber Ridge would now be remediated. Hitt asked that staff closely
monitor the quality of remediation and renovations. The motion passed unanimously, 7-0.
The eleventh item on the agenda was the second reading of Ordinance No. 21, Series of
2006, an ordinance making supplemental appropriations to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and
Dispatch Services Fund of the 2006 Budget for the Town of Vail, Colorado. Budget and
Financial Reporting Manager Kathleen Halloran was available to answer questions regarding
the supplemental appropriations. The town's forest health project received significant interest
and discussion. Foley clarified the forest health project was a joint effort between the town
and U.S. Forest Service (USES). Fire Technician Tom Talbot explained plans and outlined
safety considerations related to the removal by helicopter of lodge pole pines in the Greenhill
Court area. Fire Chief John Gulick explained there would be a significant fire prevention
education campaign in the near future. Zemler then clarified the Vail Fire Department did not
have a dedicated wildland fire division as some larger communities do. He then discussed
the potential for increased fire department duties with the creation of an additional company
in West Vail. Moffet asked to have a wildland fire discussion at an upcoming meeting. Moffet
then moved to approve the supplemental appropriations with Newbury seconding. Hitt
expressed concern over pedestrian bridge and trail improvements on Westhaven Drive.
Slifer encouraged performing involuntary home fire safety inspections. The motion passed 6-
1, Hitt opposed.
The twelfth item on the agenda was the first reading of Ordinance No. 23, Series of 2006,
an ordinance submitting a proposed amendment to the Town of Vail Home Rule Charter to
the voters of the Town pursuant to Colorado revised statutes, section 31-2-210. Mire
explained Section 31-2-210 of the Colorado Revised Statutes authorizes the governing body
of a Colorado home rule municipality to submit proposed Home Rule Charter amendments to
the voters of such municipality by ordinance. Council requested a review of proposed
language amending Section 3.2 concerning terms of council members. The proposed
language would have made all terms of Council Members to be four years starting in 2009.
The proposed language would not have changed current term limits of eight years (or with
the new language =two terms). Moffet explained the present charter language was superior
to that which was proposed. Gordon said, "I don't feel this is a pressing issue warranting an
emergency ordinance to get it on the ballot'. Hitt moved to pass the ordinance. The motion
died for lack of a second.
The thirteenth item on the agenda was Resolution No. 16, Series 2006, A Resolution
Directing All Members of the Town of Vail Police Department to Cooperate with the State
and Federal Officials with the Regard to Enforcement of State and Federal Laws Regarding
. Immigration and Further Directing all Members of the Town of Vail Police Department to
Comply with the Requirements of Colorado Revised Statues (C.R.S.) § 29-29-103(2)(a).
Police Chief Dwight Henninger explained the General Assembly of the State of Colorado
enacted legislation designated as SB06-090, setting forth certain policies and regulations
regarding immigration. A portion of SB06-090 has been incorporated into the Colorado
Revised Statues (C.R.S.) as C.R.S. § 29-29-103. Colorado Revised Statues § 29-29-
103(2)(a), sets out certain requirements for local peace officers to comply with concerning
immigration. C.R.S. § 29-29-103 requires the local governing body of each local government
to pass a resolution of this type, specifically directing its peace officers to cooperate with
state and federal officials with regards to enforcement of state and federal laws regarding
immigration and further directing its peace officers to comply with the provisions of C.R.S. §
29-29-103(2)(a), even though a resolution directing local police officers to comply with other
duly enacted state statutes has never been required or necessary. The Colorado General
Assembly has declared that any local government violating C.R.S. § 29-29-103(1) or (2)(b)
shall not be eligible to receive local government financial assistance through grants
administered by the Department of Local Affairs until such time as the local government is in
compliance with C.R.S. § 29-29-103(1)(2). Henninger then explained the resolution was an
unfunded mandate and "won't change the way we do things." Hitt moved to approve the
resolution with Moffet seconding. The motion passed unanimously, 7-0.
The fourteenth item on the agenda was adjournment. Moffet moved to adjourn with Foley
seconding at approximately 8:35 p.m. The motion passed unanimously, 7-0.
/ ~
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Rod Slifer, Mayor
ATTEST:
~~
Lorelei Donaldson,
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Town Clerk
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6
. Vail Town Council Meeting Minutes
Tuesday, September 19, 2006
6:00 P.M.
Vail Town Council Chambers
Council Members present:
Rod Slifer, Mayor
Farrow Hitt, Mayor Pro-Tem
Kim Ruotolo
Greg Moffet
Kent Logan
Kevin Foley
Mark Gordon
Staff Members present:
VRD Members present:
(Vail Recreation District)
. Recreation Staff present:
Stan Zemler, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
Scott Proper
Ken Wilson
Michelle Hall
Rick Sackbauer
Michelle Hall
Mike Ortiz, Exec. Director
The first item on the agenda was Citizen Participation. Representing Radio Free
Minturn, Brian James reported the station began broadcasting June 23`d of this year and
the station is operated by unpaid volunteers. Their mission is three fold: (1) to present
an alternative music source; (2) to provide educational opportunities for adults and
students (they are currently partnering with Eagle County schools and have students on
air on Fridays); and (3) to provide a public service. They have no commercials, only
public service announcements. They will begin streaming on the web in the next two
weeks.
Mayor Slifer announced Vail had once again been named #1 ski resort for the 14th time
in 19 years.
The second item on the agenda was the Consent Agenda. No items were addressed.
The third item on the agenda was the Town Manager's Report.
a. Construction Update
Public Works Director Greg Hall reported crews are continuing with streetscape
improvements on East Meadow Drive, including placing pavers on private property in
Vail Village. Work on the pedestrian bridge over Gore Creek will take place next week
and boiler work is underway in the Village parking structure. Also, Vail Plaza Hotel &
Club will start public improvements on the Frontage Road pending approvals from the
Colorado Department of Transportation (CDOT). Trenching is occurring at the east and
west ends of LionsHead Place. On the LiansHall Mall, pavers will be installed from Bart
and Yeti's toward the gondola in the next two weeks. Also, the Bighorn Park playground
renovation had begun. Eagle River Water and Sanitation District (ERWSD) was reported
to be working in the Streamside area in West Vail. Zemler noted the fire pit on Wall
Street was operational on. Also, a newsstand had been installed in LionsHead to be
operated by Vail Resorts.
Zemler advised Council the start of paid parking would coincide with the opening of ski
season on Nov. 17 as recommended by the Vail Parking Task Force. Mark Gordon
noted the need to increase bus service with the start of paid parking. Greg Hall stated
that although full bus service would not begin until December 10, the summer-plus
schedule could be offered, although it is not currently funded. Greg Moffet asked if the
incremental income from the early opening of paid parking could pay for the increased
bus service. Hall was directed to return to Council on October 3 with cost estimates for
the added service.
Update Regarding Expenditure of Vail Local Marketing District Funds Zemler reported
the Vail Local Marketing District gave clear direction to the Advisory Council earlier in the
day. The direction is to continue to leverage valley wide amenities through visual
photography. However, those amenities would not be eligible to be listed as participating
businesses in a campaign, such as the recent "8150" promotion.
The fourth item on the agenda was the Vail Parks and Recreation Master Plan. Chris
Dropinski and Karen Brannon of Greenplay presented their study findings. They had
completed a mapping and inventory of recreation assets in the district and met with'the
combined Town/Recreation District subcommittee. The mapping of facilities looked at
who they serve and their condition. They scored the facilities on community access and
found that Ford Park scored highest and indoor facilities such as Dobson ice arena
scored much lower. The map combined scoring of all components (indoor and outdoor).
In addition, their findings showed:
1. In some cases fees were not as high as they could be, but neither was the
experience.
2. The town needs to update their agreements with the Recreation District and they are
moving forward with that.
3. Deferred maintenance of facilities needs to be taken care of and the cost needs to be
determined to decide whether to renovate or rebuild.
4. Capital priorities: (1) Golf course clubhouse; (2) the Imagination Station; and (3) Ford
Park Redesign to address conflicts in activities and lack of parking.
5. Facility and permitting process limits recreational programming for residents and
tourists. Need to increase special events such as Lacrosse, Ride the Rockies and
cultural events.
6. Need to increase partnerships and use resources efficiently.
7. No non-resident fee structure in place.
Dropinsky then asked Council if they agreed with these areas of focus. Mark Gordon
noted in the Vail 20/20 meetings they heard that a swimming pool was needed and'that
was not represented in the Greenplay report. Kent Logan said he was struck by thrr lack
of use at Dobson arena. Vail Recreation District Director Mike Ortiz said that while they
,.
2
are working on increasing the number of special events with concerts coming in
February and March of 2007, other programming at Dobson is going well. Rick
Sackbauer, Recreation District board member, said some of the areas of focus listed for
the future should be moved to the present. He stated that the Board is ready to move
forward. He noted the need to update the Ford Park Master Plan, which was adopted in
1997. Mayor Slifer directed staff to provide copies of the current plan to the board
members and asked the recreation board to make suggestions on modifications. Greg
Moffet said there is a need to balance programming between special events and ice time
at Dobson. He offered support for the current areas of focus and reiterated the need to
update agreements and clarify obligations since capital improvements are a high priority.
Kim Newbury expressed her interest in using Dobson more frequently as a special event
venue, especially since the conference center was voted down. Farrow Hitt identified
capital improvements and marketing as his top priorities. He offered support to move
ahead, noting the importance of the town and Recreation District working together. Kevin
Foley suggested the town and recreation district should bring a combined mill levy
increase before voters. Moffet agreed. Foley reiterated the need for a skate park. Zemler
said design of a skate park is being recommended in the 2007 budget once a location is
identified. Michelle Hall, Recreation District board member, said she has seen increased
momentum during her tenure as a board member. She identified addressing the various
contracts and agreements between the town and Recreation District as her No. 1
priority. Jim Lamont, representing the Vail Village Homeowners Association, asked for
clarification regarding use of the term "residents," to which Zemler said the term was
inclusive to include part-time residents. Lamont suggested the process needs
opportunities for additional public input. He cautioned the group to be clear about
"wants" versus "needs" and to prioritize and address current and future infrastructure
requirements before adding wish list items. He also noted there are two different
constituencies for the town and the district. Anne Marie Mueller asked that a central
location be added in Vail Village to give out information on mountaineering and hiking
guides to those who wish to avail themselves of those services and cited examples of
such in Jackson Hole and Estes Park. She stated that this information can only be
obtained from the Forest Service in Minturn at this time. Sarah Will introduced her' new
non-profit organization for people with disabilities called Axsvailvalley.org. She offered
advice regarding an Americans with Disabilities Act (ADA) report on the U.S. Justice
Department website and expressed interest in discussing improvements in accessing
parking and recreation facilities. Scott Proper advised her to check with District staff on
that issue and invited everyone to come to the Recreation District Board meeting next
Tuesday at 5:00 P.M. in the Council Chambers. At the conclusion of the presentation,
Council and the District pledged to work together and Mike Ortiz said they will wbrk
within the subcommittee and with Greenplay and come back to Council and the
Recreation Board with their recommendations.
The fifth item on the agenda was Vail 20/20 Update & Next Steps
Russ Forrest recapped the 20/20 process and asked the Council for direction. Council
advised that staff's next steps are on track and to proceed to develop a strategic plan.
The sixth item on the agenda was the Rational Nexus Study done by RRC Associates:
The was tabled and a special work session was scheduled for October 10, 2006. ~ `
The seventh item on the agenda was an appeal of the Town of Vait Design Review
Board's denial of an application to allow for exterior changes to Lifthouse Lodge located
at 555 East LionsHead Circle. Presentations were made by the applicant and the DRB.
