HomeMy WebLinkAbout2014 Vail Town Council MinutesVail Town Council Meeting Minutes
Tuesday, January 7, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz
Margaret Rogers
Greg Moff0t
Jenn Bruno
Dave Chapin
Dale Bugby
Staff members: Stan Zemler, Town Manager
Kendra Carberry, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Tammy Nagel, Acting Town Clerk
The first item on the agenda was Citizen Participation. There was no citizen participation.
The second item on the agenda was the Consent Agemda:
1) Approval of December 3 and December 171 meeting minutes. Moffet made a motion
to approve the December 3 meeting minutes with a second from Kurz. The motion
passed unanimously 7-0. Moffet made a motion to approve December 17 meeting
minutes with a second from Kurz. The motion passed unanimously 7-0.
2) Resolution No. 1, Series of 2014, A Resolution Designating a Public Place within the
Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Council,
Planning and Environmental Commission, [design Review Board, and Other Boards,
Commissions and Authorities of the Town of Vail. Moffet made a motion to approve
Resolution No. 1 with a second from Kurz. The motion passed unanimously 7-0.
The third item on the agenda was the Town Managers', Report.
1) 2013 Year in Review. Town Manager Stan Zemler stated there was not anything specific
concerning the 2013 year in review and that it was added to the packet just for council's
information. Zemler said the summary of the vear was extremely well done by Suzanne
Silverthorn. Rogers stated 2013 was a busy year.
2) Timber Ridge Deed Transfer Update. Zemler informed council that staff will be coming
forward in the next couple meetings with a seri ,s of items concerning Timber Ridge that
will shift the ownership back to the Town of Vail; and incrementally introduce a number of
things that will be components of the redevelopment of Timber Ridge. Staff is starting a
process to facilitate the transfer with no problems and in a timely manner, such as
reviewing the leases concerning the west side. Zemler confirmed Daly and Moffet would
be the only members absent from the February Council meeting.
Town Council Meeting Minutes of January 7, 2014 Page 1
The fourth item on the agenda was the presentation of Vail's renewed status as a Bicycle
Friendly Community as designated by the League of American Bicyclists. Senior Landscape
Architect Gregg Barrie said in 2009 the town was designated as a bronze level bicycle friendly
community and the designation was good for four ye rs. This year we applied again and just
recently heard the town was not only renewed as a bicycle friendly community, but has now
been designated as a silver level bike friendly com unity, which was a nicer complement.
Barrie said the League of American Bicyclist is an organization that was established in 1880.
Their mission is to promote bicycling for fun, fitness and transportation and to work through
advocacy and education for a bicycle friendly America. The organization looks at a community
in five different aspects: engineering, encouragement, enforcement, education and evaluation of
planning. Barrie presented a bicycle friendly sign to council. Daly said this is not a Town
Council award but a town award.
The fifth item on the agenda was the Gore Creek Water Quality Strategic Action Plan
Discussion. Environmental Sustainability Coordinator <risten Bertuglia provided council a short
background on the health of Gore Creek. Bertuglia sa d the Federal Clean Water Act mandates
Colorado Water Quality Standards to be Jrinkable, fishable, swimmable, navigable
or agricultural. In 2011, the Colorado Department of ublic Health and Environment (CDPHE)
included Gore Creek, from Black Gore Creek to the E agle River (Dow Junction), to Colorado's
Section 303d list for impaired waters for aquatic life. Eertuglia said the aquatic life use is based
on the Multi-metric Index (MMI), which is a methodo ogy for determining the health of a river
using aquatic bug population characteristics. Failing, bug scores are affecting the long-term
health of Gore Creek and may decrease the trout population that depends on them. Bertuglia
said since 2011 the town has taken many steps towa d improving the health of Gore Creek by
homeowner education, stream tract compliance, str am bank restoration programs, no foliar
spraying within 75' of Gore Creek and staff has; created a Gore Creek Water Quality
Improvement Plan (WQIP). Bertuglia said the primary purpose of the Gore Creek WQIP was to
define actions needed to improve biological health n Gore Creek to achieve attainment of
aquatic life use and to guide the planning and implementation of those actions. Bertuglia stated
there are three general causes for the decline in water quality in Gore Creek: degradation of the
riparian buffer and stream bank habitat; impacts of impervious cover and urban runoff; and
pollutants associated with land use activities and urban runoff. Bertuglia asked for council's
thoughts concerning the draft purpose statement that would assist in developing the action
plans. Daly said the purpose statement needs to be a broad statement that looks at the issues
and results in a plan to allow long term health of Gor Creek. Daly asked if this plan will assist
in a comprehensive plan and Bertuglia responded yes, with goals and objectives. Rogers
agreed with the purpose statement. Bertuglia asked if council supported the three goals listed:
restore the aquatic insect population to exceed the minimum standard set by CDPHE according
to the MMI score within the allotted 10 -year time frame; ensure Gore Creek water chemistry
meets or exceeds regulatory standards; and toe sure sediment loads meet or exceed
regulatory standards. Rogers would like to see results in a shorter amount of time than ten
years and asked if that is feasible. Bertuglia stated some of these changes will take time, but
staff will look into the feasibility and get back to counci with that information. Eagle River Water
and Sanitation District (ERWSD) Lynne Brooks remi ded council the CDPHE may have time
criteria that will also become a factor. Daly aske Brooks if ERWSD has experience in
managing storm water, to which she responded curre tly no, although state statutes do allow for
it. ERWSD is considering it for the new Wolcott projeo. Kurz said managing storm water is not
a cheap project or quick fix. Bertuglia asked council if council supported the three objectives
listed in the draft WQIP: restore and improve riparian buffer and stream habitat; reduce impacts
Town Council Meeting Minutes of January 7, 2014 Page 2
of impervious cover; and reduce pollutants associated with land use activities. Moffet asked if
staff was comfortable with the word "reduce" instead of having a percentage or an amount of
pollutants. Bertuglia said it would be difficult but some hing staff will look into. Daly asked what
the next steps were after requesting residents to get out of the stream tracts because their
flowerbeds and lawns are detrimental to the health of Gore Creek. Daly asked if the next steps
are planting willows. Bertuglia said staff is already working with homeowners in those areas to
restore the banks with native plants. Senior Landscape Architect Gregg Barrie said that tonight
staff wants to have a strategic action plan to use as 3 guidebook. Daly said one of the action
plans is going into East Vail to meet with residents aid review how the plan is going to affect
them. Moffet agrees with Daly about the citizen outreach and education with East Vail residents.
Daly said this needs to be the highest priority. Bugby sked for the scientific procedures on how
this was identified, days, hours of testing. Brooks sai J testing started in 2008 and the ERWSD
volunteered to provide this data to the state for their r view process of changing rules. She also
said the rules applied to the Front Range should be c ifferent to the rules applied to cold alpine
water streams. ERWSD tested the river all the way Jown to Edwards and used the methods
regulated by the state. Brooks added the science is very well done. Bugby requested to see
these reports and Brooks said she would be happy to share those reports with him. Barrie
reviewed the tasks for developing an action plan such as compiling a list of actions, establishing
priorities, evaluating tasks, schedules, responsibilities and resources required and implementing
as appropriate. The action steps included three levels: Level 1: over the next six months, Level
2: three to twelve months and Level 3: six to eighteen (months. Bertuglia said there would be an
RFP sent out for marketing and an educational campa gn. Daly asked homeowners be included
in committees. Bugby asked if staff needs to start loo ing at ordinances with fines and penalties
to give teeth to some of these actions. Carberry saic the town code currently covers many of
these actions, but the town can get more detailed. Kurz said the town is on the right approach
and encourages staff to work with ERWSD staff be use there is tremendous knowledge and
background with ERWSD and we can work together. IDaly said it's a big and exciting plan and
finally putting some meat on the bone. Daly gave kud s to staff on their efforts. Daly asked for
public comment. Eagle County resident Rick Sacker would like the town to engage the
county in this dialog because one side of the stream ight be considered town where the other
side of the stream is county. Diane Johnson, public affairs and communication director for
ERWSD, complemented town staff on this manageable plan. Eric Perkins, advocate for fly
fisherman, was very happy with what he was hearing. Rogers encouraged Perkins to be part of
this committee.
The sixth item on the agenda was the first reading hof Ordinance No. 1, Series of 2014, An
Ordinance Extending the Temporary Ban on MarijuanE Establishments in the Town, Pursuant to
the Newly Enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64).
Moffet made a motion to approve Ordinance No. 1 on first reading with a second from Kurz.
With no further comments from council or the public, tt e motion was approved unanimously 7-0.
The seventh item on the agenda was the first readin
Ordinance Repealing Section 1-4-1C of the Vail Towr
of the Vail Town Code, Concerning Restitution in N
approve Ordinance No. 2 on first reading with a se
Carberry stated Municipal Judge Buck Allen request
allow the judge to order restitution in municipal court
present at the January 21 town council meeting for tho
was no further comment from the council or the public
of Ordinance No. 2, Series of 2014, An
Code and Enacting a New Section 1-4-4
inicipal Court. Moffet made a motion to
and from Kurz. Town attorney Kendra
d this ordinance. The ordinance would
Daly requested the municipal judge be
second reading of this ordinance. There
The motion passed unanimously 7-0.
Town Council Meeting Minutes of January 7, 2014 1 Page 3
so
The eighth item on the agenda was the first reading of Ordinance No. 3, Series of 2014, An
Ordinance Amending Section 6-36-2 of the Vail Town ode Regarding the Jurisdictional Limit of
Larceny Offenses on the Town. Moffet made a motior to pass Ordinance No. 3 on first reading
with a second from Kurz. Town Attorney Kendra Carberry stated Ordinance No. 3 reflects the
changes made in the state statutes concerning la ceny offenses. There was no further
comment from the council or the public. The motion w s approved unanimously 7-0.
The ninth item on the agenda was the Adjournment
Kurz made a motion to adjourn with a second from I
and Council adjourned at 7:27 p.m.
Attest:
Res
being no further business,
The motion passed unanimously 7-0
Submitted,
Andrew P Daly,
0-ammy NAel, A To Clerk
Town Council Meeting Minutes of January 7, 2014 Page 4
Vail Town Council Meeting Minutes
Tuesday, January 21, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present:
Absent
Andy Daly' Mayor
Margaret Rogers
Greg Moff t
Jenn Brun
Dave Cha in
Dale Bua v
Ludwig
Staff members: Stan Zeml r, Town Manager
Kendra Cz rberry, Town Attorney
Pam Bran meyer, Assistant Town Manager
Tammy Nagel, Acting Town Clerk
The first item on the agenda was a thank you to formr Council Member Susie Tjossem for her
service. Daly thanked Tjossem for her four year ded cation to the council. Daly spoke about
Tjossem's assistance in the coordination of the Va I Local Marketing District (VLMD) and
Commission on Special Events (CSE).
The second item on the agenda was Citizen Pa icipation. Jonathan Levine, owner of
Hummers for Vail, expressed his concerns regarding the transportation ordinance and
suggested having a conversation with all businesses that are being affected. Levine stated the
problem was more logistics and by having more involvement from the stakeholders, a solution
could be found. Daly thanked Levine for his ideas and constructive tone.
The third item on the agenda was the Consent Agenda
1) Tier IV Allocations memorandum and recor
Events (CSE) Chair Barry Davis asked if couni
IV allocations that were discussed in the memo
additional $90,000 in funding helped the event,,
those events still have occurred without the a
those events would still have happened. Moffe
allocations for a few of reasons: he did not a
because most of the events were primarily occ
have happened without the additional funding;
general. The biggest issue was not the ev(
Beaver Creek. Bruno reminded council that 1
council, but she also agreed more of the Vail (
mendations. Commission on Special
I had any questions concerning the Tier
andum. Moffet asked Davis if having the
discussed in the memorandum or would
Iditional funding. Davis responded that
commented he would not support these
ree with the Vail Global Energy Forum
rring in Beaver Creek; the events would
and that he did not agree with Tier IV in
its happening in Vail but happening in
e CSE acted as they were directed by
lobal Energy Forum needs to happen in
Town Council Meeting Minutes of January 21, 2014 1 Page 1
Vail. Rogers made a motion to approve CSE�s Tire IV allocation with a second from
Bruno. The motion passed 5-1 (Moffet opposeo).
The fourth item on the agenda was the Town Manage s Report.
1) Town Council/Town Manager Goals. Town Manager Stan Zemler reviewed the council's
three goals: enhance economic vitality, grow a balanced community and elevate the
quality of the experience that council established at their retreat in December. Zemler
suggested scheduling a study session over the next several months to bring clarity to
tactics council had identified, such as expandi g air services into Eagle County Airport
and a practical housing policy. Zemler added Vail Resorts will be added to the list of
partners. Moffet did not think scheduling mee ings on the council's off Tuesdays would
be pratical for town staff. Zemler reviewed the 2014 Town of Vail Projects list. Daly said
public outreach had to be a high priority in the work plan. Daly asked for public
comment and there was none.
The fifth item on the agenda was the 1-70 Vail Underp
ss Project Update. Town Engineer Tom
Kassmel reviewed the history concerning the 1-70 Vail
underpass. Kassmel explained the Main
Vail and West Vail interchanges are the primary access
points to and from the town from 1-70
and are also the only locations for vehicles to cross
1-70 for several miles. During times of
severe congestion, existing traffic at Main Vail and West
Vail sometimes backs up onto 1-70,
which presents operational and safety problems on 1-70.
Kassmel informed council the 1-70 Vail
underpass will reduce congestion at the Main Vai
and West Vail interchanges; improve
connectivity in the community; improve emergen
y response; enhance efficiency and
connectivity; improve traffic safety; and enhance economic
vitality. Moffet asked if the project
will extend the life to the roundabouts and Kassmel
responded yes. Kassmel staid eight
locations were studied: Donovan Park, Post Office overpass,
Cascade single roundabout, East
Cascade Village, Simba perpendicular, Simba skewed,
Lions Ridge Loop and North Frontage
Road, Red Sandstone and east Ever Vail. The Donovan
location would require substantial
lowering of the North Frontage Road exceeding acceptable
grades; significant right-of-way
(ROW) impacts to the Roost lodge property and its approved
future development plan on the
north side and two private homes in the southwest side
and the location does not improve the
safety of the pedestrian crossing. The Post Office location
required lowering both east and west
bound 1-70 10-18 feet, require raising the frontage
roads and would require an overpass
structure and retaining walls resulting in an increase
in the cost of the project to $30 million.
The Cascade single location would require lowering both
east and west bound 1-70. This would
require very large structures and significant retaining
walls, which would result in the project
costs to increase to $40 million. The Vail Cascade at
Westhaven Drive location would require
lowering the north and south frontage roads; lowering
Westhaven Drive access by 19 feet; and
would have significant ROW impacts on the Lift Side
Condominiums, impacts to the Cascade
Resort Conference Center and impacts to the Timbe
Ridge Apartments. The East Cascade
Village location required lowering the North Frontage
Road by 19 feet and the South Frontage
Road 17 feet; a substantial retaining wall on the south
side of the crossing to avoid impacting
the regional/ski trail; and significant impact to the RO
at the Timber Ridge Apartment complex.
The Simba perpendicular location required the North Frontage
Road to be lowered 18 feet and
the South Frontage Road would be lowered 13 feet;
had minimal ROW impacts on the south
side and ROW impacts to the north side, but did not iryipact
any structures. Kassmel stated this
location provided good service to transit activity centers.
The Simba skewed location provided
an area where both the north and south frontage roads
are below 1-70 and minimized the need
for retaining walls on the south side; minimal ROW impacts
in the south side; and good services
Town Council Meeting Minutes of January 21, 2014 Page 2
to transit activity centers. The Lions Ridge Loop and orth Frontage Road intersection required
lowering the North Frontage Road by 29 feet; impacted Lions Ridge Loop and private drives
requiring unacceptable grades to mitigate access; impacted Red Sandstone Creek; and was not
compatible with the South Frontage Road or the app oved future Ever Vail development plan.
The Red Sandstone location required lowering the North Frontage Road by 30 feet; had
significant ROW impacts to a private home and to the Red Sandstone Road; and was not
compatible with the South Frontage Road or the app oved future Ever Vail development plan.
The East Ever Vail location directly impacted Red Sandstone Park, a federally protected
property; required raising eastbound 1-70 at least 1E feet and lowering the north and south
frontage roads by 23 feet and 12 feet respectively; and the location did not provide good
bike/pedestrian or transit access to the future plannec Ever Vail development. After reviewing
the locations with council, Kassmel stated that on a traffic and safety standpoint, it is best to go
with the Simba locations. The Public Works department has hosted several open houses and
received public input acknowledging the need and SL pported the project. Citizens wanted to
understand more about how the noise, lighting, E it quality and aesthetics would affect
neighboring properties and how they would be mitiga ed. Kassmel said there would be more
public open houses and several town council updates in 2014. Bugby asked how the bike path
on the north recreation trail would be affected and Ka smel responded it would continue to be
maintained. Rogers asked if staff had met with Sim:)a Run and Savoy Villas homeowners.
Kassmel said staff had started to meet with the owners and would soon be developing a
committee with homeowners and property managers. Rogers asked if the project would need a
majority or unanimous vote from the homeowners boai d to move forward at the Simba location.
Farrow Hitt, Simba Run General Manager, stated f a was hoping to get a full consensus
Additionally, Hitt stated he would look to see if there is a majority or super majority vote needed.
Bob Lewellyn, representing the Savoy Villas Homeowners Association, thought staff has done a
great job meeting with the homeowners and showing the impacts, but suggested the 1-70
underpass be part of the Timber Ridge project. Hitt requested that Simba Run be represented
on the Underpass Project Leadership Team. Hitt a1sc stated several Simba Run owners have
expressed to him that they would like the project tc be located at Timber Ridge since the
property is owned by the town. Daly asked if council had any questions. Bugby expressed the
project would be good in the long run with the ability to walk to the slopes and should add value
to the properties. Daly encouraged citizens to get involved in the process. Kassmel asked
council if staff should look at the Timber Ridge locati n again as a possibility. Town Manager
Stan Zemler said the 1-70 Underpass would affect the Timber Ridge redevelopment project
which is scheduled to start construction May 1. Micha I Cacioppo, Eagle County resident, said
he would like to see the underpass built as soon as possible and agreed that property values
would go up with it being walking distance to Ever Vail. Daly asked council if all members
agreed to direct staff to reconsider Timber Ridge as a possible location for the 1-70 Underpass.
The direction failed by a vote 3-3 (Bruno, Rogers, Daly in support).
The sixth item on the agenda was Resolution No. 3, Series of 2014, A Resolution Approving
the Transfer of Ownership of the Timber Ridge Property From the Timber Ridge Affordable
Housing Corporation to the Town of Vail. Communily Development Director George Ruther
informed council staff would be meeting with the developer on the 31" of January to address
liability concerns and for execution of the quit claim deed. Moffet made a motion to pass
Resolution No. 3 with a second from Bugby. There as no public comment and the motion
passed unanimously 6-0.
Town Council Meeting Minutes of January 21, 2014 1 Page 3
The seventh item on the agenda was the first readi
Ordinance Creating the Timber Ridge Enterprise I
Making Budget Adjustments to the Timber Ridge E
Town of Vail, Colorado; and Authorizing the said Ad
for Details in Regard Thereto. Finance Director
necessary to continue the operations of Timber Ridc
town. Moffet made a motion to pass Ordinance No. 4
There was no public comment. The motion passed ui
The eighth item on the agenda was the second readir
Ordinance Extending the Temporary Ban on Marijuana
the Newly Enacted Section 16 of Article XVIII of the
Moffet made a motion to pass Ordinance No. 1 on se
Moffet clarified the moratorium on the temporary bar
effect until July 31, 2014, which allows time for staff tc
these establishments in Vail. Zemler said staff wou
March to have a discussion on what other communitie
64. Daly asked for public comment. Michael Caci
council for slowing down on a decision concerning thi
no to these types of establishments in town limits. TI
motion passed unanimously 6-0.
I of Ordinance No. 4, Series of 2014, An
nd of the Town of Vail, Colorado; and
Drprise Fund of the 2014 Budget for the
stments as Set Forth Herein and Setting
dy Camp explained this ordinance was
after the deed is transferred back to the
n first reading with a second from Bugby.
nimously 6-0.
3 of Ordinance No. 1, Series of 2014, An
Establishments in the Town, Pursuant to
Colorado Constitution (Amendment 64).
;ond reading with a second from Bugby.
on marijuana establishments will be in
investigate the pros and cons of having
d come back at the second meeting in
> in the state are doing with Amendment
ippo, eagle county resident, applauded
matter. Cacioppo hoped Vail would say
ere was no further public comment. The
The ninth item on the agenda was the second readin of Ordinance No. 2, Series of 2014, An
Ordinance Repealing Section 1-4-1.0 of the Vail Town Code and Enacting a New Section 1-4-4
of the Vail Town Code, Concerning Restitution in Muni ipal Court. Municipal Court Judge Buck
Allen explained this ordinance took the municipal court out of the civil side of restitution when
both parties of a disturbance receive summons to a crime where property or bodily injury had
occurred. Moffet made a motion to pass Ordinance N . 2 on second reading with a second by
Rogers. There was no public comment. The motion pa ses unanimously 6-0.
The Tenth item on the agenda was the second readin of Ordinance No. 3, Series of 2014, An
Ordinance Amending Section 6-3B-2 of the Vail Town Code Regarding the Jurisdictional Limit of
Larceny Offenses on the Town. Moffet made a motion to pass Ordinance No. 3 on second
reading with a second by Rogers. There was no public comment. The motion passed
unanimously 6-0.