3
Motion by Moffet, seconded by Hitt to overturn the decision of the DRB.Council voted to
overturn 4-2. (No, Gordon and Newbury; Foley abstaining).
The eighth item on the agenda was an appeal of the Town of Vail Planning and
Environmental Commission's denial of a request for floodplain modifications to allow for
modifications to the Town of Vail White Water Park, in the Gore Creek floodplain,
generally located east of the International Bridge on 1Nillow Bridge Road.
Matt Mire stated that the Town of Vail Public Works is the applicant.
Motion by Moffet, seconded by Newbury to overturn the decision of the PEC subject to
the following findings:
1. The proposed floodplain modification will not increase the quantity or velocity of flood
waters, based upon the technical analysis prepared by River Restoration.Org, LLC
dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator.
2. The proposed floodplain modification will not adversely affect adjacent properties,
based upon the technical analysis prepared by River Restoration.Org, LLC dated July
13, 2006 and analysis by the Town of Vail Floodplain Coordinator.
3. The proposed floodplain modification will not have an adverse affect on the
environment, based upon the technical analysis prepared by River Restoration.Org,
LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator."
Council voted 5-2 to overturn the PEC decision. (Slifer and Hitt against)
The ninth item on the agenda was Phase II of The Spraddle Creek Relocation Project.
Motion by Moffet, seconded by Hitt to authorize the Town Manager to enter into a
contract with Western Slope Utilities, in an amount up to $265,000 to construct the
Spraddle Creek Improvement Project subject to obtaining easements with Nine Vail
Road and Four Seasons. Council approved 7-0.
The tenth item on the agenda was a Utility Easement in favor of Qwest along Middle
Creek to West Meadow Drive.
Motion by Moffet, seconded by Newbury to direct the Town Manager to grant a 10' utility
easement across Lot 10, Tract A and Tract C, in a form approved by the Town Attorney,
with Qwest, and to require wetlands mitigation that complies with Corps of Engineers
standards and to require use of construction mitigation to prevent erosion during
construction. Council approved 7-0.
The eleventh item on the agenda was First reading of Ordinance No. 20, Series 2006,
An Ordinance Repealing and Reenacting Title 5, Chapter 9 "Wildlife Protection," Vail
Town Code; Establishing Regulations and Standards Regarding the Protection of
Wildlife; and setting forth details in regard thereto.
Motion by Hitt, seconded by Logan to approve Ordinance 20, Series of 2006 to be
amended as follows:
4
The definition of refuse is to be consistent with other definitions in the code
Under 5.9.3 A. strike last sentence
Under 5-9-3 B. we strike "plastic bags contained"; and
That the Town shall come into compliance at the same time the rest of the Town does.
Council approved as amended 7-0.
The twelfth item on the agenda was Resolution No. 18, Series 2006, A Resolution
Approving the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris
Metropolitan District No. 2, and Solaris Metropolitan District No. 3. Motion by Moffet,
seconded by Logan to adopt Resolution No. 18, Series of 2006 as read. Council
approved 7-0.
The thirteenth item on the agenda was First reading of Ordinance No. 24, Series of
2006. An Ordinance Concerning the Organization of a General Improvement District in
the Town of Vail; Accepting the Petition for the Organization of Such General
Improvement District, and Making Certain Findings and Determinations; Waiving all
requirements for Notice, Publications; Waiving all Requirements for Notice, Publication
and Hearing of the Formation of the General Improvement District; Establishing and
Creating the Town of Vail General Improvement District No. 1; Town of Vail, Colorado;
and Providing Other Details Relating Thereto.
Matt Mire noted there is an amendment to Section 8 to add Exhibit C. Section 10 of the
Ordinance and Section 9 of the Petitiion will also be amended to remove Peter Noble,
Craig Cohn and Jon Boord from governance of the Advisory Board.
Motion made by Moffet, seconded by Gordon to adopt on first reading Ordinance No: 24,
Series of 2006, and to strike the wording in Section 10 of the Ordinance and Section 9
of the Petition to remove Peter Noble, Craig Cohn and Jon Boord from the Advisory
Board. Council approved 7-0.
The fourteenth item on the agenda was First reading of Ordinance No. 25, Series of
2006. An Ordinance Designated by the Short Title "Election Ordinance"; Providing for an
Election Concerning the Town of Vail General Improvement District No. 1, Town of Vail,
Colorado for the Purpose of Submitting to the Electors of Said District the Proposition of
Imposing Property Taxes for the Purpose of Paying Costs of Operating and Maintaining
Certain Public Improvements and to Allow the District to Collect, Retain and Spend Non
Property Tax Revenues; and Prescribing other Details in Connection with Said EI'ection
and Indebtedness; Repealing Any Action Heretofore Taken in Conflict Herewith; and
Ratifying Actions Previously Taken in Connection Therewith.
~~~
Matt Mire stated this will allow the Town of Vail to tax the General Improvement bistrict
(GID) up to 15 mils or $660,000 if the District defaults on its operating and maintenance
responsibilities for the public -plaza at Solaris. The Ordinance as presented had allowed
taxing up to 10 mils or $440,000.
Motion by Moffet, seconded by Newbury to approve on first reading Ordinance No. 25,
Series of 2006, with amendments read into the record by the Town Attorney. Council
approved 7-0
5
The fifteenth item on the agenda was adjournment. Moffet moved with Newbury
seconding a motion to adjourn the meeting at 9:45 P.M. The motion passed
unanimously, 7-0.
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ATTEST:
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Minutes provided by Mary Ann Best.
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6
'• Vail Town Council Evening Meeting Minutes
Tuesday, October 3, 2006
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately
6:00 P.M. by Mayor Pro-Tem Farrow Hitt.
Members present: Kent Logan
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Farrow Hitt, Mayor Pro-Tem
Members not present: Rod Slifer, Mayor
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Participation.
Avon resident Jonathon Levine offered comments regarding the proposed Wildlife
Protection Ordinance, including a request that holiday trash service schedule changes
be made aware to trash service customers. Levine also made several additional
suggestions based on his experience as a current resident of Avon. Hitt asked that
Levine wait to make his statements while the Wildlife Protection Ordinance was being
discussed later in the meeting.
Ryan Maddux, Cody White and Jerry Sibley asked for Council support of the Battle
Mountain High School Hockey Team. Maddux announced the team had reached the
state championships during the 2005 season, ending up in third place.
Jeff Thormodsgard asked for Council support of Referendum I (domestic partnerships) in
the upcoming state election. Town Attorney Matt Mire clarified Council could take one
position of advocacy for state election items.
Carolyn Napp, Eagle County (RE50-J) Director of Elementary Education, asked for
support of a November 2006 RE-50J bond election question.
Eagle County Commissioner Arn Menconi asked for Council support of Referendum 1A
(supporting early childhood development through sales tax).
The second item on the agenda was a Northwest Colorado Council of Governments.
• (NWCCOG) Water Quality Committee Update.
~1
• Former Vail Councilmember Chuck Ogilby, Lane Wyatt and Shanna Koenig asked for
continued Council support of the NWCCOG Water Quality and Quantity (QQ)
Committee. It was explained there were three staff members at NWCCOG working on
the QQ Committee with staff attorney support. Town of Vail QQ appointee Chuck Ogilby
was praised for his efforts on the QQ Committee. Ogilby explained the QQ Committee
was pivotal in securing Black Gore Creek sand mitigation funding and the Vail
Whitewater Park legislation. He then explained the committee continued to fight for
water rights in the Vail Valley. `?hese issues are really bringing the West Slope
together." Hitt clarified investigation continued on the Wolcott Reservoir project.
The third item on the agenda was the Consent Agenda.
a. Approval of 09.05.06 and 09.19.06 Town Council Minutes.
Moffet moved to approve the consent agenda with Newbury seconding. The motion
passed unanimously, 6-0.
The fourth item on the agenda was the Town Manager's Report.
• Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran asked Council if they had
any questions regarding the most recent revenue analysis. No questions were asked.
• Construction Update.
• Public Works Director Greg Hall reported Meadow Drive is progressing relatively well as
work continues to the east. The Gore Creek Promenade Pedestrian Bridge was
installed. Gordon said Meadow Drive looks great. Hall stated work continued on utilities
at LionsHead. Foley clarified work on Westhaven Bridge had been temporarily stopped.
Logan clarified potential Checkpoint Charlie redevelopment plans would be brought
before the Planning and Environmental Commission (PEC) in the near future, and then
subsequently to Council.
• Design Review Process Service Changes.
Community Development Director Russ Forrest explained the department had met with
an inclusionary group of community users of the department to address how resources
could be used more efficiently, subsequently providing enhanced customer service. "We
have blocked off time on Thursday where all three Departments (Community
Development, Public Works and Fire) are available to clarify simple issues...Turnaround
times for submitted projects continue to be improved." Zemler explained the town is
continuing to pursue resources (funds for additional staffing) from Vail Resorts to support
redevelopment efforts. Zemler then congratulated Forrest for his successful continuous
improvement efforts.
• Discussion of State Legislation Impacting Municipalities.
Moffet moved to direct Mire to draft a resolution of opposition to Amendment 38' (voter
. referendums and petitions) with Foley seconding. The motion passed unanimously,,6-0.
2
Moffet then moved to direct Mire to draft a resolution of opposition to Amendment 40
(term limits for appellate court judges) with Newbury seconding. The motion passed
unanimously, 6-0.
Gordon moved to draft a resolution endorsing Referendum I (domestic partnerships) with
Moffet seconding. The motion passed unanimously, 6-0.
Gordon then moved to draft a resolution to support Eagle County's ballot initiative 1 A.
The motion died for a lack of a second.
• Draft Report on Vail Tunnel Options.
After being handed a draft report on I-70 tunnel options, Council asked that the study be
presented and discussed in greater detail at an upcoming meeting.
• Next Steps on LionsHead Request for Proposals (RFP)
Forrest explained Council had received two proposals for the LionsHead parking
structure redevelopment. He then reported two proposed public meetings (November 7-
8) had been planned. Gordon clarified the property appraisal would be received mid-
October. Logan asked when parking, traffic and transit analysis/recommendations would
be made. Hall explained recommendations would be brought forth in the near future.
Zemler said the estimated costs of a Ford Park parking structure had not yet 'been
received. Hitt expressed concern a new western ski portal would transfer pedestrian
and vehicular traffic demands, thus making additional parking at Ford Park less
desirable or needed. Gordon emphasized it was important to maintain the proposed
schedule.
Hitt announced the names of the five winners of Vail's Fall Shopping Spree contest. The
contest had been underway for the past six weeks to promote shopping and dining in
Vail. The winners, drawn from among 7,788 entries, were:
• Kelly Kozlowski, Atlanta, Georgia Laura Lodge, Vail
• Erin Rooney, Vail • Chelsea Chase, Edwards
• Orlin Angelov, Avon
The five winners became eligible to spend $500 at their favorite Vail businesses,
courtesy of the town. Zemler expressed gratitude to Public Information Officer Suzanne
Silverthorn for her and her staff's orchestration of the drawing.
Zemler said the Beaver Creek Resort Company wished to have a meeting with Council,
in particular to discuss enlarging or opting into the current boundaries of the Vail Local
Marketing District. Council agreed to look to an off Tuesday (no Council Meeting.)
The fifth item on the agenda was the Planning and 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.
• While discussing the PEC, Ruther explained the Willows Lodge had filed for the creation
of a Special Development District (SDD40). Gordon asked staff to prepare a
recommendation regarding housing requirements based on when a building permit was
issued as opposed to those in place at time of submittal. Mire explained the pending
ordinance doctrine could be applied to housing standards as well as a moratorium to
enact updated housing requirements. Ruther said Council's concerns regarding housing
were shared by the PEC. PEC Member Bill Jewitt asked Council for direction regarding
what Council may wish to receive in terms of public benefits regarding the Willows
redevelopment. Zemler emphasized the special housing meeting on October 10 was a
work session and no decisions would be made, only staff direction would be given.
Representing the Vail Village Homeowners Association, Jim Lamont asked for caution
regarding Council discussing policy issues dealing with pending SDD's. Gordon
expressed gratitude to former Town Planner Matt Gennett for efforts while employed by
the town.
The sixth item on the agenda was a request to remove a Type I Employee Housing Unit
deed-restriction from the property located at 1868 West Gore Creek Drive/Lot 47, Vail
Village West 1St Filing.
Ruther reported Paul Musson, the owner of the property located at 1868 West Gore
Creek Drive, is requesting to have the recorded Type I Employee Housing Unit deed-
restriction removed from the property. In summary, adeed-restriction was recorded
against the property in response to pending development and building permit
applications. As a result of a change to the approved plans, the improvements (i; e., a
second dwelling unit) which necessitated the deed-restriction were never constructed.
The property owner requested the removal of the deed-restriction. As the town is the
beneficiary of the deed-restriction, approval to remove the deed-restriction was required
to be reviewed by Council. Moffet moved to grant the applicant's request with Newbury
seconding. The motion passed 4-2, with Gordon and Foley opposed.
The seventh item on the agenda was the second reading of Ordinance No. 20, Series
2006, An Ordinance Repealing and Reenacting Title 5, Chapter 9 "Wildlife Protection,"
Vail Town Code; Establishing Regulations and Standards Regarding the Protection of
Wildlife.
Town Attorney Matt Mire reported in August of 2002, and in response to a dramatic
increase in human-bear conflicts, the Vail Town Council (the "Council") adopted
Ordinance No. 19, Series 2002, which amended the Vail Town Code (the "Code") to
include a Chapter regarding Wildlife Protection. The stated purpose of the Wildlife
Protection chapter was to "protect and maintain wildlife in the Town of Vail and
surrounding areas and to minimize the risk of dangerous interaction between humans
and wildlife." On July 11, 2006, and based upon the testimony from town staff and Bill
Andree of the Colorado Department of Wildlife, regarding the effectiveness of the 2002
ordinance, Council directed staff to prepare amendments to the Wildlife Protection
Ordinance which would more effectively serve the purpose set forth above. On July 18,
2006, Council passed an emergency measure which removed the warning requirement
for first time offenders from the current Wildlife Protection regulations and also
eliminated the maximum fine amounts set forth in the Code. Accordingly, first time
offenders of the current Wildlife Protection regulations are now subject to the General
Penalty provision of the Code (up to $999 in fines and incarceration of up to 180 days, or
both). On August 1, August 15 and September 5, 2006, Council heard testimony and
• evidence from town staff, members of the community, licensed waste haulers and the
Colorado Division of Wildlife. Council then provided direction to amend the current
4
regulations which requires all Town of Vail residents to obtain by April 15, 2007, at a
minimum, AWildlife-Resistant Refuse Container (sturdy plastic with lid and latching
mechanism). In addition, said container when not in use must be stored in a house,
garage or other enclosure. If unable to store as such, then the resident must have
Wildlife-Proof Refuse Container (metal) or an approved enclosure. Moffet moved to
adopt the ordinance with Foley seconding. Newbury questioned the use of recycling
containers. Zemler explained recycling and wildlife protection are two separate items.
Gordon. asked for a recycling discussion to be brought before Council. During a pause
for public comment Jonathon Levine asked Council to consider better regulation of trash
pick-up notices and waste receptacle ownership identification. Sally Jackie said the town
should not exempt itself from new rules and emphasized the importance of a public
information campaign and aggressive police enforcement. She also asked for Council
and public support of the Police Department when enforcing the new regulations. Chris
Fitzgerald congratulated the Police Department on its enforcement efforts and
encouraged residents to report offenders. Vail Municipal Judge Buck Allen explained
there were "common sense" ways to determine holiday pickup mistakes. `Mle are
constantly working to improve the situation." Code Enforcement Officer Susie Huxford
said second homes managed by tardy property managers are often the cause of waste
receptacles being left out overnight. The motion passed unanimously, 6-0. Moffet
thanked Jackie and her husband Guy Ayrault for their continued diligence during the
Wildlife Protection Ordinance discussions.
The eighth item on the agenda was second reading of Ordinance No. 24, Series of
2006. An Ordinance Concerning the Organization of a General Improvement District in
the Town of Vail; Accepting the Petition for the Organization of Such General
Improvement District, and Making Certain Findings and Determinations; Waiving all
requirements for Notice, Publications; Waiving all Requirements for Notice, Publication
and Hearing of the Formation of the General Improvement District; Establishing and
Creating the Town of Vail General Improvement District No. 1; Town of Vail, Colorado.
Mire explained The Town of Vail, (the "Town") is a municipal corporation duly organized
and existing under the laws of the State of Colorado (the "State") and in particular under
the provisions of Article XX of the Constitution of the State and the Town Charter (the
"Charter"). A Petition in regarding the Organization of the Town of Vail General
Improvement District No. 1, Town of Vail, Colorado has been filed in the office of the
Clerk and Recorder (the "Clerk") of the Town. Such Petition has been reviewed by the
Clerk. Such Petition has been signed by the registered electors representing 'ohe
hundred percent of the taxable real property within the proposed district and contains a
request, pursuant to Section 31-25-607(3.5), Colorado Revised Statutes ("C.R.S."), for
waiver of all requirements for notice, publication and a hearing set forth in Sections 31-
25-606 and 31-25-607, C.R.S, and a request for waiver of the bond provided for in
Section 31-25-605, C.R.S. Moffet moved to approve the ordinance with Newbury
seconding. The motion passed unanimously, 6-0.
The ninth item on the agenda was second reading of Ordinance No. 25, Series of 2006.
An Ordinance Designated by the Short Title "Election Ordinance"; Providing for an
Election Concerning the Town of Vail General Improvement District No. 1, Town of Vdil,
Colorado for the Purpose of Submitting to the Electors of Said District the Proposition of
Imposing Property Taxes for the Purpose of Paying Costs of Operating and Maintaining
. Certain Public Improvements and to Allow the District to Collect, Retain and Spend Non
Property Tax Revenues; and Prescribing other Details in Connection with Said EI'ection
5
and Indebtedness; Repealing Any Action Heretofore Taken in Conflict Herewith; and
Ratifying Actions Previously Taken in Connection Therewith.
Mire explained The Town of Vail, (the "Town") is a municipal corporation duly organized
and existing under the laws of the State of Colorado (the "State") and in particular under
the provisions of Article XX of the Constitution of the State (the "Constitution") and the
Charter of the Town (the "Charter"). By ordinance adopted of even date herewith, the
Town of Vail has created the Town of Vail General Improvement District No. 1 (the
"District'). Pursuant to Section 31-25-607(4)(a), C.R.S., permits the Town Council, on
behalf of the organizing District, to call an election of the District's electors regarding
matters required to be voted upon under Article X, Section 20 of the Constitution
(`TABOR"), including questions pertaining the impositions of taxes, and for spending
certain moneys above limits established by TABOR. TABOR requires the District to
submit ballot issues (as defined in TABOR) to the District's electors on limited election
days before action can be taken on such ballot issues. November 7, 2006, is one of the
election dates at which ballot issues may be submitted to the District's eligible electors
pursuant to TABOR. The Town Council has determined to call the election on behalf of
the organizing District as permitted by Section 31-25-607(4)(a), C.R.S., due to the need
to satisfy various procedural requirements prerequisite to the holding of such election,
many of which could not be undertaken directly by the District in a timely fashion
following its formal organization. It is necessary to submit to the electors of the District,
at the election to be held on November 7, 2006, the questions of authorizing the District
to incur debt, to increase taxes for operations and maintenance purposes, and spend the
revenues thereof and to collect, keep and spend all revenues it receives as a voter
approved revenue change under TABOR. It is necessary to set forth certain procedures
concerning the conduct of the election. The Town Council elects to utilize the provisions
of the Uniform Election Code of 1992 in order to conduct a mail ballot election on
November 7, 2006. Moffet moved to approve the ordinance with Gordon seconding.
The motion passed unanimously, 6-0.
The tenth item on the agenda was Matters from Mayor & Council.
Foley announced the Eagle County Transportation Authority (ECO) was soliciting
transportation requests from all of the county's municipalities. He then announced state
legislation may require the Eagle County transportation tax (ECO funding) to be
increased. He then said the newly paved trailheads look very good. He also noted, "The
Tom Provo benefit was very well attended by old-schoolers and a lot of newer
residents." He then questioned the possible loss of adequate handicap parking in the
East Vail and LionsHead areas. He finalized his comments by questioning the Lodge
Tower's failure to install gas fireplaces as a part of their remodeling.
Gordon applauded the fire mitigation and beetle kill removal work taking place above the
upper bench of Donovan Park.
Logan pressed for increased fire mitigation discussions.
Newbury stated the Vail Valley exchange would continue accepting applications for the
upcoming reciprocal exchange to Australia. She encouraged applicants from Battle
Mountain High School as none had been received.
Moffet commented on the most recent Vail Local Marketing District Meeting.
6
The eleventh item on the agenda was Adjournment.
Moffet moved to adjourn with Foley seconding at approximately 7:45 p.m. The motion
passed 5-1, Newbury opposed.
~1s~~
Rodney E. Slifer, Mayor
ATTEST:
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Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
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7
Vail Town Council Evening Meeting Minutes
Tuesday, October 10, 2006
11:05 A.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately
11:05 A.M. by Mayor Rod Slifer.
Members present: Kent Logan
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Rod Slifer
Members not present: Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
Pursuant to Section 4.2 of the Vail Town Charter, the Town Manager requested a
Special Meeting of the Vail Town Council for the purpose of discussions on:
1. Affordable housing strategy.
Representing RRC and Associates, Chris Cares explained numerous housing strategies.
The housing supply, which is decreasing for employees in Vail, cannot meet current
demand by local residents and employees and demand generated from second
homeowners. Vail is also part of a larger region that faces similar constraints with
regard to addressing local demand for housing. Past discussions have focused on two
types of needs within the town; there is a stated need to "keep up" with the demand
created from new commercial and residential development. In addition, the town must
also address historic deficiencies: there is a need to "catch up" with shortages that exist
today. Cares emphasized the outlined strategies would need to be implemented
symbiotically with other housing tactics to achieve the potential goal of housing 30% of
Vail's workforce within the town limits. Cares clarified the town currently houses 936
employees in deed restricted units. Housing Coordinator Nina Timm reported 6300
employees fill 9100 jobs within town limits. Gordon clarified ten percent of the current
work force resides in deed restricted units. Gordon continued, "VNe should shoot for 30%
of workforce living in deed restricted housing." Logan clarified the definition of build-out
encompassed all capital and economic growth expected in the reasonably foreseeable
• future. While discussing commercial linkage Cares reported to Council that based on
anticipated new commercial redevelopment, the town can expect 1395 new jobs to be
created. "This strategy would provide 332 new housing units, using a 30% mitigation
rate, or 221 new housing units, using a 20% mitigation rate." To evaluate this technique
the town contracted with RRC to conduct a rational nexus study explicit to the town.
Specifically, this study was intended to permit the town to provide a standard percentage
requirement for new commercial square feet. The study was directed to address pay-in-
lieu options per employee to be housed or portion thereof. Council had also directed
staff to consider a "residential linkage" requirement. With the growth in high-end
residential units this tool is being used more frequently in other resort communities. The
technique is essentially similar to commercial linkage, but it is applied to employment
associated with residential development. With the growth of highly amenitized
residential developments, the job demand created in these developments is high. All of
the same questions that need to be answered for commercial linkage will need to be
addressed fora residential linkage program. Cares explained, "More typically,
inclusionary housing occurs on site." While discussing housing options at Timber Ridge,
Town Manager Stan Zemler explained it would be difficult to finance the parcel's
redevelopment using a 45% (market rate housing) / 55% (affordable housing) split.