The eleventh item on the agenda was the Adjournmen . There being no further business,
Moffet made a motion to adjourn with a second from ugby. The motion passed unanimously
6-0 and Council adjourned at 8:31 p.m.
ubmitted,
Attest: v
O W/y ew P. D ayor
•% G
Ti(mmy N el, A ting To r •
Town Council Meeting MinutesMN41150
r 21, 2014
Page 4
Vail Town Council Meeting Minutes
Tuesday, February 4, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was
Mayor Andy Daly.
Members present:
Absent:
to order at approximately 6:00 P.M. by
Ludwig Ku , Mayor Pro Tem
Margaret Rogers
Jenn Brun
Dave Chapin
Dale Bugby
Andy Daly
Greg Mofff
Staff members: Stan Zeml r, Town Manager
Matt Mire, own Attorney
Pam Bran meyer, Assistant Town Manager
Tammy N gel, Acting Town Clerk
The first item on the agenda was recognition of Buck lien's 35 year anniversary with the town
on February 13, 2014. Kurz presented Judge Allen with a plaque thanking him for his 35 years
of service as the town's municipal judge. Allen was 29 years old when he was appointed as the
town judge. Allen thanked the 1979 town council members for having faith in making him the
judge.
The second item on the agenda was Citizen Participotion. There was no citizen participation.
Ludwig welcomed Vail Cub Scout Troop 231 who lwas in the audience working on their
Citizenship merit badge.
The third item on the agenda was the Consent Agenda:
1) Approval of January 7 and January 21 meeting minutes. Bugby made a motion to
approve the January 7 meeting minutes with a second from Rogers. The motion
passed unanimously 5-0. Bugby made a motion to approve January 21 meeting
minutes with a second from Chapin. Them tion passed unanimously 5-0.
The fourth item on the agenda was the Town Manag is Report. Town Manager Stan Zemler
asked council to confirm proposed dates to visit Park C ty on April 3 and 4 and October 9 and 10
to visit Aspen. Council agreed to confirm dates wit Zemler before the February 21 town
council meeting.
The fifth item on the agenda was the Betty Ford Alpine Garden Foundation requesting
permission to proceed through the town's developme t review process with an application to
construct an education center in Gerald R. Ford Park. Community Development Director
George Ruther explained the Ford Park Master Plan identified the site of the proposed facility
Town Council Meeting Minutes of February 4, 2014 1 Page 1
along west Betty Ford Way, just northwest of the play
and program will be consistent with the approved 201
motion to allow Betty Ford Alpine Garden Foundatic
second from Chapin. Ludwig reminded Betty Ford p
approval to proceed through the process, but not ap
unanimously 5-0.
round. The education center design, size
Ford Park Master Plan. Rogers made a
to proceed through the process with a
gine Garden Foundation that this was an
oval of the project. The motion passed
The sixth item on the agenda was the second readinC of Ordinance No. 4, Series of 2014, An
Ordinance Creating the Timber Ridge Enterprise Funi I of the Town of Vail, Colorado; Making
Budget Adjustments to the Timber Ridge Enterprise Fand of the 2014 Budget for the Town of
Vail, Colorado; Authorizing the said Adjustment as Set orth Herein; and Setting Forth Details in
Regard Thereto. Director of Financing Judy Camp st ed there were no changes made to the
ordinance since the first reading. Rogers made a otion to approve Ordinance No. 4 on
second reading with a second from Bruno. The motionj passed unanimously 5-0.
The seventh item on the agenda was the Road to 2 15 Incentive Program. George Ruther
stated the purpose of the 2015 incentive program was to provide financial incentive to
commercial building owners and their tenants to cc mplete certain functional and aesthetic
exterior and interior building improvements within anc around Vail Village, Lionshead and the
East and West Vail retail areas. These eli 3ible projects include painting, sign
repair/replacement, awning repair/replacement, landscape improvements, deck improvements,
etc. The goal of the incentive program was to maintain and enhance the pedestrian experience;
provide comfortable and attractive places to shop and eat; and to make a first and lasting
positive impression of Vail during the 2015 World Alpine Ski Championships. The incentives
would include a refund on planning application fees, building permit application and plan review
fees and would expedite the application and plan rev ew for permits submitted after March 1,
2014. Rogers hoped businesses would take advantage of this program. Chapin asked if there
was a limit on how many permits could be pulled by a business to take advantage of the
incentive program. Ruther responded there was no limit. Council instructed Ruther to go
forward with the Road to 2015 Incentive Program.
The eighth item on the agenda was the Vail construc ion update. Public Works Director Greg
Hall stated the town would be impacted by a significan number of large construction projects in
2014. Many of the most impactful projects are alonj I the North and South Frontage Roads.
Starting in April, on the North Frontage Road from Ci y Market to Main Vail and on the South
Frontage Road from the Donovan Pavilion to Cascade the road shoulders will be widened by 6
feet for bike lanes. The Colorado Department of Transportation (CDOT) provided the town with
$100,000 for water quality vaults that will be scheduled to be constructed in April — June on the
South Frontage Road from West Vail to the Donovz n Pavilion. Staff is preparing to update
council at the February 18 Town Council meeting concerning the South Frontage Road
medians, which will be located from the Lionshead PE rking structure to Vail Spa. The median
project will begin in April and will be financed with Tax Increment Financing (TIF) dollars. Staff
is planning on having these projects completed by June so CDOT can begin 11 miles of asphalt
overlay on all Frontage Roads from July to October. Chief Engineer Tom Kassmel told council
the WiFi/4G Das project that started last fall would be completed in June. Kassmel stated 7 of
the 23 nodes have currently been installed. Rogers a ked if the internet service would be town
wide in time for the 2015 World Championships. Kas mel responded that was the plan. Town
Manager Stan Zemler said he would arrange for Ron raden, Information Technology Director,
to update council on February 18 concerning inter*t and 4G services. Kurz asked how
Town Council Meeting Minutes of February 4, 2014 1 Page 2
important were the Lionshead medians on the Frontal
more of an aesthetic improvement. Rogers asked
scheduled to complement each other to allow use o
under construction. Kassmel said it would depend
confirmation that the construction would not interfere w
council that staff planned to communicate possib
homeowners through the town's construction news
meetings and weekly neighborhood meetings starting ii
The ninth item on the agenda was Vail 21 Encroachn
The Vail 21 Property located at 610 West Lionshew
that included minor airspace encroachments into
requested permission to proceed through the Desic
Council, enter into revocable permit agreement with i
Community Development Planner Jonathan Spence
constructed in 1972 as a mixed-use property wh
condominiums with commercial spaces on the base
Homeowners Association proposed an exterior remoc
windows, doors, railings, etc. Will Hentschel, with 3
permission for three levels of air space encroachment
trellis at the eastern entry of Vail Sports; 2. a 0-2' ani
south eastern storefront of Vail Sports Performance I
retail entry trellis, which is currently located at the
Hathaway. Rogers requested substantial landscaping
for public benefit. Town Attorney Matt Mire remind
approval to go through the process and not approval
allow the applicant to proceed through the develop
encroachments with a second from Chapin. The moti<
e. Kassmel responded the project was
the Frontage Road projects could be
the other Frontage Road while one is
on the contractor. Chapin requested
:h the GoPro Games. Kassmel informed
construction delays to guests and
and by hosting construction kick off
spring. There was no public input.
.nt, permission to precede, DRB130567.
Circle proposed building improvements
own of Vail property. The applicant
Review Process and if acceptable to
e Town of Vail for said encroachments.
,aid the Vail 21 property was originally
:h consists currently of 21 residential
lent and first floor levels. The Vail 21
1 and updating of the structure with new
9 Design, addressed council requesting
: 1. a 5'x3' portion of a larger retail entry
2'-6"x12' retail sunshade element at the
entals; and 3. resurface of the stair and
DID step of the retail stairs at Birkshire
ind art work to be added to the property
d council the action requested was for
f the project. Rogers made a motion to
lent review process with the proposed
i passed unanimously 5-0.
The tenth item on the agenda was commercial sk storage/private ski clubs. Community
Development Planner Jonathan Spence returned to council with responses to their questions
they had during the January 7 work session commercial ski storage/private clubs presentation.
At that meeting council requested additional information concerning sales tax generation; a
better understanding of the varieties of ski storage/private ski clubs in operation; and recognized
seasonality and its impacts on the guest experience, commercial vibrancy, village vitality and
sales tax collections as a concern. Spence said the Community Development Department with
the assistance of the Finance Department has put together average sales tax generations per
square foot based on an analysis of 7 restaurants located in either Vail Village or Lionshead.
The average sales tax generation per square foot on a yearly basis was $17.00. For a
restaurant of 2300 square feet the yearly generated sales tax was $39,100. Staff also analyzed
the sales tax generation numbers for 3 ski storage/ski clubs establishments also located in Vail
Village or Lionshead. The average sales tax generated per square foot on a yearly basis is
$2.29. For an operation of 2300 square feet; the yea ly generated sales tax would be $5,267.
Spence stated for potential displacement of office uses there have been comprehensive studies
or tracking of office space in Vail Village or in Lionshead in recent years. Spence spoke with
Mike Pearson, President and Managing Broker of NAI Mountain Commercial, who believed
there was neither an unmet need nor a situation of ex ess in relation to office space and he did
not anticipate a displacement related to more location I user's who needed a close proximity to
the ski edge for their operations. In response to co ncil's questions concerning a variety of
Town Council Meeting Minutes of February 4, 2014
Page 3
uses and use seasonality, Spence referred to a classi kation of commercial ski storage/private
ski clubs graph that was provided to council in their packets. Spence said he met with 9 ski
storage operators and what he found was there were different types of ski storage/private ski
clubs: traditional ski storage, private ski club, concier a hotel service, overnight slopeside ski
storage and a remote community ski club. Each classif cation had its own attributes and impacts
such as customer base, level of staffing, storage location, affiliations, valet, seasonality,
demand, additional amenities and fee structure. Dominick Mauriello, representing property
owner Rick Mueller, agreed with the staff analysis. aureillo said location was an issue and
guests want locker facilities close to the base of the mountain. The older generation and young
families with kids do not want to lug their equipment from the parking structures through the
village. Mauriello suggested that rather than reservi g the second floor units located at the
base of the mountain for office/retail uses; use those s aces for more of what the demands are.
Mauriello went onto suggest that his client's Vista Bah i building was in a prime location for that
type of service rather than being a prime location for a restaurant, for example. Chapin said the
locker rooms that were being discussed sound to be more like a private club and will not
improve guest experience for all. Additionally, Chapin disagreed with Mauriello that a second
floor restaurant could not be successful in that building. Rogers asked if a private club was
being proposed to go into that space. Mauriello stated it was a public locker facility with
showers. Some lockers might be leased by hotels for their guests to use. Mauriello said there
would be a loyalty created where guests will stay in thE village longer to shop and dine because
they had a locker to keep their ski gear in rather than I igging it to their cars. Rogers stated she
was leaning towards making the change to the core use because the demands have changed.
Kurz agreed the demand and needs are changing, but he did not agree with making changes
based on one application. Bruno confirmed with Spence that there still were lockers available in
Vail Village and in Liuonshead with the current cleme nd. Bruno cautioned there could be an
easy way out for a second floor building and the towr might end up with a lot of ski storage if
council is not careful. Rogers said this is why she is in favor of a conditional use and not just
permitting it outright. Rogers explained the Planninc and Environmental Commission (PEC)
would develop guidelines for that type of use. To n Manager Stan Zemler confirmed that
council was interested in allowing this type of use on second floors with guidelines in a
managed format. Spence will draft guidelines to present to the PEC and will return to council in
two weeks. Community Director George Ruther stated he believed he understood council and
that there was a desire to make changes to the policy concerning the ski storage business, but
council wanted staff to keep in mind the impacts on the town's direct and indirect sales tax
collection, the seasonality uses and for staff to look ir to the policies of the other uses that are
currently being allowed so to not displace those currer t uses. Ruther said staff would go to the
PEC with options for their consideration and return to council with the PEC's recommendation
on March 4. Kurz asked for public comment. Tom Ne ens, Ski Valet, said second floor owners
will think this will be easy money and there would bE a flood of lockers. Neyens said below
ground level space works for a locker facility, not sei nd floor units. Gwen Scalpello agreed
with Neyens. Scalpello was additionally concerned that ski lockers could not produce year round
use. Rogers asked for staff to provide an update to cou cil on February18.
The eleventh item on the agenda was the first readin of Ordinance No. 5, Series of 2014, An
Ordinance Amending Section 6-3C06 of the Vail Towr Code to Reconcile the Town Code with
C.R.S § 18-18-406 Concerning Penalties for the Pos ession and Open and Public Display or
Consumption of Marijuana. Town Attorney Matt Mire re luested council not to take any action on
this ordinance at this time so that he may talk to both the town police department and the
municipal courts concerning these penalties.
Town Council Meeting Minutes of February 4, 2014
Page 4
The twelfth item on the agenda was the Wall Street Appeal of Design Review Board (DRB)
Decision. An appeal pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision
of the DRB on December 18, 2013, approving, with conditions, a commercial addition and
exterior alterations to the facade to the Wall Street Building, located at 225 Wall Street/Lot BBC,
Block 5C, Vail Village Filing 1, and setting forth details in regard thereto (DRB130552). Rogers
made a motion to continue the appeal to the Februa 18, 2014, Town Council meeting with a
second from Bruno. The motion passed 4-0-1 (Chapinj recused himself).
The thirteenth item on the agenda was the Adjournm nt. There being no further business,
Bugby made a motion to adjourn with a second fromhapin. The motion passed unanimously
5-0. Council adjourned at 8:09 p.m.
A
Attest: ` """ ✓;L
Tabmv NagBl. Actirm T
Ludwig Kurz, Mayor Pto Tem
Town Council Meeting Minutes of February 4, 2014 1 Page 5
Vail Town Council Meeting Minutes
Tuesday, February 18, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was cal
Mayor Andy Daly.
to order at approximately 6:00 P.M. by
Members present: Andy Daly Mayor
Ludwig Kurz
Margaret Rogers
Greg Moff t
Jenn Brun
Dave Cha in
Dale Bug y
Staff members: Stan Zeml r, Town Manager
Kendra CE rberry, Town Attorney
Pam Bran meyer, Assistant Town Manager
Tammy N gel, Acting Town Clerk
The first item on the agenda was recognition of T wn of Vail Fire Department emergency
respondents. Daly thanked the Vail Fire Department for their hard work, dedication and
expertise. Mark Miller, Fire Chief, stated it had been a busy winter with several accidents on
Vail Pass. Miller thanked the Eagle River Fire District and the Vail Mountain Rescue, as well as
Vail Dispatch for their assistance with the an accident Ihat occurred over the past weekend.
The second item on the agenda was Citizen Participation. There was none.
The third item on the agenda was the Consent Agend 3.
1) Award of contract to Old Castle SW Group dt a United Companies of Mesa County for
the Frontage Roads Shoulder. Moffet made a motion to direct the Town Manager to
enter into an agreement with Old Castle S Group with a second by Rogers. The
motion passed unanimously 7-0.
The fourth item on the agenda was the Town Manager's Report. There was none.
The fifth item on the agenda was the 1-70 Vail Under
Kassmel reminded council that staff presented a rev
progress along with ten possible locations for the ur
meeting. Staff indicated the preferred location was
located the north roundabout between the Simba F
along the North Frontage Road, and located the soutl
building along the South Frontage Road, similar to
master plans had identified. Based on public input
design team had now refined location 5b and includ(
just east and one just west of the preferred location.
Town Council Meeting Minutes of February 18, 2014
)ass Project Update. Chief Engineer Tom
�w of the 1-70 Underpass Project and its
ierpass at the January 21, 2014 Council
location 5b, a skewed alignment which
un Condominiums and the Savoy Villas
roundabout west of the Glen Lyon Office
the location that previous transportation
id discussion with the Town Council, the
J two additional locations for review; one
The refined location 5b had evolved into
Page 1
location 5c. The two additional locations have b en identified as locations 4b and 5d
respectively. Based on the design team's review of the three refined locations, Kassmel stated
the preferred location was 5c. Rick Erjavec, design consultant for Felsburg, Holt & Ullevig,
explained to council that each location included round abouts on both the north and south sides
of the interstate in order to accommodate the tra is at the proposed new intersections.
Roundabouts have been identified as the recommen Jed traffic solution for each intersection
because both a typical and modified 'T' intersection failed operationally during existing and
future expected traffic conditions. Erjavec stated it g 3ve those intersection a service level F.
Daly said the council would not like anything below a level C as a resort community and with
snow operations a level D. Kassmel reviewed all possi le 1-70 underpass locations with council.
Kassmel said location 5c, Simba West Skewed Alignry ent, was recommended as the preferred
location for the following reasons: 1. even though tt is was the recommended location, this
location would have similar aesthetic, visual, noise, air quality and lighting impacts as locations
4b & 5d that would have to be analyzed and potential) mitigated; 2. this location minimized the
need for retaining walls on the south side and had the potential for the least height of retaining
walls on the north side; 3. minimal to no private property impacts on the south side; 4. no
impacts to any existing or planned buildings or parki g; however it did require acquisition of
Simba Run property on north side of 1-70 in an area that is currently green space; and 5. the
North Frontage Road would have to be lowered 14 feet and the South Frontage Road would
have to be lowered 11 feet. Kassmel went onto say as the project progressed public input
would be taken continuously through the project website at www.vailpov.com/underpass and
through specific stakeholders meetings and correspo dence. Daly asked for public comment.
Bob Llewellyn, representing Savoy Villas Homeowners Association, suggested minimizing the
impact to Savoy Villas and Simba Run the town builds berms and plant large trees, sound walls
made with stone siding to assist with the impacts Kassmel had listed. William Pierce, property
owner at Simba Run felt the best location was still location 4b, East Cascade Village. Pierce
said the goals should be to minimize the impact over c, tructures that currently are there. Charlie
Calcaterra, representative of the Simba Run Homeowner's Association, said the roundabout
would be 50 feet from Simba Run units and the impact would be big to those units. Calcaterra
requested clarification as to why stop signs would 't work. Rogers asked Kassmel if the
roundabout would be significantly below the grade so those units would not get the car lights,
sounds and smell. Kassmel responded there wou d be trees to block the view of the
roundabout; berms would be built to bring the grade up so the units on the lower level would not
have those issues. The upper level units in Simba Run would look onto the underpass. Bob
Llewellyn requested council schedule site visits prior to making a choice on location. Llewellyn
and Calcaterra offered council access to units that would be impacted. There was no further
public or council comment. Rogers asked if the proposed footprint of the roundabout was as
small as it could be. Kassmel stated there were criteria that needed to be met but staff would
shrink that foot print as much as possible once a site had been chosen. Daly asked for Kassmel
to share traffic numbers at the March 4 council meeting. Kurz thanked the public for their
thoughtful input and thanked them for a productive meeting. Town Manager Stan Zemler asked
Kassmel to present the projected traffic volume in 10 year increments and a phased plan for
roundabouts
The sixth item on the agenda was an appeal, pursua t to Section 12-3-3, Appeals, Vail Town
Code, of the final decision of the Town of Vail Design
Review Board on December 18, 2013,
approving, with conditions, a commercial addition and
exterior alterations to the facade of the
Wall Street Building, located at 225 Wall Street/Lots
&C, Block 5C, Vail Village Filing 1, and
setting forth details in regard thereto (DRB130552). Chapin
recused himself from this agenda
Town Council Meeting Minutes of February 18, 2014 1 Page 2
item because he had a property interest concernin
this discussion. Chief Planner Warren
Campbell provided council the background for this pr 'ect. On May 13, 2013, the Planning and
Environmental Commission (PEC) unanimously approved, with conditions, a request to allow for
the construction of additions in excess of the prescribed
site coverage. By a vote of 3-2 (Pierce
and Bird opposed) the PEC approved with conc itions the major exterior alteration or
modification to allow for the construction of additions
3t the Wall Street Building. This approval
was unanimously upheld by the council on July 2, 2
13. On December 18, 2013, the Design
Review Board (DRB) approved, with conditions, a commercial
addition and exterior alterations
to the fagade to the Wall Street Building. The condition
3 applied to the approval were as follows:
1. In conjunction with the building permit submittal, the
applicant shall include plans depicting
the flower boxes on the third floor balcony railings as
presented at the public hearing. 2. In
conjunction with the building permit submittal, the ar
plicant shall include plans depicting the
incorporation of muntins in the transom windows insta led above the balcony doors on the third
floor. The muntins shall be designed as to create four
equal dimensions panes of glass. 3. In
conjunction with the building permit submittal, the
applicant shall include plans which
incorporate the transom window and knee wall des
gn on the first floor commercial space
located on the northeast corner. On January 7, 2014,
he council appealed the DRB's approval
because of a concern with the height of the knee wall
at the base of the folding door system; a
concern with the absence of an exterior deck on tie third floor condominium unit on the
southeast corner; and a concern that the existing secc
nd floor office windows on the southeast
corner should match the new office windows on the
east fagade. Campbell said the plans
approved by the DRB for the storefront of the Americ
n Ski Exchange included a door system
which will fold up allowing for the entirety of the fa9adE
becoming open to the pedestrian street.
This design approach was taken in response to the PE
C requirement that no outdoor display of
goods would be permitted outside of the in -filled comm
Drcial arcade due to the negative impacts
it would have on pedestrian flows on Wall Street. The
knee wall of this accordion door system
was to be 10 inches in height. The Vail Village Design
considerations state that ground floor
display windows are typically raised creating a knee wE
II of 18 inches. In reviewing this element
the DRB took into consideration that the store front
Nas a folding door system which would
allow the interior retail space to become fully open tot the
pedestrian street. There currently is no
deck on the east fagade of the third floor condominium
unit. All existing decks on the structure
are being replaced and would have a consistent wrought iron and planter box design. The
DRB, Jeff Winston, design consultant, and staff did not
find the elevation above the Jewels of
the West commercial space to be in need of an addit
onal design element to contribute to the
overall architectural character and design of the struct
re. The second floor windows above the
Jewels of the West commercial space currently existe
J and were not proposed to be replaced.