Gordon encouraged moving forward with policy direction as swiftly as possible. He
emphasized, "Developments that are underway now should be subject to these new
housing regulations." Vail Local Housing Authority (VLHA) member Mark Ristow said
the VLHA should return to Council with a commercial linkage ordinance or resolution
recommendation. Planning and Environmental Commission (PEC) member Bill Jewitt
said the PEC was looking for direction regarding housing decisions. Slifer encouraged
examining regional alternatives to affordable housing as Vail is almost built out and
future employee housing developments would require high density projects. "I believe
size and scale and character are important to Vail." Town Attorney Matt Mire said he
would bring forward a resolution expressing Council's intent to update the town's
employee housing strategy. Representing the Vail Village Homeowner's Association, Jim
Lamont applauded Council's efforts and encouraged bringing greater balance to the
socio-economic distribution of the community. "We need to focus on diversifying .the
composition of the neighborhoods." Local developer Peter Knobel encouraged Council
to incorporate flexibility in their housing program. Tom Braun asked Council to develop
a coherent housing strategy that would eliminate "negotiations and guessing games."
Mauriello Planning group owner Dominic Mauriello encouraged using accurate data
when developing commercial and residential housing linkages. `The data has been 'so
averaged it doesn't reflect Vail at all." Staff direction was then provided:
• Determine the industry responsible for the creation of 1395 new jobs.
• Evaluate and place greater emphasis on residential linkage and inclusionary
zoning.
• Evaluate deed restriction "warehousing."
• Evaluate potential of tax/fee supported housing fund.
• Potential program allowing existing deed restricted EHU owners to transfer
restrictions to alternate property.
• Expedite all of the above.
2. Long Term Capital Management Plan.
Finance Director Judy Camp and Manager of Budgets & Financial Reporting Kathleen
Halloran presented the 15 year capital plan as a follow up to Council discussions on
• September 19`h. Camp reported that based on current assumptions, the Capital Projects
2
• Fund is unable to support the proposed projects beyond 2007, while the fund balance in
the Rt i i Fund continues to grow.
Some key assumptions used to develop the capital improvement plan:
• 35% of sales tax revenue is dedicated to the Capital Projects Fund.
• The Capital Asset Management Plan addresses only existing assets and the West
Vail Fire Station, no other new buildings, public parking expansion and/or
replacement costs are not included; additional capital maintenance and operating
costs will result from any new buildings.
• Project costs are assigned to the Capital Projects or Real Estate Transfer Fund
(RETT)based on where they have historically been funded.
Revenue projections and project costs were updated to reflect the latest estimates. In
the Capital Projects Fund, Crossroads streetscape was deleted from the 2008 projection
because as it will be provided by the developer. The following projects have been added
in 2007:
Fire suppression in computer rooms - $35,500 to protect the town's public safety and
other records and equipment.
Town of Vail planning - $150,000 as a placeholder for additional work to be done as
an outcome of the various planning exercises now underway.
The following projects were added to the RETT Fund:
Recreation master planning with VRD - $50,000 each in 2007 and 2008 as a
placeholder for implementation of the GreenPlay recommendations, starting with
updating the leases and operating agreements between the town and the Vail
Recreation District.
Public Art -now reflect Art In Public Places (AIPP) request to have funding for public
art at a level that is approximately 4% of the transfer tax revenue (yet to be approved
by Town Council).
Bear-proof containers - $180,000 has been added to 2007 to allow for the purchase
of containers compliant with the new ordinance.
Issues which require policy direction are as follows:
• Project priorities.
• Adjusting split of sales tax revenue from 60/40 to 65/35.
• Prioritization of Tax Increment Financing (TIF) dollars (some projects included in the
spreadsheet may be eligible for TIF funding; TIF revenue is not included, but the
latest estimate is $10 - $12 million of project funding could be provided from the
LionsHead TIF District.
• Town of Vail responsibility for assets managed by Vail Recreation District
(expenditures for capital maintenance are included in the RETT spreadsheet).
• Consideration of additional uses of RETT Funds.
• Conference Center Funds.
Zemler emphasized that without significant reprioritization or the realization of additional
revenues, the Capital Projects Fund does not have sufficient funding looking out over the
3
• next several years. "We don't have the dollars to build the kind of facilities we think we
need to be building." Camp explained that a 35% general fund reserve was being
maintained during redevelopment. Zemler asked if Council was willing to examine the
structure and use of Real Estate Transfer (RETT) funds. "A portion of that money would
help fund some other things in the general fund or. capital fund." Logan clarified the
Capital Fund estimates did not include any major renovations to the LionsHead parking
structure. Referring to the 65/35 split, Foley said, "We have to look at operations and
make sure we aren't a big bureaucracy, a change (increase in general fund split) of 15%
in ten years is astronomical." Newbury suggested Council readdress and amend the
Ford Park Master Plan as its goals may not be consistent with the present Council's
wishes. Mire noted Council may use RETT funds for any legitimate public purchase
by Ordinance. Logan recommended developing afinancial/economic master plan.
Zemler then expressed concern over agreements with the Vail Recreation District in
regard to maintenance of capital assets as the financial implications could be severe.
Foley moved to adjourn with Newbury seconding at approximately 3:00 p.m. The motion
passed unanimously, 6-0.
-~ /.
~`
Rodney E. Slifer, Mayor
ATTEST: ,~ OVI/~
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1~. , ~'
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Lorelei Donaldson, Town Clerk ~y„ ~~
O~DO
Minutes provided by Corey Swisher.
4
Vail Town Council Evening Meeting Minutes
Tuesday, October 17, 2006
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: Kent Logan
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Rod Slifer
Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was Citizen Participation.
There was none.
The second item on the agenda was the Town Manager's Report.
Town Manager Stan Zemler recognized Rick Scalpello for his efforts organizing and
developing the Vail Farmers' Market into one of Vail's most successful events. Scalpello
then thanked Marty Stewart, Jonathon Staufer and Council for their support and efforts.
"The Vail Farmers' Market is now the largest farmer's market in the state of Colorado."
Slifer, Hitt and Foley personally thanked Scalpello for his hard work.
Public Works Director Greg Hall provided a construction update reporting that snowmelt
on East Meadow Drive continued to be installed and the Vail Plaza hotel was performing
work on Vail Road, continuing soon onto the South Frontage Road.
Assistant Town Manager Pam Brandmeyer explained staff had learned of a unit that
would potentially qualify for the town's "buy down" program. The unanticipated
opportunity would provide the wherewithal for either housing a critical employee in this
tight housing market this winter or turning the unit into a deed restricted unit. Council
authorized staff to proceed with negotiating on the purchase of this unit, also instructing
them to come back with a supplemental appropriation request.
The third item on the agenda was a request to proceed through the development review
process to locate a skateboard park on the west end of Donovan Park.
Brandmeyer explained the item was not an actual request to proceed, but rather a
discussion to find out if the proposed skateboard park was "palatable" to Council. She
continued by explaining $400,000 from the Real Estate Transfer Tax (RETT) fund had
been set aside in the '06 budget to provide the town with a skateboard park. At this time,
staff from both the Vail Recreation District (VRD) and the Town of Vail (TOV) have been
working on preliminary plans to site the skateboard park on the west end of Donovan. In
order for this to occur, the Donovan Park Master Plan would have to be modified to allow
for this use, requiring a public review by the PEC and ultimately by Council. For
numerous reasons, e.g., convenience, neighborhood, parking, restrooms, excellent
visibility, and so on, staff believes the approximately 7,500 square feet would nicely
accommodate a skateboard park at this site. Should an amendment to the Donovan
Park Master Plan be approved by the Planning and Environmental Commission(PEC)
and the Council, the next step would be to prepare a Request for Proposals for a
"design/build" team. Skate board park "users" would be included in public session(s) to
gather ideas for this element and staff would travel to other successful skate board parks
around the state. Considerable time was spent two years prior by the former VRD/TOV
Capital Committee reviewing potential sites. Hitt moved to approve the request with
Foley seconding. Moffet expressed concern that the proposed location didn't solve
problems or create opportunities. He then asked for a police assessment of the Donovan
location. Newbury asked about previously discussed alternate locations at Booth Falls
and on the former Hud-Wirth (Chamonix) site. She felt the Chamonix site would be more
appropriate. Project Manager Todd Oppenheimer explained some aspects of Donovan
Park would need to be rearranged. Moffet said he believed Ford Park was the most
appropriate venue. Slifer, Hitt and Gordon argued Donovan Park was the most suitable
location for the skateboard park. Foley said development of a skating facility was
something that needed to happen "sooner rather than later." Logan stated he could riot
support the project, "Because a skateboard park doesn't show up in the top five priorities
identified on our most recent resident recreation needs assessment." During a pause for
public comment, Scott Proper asked Council to table the item. Dave Nelson, active skate
boarding instructor, said the park should be located close to an emergency services
facility. Hitt and Foley then withdrew their motion. Subsequently, Moffet moved to direct
staff to further study the Chamonix, Ford Park, Booth Falls and Donovan Park locations
and return with a recommendation prior to the end of year. Foley seconded. The motion
passed unanimously, 7-0.
The fourth item on the agenda was a request to proceed through the development
review process with a proposal to install a new manhole, sanitary sewer line and
retaining wall on the Town-owned stream tract parcel adjacent to the Vail Mountain View
Town home development site, located at 442 South Frontage Road.
Forrest reported the Eagle River Water and Sanitation District (ERWSD) and the ovliriers
of Vail Mountain View town home development site were in the process of undergoing
development review of an application to install a new manhole, sanitary sewer line and
retaining wall on town property, located upon Tract B; Vail Village 5th Filing. The new
manhole, sanitary sewer line and retaining wall are required to facilitate the
redevelopment of the old Apollo Park condominiums. Currently, the sanitary sewer`' line
runs through the center portion of the development site. The new retaining wall was
needed to ensure adequate soil cover exists over the top of the new sewer line to
prevent freezing during the winter months. Council, as the property owner of ~Tracf "B,
must grant the applicant permission to proceed through the development review
process. Moffet moved to approve the request with Gordon seconding. The motion
passed 5-2, with Hitt and Foley opposed. The applicant will now proceed with the
appropriate development review applications for Design Review Board (DRB) review
and consideration.
The fifth item on the agenda was a request to proceed through the development review
process and modify the approved Meadow Drive streetscape Plans in the area of the
Solaris/Crossroads Development.
Hall reported the town had received DRB approval and improvements under contract to
proceed with streetscape work in front of the Solaris project on Meadow Drive. The
Solaris developer wished to proceed through the process to modify the plans. The
developer is responsible for all the costs of the associated streetscape, including
modifications. Staff recommended Council grant permission to proceed through the
development review process working with the town staff on design concepts and final
approved plans. Moffet moved to approve the request with Newbury seconding. The
motion passed unanimously, 7-0.
The sixth item on the agenda was approval of the Seibert Circle Final Design.
Project Manager Todd Oppenheimer asked Council to: 1) Approve the final design for
Seibert Circle and 2) Approve an overall project budget of $675,000 assuming a
$325,000 commitment of private sector funding is received by December 5, 2006. 3)
Conditionally approve the award of the design, fabrication, and construction contracts
based on the private sector funding. On September 5, 2006, five design concepts for
Seibert Circle, prepared by WET Design and Wenk Associates, were displayed and
discussed in an open house forum. From 20 to 25 people attended the open house. A
written description of each concept, with the estimated cost, was distributed to each
attendee. It was explained that the cost of all five concepts exceeded the town's budget
allocation. Attendees were asked to indicate which, if any, of the design concepts they
preferred so raising additional funds from sources outside the town's budgets could be
started. Staff received 15 responses. The WET Design concept number-three with
"Leapfrog" water jets and "Water on Fire" nozzles received the most favorable
responses. It also contains the most expensive technology. The estimated cost for this
concept is $672,311. The current budget allocation for Seibert Circle is $350,000. Vail
Resorts committed $200,000 out of the Front Door public art allocation if the Council will
adopt any one of the 4 WET Design concepts. This contribution leaves the shortfall at
$122,311. Local residents Ron Riley and Alan Kosloff committed to raising the'balance
of the required funds if the Council will adopt concept 3 as the final design. The optimal
time for construction of the improvements is spring of 2007. The feature can be complete
and fully operational by July 1, 2007. In order to complete the work, WET Design will
need to begin final engineering in early December. The conditional approval of the
design and construction contracts will allow Riley and Kosloff time to raise the additional
funds. The deadline for raising the funds will be the December 5, 2006, Town Council
session. The conditional approvals will expire after that time. Oppenheimer explained
during public comment sessions no local residents suggested the site be left as it was.
Vail Mountain Chief Operating Officer Bill Jensen announced Vail Resorts " was
comfortable committing $200,000 of its $1 million Front Door public art comrmitment.
John Kaemmer a local merchant with a business close to Seibert Circle encouraged
Council support of the project. Moffet thanked Vail Resorts for its monetary commitment.
Moffet moved to approve concept three and its project budget with Hitt seconding.
Foley asked that Pete Seibert be acknowledged on the structure. Logan applauded'the
public/private cooperation. "Vicki and I would like to join the list of donors." Newbury
commented, "I don't feel it is a good use of taxpayer funds for a feature that is going to
be cold." The motion. passed, 6-1, with Newbury opposed.
The seventh item on the agenda was Ordinance No. 26, Series 2006, an emergency
ordinance declaring the town council's intent to adopt an ordinance establishing
employee housing regulation for commercial and residential development and
redevelopment and applying such regulations to new development applications.
Mire explained that in May, 2006 the town engaged RRC Associates, Inc. to prepare a
Town of Vail Nexus/Proportionality Analysis for Employee Housing Mitigation Programs.
The purpose of this was to create a legal basis for assessing an employee housing
mitigation requirement on commercial and/or residential development. That study is now
complete and its findings have been presented to Council. Prior to adopting any
regulations regarding employee housing, Council would like to ensure that it has
provided adequate opportunity to educate the public about employee housing. The Town
Council has further determined that additional time is necessary to study employee
housing options before adopting new employee housing regulations. As such, rather
than impose a moratorium on development to give the town adequate time to study
employee housing options, the town would like to allow new development applications to
be submitted during the study with the understanding that those developments will be
subject to the pending employee housing regulations when and if those regulations are
adopted by Council. Mire explained, "This is the best means for you (Council), if you
want to stop short of a moratorium, and if you want to continue to process but make sure
developers are bound by the most current regulations." Moffet moved to approve the
ordinance with Foley seconding. Representing Vail Resorts Development Company, Jay
Peterson expressed concern that the proposed changes may require any design
alterations requiring a new development application, would subject that property to the
new regulations. "Representing a variety of clients," Dominic Mauriello urged Council to
use caution and reevaluate the data used to prepare the rational nexus study. Scott
Proper stated, "What is on the table is unpredictable and industry does not like
unpredictability." Moffet responded, "You can always take your money and go
somewhere else." Foley continued, "We are just trying to create a level playing field and
eliminate the gray areas." The motion passed unanimously, 7-0.
The eighth item on the agenda was Resolution No. 13, Series 2006, a Resolution By the
Town of Vail Council Urging Vail Voters to Educate Themselves and then Oppose Ballot
Issue Number 38 in the November 7, 2006 Election.
Mire introduced Resolution No. 13, Series of 2006. The Colorado Secretary of State
certified Ballot Issue Number 38 on December 6, 2005. This dramatic proposal would
substantially change the historical referendum process in Colorado. Among other things
this amendment would expand the referendum powers toward all local governments
including "all enterprise authorities and other governmental entities." These enterprises
and other governmental entities would be seriously and detrimentally impacted by such
referendum. Proposals similar to Amendment 38 have twice before been rejected by the
Colorado voters in both 1994 and 1996 by substantial margins. The proposal" is not
clearly written and creates with virtually every line of the proposal numerous practical
and legal interpretation questions. Strictest compliance is required against hundreds of
governmental districts which would create a substantial cost to the state even if only
complaint based enforcement occurs. This ballot item would overrule any conflicting
4
state constitution provision, home rule town charter and all other state and local laws.
The procedures set forth present an unfair playing field in that the plaintiffs can recover
their attorney's fees but governmental entities have practically no chance of recovering
taxpayers dollars spent on frivolous compliance actions. Such broad initiative and
referendum right would seriously disrupt the operations of government. Council would
be forced to delay local laws from going into effect before a 91 day waiting period had
passed. The measure purports to prohibit any future ballot issue rejected by the voters if
the future issue is wholly or mostly similar to the rejected ballot item. Amendment 38
mandates taxpayer financed political advertising in the form of up to a one thousand
word statement, for petition proponents. Opponents have no such right under this ballot
item. Moffet moved to approve opposing Ballot Issue Number 38 with Gordon
seconding. The motion passed unanimously, 7-0.
The ninth item on the agenda was Resolution No. 19, Series 2006, A Resolution in
Opposition to the 2006 Ballot Issue Known as "Term Limits for Supreme Court and Court
of Appeals Judges," Amendment 40 to the Colorado Constitution, that Would Politicize
the Appellate Courts and Adversely Impact the Judicial Process.
Mire introduced Resolution 19, Series of 2006. An initiated constitutional amendment,
Amendment 40 to the Colorado Constitution, has been certified for consideration by the
voters of the state of Colorado at the regular election to be held on November 7, 2006.
Amendment 40 would cause all appellate court judges to be up for reelection at the
general election in 2007 but only if those judges have not then served ten years in office.
The effect of Amendment 40 would be to remove from office next year five Supreme
Court justices and seven court of appeals judges. The effect of Amendment 40 would be
to limit the independence of the judiciary and to politicize their appointment by placing a
limit of ten years on the service of any appellate judge, thereby empowering the
governor with the appointment of a majority of the appellate judges after each general
election. The further effect of Amendment 40 would be to deprive this state of the
wisdom and experience of our sitting appellate judges and substitute on-the-job training
after each appointment. The further effect of Amendment 40 would be to discourage the
most qualified trial judges and attorneys from applying for appointment to the appellate
bench. The further effect of Amendment 40 would be to cause newcomers to the
appellate courts to be reviewing the decisions of seasoned trial judges, for whom no
term limits are proposed. No other state has placed term limits on the judiciary. The best
interests of the Town of Vail and its citizens will not be served by the attack on the
independence and competence of the judiciary contained in Amendment 40. Moffet
moved to approve the resolution opposing Ballot Number 40 with Gordon seconding.
The motion passed unanimously, 7-0.
The tenth item on the agenda was Resolution No. 20, Series 2006, A Resolution in
Support of Referendum I: The Colorado Domestic Partnership Act.
Mire introduced Resolution 20, Series of 2006. Thousands of law-abiding, taxpaying
Coloradans are denied basic legal protections and responsibilities merely because they
live in committed, same-sex relationships. Committed same-sex couples are not
guaranteed the right to visit a partner in the hospital, direct his or her care in a nursing
home, or to leave their property to whom they wish upon death. Gays and lesbians who
die without a will are more likely to have their property left to the government than to
their partner. In November, Colorado voters will have the opportunity to approve
domestic partnerships, a registered civil contract between committed same-sex couples.
domestic partnerships, while not marriage, will provide many, but not all, of the
protections and responsibilities that these couples deserve. It was hoped the passage of
Referendum I would send a strong signal throughout the country of Colorado's
commitment to fairness and equality for all citizens. Moffet moved to approve supporting
Referendum I the resolution with Gordon seconding. The motion passed unanimously, 7-
0.
The eleventh item on the agenda was Adjournment.
Moffet moved to adjourn with Newbury seconding. The motion passed unanimously, 7-
0, at approximately 8:00 p.m.
- ~ o~
Rodney E. Slifer, Mayor
ATTEST:
C..,
J
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
Vail Town Council Evening Meeting Minutes
Tuesday, November 7, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Newbury
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Moffet arrived at approximately 6:20 p.m.
The first item on the agenda was Citizen Participation. There was none.
The second item on the agenda was a request for the determination of a similar use by
the Town Council pursuant to Section 12-7B-5(B)(7), Permitted and Conditional Uses;
Above Second Floor, Vail Town Code, to allow for a ski club with ski storage to be
considered a use similar to a cocktail lounge and bar, located at 333 Hanson Ranch
Road (Vista Bahn Building)/Lot C, Block 2, Vail Village Filing 1. Town Planner Warren
Campbell reported that on September 25, 2006, an application was submitted by the
owners of the Vista Bahn Building to establish a ski club with ski storage on the third
floor of the structure. The Commercial Core I zone district does not list a ski club with ski
storage as a permitted or conditional use on any floor of a structure within the district.
The applicant has requested Council review their proposal pursuant to Section 12-3-4,
Determination of Similar Use, Vail Town Code, to determine if a ski club with ski storage
is similar to a cocktail lounge and bar.
Representing the applicant, John Durham, Maddux Design, explained the following:
• Eating and drinking establishments are a conditional use above the second floor in
CC1;
• A private ski club was approved in this space as a "similar use" to an eating and
drinking establishment;
• Ski storage is an amenity and ancillary to the primary purpose of a social facility;
• This facility is different than the "commercial ski storage" facilities in the village;
• • This is not aprofit-oriented venture, allowing storage space to be minimized rather
than maximized;
This facility will attract down valley residents into the heart of Vail on a year-round
basis;
A "similar use" determination presences oversight for the town and avoids a
contentious text amendment process.
Representing the Cordillera Property Owners Association, Bob Vanourek, explained,
"The proposal is an honest attempt to bring down valley people back into VaiI...This
would be a great anchor to continue our social opportunities." Property owner Rick
Mueller assured Council the proposal was not similar to commercial ski storage. Moffet
joined Council at 6:20 p.m. and confirmed he was competent and willing to vote on the
item. Foley clarified a new liquor license would not be applied for. Hitt clarified the
proposed establishment would generate sales tax. Mire explained an approval would not
have any precedent value. Moffet moved to find the proposed use similar as long ski
storage did not exceed 30% of the floor area. Logan seconded. Slifer said the proposal
was a great use. Foley asked the applicants to be judicious in their operation of a liquor
establishment. The motion passed 6-1, with Gordon opposed.
The third item on the agenda was the Consent Agenda.
a. Approval of 10.03.06, 10.10.06 and 10.17.06 minutes.
Moffet moved to approve the consent agenda with Logan seconding. Foley and Hitt said
they would submit some minor adjustments to the minutes. The motion passed
unanimously, 7-0.
The fourth item on the agenda was a presentation from the competing LionsHead
parking structure request for proposal (RFP) development teams and ask questions of
them regarding their proposals. Provide staff with direction on additional information that
would be helpful making a decision on the RFP process. The proposed format for the
presentations included 90 minutes for each team to present and respond to questions.
The order of the presentations was East West Partners followed by the Hillwood
Partnership. The public was given an opportunity to ask questions of the developers.