The second floor office windows above the commer ial arcade infill had been approved for
replacement per the plan. The DRB, Jeff Winston an
staff did not find that the office windows
above the Jewels of the West commercial space needed
to match the new office windows being
proposed above the commercial arcade. This decision
was made as there was an architectural
approach taken with regard to this structure which was
to create a design that appears to have
been additive over time resulting in appropriate facad
s appearing different, but architecturally
compatible. This architectural approach resulted in
i structure which would appear to have
been in place longer than its actual age. Moffet mov d to uphold the DRB's approval with the
following modifications: the flower boxes have irriga ion systems; 18 inch knee wall will be
installed; and a color change to the east side with a s
cond by Kurz. The motion passed 6-0-1
(Chapin recused).
Town Council Meeting Minutes of February 18, 2014 Page 3
The seventh item on the agenda was the first readinc of Ordinance No. 6, Series of 2014, An
Ordinance Enacting Title 5, Chapter 12, Vail Tiwn Code, "Recycling Requirements."
Environmental Sustainability Coordinator Kristen Berh glia reviewed a powerpoint presentation
with council that was provided in their packets. BertL glia explained that this ordinance would
enact a new chapter in the Vail Town Code requiring recycling in the town and the associated
measures to ensure policy, infrastructure, econom c incentives and education to ensure
maximum waste diversion rate. Daly asked for public comment. Michael Staughton, manager
of the restaurants Los Amigos and Russell's expressad concern there are some areas in the
Village and in Lionshead that do not have the ability to accommodate and store the recycling
containers that are required. Chapin agreed with Staughton and thought the town would need
to assist business owners in figuring out the logistics Chapin suggested the implementation
date of Ordinance No. 6 be moved from June 1 to July 1. Scott Hutchins, Waste Management
representative, said his company was in full support of this ordinance and thanked the council
for being involved. Resident Marshall Turley said his neighborhood works together to recycle
and expressed the current recycling containers beipg used are too small. Chris Cutchins,
resident, was excited about the recycling ordinance and thought the town would be a leader in
the valley. Meghan Lovelace thanked the haulers for their support and explained the resort
guests expect to recycle. Gwen Scalpello said the biggest problem is educating people on what
can and cannot be recycled. Scalpello suggested sig is with this information be placed on the
recycle bins. Matt Donovan, owner of Vail Honeywagc n, expressed concern there would be an
increase in illegal dumping and suggested reconsideration of the wildlife resistant containers.
Public comment closed. Moffet was not comfortable vyith the ordinance as is currently read and
felt the ordinance would work with the current coun recycling facility. Moffet requested two
"whereas" clauses are removed from the ordinance for second reading. Rogers supported the
ordinance and suggested a hardship exemption of three months be added to allow residents
and business owner's time to address any storage pro 3lems they might have. Rogers also said
single stream was awesome and the county's dual stream should not hold Vail back from
passing this ordinance. Bugby requested the penalties be removed from the ordinance and the
town should provide a self -haul option. Kurz agreed with Rogers's suggestion for the hardship
clause. Though Chapin was uncomfortable with parts of the ordinance, he too agreed with the
hardship clause and would like construction materials 3e added to the ordinance. Roger moved
to approve Ordinance No. 6 on first reading with the recommended changes to add a three
month hardship exemption, implementation of the ordnance to be July 1, a delay in fines until
January 1 and the removal of the two "Whereas" clau 5es that were requested by Moffet. Kurz
second the motion. The motion passed 6-1 (Bugby op osed).
The eighth item on the agenda was a request for nullification and vacation of a declaration of
covenant encumbering 100 Vail Road, Lot 35, Block 7 Vail Village First Filing, and setting forth
details in regard thereto. Community Developer Director George Ruther reviewed a
memorandum which was provided to council in their packets concerning the zoning history of
the property. Ruther stated on April 21, 1978, the Planning and Environmental Commission
(PEC) voted unanimously to deny a variance for Gros Residential Floor Area (GRFA) for an
additional 2,944 square feet of GRFA and approved a setback variance to allow the structure to
encroach in the required setbacks based on the shape and topographical constraints of the lot.
On May 2, 1978, the Webster's appealed the denial f the GRFA variance to the council. The
council found that the PEC misinterpreted what areas of the house should and should not be
counted towards GRFA, such as the indoor swimmin pool. The council concluded the GRFA
variance was approximately 2,000 square feet less han what the Community Development
Department and the PEC had determined the GRFA o be. The council overturned the PEC's
Town Council Meeting Minutes of February 18, 2014 1 Page 4
denial of a GRFA variance by a vote of 4-1. A conditic
n of the council's decision to overturn the
PEC's earlier denial was that a declaration of covens
it be made and executed against the lot
requiring that any structure built on said lot would be u
3ed only as a single family residence with
caretaker facilities. The reason for this declaration of
covenant was to control population by
being more prohibitive towards multiple dwelling units
on a site. After hearing this interpretation,
Mr. Webster offered the option to deed restrict the pro
erty as means of preventing his property
from contributing to a potential overpopulation problem.
As a result, on May 31, 1978, Mrs.
Elisabeth A. Webster signed a Declaration of Covenant
which restricted any structure on the
property at 100 Vail Road to a single family residence. In 1982, construction on the single
family dwelling unit was completed. According to propE
rty records maintained by the Community
Development Department, the single family residence
is approximately 8,142 square feet in
size. Under current zoning regulations, the property
would be allowed approximately 7,653
square feet of GRFA. Further analysis is needed to determine
if the structure complies with the
current GRFA allowance, given the uncertainty of dec
uctible GRFA on site (i.e., below grade).
Ruther said council was being asked to remove a
id vacate the Declaration of Covenant
recorded at the Eagle County Clerk and Recorder's 01
fice at Reception No. 172727. The staffs
recommendations were based upon the following considerations:
1. according to the Official
Zoning Map of the Town of Vail, the lot is zoned Two
-Family Primary Secondary Residential
District; 2. the size of the lot conforms to the minimum
lot size requirements established for the
District; 3. the Gross Residential Floor Area regulatio
is have been amended since the single
family residence was completed on the lot in 1982; 4.
chapter 18 of the Zoning Regulations of
the Town of Vail provides policy direction for addressing
non -conforming structures. The policy
of the town is to permit nonconforming structures
to be maintained but encourages non -
conformities to be discontinued, or minimized, when
possible; 5. a remodel of the existing
structure into a two family dwelling unit further reduces
any existing non -conformities with
regard to density controls; 6. the fears of creating "crash pads" in Vail and over population are
no longer warranted; and 7. a remodel of the existing
structure on the lot further facilitates the
town's use of its right of way for the continuation of a pedestrian
sidewalk along Vail Road. Jim
Wear, representing the applicant Mr. Alejandro Rojas
said the town needed to rezone that lot
per the zoning map procedure and that his client
was asking to be in compliance with
neighborhood zoning. Moffet made a motion to approve the applicant's request to remove and
vacate the Declaration of Covenant, recorded at Reception No. 12772, at the Eagle County
Clerk and Recorder's Office, on Lot 35, Block 7, Vail
Village First Filing, based upon the
considerations outlined in the staff memorandum, daied
February 18, 2014, and instructs the
Town Manager to take the legal actions necessary to
vacate the Declaration of Covenant on
behalf of the Town of Vail with a second by Kurz. Th
re was no public comment. The motion
passed 7-0.
The ninth item on the agenda was commercial ski st rage and private ski clubs. Community
Planner Jonathan Spence reviewed the Planning and Environmental Commission's (PEC)
February 10 meeting minutes, which were provided incouncil's packets. Spence explained staff
had provided the PEC with a memorandum which outlined the purpose, background and
considerations concerning this subject. Spence said it was staffs intent to explore the ideas
and alternatives presented by the PEC and return on ebruary 24, 2014, with draft regulations
that attempt to address both the opportunities available through the change in policy and the
unintended consequences resulting from the expansio i of allowable use locations. Daly asked
for public comment. Tom Neyens, owner operator oi Ski Valet, asked council what the need
was to have ski storage on the second floor when the"e is plenty of space available on garden
or lower level units. Neyens said a ski storage facility would not generate the sales tax a
Town Council Meeting Minutes of February 18, 2014 1 Page 5
restaurant would. Sebastian Vail Manager Lance
guest experience. Dominic Mauriello, representative
request was only being applied to Commercial Core 1
council their four clubs are open 365 days and an
programs and activities for their members. The appli
Rick Mueller, said he would rather a restaurant be on t
second. Mueller said he has had no requests for offic
and was willing to incorporate any conditions council
support a change to the zoning to allow second floor
responsibility to maintain the village vitality. Daly did
floor would do that nor would it generate sales tax. M
space available if there was a demand for the lockers
storage/ski clubs on the second floor. Kurz, Chapin
statements.
The Tenth item on the agenda was Resolution No. 4
the Ground Lease and Deed Restriction for the '
explained this resolution was to accommodate the re(
would be entering into a long-term ground lease with tl
Apartment Homes, LLC. Ruther said the ground leas
governing the use of the property. Daly said a requires
insurance would to be adjusted per CPI for liability E
Resolution No. 2 with a second by Kurz. There was no
'hompson reminded council to consider
of the applicant reminded council this
Eone district. Jeff Babb Vail Resorts, told
robust in the summer. The clubs run
int and owner of the Vista Bahn Building,
ie first floor of his building and not on the
space on the second floor of his building
nay want to add. Daly said he could not
ki storage. Daly went onto say there is a
not believe adding lockers to the second
Wet felt there was plenty of garden level
Moffet did not see a need to permit ski
nd Bruno agreed with Daly and Moffet's
Series of 2014, A Resolution Approving
'imber Ridge Property. George Ruther
evelopment of Timber Ridge. The Town
e developer of the property, Lion's Ridge
would be subject to a Deed Restriction
vent needed to be added stating that the
urposes. Moffet made a motion to pass
public comment. The motion passed 7-0.
The eleventh item on the agenda was first reading f Ordinance No. 5, Series of 2014, An
Ordinance Amending Section 6-3C-6 of the Vail Towr Code to Reconcile the Town Code with
C.R.S. 18-18-406 Concerning Penalties for the Possession of Marijuana. Town Attorney Matt
Mire explained that this ordinance only addresses penalties for the possession of marijuana.
Moffet made a motion to pass Ordinance No. 5 on first reading with a second by Rogers. There
was no public comment. Motion passed unanimously -0.
The twelfth item on the agenda was the Adjournment. I There being no further business,
Moffet made a motion to adjourn with a second from ugby. The motion passed unanimously
7-0 and council adjourned at 10:02 p.m.
Attest:
Andrew P.IDaly,
N' of
•O
• 'r
el Ac i Town Clers 0. A r •
• L •
Town Council Meeting Minutes of Fe
Page 6
Vail Town Council Meeting Minutes
Tuesday, March 4, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was
Mayor Andy Daly.
to order at approximately 6:00 P.M. by
Members present: Andy Daly
Mayor
Ludwig Ku
Margaret Rogers
Greg Moff
t
Jenn Brun
Dave Chapin
Dale Bugby
Staff members: Stan Zeml
r, Town Manager
Matt Mire,
Town Attorney
Pam Bran
meyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Rick Sackbauer, a resident of
Highland Meadows, announced he was running for another term on the Eagle River
Water and Sanitation District board. He can be reached at Sackbauer@aol.com. He
noted primary issues before the board were a ma or wastewater bond issue, as well as
de-Brucing.
The second item on the agenda was the Consent
1) Approval of the February 4 and 18 mee
the February 4 minutes, with a secon
unanimously, 5.0.2 (Moffet and Daly a
Moffet moved to approve the February
The motion passed unanimously, 7.0.
2) Proclamation No. 1, Series of 2014, Of
Valley. Moffet read the proclamat
Barnes noted Walking Mountains was n
and the Vail Town Council was the first
moved to approve the proclamation, w
taken and the motion passed unanimous
3) Resolution No. 5, Series of 2014, Bi
action is recommended based on re:
regarding a former geologically sensitiv
resolution, with a second from Kurz. A
unanimously, 7.0.
%genda.
ing minutes. Kurz moved to approve
I from Bugby. The motion passed
staining since they'd been absent).
8 minutes, with a second from Kurz.
icial Proclamation for One Book One
on in full. Town Librarian Lori
)w a part of the county -wide program
to approve this proclamation. Moffet
th a second from Kurz. A vote was
ly, 7.0.
Thorn Area GSA Amendment. This
earch and findings from Dr. Mears
s area. Moffet moved to approve the
ote was taken and the motion passed
Town Council Meeting Minutes of March 4, 2014 1 Page 1
4) License Agreement for easement (
Moffet moved to approve this agree
passed unanimously, 7.0.
The third item on the agenda was the Town M
Zemler reminded Council and the audience the
held at the Donovan Pavilion next Tuesday, Ma
with a brief presentation at 5:30. He noted d
available around the room featuring the Town
planning; Timber Ridge redevelopment; Resider
wide Recycling; Gore creek Water Quality Impri
Clubhouse Remodel; 2015 FIS Alpine World Cha
chment at 2801 Snowberry Drive.
with a second from Kurz. The vote
lager's Report. Town Manager Stan
nnual Community Meeting would be
:h 11. Doors will open at 5:00 p.m.,
)lays and representatives would be
Vail economy; Vail 1-70 Underpass
al Wildfire Assessment; Community-
ement Plan; Golf and Nordic Center
pionships; and Vail Mountain.
Zemler also noted a series of EC Alerts had como across notifying people that there'd
been a tractor trailer accident at the Eagle 1-70 oundabout and the road was closed
until further notice.
The fourth item on the agenda was an update on
and Mike Imhof were on hand to present their upd
film with the acknowledgement from Folz that whe
she had nervously and inadvertently left out Vail
now officially named "Championships Plaza," will
the qualifying men's races to be held in Vail, Fol
"passes," while the remaining 40-50 nations will tl
Nations Race, a head-to-head double slalom, will
noted volunteers are also being recruited interna-
for
nternafor host homes during the Championships.
The test events were a success, including: the nE
the women; 26 cameras are installed, with t
transportation system ran almost seamlessly; and
were fantastic. Imhof said the connectivity betwei
has been smoothed out; 90% of the revenue is i
Wolfgang Puck will be the official chef who will
domestic partner, featuring 20-26 hours of TV exi
Over 800M people will watch this two week long e
The one year countdown kicked off in Champion
official mascots. Carrie Fell will be the official art
soil are the Americans: Schriffren, Vonn, Ligget,
top performers. The elements set in Vail include
at Golden Peak; 10 awards presentations, all exc
night; the Nations Hospitality Houses, including C
French and German Houses. When asked whetl
said they're talking about it, and if they decide to
2015 World Championships. Ceil Folz
ite. They started with a short lead up
i announcing Vail/Beavercreek's role,
n the announcement. Solaris Plaza,
be the cornerstone. In talking about
noted the top 40 ski racers will get
en qualify for placement in Vail. The
3Iso take place at Golden Peak. She
Tonally and the Foundation is looking
w Raptor Course in Beaver Creek for
p to 43 total by event day; the
the volunteers both on course and off
n the general organization committee
i the door for this $58M budget; and
oversee a Chef Series. NBC is the
osure as compared to 8 hours in '99.
lips Plaza with Pete and Earl as the
;t and the biggest stars on American
Miller and Mancuso, to name a few
Opening Ceremonies on February 2
pt for the final; public concerts every
5a Italia, Austria Haus, Swiss House,
,r the Americans have a house, Folz
gave one, it will absolutely be in Vail.
Town Council Meeting Minutes of March 4, 2014 Page 2
Additionally, a screen stadium will be set up in Cl
feed from the events; Festival functions are beir
confirmed for Tuesday, February 10 at 2:15 p
February 12 and the Giant Slalom will be S
Community Celebration will happen on Sunday, f
Foundation will also be recruiting celebrities to joi
In regard to media inclusion, Vail and Beaver Ci
The official logo will be used on all media, social,
dedicated television bumper each day of the el
delayed broadcast from Vail each day of the ever
will be shot; and the opening segment daily wi
Marketing impact expectations are enormous.
At the conclusion, Folz announced Mikaela Shrif
March 28-29, at which time a celebration is beir
Foundation for its tremendous organization an
ingenuity.
The fifth item on the agenda was the 1-70 Va
Engineer Tom Kassmel stated at Council's last m
4b, 5c and 5d. Of those, 5c was the preferred log
flaws. He said the next step is to move forward
then be moved 10-20' either direction. Traffic coy
determining whether the final solution is a rourn
completed through a conceptual traffic assessmei
time there will be another presentation entirely
require an environmental assessment and sorr
acquisition will begin, which is expected to take up
impionships Plaza with daily live race
planned; the Nations Team event is
n.; the men's GS will be Thursday,
turday, February 14. The Closing
,bruary 15, at 7:00 p.m. This time, the
in on the festivities.
eek will be the primary beneficiaries.
print and electronic, along with a Vail
ent broadcast. World feed live and
:s in Vail will be played; Vail vignettes
include a 3D flyover video of Vail.
n was expected to be back in Vail
planned. Mayor Daly thanked the
effort, along with their incredible
Underpass Project Update. Town
seting, three solutions rose to the top:
ation, which showed the least design
with preliminary design, which could
it and flow will be a major element in
about or T -intersection. This will be
t within the next two weeks, at which
about traffic. The vertical wall will
s 3D modeling. Then right-of-way
to a year.
Mayor Daly noted this was the third full blown and comprehensive session open to the
public. This process will have a thorough public vetting which will focus on mitigation.
The next portion on environmental compliance was conducted by Mike Vanderhoof, the
CDOT Region 3 Planning and Environmental Mz nager. Vanderhoof outlined what the
planning process had been leading up to the fund ng becoming available and then went
into the further requirements per the National Env ronmental Policy Act (NEPA). As the
partners, FHWA, CDOT and the town, continue to invest, decisions are made as to final
design, right-of-way (ROW) and construction, follo iving which a clearance will be issued.
Other Federal laws and state requirements may a needed, taking an interdisciplinary
view. NEPA is triggered by a federal action, typically funding, permit or approval. Then,
Federal actions may follow, and in the case of a 404 permit for placement of fill into the
waters of the US, of which there's a pretty good chance. In NEPA decision making,
FHWA is the lead federal agency, while CDOTill be doing the legwork. He defined
the classes of Federal Action that could be takel, including an Environmental Impact
Town Council Meeting Minutes of March 4, 2014
Page 3
Statement (EIS); Categorical Exclusion (CE); and
latter of which was the strongest possibility.
Vanderhoof said the scope of this project is relc
and roundabouts. There are no known issues
paleontology or state sensitive plant and animal sl
changes and there will be ROW acquisition.
displacements and there will be minimal natural i
wetlands and waters of the US). Traffic may
patterns but will have limited induced growth.
effects will be measured by noise modeling and
tech report to be prepared.
As proposed now, the project is being forwarded
doesn't necessarily mean no impact or no anal,
involvement process is outlined. The NEPA doi
with technical memos, reports, and studies, as n
lot of respect for Kassmel and the way he has it
CDOT. Other environmental requirements were
Daly asked for Council input. On a somewhat
naming the frontage roads. Vanderhoof responde
process since the road names are coded in maps
referring the question to Martha Miller. Charlie C
corings had been done yet and whether blasting i
a next step is a geotechnical analysis, which pr(
done after the snow melts. He indicated they coy
potentially be the fatal flaw in the plan. Calcatei
underpass and was told 2 lanes would help allev
South Frontage Road to the North. From the phy
Vanderhoof expects these next steps to take the
time an application to proceed will be filed. Kas:
project is fully vetted.
Environmental Assessment (EA), the
:ively minor, with a grade separation
nrith archaeology, historic resources,
ecies. There are frontage road grade
'here are no residential/commercial
-source impacts (potential impacts to
)e affected with the new circulation
tech report will be prepared. Noise
potential abatement analysis, with a
a Categorical Exclusion (CE), which
s. As already seen, a robust public
mentation requirements are minimal,
:essary. Vanderhoof noted there is a
�rfaced both with the Community and
so noted, as well as aesthetics.
elated topic, Bugby asked about re -
i that actually is a pretty complicated
all around the country. He suggested
alcaterra, Simba Run, asked whether
Bdrock might occur. Vanderhoof said
,npted Kassmel to say this would be
Id find shallow bed rock, which could
'a also questioned the 3 lanes in the
ate congestion as cars pass from the
ical aspect, the footprint is the same.
better part of the summer, at which
nel said that will not happen until the
Bob Llewellyn, Savoy Villas, stated he remain d somewhat cynical based on the
assumptions made. He has questions about air quality, since there has not been a
discussion with the transportation department on the number of buses and whether
those trips will increase substantially. This could be a possible impact.
Cabal Yarne, as a voice for the Vail Chamber and Business Association (VCBA),
championed pushing more traffic to the transportation center. Vanderhoof said
performance functions and environmental conce ns would be evaluated. Affordable
housing and low income populations must also be honored and served.