Due to a predetermined conflict of interest (East West Partners affiliation), Slifer recused
himself from the item and left Town Hall for the evening. Representing East West
Partners, Harry Frampton, Chuck Madison, and John Evans explained the merits of their
proposal. Frampton elaborated, `This is the equivalent of having a 500 room hotel...This
parking structure is an extraordinary scar on our environment." The project was touted
to include the following:
• Civic and learning center
• Lifestyle retail
• Wellness/recreation center
2
• Youth recreation center
• Non-profit center
• Leeds Certified
• Frontage Road improvements
• Transit Center
• Parking
• Information Center
• Onsite employee housing
It was reported that East West and the Hyatt Corporation had executed an agreement
for Hyatt to manage the hotel project and they would to be a major investor in the
property. Nick Pritzken, Vice-Chairman of Hyatt Global said his company, "tries really
hard to be global and local." He then explained the Hyatt Corporation's philosophy and
spoke about recent Hyatt Hotel successes. Frampton continued, `Mle think this project
will be an economic engine, adding 70,000 incremental room nights...All of the retail will
be on the first floor, with 70% of that being local and 30% national...The transit center
will be on the Frontage Road, adjacent to the information center and public
restrooms...lt will be a very short walk and down the escalator located by the retail."
PEC Member Bill Jewitt questioned a possible scarcity of Frontage Road improvements
and a lack of adequate parking to accommodate a conference center. Later in the
discussion Frampton told Council his proposal included a recreation facility that would
provide up to 200 town resident memberships and on-site employee housing with an
additional payment in-lieu. Responding to a question regarding parking construction
timing, "VUe would negotiate meaningful damages for our contractor." Moffet questioned
the rentability of the proposed condominiums. It was explained that 90% of owners at the
• Westin (under construction) in Avon were planning on renting similar units. One of the
focal points of the discussion centered on the proposed timetable for completion of the
parking structure component of the project. Speaking on behalf of Vail Resorts, Bill
Jensen emphasized the need to avoid all risks when it comes to construction of parking.
While Jensen said the redevelopment should be viewed as an "opportunity" for the
community, the need to have parking operations fully functioning for the duration of the
entire 2009-2010 ski season is critical. Council members encouraged the developers to
continue meeting with Vail Resorts to explore a timetable that would enable a parking
structure to be built at the west end of LionsHead prior to redevelopment of the existing
structure to help reduce the risk. Forrest clarified 400 additional parking spaces would
facilitate 15 days per ski season of parking on the Frontage Road. Tom Neyens, Ski
Valet of LionsHead, questioned the validity of parking projections. "I think hotel stayers
are going to compete with day skiers...Do we really need to do this right now?"
Representing the Hillwood Partnership proposed project architect/designer Bob
Fitzgerald of 4240 Design began, `11Ve feel the One Town story is built on a dense
layering of influences and ideas." They discussed a project consisting of 1.6 million
square feet with half of that dedicated to parking. Two hotels (the W and St. Regis)
would be located on the site along with a transit and performing arts center, spa facilities
and copious retail. Both of the hotels would operate as independent entities. The
performing arts center would be operated by the Hillwood Partnership. Jonas Woods
and Marc Stanworth of the Hillwood Partnership said the project was estimated to cost
$600 million with $145 million dedicated to public uses in various forms. Jewitt
questioned whether a 600-1,000 seat theatre could be economically viable. Wood
• predicted 100-125 live acts per year would keep the facility profiitable. Any moderate
losses would be subsidized through a metro district tax. "Experience with the American
3
Airlines Center in Dallas Texas gives us lots of experience programming a facility...We
are opening a new House of Blues in Dallas in the next few months." The group then
reported they had identified two sites for employee housing, one on-site and the other
off-site (possibly at the West Vail Holiday Inn location). Responding to a question from
Gordon, Wood said his firm anticipated selling the project's residential components at
around $2,000 per square foot. East West estimated they would sell the residential
component for $1,400 per square foot. Doug McNichol of Mortenson Construction
explained the proposed parking garage would not be as efficient on a per stall basis as
the East West garage. Jensen told the group the proposed three levels of structured
parking "makes me nervous." Woods responded, "We will allocate dollars to somewhere
else (West LionsHead) if that is where parking needs to go." Representing the
developer Jay Peterson articulated, "The West LionsHead parking structure needs to be
up and running before we lose those parking spaces in LionsHead...Ford park doesn't
work as an option for LionsHead...Will there be some pain to bear in this process, yes."
Tony Vandans, Gateway Building property owner, asked if the town would receive the
revenue from the public parking spaces. Kaye Ferry asked if the town had received an
appraisal. Hitt said the town was not prepared to make that public yet. She then asked
why the town had only received one. Neyens concluded the public discussion by saying,
"I am hoping you are looking at a way to keep local businesses here." Hall stated the
town had asked each group to have impact analyses performed by a traffic engineer. For
more information, contact Russ Forrest at 479-2146.
The fifth item on the agenda was the Town Manager's Report.
• Authorization by Town Council for purchase of "buy down" unit, to wit: One bedroom
/+ loft in Vail Schone Building for $295,000.
Moffet moved to approve the request to purchase with Newbury seconding. The motion
passed unanimously, 6-0.
• Construction Update.
Hall reported, "Everything should be out of the public right-away before November 15."
• Revenue Update.
Camp reported sales tax collections for the year-to-date through September were
expected to be $13.6 million, an increase of $84,534 or 7.8% over the same period last
year. Expected revenue for the month of September is $826,866, an increase of $31,059
or 3.9% over last year. The year-over-year increase in the consumer price index for
September is 2.1 %. Gross sales for six representative businesses located near the
construction area in LionsHead increased 9.3% from last year for the month of
September and are up 9.3% for the year-to-date through September. Compared with
2003, before construction started in that area, gross sales of the six businesses are up
16% for the month and 17% for the year-to-date. Construction permit revenue of $1.3
million through September 27, 2006, is up 7.9% from last year. This year's revenue
includes $845,614 (64% of the total) from eight large redevelopment projects -Forest
Place, Front Door (The Lodge at Vail), Gore Creek Place, Lodge Tower, One Willow
Bridge Road, Sonnenalp, Vail Plaza Hotel, and Westhaven Condos. Major
redevelopment projects accounted for $786,379 (also 64% of total) at this time last year.
Construction permit fees include building, electrical, mechanical, plumbing, and sprinkler
4
permits. RETT collections of $3.9 million through September 27, 2006, are down
$729,065 or 16% from last year. Last year's collections included $1.1 million of tax from
major transactions (over $10 million selling price) including: sale of the Chateau to the
Four Seasons developer; sale of units at Crossroads to the developer; Vail Mountain
Lodge timeshares; Founders' Park Garage; and the Vail Marriott.
• Vail Valley Athlete Commission.
Brandmeyer stated the Vail Valley Athlete Commission is composed of and funded by
four partners: Vail Resorts, Inc., Beaver Creek Resort Company, the Vail Valley
Foundation (WF) and the Town of Vail. This commission allocates funding twice
annually to winter and summer athletic competitors. The WF approached Council
during the out-of-cycle funding contributions to request that along w/their partners, the
town increase its annual contribution from $4,750 to its original $10,000 (post-9/11).
Those athletes receiving funding for the '06-'07 winter season are:
Nate Asoian, $1,000, Alpine Ski Racing; Claire Bidez, $3,000, Snowboarding/Half Pipe;
Dylan Bidez, $2,000, Snowboarding/Half Pipe, Slopestyle and Boardercross; Kevin
Hochtl, $1,500, Nordic Skiing; Stacia Hookom, $2,500, Snowboarding; Julia Littman,
$4,500, Alpine Ski Racing; Sarah Schleper, $5,000, Alpine Ski Racing; Hunter Schleper,
$1,000, Alpine Ski Racing; Jonathan Stevens, $1,000, Mountain Running; and Zac
Layman, $1,500, Snowboarding. This bump up in funding has made the individual
allocations much more meaningful and this partnership has resulted in the four entities
acting as one body to collectively assess these separate requests for funding. Newbury
said she would like an explanation as to how the athletes are chosen.
Moffet moved to direct the town manager to manage and award a contract for the
Commission on Special Events handbook with Logan seconding. Hitt emphasized the
project needed to be completed and the past applicants should be re-interviewed.
Zemler stated he would ensure there was integrity in the process. The motion passed 6-
0.
The sixth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury
seconding. The motion passed unanimously, 6-0.
i'~
_ ~
Rodney E. Slifer, Mayor
ATTEST:
~"l ~ 1"4~.(7~.~
orelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
Vail Town Council Evening Meeting Minutes
Tuesday, November 21, 2006
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
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Newbury
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Bill Jewitt stated he had recently
heard complaints regarding timeliness of bus service to the lifts from Ford Park. Vail
Transit manager Mike Rose informed Council buses are picking up those who park at
Ford Park as buses go into service in the morning. Jewitt also requested consideration
of lighting the LionsHead holiday tree earlier in the season.
Vail Recreation District board member Rick Sackbauer requested Council consider using
the Real Estate Transfer Tax (RETT) funds to redesign and build a new Vail Golf Course
irrigation system that would run more efficiently and save water. Currently the Vail Golf
Course is the largest user of water from the Gore Creek. Sackbauer also requested a
solution to the standing water issue on Alpine Drive. Zemler said the town would resolve
the water issue by Nov. 27.
Robert Aikens, owner of Verbatim Booksellers, asked Council to add street lights at the
crosswalks leading from town hall to the future Four Seasons site. Aikens also asked
Council to include more representatives from the retail sector to participate in drafting
the town's sign ordinance text amendments.
Billy Suarez, owner of Billy's Island Grill, requested the lighting of the LionsHead holiday
tree occur at an earlier date. Suarez also requested increased bus service during the
beginning of the season if the town is going to charge for parking, to which Council
replied had already been funded.
The second item on the agenda was the Town Manager's Report.
• Relocation of Checkpoint Charlie.
•
Zemler reported the relocation of Checkpoint Charlie would go before the Planning and
Environmental Commission (PEC) next week.
• Aspen/Snowmass Work Force Housing.
Zemler reported the town's department heads had recently toured the Snowmass base
village construction site and work force housing in both Aspen and Snowmass.
The third item on the agenda was a LionsHead Parking Structure Request for Proposals
discussion. Due to a predetermined conflict of interest (East West Partners affiliation)
Council member Rod Slifer recused himself from the item and left the Council chambers.