Town Council Meeting Minutes of March 4, 2014 1 Page 4
Kathy Freeman, representing the CDOT Right c
overview of guidance in phases of acquiring RO
through project certification. The purpose of th(
provide fair, equitable and consistent treatment
farms and non-profit organizations; encourage
efficient in acquiring real estate and relocation of
by Federal and State laws. She detailed the IN
clearance is required prior to approval of ROW
and beginning acquisition/negotiations of a rel
physical survey information; illustrate boundary o
be acquired; and must define new ROW lines. In
by CDOT or local public agencies must be free a
title commitments or Memorandum of Ownershil
encumbrances. Surveyors are usually the first
affected property owners. The impressions they Ii
follow. The survey must define existing conditioi
ownerships; and establish monumentation to a
surveys are required on properties being impact(
and a construction survey. The ROW team in(
negotiators and relocation agents who interact witl
The URA requires that before an offer can be ma
must determine fair market value and establist
required for acquisitions with estimated value of $
findings can be prepared for acquisitions up to
Region ROW Manager. The appraiser must be
Estate as a general appraiser and on CDOT's pr
are key to the agency's reputation with the propel
face and image of CDOT. No coercion can be u
will be issued; and payment will be made prior
include an agreement at approved fair mark
condemnation; and legal settlement.
f Way Process, presented a general
N from the beginning of the process
Uniform Relocation Act (URA) is to
of individuals, families, businesses,
acquisition by agreement; and to be
Jisplacees. This process is governed
EPA requirements and stated NEPA
)tans; issuance of Fair Market Value;
)cation. ROW plans must present
affected ownerships and property to
regard to title, the property purchased
rid clear of all encumbrances and the
are used to identify ownership and
representatives to have contact with
gave reflect on the ROW activities that
is; determine boundaries for affected
ssist the construction survey. Two
!d by a project: a preliminary survey
dudes appraisers, review appraisers,
i the property owner.
e to purchase a property, the agency
just compensation. Appraisals are
15K or more. Waiver valuations/value
25K with the approval of the CDOT
licensed by the State Board of Real
qualified list. The agent negotiators
y owners because they represent the
ed; a 90 day written notice to vacate
ro possession. Negotiations options
t value; administrative settlements;
Alternative means of property acquisition are: donation; donation in exchange for
construction features; dedication; and function replacement. One of the most important
functions of negotiators and relocations agents iE to keep an accurate and up to date
account of contacts with owners and /or displacee .
Under Public Comment, Bob Llewellyn thanked
visit. He asked that the traffic survey concer
maximum volume. Air quality and noise are ve
said he respected the efforts of all the engineers
lack of priority on privately owned property, althi
that's been more committed to fostering employ
Ridge could be moved to accommodate the roe
,ouncil for taking time to make a site
rate on alternatives rather than the
y impactful. Bill Pierce, Simba Run,
nvolved. He was concerned with the
.igh there's no one in the community
e housing. Property lines at Timber
idabout. The biggest impact of the
Town Council Meeting Minutes of March 4, 2014 Page 5
project is moving the traffic to the North Frontage Road. This would remove established
landscaping and will have a major visual impact Although verbal commitments have
been made to restore the landscaping, this constitutes a major loss of property value. It
also directly impacts the Simba Run access. He asked Council to defer their decision
because this can be done on public property. Hq added there would be little remaining
objection if Council were to approve a T -intersects n on the North Frontage Road.
Greg Arce said the Timber Ridge intersection was more suitable due to its use already
as an 1-70 crossing point. That's the only solid data available. He does not believe any
of the proposed plans are considerate of pedestrians. Council should also consider the
long term consequences should a third lane on 1-70 be proposed. He did note the
underpass would provide a great alternative for the W. Vail Fire Station and to move
some business off the South Frontage Road and more directly to West Vail. On an off
topic, he also said during the 2015's it would be helpful to have another temporary WiFi
bandwidth added.
Charlie Calcaterra, Simba Run, also thanked Council for visiting the site. He said
everybody agrees Timber Ridge is a god location; 50 feet away from residential
properties is just too close plus Council is aff cting property already in existence.
Simba Run and Savoy Villas are continuing to wok closely together. He asked Council
to remember as they strive to do what's best for ail, that Simba Run and Savoy Villas
are a part of Vail.
Jim Lamont, Vail Homeowner's Association, said his has required a learning curve and
there are still major decisions to make involving sound walls, landscaping mitigation,
design work and engineering research. The I -7C noise at this location is abominable.
This is a perfect time for the town to plead this neighborhood's case with the governor
for a demonstration project which will provide so uch relief over the long haul. CDOT
is violating sound standards now. This project c uld easily double the life of the east
and west roundabouts. The town should consider spending more money on this
project.
Calcaterra said the last thing Simba Run wants i a concrete wall. They chose noise
when they purchased.
Rogers confirmed the 4B solution has a greater irr pact on Gore Creek due to the height
of the retaining walls. Bugby said the traffic updc to should also include limited growth
projections since this valley is pretty landlocke 1. The numbers must be realistic.
Kassmel said they have previously relied hea sly on the Vail Traffic Master Plan.
Rogers noted the future big redevelopment is on the South Frontage Road so the north
side may not require a roundabout. Kassmel said currently 35% of the roundabout
traffic is just trying to get to either side of the interstate. Kurz had concerns about trying
to correct just a traffic count problem. Moffet moved, with a second from Kurz, to
approve Option 5C, and the motion carried unanimously, 7.0.
Town Council Meeting Minutes of March 4, 2014 Page 6
The sixth item on the agenda was Resolution
Approving an Amended Intergovernmental Agree
and the Colorado Department of Transportation ((
70 Underpass. Kassmel explained this resolutioi
IGA with the selected design consultant, Felsb
thorough review of the additional FHU scope ai
appropriate additional scope and fee for preliminai
(7-8% of anticipated construction costs). As polic
is reimbursed by CDOT. Moffet moved, with
resolution. A vote was taken and unanimously apt
No. 2, Series of 2014, A Resolution
hent (IGA) Between the Town of Vail
;DOT) Regarding the Design of the I-
i would effectively amend the current
urg, Holt & Ullevig (FHU). After a
id fee by town staff and CDOT, the
y and final design by FHU is $1.445M
/, the town carries the entire cost and
i second from Kurz, to approve the
)roved, 7.0.
The seventh item on the agenda was the I - TO Vail Underpass Design Contract
Amendment. Moffet moved, with a second rom Kurz, to approve the contract
amendment. A vote was taken and the motion pa sed unanimously 7.0.
The eighth item on the agenda was the second
2014, Recycling. Mayor Daly read the title in fu
Officer Kristen Bertuglia lined out changes made
Environmental Sustainability Strategic Plan "
modifications to the ordinance language accomm
30 day hardship clause and a possible 3 month E
Manager. Also under Hardship, a "whereas"
technical assistance in recycling planning wa;
Attractant is now "Any substance which does no
considered to attract wildlife include food products
or materials which formerly contained such items
not previously contain food or other attractants a
for haulers has been changed to "rate ranges."
Rogers said it was unfair to force someone to do
believes 3 months to bring someone into compliar
an additional step of requiring the entity to meet
Then, if it doesn't work to make a recommend
absolutely cannot make it work, they would qu
conditional waiver until such time as technology
asked if 3 others agreed. Bruno and Moffet saii
solution could work but the town must collaborate.
such as CCI and II. He suggested tabling the iter
discussed tonight so staff can come back with tl
noted this must be something we can hang our I
and not on the town. Rogers asked if there coulc
town. We need out of the box solutions. Chapi
containers out until after 6:00 a.m. Moffet asks
containers, why are we bear -proofing at all. Are v
feel better. The cost to haulers to drive to Bouli
eading of Ordinance No. 6, Series of
I. Vail's Environmental Sustainability
)y Council at first reading. Under the
aste Diversion goal, recommended
)dating community hardship, added a
xtension, as determined by the Town
clause stating the town will provide
added. Under definitions, Non -
attract wildlife. Substances that are
pet food, feed, compost, grain or salt
Office Paper and cardboard that did
,e considered non -attractants. Rates
omething s/he can't possibly do. She
-e is reasonable but would like to add
Nith Bertuglia to work something out.
tion to the Town Manager. If they
ilify for an additional exemption or
r something makes it possible. Daly
they agreed, while Chapin said this
It must work in very restrictive areas,
i. Daly said this is why it needs to be
e recommended changes. Zemler
ats on, with the burden on the entity
be a pick up service provided by the
was in favor of not allowing regular
d if we're rescinding the bear proof
e doing things just to make ourselves
er is not covered under their current
Town Council Meeting Minutes of March 4, 2014 1 Page 7
fees, so ultimately, single stream will go to th landfill. This is a case of good
intentions and failed execution. Council needs t be more thoughtful so we don't end
up with solutions that are not executable.
Chapin continued that the bear issue is a people problem. People want recycling. 5
hands were raised in support of the 6:00 a.m. con Jition. Rogers agrees with the County
not to push either dual or single stream recycling Let the market decide. It's not the
town's job to figure out economics. She is un illing to wait another 4 years for an
economic study on recycling.
Bugby proposed everyone insert their changes an with these changes create an entire
new document. He is interested in color coded tins. This is one way we could define
the compliance percentage. It's important to defir a who would receive the fine. Zemler
said the Council was now jumping past an accepted process and practice. Rogers
noted this had already had a first reading and tt e procedure is to get three others to
agree with your point. Daly asked if there were 4 people in support of different color
containers and there were not. Bertuglia urged Council not to get in the middle of the
customer and the hauler. Daly said decals could be distinguishable. Rogers asked
about converting the container lid. She added the labels would need to be bi-lingual.
Bugby asked that the property manager not be
hands were in agreement. He asked that the er
responsible for payment of any fine(s). Bugby fe
compliance on sorting. Rogers said reasonabl(
Daly said to keep in mind the spirit of recycling.
embrace the spirit of the law. Bugby said the tov
and recycling for those that want it, to which Mc
the town does not haul. Then the town would be
opt out of their own trash service. Daly reiterat
making suggestions. Bruno said we must keep &
this amendment dies due to general consensus
rates and that the incentive was we want to be
was important to give consumers a choice. E
different volumes could give some indication
different. This is a very competitive market.
Mayor Daly opened public comment. Gwen Sca
huge difference between refusal and failure to
garbage monitors if this is passed. Failure to co
Turley, resident, said we can make it succeed t
should go in rental kitchens. Greg Arce, propel
dumpers. However, he believes the Council
clippings which are 100% compostable. Mi
Russells's, is very encouraged by the inclusion o -
is not possible to expand their trash compactor.
esignated as the trash hauler. Four
ity who contracted for the service be
it was unreasonable to expect 100%
must have a distinct rigid standard.
(iolators will go down, while most will
i should provide for self hauling trash
let responded it was really important
aying to have it hauled for those who
d the Council is gathering ideas and
first homeowners in mind. Daly said
Bruno had a concern with variable
i better community. Bertuglia said it
.rtuglia said the published rates for
f range. Single family homes are
)ello, Nine Vail Road, said there is a
;omply. Property managers will be
iply has punitive elements. Marshall
Brough education. Recycling notices
manager, never has seen weekend
hould make an allowance for lawn
:hael Staughton, Los Amigos and
the hardship clause. In their case, it
Luke Cartin, with VRI environmental
Town Council Meeting Minutes of March 4, 2014 Page 8
programs, said if the Front Door and the Burton L S Open are increasing their diversion
rate, we can, too. Also, he is considered a hauler since he brings 50% recyclables off
the mountain. Megan McDonald, homeowner, said the burden is already on the
haulers, who are committed. She encouraged Co incil to make it work and pass what is
before you.
Mayor Daly offered recaps to include the hardsh
6:00 a.m.; containers are to be distinguishable;
ultimately responsible for the fine payment; and I
haulers. Rogers asked in the case of hardship 1
Matt Mire, Town Attorney, said Zemler can re(
owner/occupant should actually be occupant. Mi
was seconded by Rogers. The motion passed un
clause; regular containers out after
e person who signs the contract is
)perty managers are not considered
applicant meet first with Bertuglia.
ire this by process. Daly clarified
'et moved to table to 3.18.14, which
iimously, 7.0.
At this point, Zemler said due to the late hour, it ms 9 and 10 could both be tabled to
3.18.14.
The ninth item on the agenda was Ordinance No. 8, Commercial Ski Storage. Moffet
moved, with a second from Kurz, to table to the 18th. George Ruther, Community
Development Director, reminded Council to continue the moratorium, to which first and
second agreed. The motion passed unanimously, 7.0.
The Tenth item on the agenda was Ordinance No. 9, Vail Village Townhouse District.
Moffet moved to table, with a second from Bugb . Dominic Mauriello requested it be
heard since he'd been at the meeting since 6:00 p.m. A vote was taken and the motion
passed 4.3, Bruno, Rogers and Daly opposed.
The eleventh item on the agenda was Request
review process with a proposal to reconstruct an
existing patio on Town of Vail owned stream tr;
Beaver Dam Road/Lot 5, Block 4, Vail Village Fil
this application was being brought forward to Coy
stream tract work. The Council does have the rig
were 2 reasons appropriate for Council to revoke
or the homeowner failed to maintain the improv
granted by Vail Resorts, Inc., and the town subse
way (ROW) permit. The revocable ROW allow
water features and other encroaching improveme
be the same size, although the patio will be remo
made. It's a matter of water quality preservation.
to proceed through the development
xisting water feature and remove and
ct, located adjacent to 463 and 473
ig 3. Planner Jonathan Spence said
ncil due to the heightened interest in
it to revoke. Attorney Mire said there
it serves a legitimate public purpose
�ments. The original easement was
luently provided a revocable right -of -
construction, maintenance, a patio,
ts. Spence said the replacement will
ed. The pond is not natural but man -
Architect Kyle Webb, representing the applicant, said without this improvement, there
would be water everywhere. The pond is clea ed every 1-2 years and acts as a
sediment collector. The pipe below the pond m t be replaced and this is a common
Town Council Meeting Minutes of March 4, 2014 1 Page 9
sense approach. Attorney Jim Wear, re
condition upon purchase.
ng the applicant, said this was a
Moffet moved to approve allowing the applicant to proceed through the process, with a
second from Bugby and Kurz. Rogers said 0 tolerance is 0 tolerance. Council should
be unbending in enforcement. This is Council's opportunity to remove something from
the stream tract so she will vote against the motion. A vote was taken and the motion
passed 4.3, Bruno, Chapin and Rogers opposed.
The twelfth item on the agenda the second rea ing of Ordinance No. 5, Penalties for
the Possession of Marijuana. Moffet moved to pprove the ordinance as read, with a
second from Kurz. A vote was taken and the moti n passed, 7.0
There being no further business, Moffet moved, with a second from Bugby, to adjourn
the meeting. A vote was taken and the motion pa sed unanimously, 7.0, at 9:50 p.m.
Attest:
Respectf Ily Submitted,
Andrew P. Daly, Mqyor
Pam Brandmeyer, Assi a t Town Manager
Town Council Meeting Minutes of March 4, 2014
Page 10
Vail Town Council Meeting Minutes
Tuesday, March 18, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was
Mayor Andy Daly.
Members present:
to order at approximately 6:00 P.M. by
Andy Daly, Mayor
Ludwig Kurz
Margaret Rogers
Greg Moffat
Jenn Bru o
Dave Cha in
Dale Buo v
Staff members: Stan Zem er, Town Manager
Matt Mire, Town Attorney
Pam Bran dmeyer, Assistant Town Manager
Tammy N gel, Acting Town Clerk
The first item on the agenda was Citizen Participation.1 There was none.
The second item on the agenda was the Consent Age da.
1) South Frontage Road Water Quality Improvernents Contract Award. Moffat made a
motion to authorize the Town Manager to enter into an agreement with Western Pipeway
to complete the South Frontage Road Water Quality Improvements Project, with a
second from Kurz. The motion passed unanimously 7-0.
2) Resolution No. 6, Series of 2014. Moffat made a motion to authorize the Town Manager
to enter into the intergovernmental agreement to formalize the Colorado Information
Sharing Consortium, with a second from Kurz. The motion passed unanimously 7-0.
3) Resolution No. 7, Series of 2014. Council requested staff present the resolution later in
the meeting when the first reading of Ordinance No. 8 was to be discussed.
4) Resolution No. 8, Series of 2014. Moffet made a motion to authorize the Town Manager
to enter into the intergovernmental agreement with Eagle County for the lease of the
ECO Transit Welcome Center space, with a second from Kurz. The motion passed
unanimously 7-0.
The third item on the agenda was the Town Manager's Report. Town Manager Stan Zemler
acknowledged the recent court decision from Eagle County District court and requested staff be
directed to work through the construction process concerning the golf course clubhouse
remodel. Council agreed and directed staff to move forward with the next steps.
The fourth item on the agenda was appointment of 6 members to the Art in Public Places
(AIPP); 3 members to the Building and Fire Codes Appeals Board (B&FCAB); 3 members to the
Design Review Board (DRB); and 4 members to the Planning and Environmental Commission
(PEC). Kurz made a motion to appoint the following board members to AIPP: Cookie Flaum,
Town Council Meeting Minutes of March 18, 2014
Page 1
Julie Hanson, Kathy Langenwalter, William Pierce, <aren Woods and Amanda Zinn, with a
second from Moffet. The motion passed unanimous) 7-0. Kurz made a motion to appoint the
following board members to BUCAB: Roland Kjesb , Steven Loftus and Kyle Webb, with a
second from Moffet. The motion passed unanimous) 7-0. Kurz made a motion to appoint the
following board members to DRB: Andrew Forstl, R land Kjesbo and William Pierce, with a
second from Moffet. The motion passed 7-0. Kurz made a motion to appoint the following
board members to PEC: Dick Cleveland; Webb Marti ; Henry Pratt; and John Rediker, with a
second from Moffet. The motion passed unanimously -0.
The fifth item on the agenda was second readin I Ordinance No. 6, Series 2014, an
ordinance enacting Title 5, Chapter 12, Vail Town Cod Recycling Requirements", establishing
regulations regarding recycling of discarded materials by solid waste generators, and solid
waste services provided by waste services companies operating in the Town of Vail and setting
forth details in regards thereto. Environmental Sustainability Coordinator Kristen Bertuglia
reviewed council's changes to the ordinance. The effective date of the ordinance would be July
1, 2014. Properties which are unable to be in complia ce by the effective date would be able to
request an exemption, as determined by the Plannin and Environmental Commission (PEC),
according to at least one of following reasons: st considerations, physical limitations,
operational considerations and conflicts with adop ed regulations. Rogers asked if the
exemption would be for life. Bertuglia stated the exei nption could be for life depending on the
direction of the PEC. Daly recommended the max mum exemption be no longer than 24
months, with the option for additional 24 month exemptions to which council majority agreed.
Bruno recommended businesses who will have difficul y being in compliance with the ordinance
apply for an exemption no later than July 1. Roge s and Kurz agreed with Bruno. Rogers
recommended "unreasonable cost considerations" beadded to the exemption criteria. Council
agreed. Bertuglia reviewed the recycling requirements for wildlife resistant containers.
Recyclables would be placed at the curb in non -wildlife resistant containers if the containers are
placed at the curb only after 6 a.m. and brought indoors for storage before 7 p.m. Bertuglia
explained the existing wildlife regulations would need to be modified to meet this requirement.
Daly suggested requiring bear proof containers and have the town pay for the difference in the
cost for these containers. Moffet expressed concern on what that cost would be to the town.
Daly asked Bertuglia to develop a methodology and o show the costs the town would incur.
Chapin agreed with Daly's suggestion and went onto say he was glad to see the town would
have some skin in the game. Bugby expressed conce n people would be illegally dumping their
trash in other people's dumpsters since there was no self -haul option in the ordinance. Bugby
suggested adding "reasonable effort" language into the penalty assessment or to add language
concerning illegal dumping. Rogers did not agree with Bugby's suggestions since the language
concerning unlawful dumping was currently in the Colo ado State statute and in the Town Code.
Daly suggested and others agreed to add the lanc uage "dumping trash or recyclables in
someone else's dumpster is illegal." Daly asked for public comment. Ron Riley, commercial
property owner, said he has been working hard on this issue for a month with Bertuglia and the
situation concerning his commercial properties are more complicated. Riley did not agree with
the 24 month exemption since the circumstances sur ounding his property would not change.
The exemption would require him to come in every 4 months. Chris Fitzgerald, residential
property owner, felt the containers needed to be bear proof regardless if recycling or not. Bill
Suarz, residential property owner, asked how many recycle bins would be required. Daly
responded it depended on the hauler. Saurez did not think there would be a problem for
residential but thought businesses without storage areas would have a burden. Kim Langmaid,
property owner, urged council to approve the ordinance. Moffet expressed concern surrounding
Town Council Meeting Minutes of March 18, 2014 Page 2
environmental impacts associated with hauling single
rather then full use at the Eagle County MRF facility.
from Kurz to approve the second reading of the ordina
The motion passed 5-2 (Bugby and Chapin opposed).
The sixth item on the agenda was the first reading
ordinance for prescribed regulation amendments, pur:
Town Code, to amend Section 12-2-2: Definitior
Commercial Ski Storage and the delineation of differer
amend Sections 12-76, 12-7H, 12-71 and 12-8E repl
with "Commercial Ski Storage/Ski Club, and setting ft
Development Planner Jonathan Spence first address
council previously determined that a particular ski sl
and Bars." Resolution No. 7, clearly and unambig
storage/ski clubs are appropriately located only in the
the Commercial Core 1 (CC -1), Lionshead Mixed l
(LMU-2) and Ski Base/Recreation 2 (SBR -2). There
adopt the resolution, with a second by Chapin. The r
explained Ordinance No. 8 clarified allowable location
and provided additional language to assist in the delin
structure. The proposed code amendments did not
pertaining to the location or operating characteristics o
the Vail Village and Lionshead. The changes did prc
concerning these subjects. There was no public comr
ordinance on first reading, with a second from Kurz. '
stream recyclables out of Eagle County
Rogers made a motion, with a second
nce with the recommended amendments.
of Ordinance No. 8, Series of 2014, an
uant to Section 12-3-7, Amendment, Vail
5 of Words and Terms pertaining to
t floors or levels within a structure, and to
icing the term "Commercial Ski Storage"
rth details in regard thereto. Community
ed Resolution No. 7 explaining in 2006
)rage type use was a "Cocktail Lounges
iously memorialized that commercial ski
)asement or garden level of a structure in
se 1 (LMU-1), Lionshead Mixed Use 2
,as no public comment. Moffet moved to
otion passed unanimously 7-0. Spence
for commercial ski storage/private clubs
ration of different floors or levels within a
esult in any changes to the regulations
ski storage/ski concierge/ski clubs within
vide clarity and a greater understanding
lent. Moffet made motion to approve the
'he motion passed unanimously 7-0.