Town of Vail Community Development Director Russell Forrest provided Council with a
brief review of how the LionsHead parking structure redevelopment process is moving
forward and that the purpose of the evening meeting with Council is to receive feedback
from community members on the two development proposals from East West Partners
and Open Hospitality Partners/Hillwood Partners. Each proposal team received ten
minutes at the end of public input to respond to questions and comments. During public
comment, Billy Suarez, owner of Billy's Island Grill, encouraged Council to pursue
affordable housing and better parking on the site and encouraged the town to take a
step back and review other opportunities for the site. Representing the Eagle County
Economic Council, Don Cohen announced the Urban Land Institute would be hosting a
conference in Vail early in December. Cohen said there is a need for global (county-
wide) solutions regarding work force housing and not to ignore that issue during the
redevelopment process. Cohen requested Council also pay close attention to
capitalization and transportation when studying the two LionsHead proposals. Stan
. Cope said he supported the proposed 25,000 square foot continuous ball room
contained in the East West proposal as a public benefit. Cope also encouraged the town
to avoid looking at the brand names of the proposals and to focus on defining goals for
the redevelopment. Vail Valley Chamber and Tourism Bureau (WCTB) Director of
Quality Assurance Katie Barnes read a letter composed by the WCTB Executive
Director Michael Robinson supporting redevelopment of the parking structure and
encouraged Council to move forward with the process and create a community center
for both visitors and residents. Pam Stenmark informed Council she supported the
conference center concept provided by East West as a means to generate group
business. LionsHead business owner Tommy Neyens supported the music hall concept
of Hillwood but also encouraged Council to consider other uses for the land that might
be different for the community. A representative from Sonnenalp Real Estate said she
supported the W Hotel and St. Regis concept as it will meet the needs of many
demographics. Rick Stevens urged Council to use caution redeveloping town owned
land. Robert Aikens asked Council to consider one year without redevelopment but said
he supported Council moving forward with the redevelopment process. Ghigui Koffman,
Laughing Monkey owner, asked if the need for additional employees might create more
housing and parking problems. Representing the Vail Village Homeowners Association,
Jim Lamont requested Council continue to move forward through the process and keep
the public informed. Lamont encouraged Council aid developers with design and
creation of an economic development plan. Lamont concluded his comments by asking
the developers to reconsider the location, the size and scale of the project and add a
cross-section of on-site work force and free market housing opportunities. Representing
herself Kaye Ferry informed Council of her concerns regarding transferring the title of
• public land to a private entity. Ferry encouraged Council to take a step back and allow
current projects to be completed prior to starting a new project. Ferry also encouraged
Council look at other uses for the site and review requests made during the 2020 and
recreation and parks master plan processes. Local developer Rick Pylman endorsed
East West Partners. Representing East West Partners, Harry Frampton explained the
proposal includes many different aspects and not to get caught up in the large meeting
space. Frampton explained the large ball room will be flexible and perfect for all types of
uses. Frampton also said he envisions hosting several non-profit organizations in the
facility that would help bond the community. Frampton informed Council and those
present that this is an opportunity to invest in the community. President of Hillwood
Partners Jonas Wood explained the timing of the project would not take place until 2009-
10 at the earliest. Wood also explained that employee housing will be addressed during
the redevelopment. Wood also informed the group to took forward to a unique retail
experience. Logan responded to the public comment and proposal representatives that
the process will continue but there are many aspects that need to be addressed
including working with Vail Resorts, Inc. Logan said parking continues to be a priority
and concern and the LionsHead parking structure will eventually need to be replaced as
it depreciates. Moffet explained it is early in the process and it is too soon to choose a
developer. Gordon agreed with Moffet explaining the project has to take place as the
right project at right time. Hitt reviewed the next steps, which include a second appraisal,
financial analysis of both proposals, a meeting with Vail Resorts, on Dec. 12, and
additional community meetings.
The fourth item on the agenda was the first reading of the 2007 Budget Ordinance No.
28, Series 2006. Finance Director Judy Camp introduced the budget and explained it
was built on conservative assumptions. She then said the employee merit increase
pool of five percent is being recommended to retain employees. Representing the Vail
Chamber and Business Association (VCBA) Richard Tenbraak requested Council
reconsider funding of the Vail Guide at its requested $58,000 level. Zemler stated the
town's Community Information Office committed to $5,000 worth of advertising in the
publication. Vail Guide publisher Mike Campbell described the proposed detailed 2007
Vail Guide and the need for the $58,000 in advertising is to provide complete business
listings. Representing the VCBA Kaye Ferry also explained the additional advertising
dollars would be use to add important phone numbers and information including hospital
contacts and bus schedules. Ferry reported local business owners Tom Higgins, Dan
Beard, John Cogswell, Robert Aikens, and Samantha Wright were in attendance during
the Work Session to support the publication. Tom Neyens, owner of Ski Valet, spoke in
support of the Vail Guide and urged Council to use a portion of the Town of Vail
business license fees to support the guide. Colorado Footwear owner Steve Rosenthal
and Nicole Hoffman, manager of the Laughing Monkey and General Store, also spoke in
support of the Vail Guide. Commission on Special Event (CSE) member Steve Connolly
thanked Council for additional funding for 2007. Moffet moved to approve the ordinance
with Newbury seconding. Newbury added that the town's Public Information Officer
Suzanne Silverthorn is the town's expert and should be responsible for where the town
advertises. Foley questioned whether Council could raise the mill levy. Camp reported
any mill levy increase would require a TABOR election. Zemler explained an Art in
Public Places (AIPP) funding increase would be evaluated every year and not dedicated.
Hall spoke in support of the AIPP board and encouraged Council to provide increased
ongoing funding. The majority of Council agreed to maintain AIPP funding at $75,000.
Moffet and Newbury amended the motion to reflect the decrease in AIPP funding. The
motion passed 6-1, with Foley opposed. Foley encouraged Council to hold several work
sessions to evaluate specific departments and specific items during the 2008 budget
process.
The fifth item on the agenda was the First Reading of Ordinance No. 30, Series of 2006, an
ordinance establishing Special Development District (SDD) No. 40, The Willows, Pursuant to
Article A, SDD District, Chapter 9, Title 12, Zoning Title, Town Code of Vail. Town Planner
Elizabeth Reed stated that on November 13, 2006, the PEC held a public hearing on a
request to establish SDD No. 40, The Willows. The purpose of the new SDD is to facilitate
the redevelopment of The Willows Condominiums, located at 74 Willow Road. Upon review
of the request, the PEC voted 4-1-0 (Pierce opposed) to forward a recommendation of
approval of the request to establish SDD No. 40, The Willows, to Council. Representing the
applicant Steve Restin and Rick Pylman outlined the proposal. Pylman said a public art
contribution and on-site employee housing unit should be considered public benefits. The
redevelopment would create a decrease in employees. Representing the Vail Village
Homeowners Association, Jim Lamont requested the public benefits include a more
adequate streetscape safety plan (adding a walkway at least on one side of Vail Road).
Speaking on his own behalf Bill Jewitt recommended employee housing be provided for
families. Representing the Riva Ridge Homeowner's Association Art Abplanalf explained the
adopted plans contained an error (the inclusion of anon-conforming deck on the southern
part of the property} and asked Council to reflect the error in the ordinance. Moffet
encouraged the purchase of three to four bedroom units to offset the employee housing
need. Moffet moved to adopt the ordinance with two additional conditions, the balconies off
the master bedrooms will be deleted and added to the south east corner off the living rooms
and the setbacks will become defined by the building footprint and that housing would be
provided off-site in the Town of Vail with Logan seconding. Newbury encouraged
consistency in regard to employee housing requirements. Slifer said he believed the
proposed 12 foot wide roadway on Willow Road was inadequate and said the focus should
be road improvements on Vail Road. The motion passed unanimously, 7-0.
The sixth item on the agenda was the first Reading of Ordinance No. 31, Series of
2006, An Ordinance Amending Section 2-6-9 of the Vail Town Code, Concerning use of
the Real Estate Transfer Tax (RETT) Fund. Council voted 7-0 to approve usage of
RETT funds to include expenditures related to environmentally sustainable practices.
Hitt encouraged adding a spending cap on the RETT fund to avoid the money being
used as slush fund. Moffet moved to approve the ordinance upon the condition the
existing four uses be satisfied before any funds are released to enhance environmental
sustainability, with Foley seconding. Gordon said the action was satisfying the desire of
town residents following responses from the 2020 process.
The seventh item on the agenda was the first Reading of Mill Levy Certification,
Ordinance No. 32, Series 2006. Mill Levy Assessments must be certified to the County
for collection annually; this ordinance authorized certification. Moffet moved to approve
this ordinance with Logan seconding. The motion passed unanimously, 7-0.
The eighth item on the agenda was Resolution Number 22, Series 2006. A resolution
declaring the intent of the Town of Vail to acquire a fee simple interest in the property
located at 2399 North Frontage Road West for Fire Protection facilities, further
continuance of good faith negotiations to acquire said property interest, and
authorization to initiate an action in eminent domain to acquire said property in the event
good faith negotiations do not result in an agreement to acquire said property interest
Town Attorney Matt Mire said the town has negotiated in good faith with the record
owner and others having an ownership interest in the property commonly known as
Wendy's, located at 2399 N. Frontage Road West, and legally described as Parcel A, a
4
resubdivision of Tract D, a resubdivision of Vail Schone Filing 1, Town of Vail, Eagle
County, Colorado (the "Property"). Negotiations to purchase the Property have, to this
point, been unsuccessful. This resolution represents Council's formal determination that
it is necessary to acquire a fee simple interest in the property, and that, in the event the
good faith negotiations do not result in voluntary granting of the property, it is necessary
the town acquire said interest in the property through the use of the town's power of
eminent domain as provided for in the Town Charter. Moffet moved to adopt with
Newbury seconding. Logan expressed displeasure with the use of eminent domain.
The motion passed, 5-2 with Logan and Hitt opposed.
The ninth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury
seconding at approximately 10:45 p.m. The motion passed unanimously, 7-0.
~~, ~ ~
Rodney E. Slifer, Mayor
ATTEST•
.r
~~~ r~~ _,
V
~~ r
Lorelei'Donaldson, Town Clerk
Minutes provided by Corey Swisher.
Vail Town Council Evening Meeting Minutes
Tuesday, December 5, 2006
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
Kent Logan
Greg Moffet
Kim Newbury
Mark Gordon
Kevin Foley
Not present: Hitt, Mayor Pro-Tem
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. There was none.
The second item on the agenda was the Consent Agenda, Approval of 11.07.06 and
11.21.06 Minutes. Moffet moved to approve the consent agenda with Foley seconding.
Gordon asked that the reported per square foot cost of the East West Partners
LionsHead redevelopment proposal of $1,400 be added to Item No. 1 of the Nov. 21
minutes. He noted that the Hillwood Partners' projected per square foot sales cost had
been mentioned. The motion passed unanimously, 6-0.
The third item on the agenda was the Town Manager's Report. Zemler reported the
Urban Land Institute would be holding a panel seminar at the Cascade Resort during the
upcoming week. He also stated Senator Salazar would be hosting panels in the near
future related to beetle kill, bio-mass and other related topics.
• Revenue Update
Finance Director Judy Camp reported sales tax collections for year-to-date through
October were expected to be $14.2 million, an increase of $1.0 million, or 7.8% over the
same period last year. Expected revenue for the month of October was $599,605, an
increase of $33,432 or 5.9% over last year. The year-over-year increase in the
consumer price index for October is 1.3%. Construction permit revenue of $2.0 million
year-to-date through Nov. 29 is up 38% from last year. This year's revenue includes over
$1.2 million (61% of the total) from 11 large redevelopment projects - Arrabelle, Forest
Place, Front Door (The Lodge at Vail), Gore Creek Place, Lodge Tower, Manor Vail,
Mountain View, One Willow Bridge Road, Sonnenalp, Vail Plaza Hotel, and Westhaven
Condos. Major redevelopment projects accounted for just over $900,000 (also 61 % of
• total) at this time last year. Construction permit fees include building, electrical,
mechanical, plumbing and sprinkler permits. Real Estate Transfer Tax (RETT)
collections of $5.4 million through Nov. 29 are down $520,947 or 9% from last year.
Two large sales in November brought the revenue from the "Sales over $10 million"
category to $1.2 million compared with $1.1 million for that category last year.
Therefore, the entire variance is due to smaller projects.
• Emergency Incident Training
Police Chief Dwight Henninger reported on Nov. 29, 17 Town of Vail employees
participated in a regional emergency preparedness exercise. The training involved a
simulated hostage-taking incident with response by members of the Northwest Type 3
Incident Management Team representing emergency responders from Eagle, Summit,
Garfield, Mesa, Pitkin, Moffat, Grand and Routt Counties. There were 104 participants
with expertise in the areas of law enforcement, tactical operations, hazardous materials
response, fire suppression, public health, emergency medical, and communications.
The incident scenario involved a suspect with a volatile liquid who took a hostage on an
eastbound bus. Henninger, who served as the incident commander during the training,
said the exercise continues to prepare Town of Vail employees to deal with critical
incidents that may occur in its jurisdiction.