The seventh item on the agenda was the first readin of Ordinance No. 9, Series of 2014, an
ordinance rezoning certain properties from the High Density Multiple -Family District to the Vail
Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483
Gore Creek Drive (Texas Townhomes)/ Lots 7-13, P Resubdivision of Block 5 and a part of
Gore Creek Drive, Vail Village Filing 1, and Lots 1 9 Vail Village Filing 4, and setting forth
details in regard thereto. Spence reviewed the ordinance with council. Rogers requested
spelling errors be corrected for the second reading of the ordinance. There was no public
comment. Moffet made a motion to approve the first reading of the ordinance, with a second
from Kurz. The motion passed unanimously 7-0.
The eighth item on the agenda was the Lionshead Pai
Kassmel shared with council the value engineering cl
parking structure entry that help bring the project close
council award the contract to MW Golden Constructo
future council meeting supplement the project budget i
this project would be completed this year. Kassmel
purpose was for the snowmelt. Kassmel stated it as:
Moffet made a motion to authorize the Town Manager
Constructors in the amount of $1,819,973, with a sE
unanimously 7-0.
ting Structure Entry Improvements.
anges made to the proposed Lionshead
r to the budget. Kassmel recommended
s in the amount of $1,819,973; and at a
i the amount of $95,000. Moffet asked if
esponded yes. Chapin asked what the
isted with snow removal in those areas.
to enter into a contract with MW Golden
Gond from Bugby. The motion passed
The ninth item on the agenda was the review of the proposed Timber Ridge Development
Agreement. Community Development Director George Ruther reviewed the three primary
Town Council Meeting Minutes of March 18, 2014
Page 3
components of the Timber Ridge Development Agr
obligations of the developer; and the construction iml
would be if the developer did not finish the project i
Daly suggested wording that was fair to both the
requested wording be added concerning insurance ai
the development agreement to the April 1 meeting,
passed unanimously 7-0.
The tenth item on the agenda was the discussion of
Town of Vail and to begin to establish policy dire(
reviewed the six policy issues relating to the regi
recommendation to form a work group composed
council to respond to policy question no. 6 as to whet
marijuana establishment operations lie along the spec
further information was gathered. Rogers agreed w
report on what is happening in other communities
marijuana. Chapin suggested involving a member
Rogers recommended having a representative of th
stated there currently is no manufacturing of any prc
and didn't think the town should allow marijuana cultiv
address on site sale/consumption the next time he H
recommended talking with restaurants, lodging, and
retail marijuana to hear their comments and concerns.
guests who do not want Vail to allow retail marijuan
what is in the best interest of the resort community.
spectrum. Kurz said emotionally he agreed with Da
intellectually. Bugby suggested a work session to wo
consider when they meet. Daly asked for public com
Cannabis Business Alliance, provided council with idi
licensing requirements for a retail marijuana establi:
presented concerned licensing fees, zoning and e)
Collins stated she was not here to persuade council
with the education of retail marijuana. Council supp
made up of stakeholders, as the first step in devel
establishments.
.ment: the obligations of the town; the
)vements. Daly asked what the penalty
the timeframe stated in the agreement.
awn and developer. Additionally, Daly
liability. Moffet made a motion to table
ith a second from Bugby. The motion
he future of recreational marijuana in the
Jon on the issue for the Town. Ruther
ation of retail marijuana and offered a
if stakeholders. Ruther also asked for
council's preference for regulating retail
Crum. Chapin stated he was neutral until
:h Chapin. Rogers would like Ruther to
that have approved the retail sale of
of the Vail Valley Professionals group.
industry on the working group. Moffet
iuct allowed anywhere in the town limits
tion operations. Moffet requested Ruther
3s presenting this item to council. Bruno
;itizens in the towns that currently allow
Daly had spoken with some international
i sales. Daly suggested council look at
Daly said he was at prohibition on the
f, but was willing to keep an open mind
k on questions for the advisory group to
nent. Meg Collins, Executive Director of
as concerning the licensing process and
hment. Some of the examples Collins
;lusions, taxation and transaction fees.
,ne way or another, but instead to assist
rted Ruther in forming a working group,
)ping policy concerning retail marijuana
The eleventh item on the agenda was the Adjournme t. There being no further business,
Moffet made a motion to adjourn with a second from K rz. The motion passed unanimously 7-0
and council adjourned at 8:50 p.m.
Attest:
RespectfuJjy,Submitted,
Andrew P.1 Daly,
Town Council Meeting Minutes of March 18, 2014
Page 4
Town Council Meeting Minutes of March 18, 2014
Page 5
A,
Vail Town Council Meeting Minutes
Tuesday, April 1, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Margaret Rogers
Greg Moffet
Jenn Bruno
Dave Chapin
Dale Bugby
Member absent: Ludwig Kurz
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Tammy Nagel, Deputy Clerk
The first item on the agenda was Citizen Participation. There was none.
The second item on the agenda was the Consent Agenda.
1) Approval of the March 4 and March 18 meeting minutes.
Bugby reviewed his recommended changes to the March 4 and the March 18
meeting minutes. All council members agreed with the changes. Moffet made
a motion to approve the March 4 meeting minutes with the recommended
changes, with a second from Chapin. The motion passed unanimously 6-0.
Moffet made a motion to approve the March 18 meeting minutes with the
recommended changes, with a second from Chapin. The motion passed
unanimously 6-0.
2) Resolution No. 11, Series of 2014, A Resolution Approving an Amended
Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal
Year January 1, 2014. Moffet made a motion to approve the resolution, with a
second from Rogers. The motion passed unanimously 6-0.
3) Pre -Construction Management Contract Award. Moffet made a motion to
direct the Town Manager to enter into a Construction Manager/General
Contractor with GE Johnson for the Vail Village Welcome Center remodel,
with a second from Rogers. The motion passed unanimously 6-0.
The third item on the agenda was the Town Manager's Report. There was none.
Town Council Meeting Minutes of April 1, 2014 Page 1
The fourth item on the agenda was 1-70 Vail Underpass Traffic update. Town Engineer
Tom Kassmel stated that as a part of the project design process, a traffic operations
analysis had been completed for the 1-70 Vail Underpass and the two new intersections
it would create. The traffic analysis was based on the adopted 2009 Vail Transportation
Master Plan (VTMP), the Federal Highway Administration (FHWA) and Colorado
Department of Transportation (CDOT) requirements and guidelines, and recognized
traffic engineering best practices. Kassmel explained the data and assumptions for the
traffic analysis were based on the VTMP and include the 20 year design traffic service
life, the 15th busiest day, the VTMP traffic projections and the level of service (LOS).
Rogers asked what the 15th busiest traffic day was in Vail. Kassmel explained that it's
not a specific date. The 15th busiest day was based on the significant holidays and
Special Events, the snow levels, the number of days Vail hotels are occupied and the
number of days in a year that Vail had overflow parking on the Frontage Roads. Mark
Meisinger, Engineer with Felsburg, Holt & Ullevig (FHU), reviewed several intersection
configurations with council: the Traditional T would allow the Frontage Roads to flow
freely and the underpass traffic would be required to stop; an All -way Stop T where all
directions stop; a Modified T which would allow the underpass to free flow and the
Frontage Roads to stop, similar to Blue Cow Chute; an All -way Stop T with Bypass
provided two Frontage Road movements being free flow and all other movements stop;
a Signalized T would have all movement stops at signals; a Single Lane Roundabout;
and a Single Lane Roundabout with an auxiliary lane. Meisinger demonstrated how a
single lane roundabout with an auxiliary lane met the 20 year design traffic life and the
FHWA/CDOT requirements and guidelines. Rogers asked what would prevent the town
making changes to the Bypass T in 2030 if the town was incorrect on its choice.
Kassmel stated the funding agreement with CDOT required the 20 year design traffic
life. All council members questioned the traffic data that was used for the traffic
analysis. Daly explained the traffic numbers would be the same, but the additional
underpass would relieve congestion on both the main Vail and West Vail roundabouts.
Rick Rejavec with FHU reviewed evaluation criteria with council. All types of T
Intersections did not provide adequate LOS or queues at intersections. A Single Lane
Roundabout accommodated ideal conditions at LOS C, had acceptable queues and
reduced impact to private property, but it did not accommodate snowy conditions at
LOS D. A Single Lane Roundabout with an Auxiliary Lane accommodated Ideal
conditions at LOS C, had acceptable queues, and it accommodated snowy conditions at
LOS D. Rogers asked if the town could ban trucks from using that roundabout.
Kassmel said at minimum large trucks would have to be able to go through the
roundabout. Bruno asked if the engineers considered a roundabout on one side and a
tee on the other. Rejavec said this model had not been done. Bugby questioned if
some of the traffic projections were using double counts. Kassmel said he would
confirm the numbers. Daly asked for public comment. Bill Pierce, owner at Simba Run,
questioned if the numbers used in the analysis were realistic for a 20 year outlook.
Pierce explained a LOS C rating is based on a 10-20 second stop and a LOS D is a wait
of 40 seconds per vehicle. Additionally Pierce did not agree with CDOT's study that
roundabouts were safer. Charlie Calcaterra, representing Simba Run Homeowners
Association, said there was an opportunity for the town to do what is right by relieving
Town Council Meeting Minutes of April 1, 2014 Page 2
traffic from the west and main roundabouts. Calcaterra felt there were two scenarios
that would satisfy everyone. If the town would use CDOTS level of service for this
project only, it would allow a T Intersection to be implemented or if the Council would
agree to do the T Intersection and if the intersection failed in 15 years then add a light
signal. With no further public comment, Daly asked if council had any additional
comments. Bugby said a T Intersection would be appropriate for this project. Rogers
felt the bypass T would allow for reasonable growth. Moffet reminded council that Vail
did have design requirements and there are no traffic lights allowed. Moffet went onto
say a T Intersection did not work unless the town would allow traffic lights. The town
needed to be consistent with the same standards that are applied to general
developers. Bruno also had problems with the numbers used for the analysis and
would like the engineers to pursue the Bypass T. Daly requested staff to re-examine
the traffic counts and confirm there was no double counting. Additionally, Daly
requested staff provide scenarios using LOS D for a Bypass T, single roundabout on the
North Frontage Road and double T on both North and South Frontage Roads.
The fifth item on the agenda was the first reading of Ordinance No. 10, Series of 2014,
An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital
Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch
Services Fund, Heavy Equipment Fund, Debt Service Fund and Timber Ridge
Enterprise Fund of the 2014 Budget for the Town of Vail. Daly questioned if the $13,200
to fund the transportation costs to move sports teams to other field locations during the
Ford Park Field construction was the Vail Recreation District's responsibility. Rogers
explained it was a small cost to the town to ensure the events return to Vail next year.
Moffet expressed concern regarding the $17,200 in police officers overtime relating to
work done for the Drug Enforcement Agency (DEA). There was no public comment.
Moffet made a motion to approve the first reading of Ordinance No. 10, with a second
from Rogers. The motion passed unanimously 6-0.
The sixth item on the agenda was review of the proposed Timber Ridge Development
Agreement. Community Development Director George Ruther presented council
Resolution No. 9, Series of 2014, A Resolution Approving a Timber Ridge Development
Agreement, and Setting Forth Details in Regard Thereto. Daly questioned the
performance bond language in the development agreement. Town Attorney Matt Mire
explained if the developer was unable to complete the project, the lender would finish
the development with a new developer. Moffet moved to approve Resolution No. 9 and
direct the Town Manager to enter into the Developers Agreement with Lion's Ridge
Apartment Homes, LLC, with a second from Chapin. There was no public comment.
The motion passed unanimously 6-0.
The seventh item on the agenda was Resolution No. 12, Series of 2014, A Resolution
Authorizing the Town Manager to Enter into a Professional Service Agreement with
Reconstruction Experts, Inc. for the Renovation of Units at the Timber Ridge Village
Apartments. Ruther informed council concerning the need to complete interior
renovations to at least nine dwelling units at the Timber Ridge Village Apartments. The
Town Council Meeting Minutes of April 1, 2014 Page 3
renovation work is expected to start in early April and to be fully completed by April 30,
2104. Ruther said that since a large number of units will become vacant during the
month of April that this is the correct time to complete renovation work. The estimated
total cost of the work is approximately $188,000. Bugby asked the lifespan on the
buildings that are being renovated. Ruther stated those buildings are not currently
being considered for construction and will be around for a long period of time to allow
the pay down from the new construction. Moffet made a motion to pass Resolution No.
12 and direct the Town Manager to enter into the service agreement, with a second
from Rogers. There was no public comment. The motion passes unanimously 6-0.
The eighth item on the agenda was the second reading of Ordinance No. 8, Series of
2014, An Ordinance for Prescribing Regulation Amendments, Pursuant to Section 12-3-
7, Amendment, Vail Town Code, to Amend Section 12-2-2: Definitions of Words and
Terms Pertaining to Commercial Ski Storage and the Delineation of Different Floors or
Levels within a Structure, and to Amend Sections 12-7B, 12-7H, 12-71 and 12-8E
Replacing the Term "Commercial Ski Storage" with "Commercial Ski Storage/Ski Club"
and Setting Forth Details in Regard Thereto. Community Development Planner
Jonathan Spence informed council there were no significant changes made since the
first reading of Ordinance No. 8. Moffet made a motion to approve Ordinance No. 8 on
second reading with a second by Rogers. There was no public comment. The motion
passed unanimously 6-0.
The ninth item on the agenda was the second reading of Ordinance No. 9, Series of
2014, An Ordinance Rezoning Certain Properties from the High Density Multiple -Family
District to the Vail Village Townhouse District, Located at 303 Gore Creek Drive (Vail
Rowhouse 7-13) and 483 Gore Creek Drive (Texas Townhomes)/Lots 7-13, A
Resubdivision of Block 5 and a Part of Gore Creek Drive, Vail Village Filing 1, and Lots
1-9 Vail Village Filing 4, and Setting Forth Details in Regard Thereto. Spence stated
there were no changes made to the ordinance since the first reading. Moffet made a
motion to approve Ordinance No. 9 on second reading with a second from Bugby.
There was no public comment. The motion passed unanimously 6-0.
The Tenth item on the agenda was adjournment. Moffet mad a motion to adjourn with
a second from Rogers. The motion passed unanimously and council adjourned at 9:01
p.m.
Attest:
Respectfull mitted,
And ew P. Daly, Mayor
ammy De ut rk
Town Council Meeting Minutes of April 1, 2014 Page 4
Vail Town Council Meeting Minutes
Tuesday, April 15, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz
Margaret Rogers
Greg Moffet
Jenn Bruno
Dave Chapin
Dale Bugby
Staff members: Pam Brandmeyer, Acting Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item on the agenda was the 2013 L. Anthony Sutin Civic Imagination Award
Presentation. Chief Dwight Henninger, Vail Police Chief, and Megan McGee Bonta, Catholic
Charities, were presented the "L. Anthony Sutin Civic Imagination Award", in recognition of their
partnership and work together building bridges with the immigrant community in Vail in an effort
to create trusting relationships between law enforcement agencies, social service agencies and
the residents they serve. Director Ronald Davis, US Dept. of Justice Office of Community
Oriented Policing Services, and US Attorney John Walsh, Colorado District Attorney's Office,
were present to recognize these individuals and all those involved in helping to implement a
community that collaboratively works together on solving problems facing the immigrant
residents. High accolades were given to both individuals with recognition to Catholic Charities'
initiative in implementing a very active Eagle County Immigration Advisory Committee formed to
help to address such apparent needs of this community. In addition recognition of Chief
Henninger's outstanding commitment to his community and profession was noted in helping to
successfully bridge the gap that has existed between the police and immigrant community. It
was noted that the award was named in memory of Tony Sutin, who served as a founder and
Deputy Director of the Office of Community Oriented Policing Services, and that these
nominees have shown the ability to create sustainable collaborations that are innovative and
creative and that they've shown civic leadership through problem solving and collaborative
partnerships, and finally that that they've shown the ability to institutionalize sustainable,
positive; observable public safety outcomes that promote public safety through a dedication to
the community policing philosophy. Mayor Daly commended the nominees noting that the
community of Vail is unique and complex in many ways and that their dedication and work has
helped make it a better place to live for all persons including the immigrant community.
The second item on the agenda was Citizen Participation, comments were heard as follows:
Chuck Ogilby, Vail resident, former council member, expressed support for the upcoming ballot
questions proposed by Eagle River Fire Protection District's May election, questions that
Town Council Meeting Minutes of April 15, 2014 Page 1
addressed: 1) General Obligation (GO, property tax) increase to help offset costs related to
capital project infrastructure upgrades, and 2) Taxpayer Bill of Rights exemption. He expressed
concerns with water quality of the Gore Creek noting that the new state and federal regulations
would only help improve the "state of the rivers." He also requested the town consider
reviewing more stringent rules related to tree spraying and ensuring the most stringent
regulations are proposed for cleaning up Gore Creek. Mayor Daly noted the town has already
made a commitment to this effort and has begun implementing its "water quality improvement
plan" which outlines many measures addressing this topic.
The third item on the agenda was the Consent Agenda.
George Ruther presented the following 2 items:
1) Resolution No. 10, 2014 - Timber Ridge Rockfall Mitigation Contract
Moffet moved to approve Resolution No. 10, with a second from Kurz. The motion
passed unanimously, 7-0.
2) Resolution No. 13, 2014 - Timber Ridge Holy Cross Energy Easement
Moffet moved to approve Resolution No. 13, with a second from Kurz. The motion
passed unanimously, 7-0.
Ruther noted that the rockfall mitigation work would begin May 1 and press releases and
variable message signs would be used immediately to help notify the neighborhood and public
of the work to be done. He also noted that no helicopters or blasting would be required.
The fourth item on the agenda was Town Manager's Report. Chief Henninger presented an
update on the police activity that occurred during this past weekend's event, and specifically the
activity they responded to as a result of the Saturday night concert. He noted that when
compared with other events and concerts in Vail, this event presented many challenges for both
enforcement and medical personnel. While the event was successful in terms of the number of
people that attended, there were many challenges with the event itself.
The fifth item on the agenda was a request to proceed through the development review process
with a proposal to install a fence on the Town owned parcel in the Intermountain neighborhood
at the West Vail Community Garden as presented by Marion Carton, President. The slideshow
presentation provided information about their mission, background, location, history of its
improvements, community involvement, and now the need for a fence to keep the deer away in
order to remain a successful garden. It was noted that other deterrent means have been tried
with no success. Numerous reasons for a fence were outlined, including: 1) enhance safety
measures, 2) enhance wildlife and garden protection, 3) serve as dog deterrent, 4) provide
definition of the space and screens, and 5) add some visual appeal with fencing around the
entire garden. If there was permission to proceed with the request, it was noted that the
applicant would need to file a request for a variance from Section 14-10-9, Fences, Hedges,
Walls, and Screening, Vail Town Code, pursuant to Section 12-17, Variances, to allow for
deviations from the fence height limitations. There was some discussion about the height of the
fence in terms of what other community gardens have installed, what has been successful in
terms of the height (typically at least 7 feet), and what type of fence materials were being
considered. Jeff Schneider, resident and user of the garden, spoke in support of the project and
request to proceed with a request for the fencing in light of it serving to improve the ability of the
community garden in being successful. There were no other public comments. Moffet moved to
approve the applicant's request to proceed through the development review process. Ludwig
seconded the motion. The motion passed unanimously 7-0. Carton expressed her sincere
thanks to the council, to the community and to town staff for their support and efforts on the
Town Council Meeting Minutes of April 15, 2014 Page 2
project. She also noted that the related costs are estimated at $9500, and that the group may
seek funding assistance from the town in order to implement the purchase and installation of the
fence.
The sixth item on the agenda was Resolution No. 14, Series of 2014 - A Resolution
Establishing the Annual Fee in Lieu Amount for Commercial Linkage and Inclusionary Zoning.
Nina Timm, Community Development, presented this item highlighting that in 2007 the Vail
Town Council established commercial linkage and inclusionary zoning requirements that
outlined one of the five methods to provide the requisite employee housing is payment of a fee
in lieu. She noted that in order to remain In accordance with Vail Town Code Sections 12-23-6
and 12-24-6, the fee in lieu amounts should be established annually by resolution of the Vail
Town Council. She spoke briefly .about the calculation as it related to using the Area Median
Income and real estate prices per square foot as depicted in the council packet memo. Moffet
expressed concern about the methodology behind the calculations and the impacts that are
brought on by a rising real estate market. Moffet moved to table Resolution No. 14, Series of
2014, in order to schedule further discussion about the details of the policy. He requested that
the topic be scheduled for work session on May 6'h. Ludwig seconded the motion. There were
some council inquiries about how the calculations were developed. There were no public
comments on this topic. The motion passed unanimously 7-0.
The seventh item on the agenda was the Second reading of Ordinance No. 10, Series 2014,
Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund,
Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund, Heavy
Equipment Fund, Debt Service Fund and Timber Ridge Enterprise Fund. Kathleen Halloran
presented this item with a review of the changes from first reading that included General Fund
changes as follows:
$11,000 request to update the town's emergency preparedness operations plan. A consultant
frequently used within Eagle County would be hired to prepare a strategic plan identifying an
emergency response approach based on national models (FEMA's Incident Command
System format) in order to bring the town's plan concurrent with the county's updated plan.
Staff would review whether or not this funding couldn't be included in 2015 budget as
requested by Daly.
$70,000 request to fund a resort competitiveness study to be completed by RRC Associates,
who would perform a review of existing research, develop a competitive assessment (peer
resort visits, analysis of infrastructure/facilities, etc.) and recommend actions. Rogers asked
the plan be completed per the Council's strategic plan discussion. Daly asked why the
proposal was divided into 2 sections. Chris Cares, RRC, responded to questions explaining
their idea was to build on the existing work as well as capturing all other broader information
sources into one document, including nationally ski industry research and information. Bugby
questioned whether the marketing district should be funding the work; Rogers noted this
background work would serve the Council in many capacities and said that it would then be
likely to present possible marketing initiatives to the district with funding opportunities.
The Capital Projects Fund changes included the following:
$246,000, during the April 1st Council meeting, an acceleration of street light replacement
project was approved for replacement of light fixtures throughout town. Budgeted
expenditures would increase by this amount.
Town Council Meeting Minutes of April 15, 2014 Page 3
$25,000 is requested for additional conceptual design, program analysis and potential legal
costs should the town continue plans for a municipal site redevelopment.
$7,550 is requested to supplement the $5,000 originally budgeted in 2014 for the Chamonix
Housing Market study. Earlier this year the town contracted with Rees Consulting for this
work.
With no further questions or comments, Moffet moved to approve on second reading Ordinance
No. 10, Series 2014 as read; Rogers seconded the motion. There were no public comments.
The motion passed unanimously 7-0.
The eighth item on the agenda was adjournment. There being no further business to come
before the council, Rogers moved to adjourn with a second from Moffet. The motion passed
unanimously, 7-0 and the meeting adjourned at 7 p.m.
Attest:
Respectfu bmitted,
Andr w P. Daly, Mayor C)
Town Council Meeting Minutes of April 15, 2014 Page 4
Vail Town Council Meeting Minutes
Tuesday, May 6, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz
Margaret Rogers
Greg Moffet
Jenn Bruno
Members absent: Dale Bugby
Dave Chapin
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
Tammy Nagel, Legal Assistant
The first item on the agenda was Citizen Participation. There were no comments at this time.
The second item on the agenda was the Consent Agenda.
1) Minutes from April 1, 2014 meeting.
Moffett moved to approve the minutes; Ludwig seconded the motion and it passed unanimously
(5-0).
2) Minutes from April 15, 2014 meeting.
Moffett moved to approve the minutes; Ludwig seconded the motion and it passed unanimously
(5-0).
3) Proclamation No. 2 declaring the month of May 2014 as "Building Safety Month."
Martin Haeberle, Chief Building Official, addressed the Town Council with the proclamation and
an update about an upcoming appreciation luncheon TOV Community Development would be
hosting. Haeberle hopes to provide an opportunity for those in the industry to interact with the
community in a regional social environment that might help create more awareness for building
codes and safety priorities. Moffett moved to approve Proclamation No. 2 and Rogers
seconded the motion. The Council unanimously approved the motion (5-0).
4) Proclamation No. 3 declaring May as National Physical Fitness and Sports Month as
sponsored by Colorado Governor's Council for Active and Healthy Lifestyles
The proclamation was read in full by Moffet. Kurz moved to approve Proclamation No. 3 with a
second by Moffet. The motion was unanimously approved (5-0).
There was recognition of Town Manager Stan Zemler's birthday at this time.
Town Council Meeting Minutes of May 6, 2014 Page 1
5) Parking Equipment Contract.
Council inquired about the status of keeping "car counts" in the parking garage so the general
public could check Vail's website for parking updates. Transit Manager Mike Rose noted that
currently estimates are provided by showing the percentage of spaces left in the structures.
Rose estimated another $200,000 to the contract price to include the ability to provide directions
to vacant spaces within the parking structures. After some discussion council agreed this would
be too costly and the information currently provided would suffice. Moffet moved to direct the
Town Manager to execute the contract with Protection Tech at the current $600K price. Kurz
seconded the motion and it passed unanimously (5-0). There were no public comments.
The third item on the agenda was Town Manager's Report. Town Manager Stan Zemler noted
the east units of Timber Ridge Apartments had been vacated and the area had been roped off
with remediation efforts beginning immediately to remove the asbestos.
The fourth item on the agenda was an update on the 1-70 Vail Underpass. Town Engineer Tom
Kassmel presented another option to the new multimodal pedestrian and vehicular connection
that will be midway between Main Vail and West Vail exits, passing under 1-70. There was
further evaluation of 4 options and more specifically the 4th option of a Compact Roundabout
which is 30% smaller than traditional roundabouts with far less impacts on adjacent properties.
It was noted the underpass had been identified in the Vail Transportation Master Plan (VTMP)
and in the Colorado Department of Transportation (CDOT) 1-70 Programmatic Environmental
Impact Statement (PETS) as a critical link between the North and South Frontage Roads. The
Town and CDOT recently entered into a Letter of Commitment and an Inter -Governmental
Agreement (IGA) to jointly fund the design and construction of this project with an expected
completion date of December of 2017. CDOT, the Town of Vail, and the selected design
consultant, Felsburg, Holt & Ullevig (FHU), have begun the design process based on the
recently endorsed preferred location of the underpass. Rick Rejavec, engineer with FHU,
presented the options in more detail noting the three intersection configurations with a review of
pros and cons for each as described in the council packet memo.
✓ T Intersection with WB Bypass / T Intersection with EB Bypass
✓ T Intersection with WB Bypass / Single Lane Roundabout w/ Aux. Lane
✓ Single Lane Roundabout w/ Aux. Lane / Single Lane Roundabout w/ Aux. Lane
✓ Compact Roundabout / Single Lane Roundabout w/ Aux. Lane (new concept)
The criteria used by the project team to evaluate the options were reviewed as follows:
-Design Service Life 20 Years
• LOS D (Revised)
• Vail's Planning Objectives
• Safety (Vehicular, Bicycle, Pedestrian)
• Maintenance
• Access (Adjacent private property and community wide)
• Environmental Impacts (Noise, Light, Property, Water Quality, etc...)
• Aesthetics
• Scalability (Future capacity)
• Construction Cost, ROW, Duration
Town Council Meeting Minutes of May 6, 2014 Page 2
Kassmel noted that based on a review of the conceptual design layouts and the evaluation
criteria matrix, the design team recommended option 4, the Compact Roundabout / Single Lane
Roundabout w/ Aux. Lane. This option would provide for current and future traffic needs, is an
intersection configuration that is familiar within Vail, provides the safest intersection
configuration, provides the least encroachment into private property, and will provide an
aesthetically pleasing design for Vail. There was further discussion about option 4, the
Compact Roundabout, and noted by CDOT they would agree to continue funding the project
whether or not it is a compact roundabout. Mayor Daly asked for public comment with input
from the following people:
✓ Charlie Calcaterra, Simba Run Homeowners Association, complimented all those involved in
the process and noted there had been cooperation from property owners, Vail staff and the
project team of engineers, noting their support was with the compact roundabout option.
✓ Bill Pierce, Simba Run homeowner, thanked the engineering team that worked so hard to
get an acceptable solution.
The Council noted a job well done to all involved and thanked CDOT and the neighborhood
residents as well. There was unanimous Council and public approval for staffs
recommendation to move forward with option 4, the Compact Roundabout / Single Lane
Roundabout w/ Aux. Lane.
The fifth item on the agenda was consideration of Phase II of the Town of Vail's Facility Wide
Energy Conservation Project through use of LED lighting technology, supported by Holy Cross
Energy's Think BIG Grant. Public Works Director Greg Hall presented the topic with highlights
taken from the packet memo noting that there is a continuing effort to meet the Town of Vail's
adopted sustainability goal of reducing the town's 2006 baseline energy consumption and
greenhouse gas emissions by 20% by 2020. The conversion of the town street lights alone did
not meet the savings requirements of the Think BIG grant, so in order to meet the requirements;
Illuminex recommended upgrading current fluorescent facility lighting in addition to street
lighting to LED technology. Hall provided updates about rebates, energy savings, grants
update, return on investment, etc. Moffet moved to direct staff to finalize the neighborhood
streetlight design and enter into a contract for Phase II of the Facility - Wide Energy
Conservation Project up to $543,868, and to supplement the budget up to $156,981 additional
dollars from the capital projects fund balance. Ludwig seconded the motion and it received
unanimous support (5-0). No public comments were made.
The sixth item on the agenda was First reading of Ordinance No. 11, Series of 2014, an
ordinance repealing and reenacting the approved development plan for Phase III of Special
Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate
additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village
Inn, Phase III) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
At this time Kurz disclosed he and the project architect serve on a board together in Beaver
Creek. It was determined there was no conflict of interest on this agenda matter. Planner
Jonathan Spence presented the application noting that Vail Village Inn Phase III is proposing to
add about 792 sq. ft. of GRFA to units 501 and 502; he noted that PEC recommended approval
of Ord. No. 11. There were some questions related to whether or not the applicant was
providing public benefit to the community with the amendment to the project, such as employee
housing or parking. The applicant: Deltec Bank and Trust represented by Don Eggers, the
architect on the project, noted the roof improvements were considered the community benefit.
Town Council Meeting Minutes of May 6, 2014 Page 3
There was some discussion about whether or not this would suffice as enough benefit for the
broader community. Staff highlighted as stated in the memo, the scope of the project did not
necessitate considerable benefit as the adverse effects presented as a result of the amendment
were in fact negligible, and noted the materials used in the roof improvements were adequate
as the "benefit." It was agreed that the subject matter might deserve more study in light of some
of the concerns raised. Kurz moved to approve Ordinance No 11, Series of 2014, with the
following conditions:
1. This SDD major amendment approval is contingent upon the applicant obtaining Town of
Vail approval of the associated design review application, including compliance with Sec.
14-10-5 Building Materials and Design, Vail Town Code,
2. The applicant shall mitigate the employee generation impact created by the addition of 792
square feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary
Zoning, Vail Town Code. The applicant shall make the required fee in lieu payment to the
Town of Vail prior to the issuance of any building permit.
3. The applicant shall receive and submit in conjunction with the building permit, all applicable
Colorado Department of Transportation approvals for all impacts to the South Frontage
Road East, including construction staging, if necessary.
4. The applicant shall amend the recorded condominium map to reflect the increase in floor
area and space designation, prior to requesting any certificate of occupancy inspection.
5. The applicant shall replace the three (3) existing street lights located along the Frontage
Road with Town of Vail street lights per Public Work's specification. The location of the
streetlights is depicted in the Streetlight Exhibit, included as Attachment C to the May 6,
2014 PEC130046 Town Council Memo. The number of new fixtures shall be determined by
the Director of Public Works and will not exceed three. The new street lights shall be
installed prior to requesting any certificate of occupancy inspection.
Rogers seconded the motion and it passed with a 4 to 1 vote (Moffet opposed).
The sixth item on the agenda was the consideration of Resolution No. 16, Series of 2014 A
Resolution Approving the Purchase of Property in the Town of Vail Legally Described as Unit
11, Vail Heights Condominiums, Eagle County, Colorado with a Physical Address of 2079
Chamonix Lane No. 11, Vail, Colorado; and Setting Forth Details in Regard Thereto. Both Nina
Timm, Housing Coordinator, and Krista Miller, Human Resources Director, described the status
of this situation with an opportunity to purchase a unit which was deed restricted. Their request
was to purchase the property for rental use for critical and essential service employees
(emergency & police personnel). It was noted that a married couple who are both town
employees are interested in the unit. The historical information showed that on September 7,
2007 the town deed restricted unit No. 11, Vail Heights Condominiums. The deed restriction
included a three percent annual price appreciation cap and additional language that the
occupant of the unit shall be a full time employee of the town and their families. In 2007 the
town sold the unit to one of its full time employees. That employee had owned the unit and lived
in it since then. At the end of February 2014 that employee purchased a Vail Commons two-
bedroom unit and listed the Vail Heights unit for sale. The town actively sought another town
employee to purchase the one -bedroom unit. At this time no town employees have come
forward to purchase the unit, while in the past year the town has seen an uptick in demand from
its employees for rental units. One -bedroom rental units constantly have the highest demand
from a renter perspective. Staff recommended the council approve Resolution No. 16, Series of
2014 based on some of the following reasons:
✓ The unit was purchased to house Town of Vail employees
✓ Rental demand is increasing
Town Council Meeting Minutes of May 6, 2014 Page 4
✓ Demand for one -bedroom rental units is strongest
✓ The unit has been recently renovated, has sufficient parking and is well located
✓ The town can choose to sell the unit at a later time, maintaining the deed restriction
The purchase price was identified as $212,548. Moffet moved to approve Resolution No. 16,
Series of 2014. Rogers seconded the motion and it passed unanimously (5-0).
The eighth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn with a second from Kurz. The motion passed
unanimously, 5-0 and the meeting adjourned at 7:30 p.m.
Attest:
�7
Town Council Meeting Minutes of May 6, 2014 Page 5
Vail Town Council Meeting Minutes
Tuesday, May 20, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present:
Members absent
Andy Daly, Mayor
Greg Moffet
Jenn Bruno
Dave Chapin
Dale Bugby
Ludwig Kurz
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was the 2014 Youth Recognition Awards. Mayor Andy Daly
presented these awards to Eva Hutchinson — Battle Mountain High School and Anthony "Clay"
Kirwood — Vail Mountain School. He noted that the purpose of the awards was to recognize and
reinforce outstanding achievement by youth of the Upper Eagle Valley, both for their individual
achievements and as role models for their peers.
The second item on the agendas was Citizen Participation. There were no comments at this
time.
The third item on the agenda was the Consent Agenda.
1) Easement Vacation at 2754 Snowberry Drive
Staff suggested vacating this portion of the Roadway, Parking and Utility Easement with the
condition that all other applicable utility agencies also agree to vacate the easement. Moffet
moved to approve the consent agenda with a second by Bruno. The motion was unanimously
approved (5-0).
The fourth item on the agenda was the Town Manager's Report which included a request from
the Eagle Air Alliance group, including President Mike Brown & Vail Valley Partnership (VVP)
Director Chris Romer, inviting a couple of Vail Town Council members to join them in
discussions about plans for growing their services and funding opportunities. Councilors Moffet
and Bruno volunteered to serve in this capacity with EGE. He also noted the Vail Valley
Medical Center provided a master plan update at the work session earlier as well as at a
Planning & Environmental Commission last Monday. It was noted that there was a request for
Town Council Meeting Minutes of May 20, 2014 Page 1
additional parking and maybe a public / private parking scenario would be reviewed. This topic
would receive multiple public hearings for citizen input and would likely be scheduled in July.
The fifth item on the agenda was an update regarding the outcome of the April 24
neighborhood planning meeting for Booth Creek Park. Todd Oppenheimer, Project Manager,
spoke about two possible philosophical approaches the Council could take in selecting the
design for Booth Creek Park. He spoke about the first one as a direct response to the
neighborhood input as the primary users of the facility. In this approach the town -wide park
system and community demand is considered to a lesser degree than those of the
neighborhood. This approach acknowledges Booth Creek Park as a public space dedicated to
the town by the developer and intended to serve the needs of the neighborhood. He then spoke
about the second approach as a park system -wide approach looking to fill demand for
recreation activities that are currently under provided in the community. In this approach the
neighborhood desires are considered; however; the larger needs of the community are equally
important. He reviewed staff's recommendations noting that an approach that favors the
neighborhood in the design of Booth Creek Park. The property was dedicated to the town for the
benefit of the neighborhood and the small, 3 acre site does not lend itself to fulfilling community
park needs. Staff recommended the Council consider the following lists for elements to include
and to discard in subsequent options for the development of the park. On the 3 acre Booth
Creek Park site additional prioritization included park elements may be required to avoid over-
development and possibly exceeding budget allocations.
Elements to Include:
:1 Single tennis court.
:1 Half court basketball/multiuse court with a rebound wall.
:1 Artist inspired, natural playground.
:1 2 -stall, 3 season public restroom.
:1 Picnic shelter.
:1 Small informal amphitheater space.
:1 Paved pedestrian path, looped through the park.
:1 Soft surface interpretative nature trail through Tract B.
:1 Limited number of fitness course equipment.
:1 Other small elements such as horseshoes, tether ball, etc.
:1 On -street parallel parking.
Elements to Discard were noted as follows:
D Pickleball courts.
:1 Bridge crossing Booth Creek.
:1 Modifications to Booth Creek streambanks.
:1 On-site parking.
:1 Skate park.
Public input was received at this time and several community members provided input as
follows:
■ Joe Rink, resident, supported the nature of a neighborhood park with a request for two
pickleball courts to be included.
■ Art Abplanalp, representing the Carnie family, thanked Council for evaluating the input from
the neighborhood noting the park does need some attention. His clients were supportive of
staff's list and conclusions and noted that they agreed there is a need for pickleball courts,
but did not support it at the Booth Creek Park location.
Town Council Meeting Minutes of May 20, 2014 Page 2
Peggy Nicholls, resident, appreciated the park improvements hoping to keep it as a low key
gathering place. She also expressed concern with having meetings during the off-season
noting that no one was around to attend the meeting or give input. She suggested they wait
on any final decision until more people can participate in the process.
Penny Turillo, resident, thanked staff for holding the meetings and providing for
recommendations that support the neighborhood. She preferred that more "study" be
completed on sound impacts and hoped that a berm or sound barrier would be included in
the improvements.
With this public input and after further Council discussion, the following next steps were
identified:
■ Engage Recreation Subcommittee and Vail Recreation District to help in providing
suggestions as to where a good location might be for the pickleball courts.
■ Include the bridge in the improvements with necessary engineering study.
■ Follow up meetings with the neighborhood and those parties interested in finalizing the park
improvements
Council directed staff to work with the Vail Recreation District and Recreation Subcommittee to
continue reviewing the opportunities listed for park improvements and to assist with evaluating
the community's request for pickleball courts and finding the "right" location. Mayor Daly
thanked community members for their participation and input in the process.
The sixth item on the agenda was a presentation of the Draft Market Analysis — Chamonix For -
Sale Housing Study. George Ruther, Community Development Director, noted the Town of Vail
acquired the Chamonix Parcel with the expressed intent of developing deed restricted housing
on the site and that a master plan for the development of the site has been completed and
adopted by the Town Council and previous market studies have been prepared. In January of
2014, the Vail Town Council instructed staff to coordinate the completion of an update market
study for the Chamonix Parcel. The updated study was completed and presented by Melanie
Rees, Rees Consulting, Inc., and is to be used to guide future decision making with regard to
the potential for development on the site. The presentation included a summary of the purpose
of the study, an overview of the current master plan for the site, a locational analysis, area
demographic and economic information, a rental market overview, summary of current market
conditions and demand estimates, competitive analysis and information on mortgage
availability. The presentation ended with a series of conclusions and recommendations for
Town Council's consideration based upon information contained within the study. She spent
considerable time highlighting the results of the study. After the presentation, Town Council
provided the following input:
✓ Review the question and assumptions again.
✓ Review policy objectives again.
✓ What is the current demand for housing?
✓ What market is Vail trying to attract? Families?
✓ Is it time to look at a model that has fewer units that are larger with less overall density?
✓ What square footage do families require?
✓ Is structured pricing part of the program again?
✓ Need housing options that help retain residents.
✓ Preview what has been done in Frisco and Breckenridge.
✓ What model should be used with developers?
✓ Are there public/private partnership opportunities?
Town Council Meeting Minutes of May 20, 2014 Page 3
✓ How can schools help retain community?
The public was invited to comment at this time. After much discussion about the study and
potential future housing needs there were some next steps identified as follows:
1) Community Development staff to facilitate a work session that would focus on addressing
and discussing overall housing strategy for the future;
2) Identify and address each housing market segment;
3) Analyze and identify more exemplary sites so that future site visits can be arranged to help
in providing examples that are working;
4) Contact and include Vail Board of Realtors in the discussion;
5) Include the Vail Local Housing Authority in the discussion as well.
The seventh item on the agenda was the request for additional antenna system nodes from
Crown Castle International in order to help improve signals in certain areas of Vail. Ron
Braden, IT Director, presented the request along with an update on the project. He noted that
while construction has already begun on the remaining 23 DAS nodes, Crown Castle requests
an additional six nodes in order to accommodate Verizon's and Sprint's need for coverage, the
carriers who have recently signed on to provide service. So in light of new carriers, there is a
need for a third set of antennas to the seven poles. It was noted that council's objective has
been to offer world class cellular service in Vail, and if this can be accomplished before 2015,
that would be great. There were some comments about the visual impacts; however, overall
there was unanimous support to move forward with the request. Moffet moved to approve the
request for an additional 7 antenna nodes; Chapin seconded the motion and it passed
unanimously (5-0). There was no public input on the topic. There was a brief comment about
the related costs of the installation of the nodes.
The eighth item on the agenda was second reading of Ordinance No. 11, Series of 2014, an
ordinance repealing and reenacting the approved development plan for Phase III of Special
Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate
additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village
Inn, Phase III) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
Planner Jonathan Spence presented the application noting that Vail Village Inn Phase III is
proposing to add about 792 sq. ft. of GRFA to units 501 and 502; he noted that PEC
recommended approval of Ord. No. 11. The ordinance was approved on May 6th on first
reading. While there were questions at the last meeting about the public benefit offered as part
of the amendment to the development plan, most council members were satisfied with the fact
the roof would be redone serving as public benefit to the complex and town. Moffet did not see
the exchange as equitable since with the approval of the amendment the town was granting
property owners an additional $2M in property value. There was also additional information
presented in the council packet memo that addressed questions concerning parking
requirements for residential units in the vicinity of SDD No. 6, provided as Attachment B. Bugby
moved to approve Ordinance No 11, Series of 2014. It was requested by staff to include the
PEC conditions and findings with the motion; Bugby agreed to include conditions and findings
with the motion as follows:
PEC Conditions -
1. This SDD major amendment approval is contingent upon the applicant obtaining Town of Vail
approval of the associated design review application, including compliance with Sec. 14-10-5 Building
Materials and Design, Vail Town Code,
Town Council Meeting Minutes of May 20, 2014 Page 4
2. The applicant shall mitigate the employee generation impact created by the addition of 792 square
feet of GRFA in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town
Code. The applicant shall make the required fee in lieu payment to the Town of Vail prior to the
issuance of any building permit.
3. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado
Department of Transportation approvals for all impacts to the South Frontage Road East, including
construction staging, if necessary.
4. The applicant shall amend the recorded condominium map to reflect the increase in floor area and
space designation, prior to requesting any certificate of occupancy inspection.
5. The applicant shall replace the three (3) existing street lights located along the Frontage Road with
Town of Vail street lights per Public Work's specification. The location of the streetlights is depicted in
the Streetlight Exhibit, included as Attachment C to the May 6, 2014 PEC130046 Town Council
Memo. The number of new fixtures shall be determined by the Director of Public Works and will not
exceed three. The new street lights shall be installed prior to requesting any certificate of occupancy
inspection.
Council Findings -
1. That the special development district amendment complies with the standards listed Article 12-9A,
Special Development District, or that a practical solution consistent with the public interest has been
achieved.
2. That the special development district amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the development objectives of
the town; and
3. That the special development district amendment is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
4. That the special development district amendment promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious development of the town in a
manner that conserves and enhances its natural environment and its established character as a
resort and residential community of the highest quality."
Chapin seconded the motion and it passed (4 to 1; Moffet opposed).
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn with a second from Chapin. The motion passed
unanimously, 5-0 and the meeting adjourned at 8:00 p.m.
bmitted,
Attest:
P. Daly, Mayor
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Town Council Meeting Minutes of May 20, 2014 Page 5
Vail Town Council Meeting Minutes
Tuesday, June 3, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation.
1. Diane Johnson, ERWSD, noted a community meeting taking place Wednesday June 4 on
the state of the river.
2. Barbara Allen, Eagle County resident, spoke about her concerns with the passage of
amendment 64 and encouraged the town to prevent the sale of retail marijuana in Vail.
The second item on the agenda was the Consent Agenda.
1) Minutes from May 6, 2014 meeting
Moffet moved to approve the minutes with a second by Kurz. The motion was unanimously
approved (7-0).
2) Minutes from May 20, 2014 meeting
Moffet moved to approve the minutes with a second by Bruno. The motion was unanimously
approved (5-0- 2 abstained, Kurz & Brown not present).
The third item on the agenda was the Town Manager's Report which included the following:
1. Review proposed dates for touring housing projects in Frisco and Breckenridge; there was
agreement to tour the properties on July 8m
2. Town of Vail Recycling Rebate and Incentive Program update.
3. It was noted that a preliminary budget discussion was scheduled for the morning of
June 17th
The fourth item on the agenda was to appoint two members to the Local Licensing Authority.
Applicants Craig Arseneau and Michael Hannigan were interviewed at the work session.
Moffet moved to appoint Mr. Arseneau and Mr. Hannigan to serve on the Vail Liquor Licensing
Authority with a second by Kurz, (7-0).
The fifth item on the agenda was the presentation of the 2013 audited financial statements for
the Town of Vail. Some of the following 2013 financial statements highlights were reviewed by
Town Council Meeting Minutes of June 3, 2014 Page 1
Kathleen Halloran, Assistant Finance Director. In addition she noted that in accordance with
section 9.11 of the Vail Town Charter, an independent audit was made of all town accounts on
an annual timeline. The audit was conducted by certified public accountants and copies made
available for public inspection at the municipal building. The 2013 audit was conducted by
McMahan and Associates, LLC, and Michael Jenkins, C.A., CPA, and a principal of the firm,
was present to discuss some of the results and aspects of the audit to Council and the public.
■ Statement of net position
■ Statement of activities
■ Vail reinvestment authority tax increment financing
■ Timber Ridge Affordable Housing Corporation
■ Governmental funds
■ Proprietary funds
■ Capital projects fund
■ Vail Reinvestment Authority
■ Real Estate Transfer Tax Fund
■ Conference Center Fund
He noted his company's audit opinion was clean with no opinion. This is considered the highest
grade when rating Vail's financial reporting environment. There were some questions from
council members and then commendations to Vail's finance staff as well as all staff for their
commitment to producing clean financial statements as well as a fiscally conscientious
organization.
The sixth item on the agenda was a request to proceed through the development review
process with a proposal to construct an addition to the Colorado Ski and Snowboard Museum
on the Town of Vail owned Vail Village parking structure, located at 231 East Meadow
Drive/Tracts B and C, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
Joe Batcheller, Planner, presented the details of the request as more specifically a single story
330 square foot addition to the south of the existing fagade. There were some conceptual
pictures shown that helped to show the idea is to increase the visitor flow to the exhibit rooms
and this would be circular with retail space moving to a different location. There were several
letters of support received from Kent Erickson, Andy Franklin and Steven Waterhouse. There
was clarification that this action would only give approval to proceed through the process and
would not be any commitment to funding the project. Public input was heard from several
people who supported the improvements Jamie Duke, Board Chairman, and Chris Jarnot, Vail
Resorts, Inc. Moffet moved to approve and the motion was seconded by Kurz and unanimously
approved (7-0).
The seventh item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn with a second from Kurz. The motion passed
unanimously, 7-0 and the meeting adjourned 6:50 p.m.
Respectfully Submitted,
Town Council Meeting Minutes of June 3, 2014 Page 2
Vail Town Council Meeting Minutes
Tuesday, June 17, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation.
■ Alison Wadey, Executive Director for Vail Chamber & Business Association, noted a
July 1 S` business meeting from 9:00 to 11:00 am with updates to be presented by Town of
Vail Mayor Daly and Vail Valley Foundation at the Sebastian. All are invited to attend.
The second item on the agendas was the Consent Agenda.
1) Award Elam Construction Contract to complete Potato Patch Drive overlay project by
authorizing the Town Manager to execute the agreement
Council comments included apprehension from Daly and Rogers about the need for the overlay
project to be completed and a request to ensure that it was coordinated with the other
construction projects going on in Potato Patch. Moffet moved to approve the consent agenda
with a second by Kurz. The motion was approved. (5-2; Rogers and Daly opposed).
2) Resolution No. 19, Series of 2014, Amending the Town of Vail Records Policy
Matt Mire, Town Attorney, noted that the resolution was presented in an effort to ensure
compliance with recently passed legislation, HB 1493, that changed some of the research and
retrieval aspects of open records requirements. Moffet moved to approve the resolution on the
consent agenda with a second by Kurz. The motion was unanimously approved (7-0).
The third item on the agenda was the Town Manager's Report; there was nothing reported at
this time.
The fourth item on the agenda was an update on the pickle ball status as presented by Michael
Ortiz, Vail Recreation District. He addressed the current tennis and pickle ball program/open
play at Ford Park and Golden Peak and 2) the facility needs for tennis and pickle ball
programming at Ford Park and Golden Peak. In summary it was noted that VRD is not in any
need for pickle ball courts at Booth Creek Park and they would support a tennis court at that
Town Council Meeting Minutes of June 17, 2014 Page 1
location. There was some discussion about the following court striping for both tennis & pickle
ball and use of Golden peak courts for pickle ball where there have been no issues. Mayor Daly
asked for public input:
■ Susie Tjossem, resident, requested that tennis courts not be sacrificed by pickle ball users
and spoke about clay court protocol and maintenance. She indicated there may be a need
to provide for a pickle ball court solely and not combine the two types of play on one kind of
court.
■ Joan & Jack Carnie, residents of Booth Creek, spoke about their neighborhood and park
with support to keeping the park a natural park but acknowledging the growing popularity of
the pickleball sport and finally requesting that that court location not be at Booth Creek Park
and not too close to neighborhoods as it is too noisy.
Mayor Daly noted the town will continue to take feedback on the topic with a pending decision
about Booth Creek Park improvements in the near future. It was noted the recreation
subcommittee would be meeting on Wednesday with another neighborhood meeting to take
place in July.
The fifth item on the agenda was the Wall Street Building Appeal as presented by Warren
Campbell, Community Development. He noted the applicant requested the Vail Town Council
continue this appeal to the July 15, 2014 meeting date. An update was presented that the
applicant is appealing, pursuant to Section 12-3-3, Appeals, Vail Town Code, a final decision of
the Town of Vail Planning and Environmental Commission that occurred on May 12, 2014,
which denied a request for a major exterior alteration, pursuant to Section 12-713-7, Exterior
Alterations and Modifications, Vail Town Code, to allow for the construction of additions to the
Northeast corner of Wall Street Building, located at 225 Wall Street/Lots B&C, Block 5C, Vail
Village Filing 1, and setting forth details in regard thereto. (PEC140010) Moffet moved to
continue the appeal on this item until the July 15th meeting with a second by Kurz. The motion
was approved (6-1 with Chapin abstaining due to a conflict).
The sixth item on the agenda was the presentation of the 2014 Community Survey Results
from Chris Cares, RRC Associates, who reviewed their final report with the results of the survey
including benchmark comparisons, community priorities, as well as comments and suggestions
related to the Town Council areas of focus. Suzanne Silverthorne shared the name of who won
the gift certificate for completing the survey as Bob Oppenhimer. The Town Council and
audience was reminded the Vail Community Survey serves as a key measurement used to
probe public policy issues and solicit feedback on other topics of community interest and is used
to measure the town's operational performance. The survey has been conducted every other
year; the 2014 survey was fielded in late -March with responses collected through May 16.
Mayor Daly commended town staff for the very high results that were achieved regarding the
services provided to the community and thanked RRC Associates for excellent work on the
survey.
The seventh item on the agenda was a public hearing and update about the town's policy on
the operation of recreational marijuana establishments in the town as presented by George
Ruther, Community Development. He presented some information about Amendment 64 — use
and regulation of marijuana, the town's historical response to the amendment, the working
group's approach to reviewing the topic, and a quick recap of the many questions still not
answered on this topic. The working group was described not as an advisory group that would
make recommendations, but rather a group that has convened to identify questions & answers if
Town Council Meeting Minutes of June 17, 2014 Page 2
possible surrounding the topic. The goal was not to get the group to consensus and the group
was asked to identify questions they want answered. Council comments were heard as follows:
✓ Some community input showed support for West Vail as the better location for such retail
sales
✓ Community results are somewhat age driven and residents driven in terms of support or
opposition
✓ Some support to extend the ban another year to gather more information and take time to
observe communities that have implemented approval for the sales
✓ Some would prefer to address the topic more timely than wait another full year
✓ Support to gather more input from law enforcement agencies, medical facilities and schools,
tourists and lodging groups
✓ Would the state's liquor regulations on licensing, sale and use work similarly on the
enforcement of this product
✓ Oppose any type of "grow houses"
✓ Need to address the "edibles"
Mayor Daly asked for public input at this time.
■ Barbara Allen, Eagle County resident, provided handouts for the town council that
addressed the wellness & public safety concerns noting that she does not support the retail
sale of marijuana
■ Allison Wadey, Vail Chamber & Business Association, provides results of a survey
conducted noting that education on this topic was the most requested item in the survey
■ Paul Roudeau, resident, provided his input noting it is a difficult situation and he supported
the use of a working group and finally there may be a place for medical marijuana as
promoting "wellness" for those who are in need of pain relievers. He also asked that the
town create a handout to give guests that would educate them about the topic.
Rogers moved to direct the Town Attorney to draft legislation that would extend the moratorium
until July 2015. Bugby seconded the motion and it unanimously passed (7-0). There was a
Council request to create some publications that would help the community and guests better
understand the rules and regulations associated with Amendment 64. It was agreed that
another update might be necessary toward the end of 2014. Rogers' complimented staff and
the working group for their efforts and encouraged them to continuing gathering data and
evaluate what might be the best scenario for the community.
The eighth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bugby seconded. The motion
passed unanimously, 7-0 and the meeting adjourned 8:00 p.m.
Respectfull bmitted,
R&P. Daly, M
ny, T er
ry .EAL
Town Council Meeting Minutes of June 17, 2014
Page 3
Vail Town Council Meeting Minutes
Tuesday, July 1, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation with the following input:
Paul Rondeau, resident, requested the council consider reinstating a brochure that was
created a few years ago which provided information about public input and meeting
protocols. He also suggested the brochure/flyer address what "follow up" occurs with public
input, questions or concerns. There was full support to move forward with this request; staff
was asked to follow up. He also spoke about creating a card/brochure to distribute to
businesses, visitors and community that would address the current state of affairs related to
marijuana.
The second item was the Consent Agenda as follows:
1) Council Meeting Minutes from June 3, 2014
Bugby moved to approve the minutes; Kurz seconded the motion and it passed unanimously
(7-0).
2) Council Meeting Minutes from June 17, 2014
Bugby moved to approve the minutes; Rogers seconded the motion. Mayor Daly requested that
more detail be provided with regard to public testimony presented during the marijuana
discussion from that evening. The motion passed unanimously with an amendment to the June
17 minutes that would include the detail of the public input (7-0).
3) Award for Town of Vail Wayfinding and Signage Contract
Moffet moved to approve awarding the contract for wayfinding and signage to Ad Light & Sign,
the lowest bidder, in an amount not to exceed the $260,481 and to approve the purchase of
VMS signs in the amount of $97,100. Rogers seconded the motion and it passed unanimously
(7-0).
The third item on the agenda was the Town Manager's Report which included an update about
the July 4th America Day's parade and town council's participation in the festivities.
The fourth item on the agenda was an interview with James Wilkens, the only applicant for the
Vail Local Housing Authority vacancy. James Wilkens addressed the council with his interest to
Town Council Meeting Minutes of July 1, 2014 Page 1
J
serve on the housing authority. Council member's thanked him for First Bank's long term
participation with the town's local housing authority board. Chapin nominated James Wilkens to
serve on the Vail Local Housing Authority; Bugby seconded the motion and it was approved
unanimously (7-0).
There were two additional items raised, 1) the employee luncheon scheduled to thank
departments for their high scores on the community survey, 2) the Summit County housing tour
scheduled for Tuesday, July 8, 2014.
The fifth item on the agenda was an update from the Vail Valley Foundation's Ceil Folz for two
events, 2015 World Alpine Ski Championships and the USA Pro Cycling Challenge.
2015 World Alpine Ski Championships beginning February 2 - 15, 2015:
Some event planning highlights were presented by Ceil Folz as follows:
✓ Description of event venues and holding opening ceremonies at the Solaris Plaza rather
than Golden Peak to accommodate more attendees
✓ Noted evening awards will be held at Solaris Plaza
✓ Displayed the racing bibs noting that there will be more countries and numbers of racers
✓ Information about including cheerleading groups
✓ Updated about the Nation's Team and Legends events to be held in Vail
✓ Information about creating a kind of "college game day" approach to the championships
✓ Noted that merchandise sales are doing great
✓ Working towards a "paper free environment" with marketing, etc., and thanked Vail for their
efforts and support
✓ Previewed the sample 2015 marketing video
✓ Presented update on lodging and teams as well as the hospitality houses which have been
confirmed for many of the countries
✓ Information about the Colorado Children's Choir who will be present to sing the anthems
each night
USA Pro Cycling Challenge on August 23, 2014
Some event planning highlights were presented by Adam Lueck as follows:
✓ Includes the Vail time trial race on Saturday, crowds are expected to be very good (25% to
50% higher than last year)
✓ Community will receive marketing information about race impacts, especially East Vail
residents
✓ Looking for some activation for Friday evening
Some Council input included questions about:
Food vendors: it was noted that this will look like the first year's event including food &
concessions on Meadow Drive and top level of transit center; this change was made because it
seemed to work better in responding to the numbers of attendees.
TV coverage: requested that coverage include much more focus on Vail areas and not 1-70.
Lodging Packages: were there special lodging packages being marketed; it was noted that VVF
was becoming more active with this marketing.
Tour name to include Colorado: it was noted that the name will likely continue in its current form
which speaks to all of the United States; however there is no intent to move the race out of
Colorado.
Town Council Meeting Minutes of July 1, 2014 Page 2
. . JW
At this time Ludwig Kurz expressed his condolences to the family of Stan Bernstein who
recently passed away. Mayor Daly acknowledged his tenure as Vail's first finance director and
his many years serving Eagle County.
The sixth item on the agenda was first reading of Ordinance No. 12, Series of 2014, An
Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to
Section 16 of Article XVIII of the Colorado Constitution (Amendment 64). Town Attorney Matt
Mire presented this ordinance noting the Town Council previously adopted a temporary ban until
July 31, 2014, to allow town staff to study the effects of such marijuana establishments. It is
suggested that additional time is still necessary to gather more information and to study the
impacts of marijuana establishments in Town. Ordinance No. 12, Series of 2014 extends the
temporary ban on the location or operation of marijuana establishments in the Town until August
4, 2015. Rogers moved to approve Ordinance No. 12; Bugby seconded the motion. There
were some comments from Moffet who was concerned about voting yes on the ordinance and
who suggested that staff review the "pot delivery" aspect since this is an active environment in
Vail. He also encouraged that the topic be reviewed frequently throughout the next year with
review being done on neighboring resorts, Breckenridge and Aspen. It was noted that zoning is
used to limit this use and certain aspects of this use are difficult to enforce. Chapin noted some
concern about potential lost revenue; Bruno thought the topic would be good to review on their
tour to Aspen; Kurz requested at least two more years of review before making final
determination; Bugby requested another vote be made before the next terms are up; Moffet
preferred a ban on all other marijuana uses. Mayor Daly asked for public input and there was
none given. The motion was approved unanimously (7-0).
The seventh item on the agenda was the DRB/PEC update as presented by George Ruther,
Director of Community Development. There were two questions as follows:
1) Bugby asked about the fence approved for Vail Mountain School since these kinds of
approvals are not typical in Vail. It was noted the fence was likely for their athletic fields, but
they would follow up with an email.
2) Daly asked about Betty Ford Alpine Gardens Education Center and its approved uses and
proposed uses and how this will tie in with Vail Nature Center. Ruther explained the Nature
Center serves only an educational facility.
The eighth item on the agenda was the information updates and there were no comments
made.
The ninth item on the agenda was the Matters from the Mayor, cil and Committee reports
as follows: '" M
Chapin thanked Mayor Daly for his report and particip fT2' ` it mber & Business
Association meeting and informed them that this grou ping to be�o more active with
the business community ;
Rogers presented an update about her attendance at t&Vn s health w ness program as
exceptional with an excellent speaker who spoke abo st44g hgip a challenges, etc.
She encouraged council members to get involved with this ..�p�
Daly also endorsed that council should become active in this program, noting that some of the
more recent presentations he has heard express that Colorado has been at risk for some health
and obesity issues.
Town Council Meeting Minutes of July 1, 2014 Page 3
Bugby spoke about the progress being made on the topic of the vacation rental program noting
that a presentation would be made on July 15tH
Kurz presented an update on Channel 5 Community Television board meeting. He noted that
the operational and financial status have greatly improved with this organization. They are
looking to develop a marketing plan as well.
Moffet noted that he and Bruno attended the EGE Air Alliance meeting with an update about the
Toronto flight and necessary funding it will need in order to guarantee for next season.
Moffet also attended a mountain bike alliance meeting joining Avon and Eagle representatives.
He spoke about funding mountain bike trails to create a mountain biking system that could help
extend Vail's lodging season. Gregg Barrie, staff on this topic, also spoke about some trails that
Vail could build that would speak to the beginners and intermediate bikers, which would also
support the trails inventory.
Bruno highlighted the work of the intern for the marketing district, Benjamin Solomon, who has
created some social media output on behalf of Vail. His work highlights a great deal of what is
happening in Vail.
Daly also noted that the Vail Chamber and Business Association is a revitalized organization
and he wants to help them get going and activated & will work with Allison for feedback and help
in ggetting the business community feedback. He also spoke about the celebration of the new
18t hole.
The tenth item on the agenda was the executive session and at 7:35 pm Moffet moved to
convene into 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; to receive legal advice on
specific legal questions; and to determine positions, develop a strategy and instruct negotiators;
Regarding: alignment of Town of Vail bike paths. Rogers seconded the motion and it passed
unanimously (7-0). Upon convening back to regular session, it was noted that the only topic
discussed was that reflected on the agenda and for the record there were no concerns noted
that the session included any other matters not included in the motion.
The eleventh item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bugby seconded. The motion
passed unanimously, (7Weeting adjourned 8:00 p.m.
'"*•�Respectfully Submitted,
rN
Attest:
("**%.,, Andrew P. Daly, Mayo
c
ny,
Town Council Meeting Minutes of July 1, 2014 Page 4
r
Vail Town Council Meeting Minutes
Tuesday, July 15, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation.
1. Dick Clyde resident of Palm Beach and serving on their City Council, spoke about 1) the
informal dress code, 2) the difference in meeting times, evening vs. afternoon, and
3) missing bench at Spruce Way for a westbound bus stop. His daughter who lives in Vail
made note of this missing bench at that location.
2. Marion Curtin, supporter of the West Vail community garden, thanked town council for all
their support.
3. Jonathan Levine, owner of Hummers of Vail, encouraged council to support the operation of
limousines for the 2015 championships and spoke about the growing popularity of the uber
services offered around the country. He asked the town council to support this kind of
transportation service as a viable option in Vail.
4. Kevin Foley, resident and former council member, spoke about VRD's celebration next
Tuesday for the new 18th hole; he invited the public to invited. He also asked them for
support of the Children's Hospital bike ride and thanked them for the triple bypass bike ride
support.