The fourth item on the agenda was a LionsHead Parking Structure Request For
Proposals (RFP) discussion. Due to a predetermined conflict of interest (East West
Partners Affiliation), Slifer recused himself from the item and left the Council Chambers.
As Hitt was absent from the meeting, the most tenured Council Member, Greg Moffet,
served as the Acting Mayor. The purpose of the evening meeting with the Vail Town
Council was to:
1. Provide direction to perform a financial analysis on the two development proposals.
To ensure a work product is produced that meets Council's expectations, staff
prepared an RFP with a brief scope of service. Staff requested authorization to
engage Rocky Mountain Valuation to perform a second appraisal on the LionsHead
Parking Structure.
2. Review proposed next steps in the process.
On Nov. 21 the Vail Town Council received public input on the LionsHead Parking
Structure proposals. At that meeting Council directed staff to obtain an additional
appraisal and find a highly qualified financial consultant/analyst to review the proposals.
Logan said he felt comfortable with the RFP regarding the financial analysis. Gordon
moved to authorize up to $9,000 for the appraisal and to issue the financial analysis RFP
with Logan seconding. The motion passed unanimously, 6-0.
The fifth item on the agenda was the Seibert Circle Private Fund Raising Results.
Project Manager Todd Oppenheimer asked Council to listen to an update regarding the
Seibert Circle private fund raising results. On Oct 17, Council approved the design of
water and fire feature prepared by WET Design as the final design for Seibert Circle and
approved a project budget of $675,000 contingent on the private sector raising $125,000
toward the cost of the improvements by the Dec. 5 meeting. Local residents Ron Riley
and Alan Kosloff took the lead in the fund-raising. Riley, a Vail Village property owner,
indicated that while he and Kosloff were close to meeting the goal, they needed a little
~~ more time to complete the task. Riley then asked Council to move forward with design
and construction contracts and to assume the risk in the unlikely event the fund-raising
would fall short of its goal. Foley clarified ambitious fundraising efforts were not made in
expectation of cost overruns. Gordon made clear that the project was expected to be
completed by July 1, 2007.Moffet and Foley thanked Riley and Kosloff for their efforts.
Moffet moved to direct staff to proceed with design and construction contracts in
preparation of construction of the Seibert Circle improvements beginning in late April or
early May 2007 with Gordon seconding. Council agreed to the understanding that the
town would "backstop" any shortfalls in donations so as to allow the town to begin
accepting the private contributions. Riley concluded his comments by saying, "There will
be a big party at Los Amigos when that fountain gets turned on." Moffet clarified all
private funding would be completed before construction actually began. Camp made
clear that donations could not be refunded. Reilly continually assured Council that all
pledged donations would be collectable. The motion passed 5-1, with Newbury opposed.
Newbury stated she had been opposed to the project since its inception.
The sixth item on the agenda was the first reading of Ordinance No. 29, Series of 2006,
an ordinance making supplemental appropriations to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and
Dispatch Services Fund of the 2006 Budget for the Town of Vail, Colorado. Gordon
clarified the town maintained adequate health insurance reserves. Moffet moved to
approve the ordinance with Gordon seconding. Foley said the town would evaluate its
construction fees and continue to pursue the most appropriate use for the Conference
Center funds, which will most likely be placed before voters in November 2007. Zemler
said he would report back in two weeks with recommendations on a public process to
develop a ballot issue for the conference center fund reallocation. The motion passed
unanimously, 6-0.
The seventh item on the agenda was the First Reading of Ordinance No. 33, Series of
2006, an ordinance amending Title 12, Zoning Regulations, Chapter 6, Residential
Districts, Article E, Residential Cluster (RC) District, Vail Town Code, to add
"professional office" and "business office" as conditional uses to the District, and
amending Title 12, Zoning Regulations, Chapter 16, Conditional Use Permit, Vail Town
Code to add use specific criteria and standards for business offices and professional
offices. Chief Planner George Ruttier stated that on November 13, 2006, the PEC voted
5-0-0 to forward a recommendation of approval of the proposed text amendment to the
Zoning Regulations to add "business office" and "professional office" as conditional uses
to the RC District. Moffet said this ordinance allowed businesses to apply for a
conditional use permit (14 criteria must be met) for office space in an RC. Ruttier said,"
This is a very unusual property compared to other properties identified as RCs...This
office use will always be ancillary to residential purposes." Moffet moved to approve the
ordinance with Logan seconding. The motion passed unanimously, 6-0.
The eighth item on the agenda was the second reading of the 2007 Budget Ordinance
No. 28, Series 2006. Moffet moved to approve the budget ordinance with Logan
seconding. Gordon clarified the Commission on Special Events (CSE) budget was
$750,000 and included staffing. Gordon then proposed an amendment to the motion to
exclude staffing from the aforementioned $750,000 and add additional dollars for staffing
elsewhere in the budget. Camp clarified the amendment would increase the General
Fund budget by $48,000. Vail Valley Chamber & Tourism Board President and Chief
Executive Officer Michael Robinson thanked Council for their generous contributions to
the business community. Logan clarified the RETT Fund included resources for
improvements to the golf course club house and course. Moffet then made an amended
motion to exclude $483,000 for golf course and club house improvements from the
RETT budget and to handle these improvements through a 2007 supplemental
appropriation if deemed necessary. Logan subsequently amended his second. Foley
and Gordon attempted to secure a funding appropriation for the Vail Guide (a publication
produced by the Vail Chamber and Business Association), but were unable to receive
support from others. The budget motion passed 5-1, with Foley opposed.
The ninth item on the agenda was the Discussion of the second reading of Ordinance
No. 30, Series of 2006, an ordinance establishing SDD No. 40, The Willows, pursuant to
Article A, SDD, Chapter 9, Title 12, Zoning Title, Town Code of Vail. Chief Planner
George Ruther reported that on November 13, 2006, the PEC held a public hearing on a
request to establish SDD No. 40, The Willows. The purpose of the new SDD is to
facilitate the redevelopment of The Willows Condominiums, located at 74 Willow Road.
Upon review of the request, the PEC voted 4-1-0 (Pierce opposed) to forward a
recommendation of approval of the request to establish SDD No. 40, The Willows, to
Council. On November 21, 2006, Council voted 7-0-0 to approve Ordinance No. 30,
Series of 2006, on first reading. Ruther explained the project's streetscape
improvements will meet with those being provided by the Front Door project.
Representing the Vail Village Homeowners Association, Jim Lamont questioned the
streetscape and road realignment proposals. He continued, "You have not really dealt
with the safety issues of pedestrian and bicycle safety on Vail Road." Project developer
Steve Brostek said their streetscape improvement cost estimates had been reviewed by
the Public Works Department. Moffet moved to adopt ordinance No.30 as read with the
requirement the sidewalk remain where it was originally proposed, consistent with
findings in the memorandum to the PEC dated November 13, 2006. Logan seconded
the motion. Town Engineer Tom Kassmel said he would like to see improved pedestrian
access on Willow Road as it had less vehicular traffic. Newbury expressed concern Vail
Road was not safe for pedestrians. "Putting pretty streetscape on Willow Road will
make Willow Road very pretty, but it will not make people walk there." Willows Manager
Tim Hargreaves said he believed the proposed redevelopment would help reduce
pedestrian passage on Vail Road. The motion passed unanimously, 6-0.
The tenth item on the agenda was the Second reading of Ordinance No. 31, Series of
2006, An Ordinance Amending Section 2-6-9 of the Vail Town Code, Concerning use of
the RETT Fund. In an effort to be the premier mountain resort community, the town has
committed to provide its citizens and guests with "a superior level of environmentally
sensitive services" in addition to "vision, leadership and stewardship in an
environmentally responsible manner." To achieve the goals stated above and for the
environmental sustainability of the Town of Vail and the Vail Valley, Council has
determined that certain text amendments are necessary to the Vail Town Code as they
relate to the use of the Town of Vail RETT Fund to include expenditures related to
environmentally sustainable practices. According to the Town Charter, this ordinance will
need to be tabled for second reading until December 19, 2006 due to a Vail Daily
publication error. Town Attorney Matt Mire asked Council to examine the statement of
intent included in the ordinance. Moffet moved to table the ordinance with Newbury
seconding. Foley asked for a report of the expenditures made from the RETT Fund in
2006. The motion passed unanimously, 6-0.
--Second Reading of Mill Levy Certification, Ordinance No. 32, Series 2006
Halloran stated the town's mill levy assessments must be certified to the county for
collection annually; this ordinance authorizes certification. The numbers have been
adjusted for the Eagle County Assessor's report. The town will collect approximately
$2.8 million in property tax in 2007. Moffet moved to adopt the ordinance with Foley
seconding. The motion passed unanimously, 6-0.
The eleventh item on the agenda was Resolution No. 23, Series 2006, A Resolution
Approving a Budget and Operating Plan of the Vail Marketing District (VLMD), for the
Fiscal Year January 1, 2007 Through December 31, 2007. Camp reported that Council
had received the operating plan and budget of the Vail Local Marketing District for the
2007 fiscal year on or before December 5, 2006, and has provided required notice at set
forth in C.R.S. § 29-1-106. The statute C.R.S. § 29-25-110 requires Council to approve
the operating plan of the VLMD for the 2007 fiscal year by December 5, 2006. Moffet
moved to approve with Gordon seconding. The motion passed unanimously, 6-0.
The twelfth item on the agenda was Adjournment. Moffet moved to adjourn with
Newbury seconding at approximately 8:00 p.m. The motion passed unanimously, 6-0.
ATTEST:
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Minutes provided by Corey Swisher.
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Vail Town Council Special Meeting Minutes
Tuesday, December 12, 2006
12:00 Noon, Vail Town Council Chambers
The Special Meeting of the Vail Town Council was called to order at approximately 12:00
Noon Mayor Rod Slifer.
Members present: Kent Logan
Kim Newbury
Mark Gordon
Kevin Foley
Greg Moffet
Rod Slifer
Members not present: Farrow Hitt, Mayor Pro-Tem
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Asst. Town Manager
The first item on the agenda was the welcome. Slifer welcomed Vail Resorts
executives; Vail Resorts Chief Executive Officer Rob Katz, Senior Vice President of
Development of Vail Resorts Jack Hunn, Vail Mountain Chief Operating Officer Bill
Jenson and President of Vail Resorts Development Company Keith Fernandez.
The second item on the agenda Overview VRI objectives in Vail. Katz emphasized the
same objectives of the Resort Company were very similar to the town's. He outlined
synergies by explaining that the Front Door project was important to the Company in
terms of real estate revenue and to the town because it will enhance the guest
experience "Vail Resorts has an emotional connection to Vail."
The third item on the agenda was Executive Session, pursuant to: 1 } C.R.S. § 24-6-
402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer or sale of property
interests; conference with attorney to receive legal advice on specific legal questions;
and to determine positions, develop a strategy or instruct negotiators regarding the
disposition of real property. All matters relating to Timber Ridge Employee Housing; the
redevelopment of West LionsHead; and the LionsHead parking structure redevelopment
and RFP process. Due to a predetermined conflict of interest (East West Partners
affiliation) Slifer recused himself from the item and left the Council Chambers. Newbury
then moved to enter Executive Session with Gordon Seconding. The motion passed
unanimously, 5-0.
The fourth item on the agenda was an Open Session: Summary Comments/Follow-up
and Adjournment. Moffet encouraged the Resort Company to improve is corporate
public image strategy. Katz said we was encouraged by the afternoon's dialogue.
Logan emphasized Council's highest priority was affordable housing. Katz concluded
the discussion by stating, "Our Company will be and has to be a leader." Moffet moved
to adjourn the meeting with Newbury seconding. The motion passed unanimously, 5-0.
ATTEST:
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Lorelei Donaldson,
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Town Clerk
Minutes provided by Corey Swisher.
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Rodney E. Slifer, Mayor
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