The second item on the agendas was the Consent Agenda as follows:
1) Resolution No. 20, Series of 2014, VLMD Supplemental Budget
Moffet moved to approve the consent agenda, Resolution No. 20; Kurz seconded the motion
and it passed unanimously (7-0).
The third item on the agenda was action as a result of the executive session. Town Attorney
Matt Mire noted the topics discussed at the earlier executive session and the following motions
were made:
1. Regarding the Timber Ridge redevelopment proposal —
Moffett moved to authorize Town Manager Stan Zemler and staff to continue negotiations with
Gary Gorman and Jen Wright and to bring back proposed modifications to the current lease
Town Council Meeting Minutes of July 15, 2014 Page 1
structure for the Council's consideration and eventual public discussion. Kurz seconded and the
motion passed unanimously (6-1; Bugby nay).
2. Regarding Lot 10 (adjacent to WMC) —
Moffett moved to authorize Town Manager Stan Zemler to obtain an appraisal of Lot 10. Kurz
seconded and the motion passed unanimously (7-0).
3. Regarding the possible use of the Town's municipal parking lot and current Community
Development site in Vail Valley Medical Center Master Plan (WMC) —
Moffett moved to authorize the Town Manager Stan Zemler and staff to continue negotiations
with WMC and to further analyze opportunities regarding possible use of portions of the Town
municipal site in the WMC master plan for parking and for other uses. Kurz seconded and the
motion passed unanimously (7-0).
The fourth item on the agenda was the Town Manager's Report; there was nothing reported at
this time.
The fifth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town
Code, of the final decision of the Town of Vail Planning and Environmental Commission on May
12, 2014, denying a request for a major exterior alteration, pursuant to Section 12-713-7, Exterior
Alterations and Modifications, Vail Town Code, to allow for the construction of additions to the
northeast corner of Wall Street Building, located at 225 Wall Street/Lots B&C, Block 5C, Vail
Village Filing 1, and setting forth details in regard thereto. (PEC140010) Dave Chapin recused
himself from consideration of this item due to a conflict of interest on the matter related to
leasing space in the building. Presenters for this matter included Bill & Meg Hanlon,
representing MECO, LLP and Mark Sumon, architect for the project as well as Warren
Campbell, Community Development staff. Mayor Daly summarized that the Planning and
Environmental Commission denied the request for a major exterior alteration or modification, to
construct new commercial floor area on the first floor at the northeast corner of the Wall Street
Building, by a vote of 4-3-0. It was noted that the action requested of council included
consideration of the information provided by the appellants, and hearing on the merits of the
appeal, and then a decision to either uphold, uphold with modifications, or overturn the Planning
and Environmental Commission's May 12, 2014, decision. The procedural criteria for the
appeals process was identified in the packet memo and creates the structure of how the
information is provided and considered by the town council. The historical decisions and
conditions made in reference to this project and application were also outlined in the packet
materials, which have occurred through 2013 and year to date 2014. The last action was on
June 17, 2014, when the Vail Town Council continued this item to the evening's July 15, 2014,
public hearing. Bill & Meg Hanlon and Mark Sumon spoke on behalf of their application. There
were some general questions and comments made by town council members. Mayor Daly
asked for public input and the following persons spoke about this appeal as follows:
Dan Wolf, attorney representing Wall Street Condominium Association, expressed the
Association's full support of the application in its current design as it is in the best interest of
the owners of the property, both residential & commercial owners. There was concern
expressed that if this redevelopment did not get approval now, improvements would never
get completed. He asked for their support of this particular application.
John Brennan, Vendettas owner, has reviewed the application and pictures of the view
corridors, and does not see any issues with this application. He encouraged council
members to support this project.
Town Council Meeting Minutes of July 15, 2014 Page 2
a
Paul Gotthelf, real estate agent, encouraged the council member's support approval of the
plan as the property so very badly needs to be redeveloped. He doesn't see that saving the
view corridor is all that impactful to the project, since the view it would save is so small.
Olin & Jay Park, owners of 304 Wall Street, expressed their support of the application noting
they have no other agenda other than the building just needs to be improved upon and this
does that in terms of design and exterior updates.
There was no further input from staff or the public and the appellant, Meg Hanlon, thanked all
who participated in the process. The public hearing on the matter was closed and council
deliberated on the application at this time. The general consensus was that the project
application should be able to proceed as submitted. Bugby asked if the chamfered corner
design required by PEC was a code guideline for just a preference; Campbell stated it was not a
guideline. Moffet moved to overturn the PEC decision denying a request for a major exterior
alteration, pursuant to Section 12-76-7, Exterior Alterations and Modifications, Vail Town Code,
to allow for the construction of additions to the northeast corner of Wall Street Building, located
at 225 Wall Street/Lots B&C, Block 5C, Vail Village Filing 1. Rogers seconded the motion and
noted that while the council's preference is typically not to vote against a decision made by one
of the Boards, this case and the submitted application in its current capacity does address a
much needed improvement for the Wall Street building. In addition, she noted the
overwhelming public support for the application, including both the neighbors and business
owners, which only secured her decision to support overruling the PEC decision. Kurz also
supported the motion to overturning the decision especially in light of the fact that the
redevelopment would likely not happen otherwise. Community Development staff requested the
motion include the conditions from the May 12th PEC meeting, and both Moffet and Rogers
agreed to include those conditions as an amendment to the first and seconded motion. The
motion passed unanimously (6-0-1; Chapin recused due to conflict).
The sixth item on the agenda was discussion about the funding request by EGE Air Alliance
and Eagle County for the Toronto Flight Guarantee for 2014/15 Season. Mike Brown, EGE
Chairman, Greg Philips, Eagle County Regional Airport and Gabe Shalley, Vail Resorts, Inc.,
were present to discuss this topic. It was noted the EGE Air Alliance and the Eagle County
Regional Airport partnered in Winter 2013/14 to bring the first ever international scheduled
service to the airport from Toronto with Air Canada with great success during February and
March. In order to retain the non-stop flights for a condensed schedule in 2014/15, Air Canada
requested a minimum revenue guarantee capped at $115,000. The EGE Air Alliance in
partnership with Eagle County and the Eagle County Regional Airport requested supplemental
funding up to $57,500 from the Town of Vail to provide a minimum revenue guarantee for non-
stop service from Toronto January 31 through March 21, 2015. Flights will occur weekly on
Saturdays during this time period. It was noted their request had also been made to other
parties, including Vail Resorts and City of Aspen. Those who have committed only include
Eagle County and those who are not committing include Beaver Creek Resort Company. It was
also noted they are still evaluating the Houston flight for next season. There was a reminder
that the commitment is to "pledge" the revenue in case the flight does not generate the revenue
guaranteed, so the funding may or may not be needed and an amount would not be confirmed
until end of the next season. Vail Resorts, Inc. agreed to support the flight with some
incremental marketing funding. There was also discussion about some of the following:
✓ The idea of getting the airlines to commit to a flight price guarantee
Town Council Meeting Minutes of July 15, 2014 Page 3
✓ The question about who the real stakeholders should include and the role of each, i.e., VRI,
Eagle Airport, EGE Air Alliance, the communities including Beaver Creek
✓ Why isn't there work towards creating a European connection with the Canada flight
✓ A request to review the proposed flight guarantee agreements
The summary of the funding request was $115,000 in order to guarantee the Toronto flight
would commit to the upcoming season. Eagle County had already committed $57,500 to the
request. Bugby questioned the seat revenue guarantee and the airlines motivation to fill the
plane by lowering rates rather than relying on us to pay for the empty seats. Bugby requested a
copy of the air alliance / airline seat revenue agreement being discussed and was promised a
copy by Brown and Phillips. Moffet then moved to add $30,000 to the 2015 Town of Vail budget
in order to help secure the flight and noted the Town is looking for a match from Beaver Creek
Resort Company to also help with securing this flight. After some clarification from finance staff,
Moffet requested the funding be budgeted in the 2014 budget. With some further discussion
about clarifying who has come to the table with committed funding, Moffett revised his motion to
approve that Town of Vail would commit to a $25,000 revenue pledge for the Toronto flight with
an additional dollar match pledge up to $14,000 based on a committed pledge from Beaver
Creek Resort Company for the Toronto flight. The pledge would be appropriated in the 2014
budget. Kurz seconded the motion and it passed unanimously (7-0). The public was invited to
comment and no one responded.
The seventh item on the agenda was an update on the Vail Village Welcome Center Remodel
presented by Greg Hall and John King, Public Works. It was noted the town budgeted for a
remodel of the Vail Village Welcome Center and to date the remodel design plans have been
completed, priced and valued engineered with the selected contractor as GE Johnson
Construction, who completed the construction management / general contractor public proposal
process. There was some discussion about using a bid process vs. this process and it was
noted that projects have been filtered through both with pros and cons resulting from both
processes. There was explanation as to the increase of construction costs as being due to an
increase in activity with building and time of year. Moffet moved to authorize the additional
$260,000 toward the Vail Village Welcome Center Remodel project budget and directed the
Town Manager to award and enter into a contract for construction with GE Johnson. Kurz
seconded the motion and it passed with a six to one vote (6-1; Bugby opposed).
The eighth item on the agenda was first reading of Ordinance No. 13, Series 2014, an
ordinance making adjustments to the Town of Vail General Fund, Capital Projects Fund, Real
Estate Transfer Tax Fund and Dispatch Services Fund. Kathleen Halloran, Assistant Finance
Director, presented this ordinance with some highlights as follows (further details in the council
packet memo):
The General Fund saw some adjustments of a net increase of $714,073 from an increase to Sales
Tax projections with an offset of expenditures of $32,073 for the High Visibility DUI grant ($30K) and
reimbursement for direct expenses incurred in assisting with the Red Tail Ranch fire ($2,073). These
adjustments to the General Fund 2014 budget result in an estimated fund balance of $15.5 million by
the end of 2014, or 48% of annual revenues.
The Capital Projects Fund revenue would be adjusted by a total increase of $1,088,000, mainly from
increased projections of both Sales Tax ($418,000 out of a total of $1.1 million projected increase)
and Construction Use Tax ($500,000). The total request was to supplement 2014 expenditures by a
total of $470,900 as noted by the following new projects or increases:
Town Council Meeting Minutes of July 15, 2014 Page 4
✓ $330,000 total increase to the Energy Enhancement project for the lighting upgrades to LED
throughout town facilities as approved by Council May 6th. $170,000 of this is reimbursed by Holy
Cross Electric (as mentioned above), and the additional $160,000 necessary to retrofit lighting
fixtures to utilize LED technology.
✓ $135,000 in computer hardware to begin the replacement of the town's Intel platform (no longer
supported since September 2013) with a new virtual server chassis environment of three
"Simplivity Omnicubes". IT will be requesting additional funds in the 2015 and 2016 budgets to
ultimately install a total of seven "Omnicubes.
✓ $5,900 is requested to upgrade the AM1610 public information radio equipment, which has been
out of commission for approximately one year. The information provided on this channel includes
road conditions, parking conditions, etc. and is broadcast only within town limits based on the
location of radio tower equipment.
All of the above adjustments would result in an estimated fund balance of $14.0 million by the end of
2014.
Real Estate Transfer Tax (RETT) Fund budgeted revenues will increase by a total of $1.1 million, with
$1.0 million increase forecasted for RETT collections and $99,900 reimbursement from CDOT (with
corresponding expenditure) for water quality vaults to be installed as part of the implementation of the
Gore Creek Water Quality Improvement Plan.
Staff is also requesting to supplement 2014 expenditures by $250,000 in recycling education and
rebates as approved by Council May 6th. Specifically, $50,000 will be used for community education;
$75,000 for recycling rebates to help offset startup costs for commercial participants and $125,000
recycling container rebates for residential participants. Also included are two of the off -cycle
contribution requests in the RETT fund as described in staff recommendations on pages 4-5. The
recycling program "Actively Green in 2015" ($37K) and fencing around the West Vail Community
Garden ($18.5K) are proposed for funding from RETT based on environmental and parks/recreation
eligibility requirements. The proposed budget adjustments will result in an estimated fund balance of
$2.9 million by the end of 2014.
Dispatch Services Fund The E911 Authority Board committed a total of $85,000 toward the purchase
of a Mobile Communications Vehicle purchased this year. The town has received payment for
$68,200, with the remaining $16,800 to be funded from the annual capital contributions the E911
Board makes to the Dispatch Services Fund. The $16,800 needs to be transferred to the Capital
Projects Fund from where the Mobile Communications Vehicle is being paid.
The 2014 Off -Cycle Contribution requests included the following:
a. Colorado Ski Museum requesting $6,500 to complete development of a new multi -media interactive
Self -Guided Tour Mobile App so that it can be in use by the start of this ski season.
b. Vail Leadership Institute requesting $8,500 of funding to support the Leadership Tribute event on
December 12 at the 10th restaurant on Vail Mountain.
c. Vail Symposium requesting in-kind contribution of approxi,' Id be less depending
on the facility used) for use of the Donovan Pavilion, Gr tiv and the 'brary. Anticipated use
from now until December is one of the venues approxi tel3 times.
d. Walking Mountains requesting a total of $40,000 for th ontinu i Ifi a } cti ly Green 2015
sustainable destination project to include 1) $6,000 for sten i i y >ammgs f town businesses,
2) $6,000 would be used for sustainability certification s oi1$ervices fgrto businesses and
3) $28,000 would be used for a marketing campaign and cog ' ' elebration.
The town contributed $16,000 from the Environmental Sust cog
the start of this project
along with $40,000 from the Vail Valley Foundation.
e. West Vail Community Garden requesting $18,500 to help fund the construction of a wildlife fence
surrounding the garden, as presented to Council April 15th.
There were some council questions and concerns expressed about the following items:
Town Council Meeting Minutes of July 15, 2014 Page 5
Mayor Daly expressed some concerns about the expenditures for the computers and requested
that staff bring a more comprehensive plan showing the full implementation plan for the
upgrades to the town's intel platform.
Mayor Daly made some inquiries about the funding for the Walking Mountains request. Kim
Langmaid, Walking Mountains, spoke about the implementation of the Actively Green program
noting the breakdown of expenditures to the work plan. There were some questions about the
participation level from other groups in the valley, including specifically Beaver Creek and Vail
Valley Foundation. Langmaid noted that the focus was 1) to educate and engage the Vail
businesses on the program, and 2) implement this program to then serve as a long term legacy
attributed to Town of Vail. There were comments that instructed Walking Mountains to only
spend this funding on getting Vail business owners aligned with the program.
Both Rogers and Chapin noted their support of the Colorado Ski Museum funding request. It
was suggested the benefits of the mobile application proposal far outweigh the costs involved in
its implementation. There was additional support from other council members in light of the fact
there were parties committed to provide funding. It was requested that there be a brief
demonstration of this mobile application at the next meeting, August 5th
Moffett moved to approve Ordinance No. 13, Series 2014, noting that the Walking Mountains
funding only include supporting Vail businesses. Kurz seconded the motion and it passed
unanimously (7-0).
The ninth item on the agenda was second reading of Ordinance No. 12 Series of 2014, An
Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to
Section 16 of Article XVIII of the Colorado Constitution (Amendment 64). George Ruther
presented this topic on behalf of the Town Attorney noting there were no changes made to the
ordinance for second reading. It was noted the effective date for the moratorium would expire
Tuesday, August 4, 2015. Bugby moved to approve Ordinance No. 12 Series of 2014 on 2nd
reading; Kurz seconded the motion and it passed unanimously (7-0). There were no public
comments made on this topic.
The tenth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bugby seconded. The motion
passed unanimously, (7-0) and the meeting adjourned 8:15 p.m.
Respectfully Submitted,
�v
Andrew P. Daly, Ma
Town Council Meeting Minutes of July 15, 2014 Page 6
Vail Town Council Meeting Minutes
Tuesday, August 5, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Member absent: Jenn Bruno
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation.
Rick Sackbauer, resident, spoke about Ford Park capital project with congratulations about
recently laid sod at the parks and encouragement to work with ERWSD to be sure that field
watering is done conservatively. He also complimented them on their recent Golf Court 18th
hold celebration noting some historical information about the length of the hold and how it was
set by Pete Seibert Senior, with quick congratulations to a long time employee who retired.
Jonathan Levine, owner Hummers Vail, spoke about an incident which occurred in in Vail and
distributed a letter.
Doris Kirchman, Vail Valley Medical Center, thanked the town for their participation in evaluating
their proposed project and whether or not a partnership to construct parking at the municipal site
would be feasible. She noted that in their analysis of this proposal the economics would not
support a joint project.
The second item on the agenda was the Consent Agenda as follows:
1. Council minutes from July 1, 2014 meeting
Moffet moved to approve the minutes; Chapin seconded the motion and it passed unanimously
(6-0).
2. Council minutes from July 15, 2014 meeting
Moffet moved to approve the minutes with the changes noted by Bugby; Kurz seconded the
motion and it passed unanimously (6-0).
3. VLMD minutes from July 15, 2014 meeting
No action was taken on the VLMD minutes and they were scheduled to be considered during a
Vail Local Marketing District Meeting instead.
Town Council Meeting Minutes of August 5, 2014 Page 1
4. Award Contract for Variable Message Board
Moffet moved to award the contract for the variable message board not to exceed the amount of
the lowest bid. Kurz seconded the motion and it passed unanimously (6-0).
The third item on the agenda was action as a result of the executive session and no items were
considered at this time.
The fourth item on the agenda was the Town Manager's Report with a brief update regarding
the Vail Valley Medical Center's news to construct parking on their site only and not proceed in
plans to work with the town on parking at the municipal site. It was noted that conversations
would continue with WMC to evaluate the traffic configurations on the Frontage Road. He also
thanked the WMC center for their time in reviewing the plans over the past 3 or so years.
Rogers requested that a new proposal for the municipal site be brought back for council's
consideration in the near future.
The fifth item on the agenda was consideration of the Rocky Mountain Recreation and
Wilderness Preservation Act, legislation that seeks to preserve areas with exceptional scenic
and recreation values located in the White River National Forest in Summit and Eagle Counties.
The newly revised proposal includes the No Name, Spraddle Creek, and Freeman Creek
portions in Eagle County. Nissa Erickson, Congressman Jared Polis' Office, was present to
review this request for support noting the council's support with the passage of a Resolution in
2010. She noted that the legislation has been revised detailing the history that Congressman
Polis previously introduced the Eagle and Summit County Wilderness Act in 2010 (H.R. 6280)
and again in 2011 (H.R. 1701). She explained that from 2012-2014, Congressman Polis
conducted an extensive public process and continued to work with local stakeholders. The two-
year process led to a recreation- and conservation -oriented bill, which is reflected in the new
name for the proposal — the Rocky Mountain Recreation and Wilderness Preservation Act.
Updated documents and maps were provided in the Council's packet since there have been
significant modifications to this bill from previous 2010 and 2011 versions of the bill. She
reviewed the properties in the town of Vail that would be included in the proposed wilderness
areas with public meeting that included input from many stakeholders. She spoke about the
modifications of language related to the Spraddle Creek wilderness area. There were
comments that addressed the ability to fight wildfire if they occurred in that area. Some did not
support the closing of the road in that area which also impacts the ability to fight wildfires. Her
response to the road closure was that action was taken by the USFS in their forest planning
efforts. Public comments were heard at this time:
Rick Sackbauer representing Eagle Water and Sanitation District, spoke about the language
setting forth a 10 year mitigation timeframe as short sighted and creating undue impacts on
ERWSD. There are some who think Spraddle Creek is responsible for spilling nutrients into
Gore Creek. He requested a revision that would allow for a longer timeframe.
Ann Esson, resident, noted her wilderness support and advocacy supporting the legislation
asking for council to support the bill.
Susie Kincade, wilderness advocate, thanked Polis' office for keeping the town up to date on
this topic and expressed support of the legislation.
Kevin Hochtel, resident, supported the preservation of this land.
Town Council Meeting Minutes of August 5, 2014 Page 2
Tom Mullen, business owner, echoed others support that wilderness areas are available and we
should support the opportunity to protect the vastness of our wilderness
Barbie Christopher, resident, supported the preservation of the wilderness act and council's
resolution.
Scott Braden, Conservation Colorado, expressed support on behalf of the 7000 members
protecting land, water, across Colorado as they are also celebrating 50 years of the wilderness
act.
Rogers expressed support to adopt a resolution similar to the one adopted in 2010; Moffet
agreed with this request. Bugby opposed the legislation at this time because of his opposition
to the closing of some USFS roads and non -accessibility for motorized vehicles to certain areas
that limits access for many people. Rogers moved to direct staff to draft a resolution that would
support the legislation; Moffet seconded and the motion passed with a five to one vote (Bugby-
nay; 5-1).
The sixth item on the agenda was Booth Creek Park Update as presented by Todd
Oppenheimer, Public Works, who noted the purpose of this discussion was to present the
recommended list of park amenities to be included in the design of Booth Creek Park. He
asked the Town Council to review and then accept or modify and approve and direct staff to
prepare a Preliminary Design Concept for review by the community and Council. There was a
review of the suggested Design Program for Booth Creek Park as follows:
1. Natural areas
2. Parallel parking on Manns Ranch Road Looped paved path using the existing bike path.
This will also be the accessible route through the park
3. Soft surface pathways within the natural areas. Consider interpretive signage as
appropriate.
4. Revisit a second pedestrian bridge based on outcome of feasibility study
5. Open turf grass area as a significant design element of the park
6. Double, hard -surface, post tensioned concrete tennis court
7. Playground with natural elements and artistic components
8. A limited number of fitness/exercise equipment sensitively placed throughout the park
9. Public restroom, 2 -stall, 3 season, accessible and sensitive to the natural setting
10. Picnic Shelter for 2 to 3 picnic tables with other picnic tables, benches and bike racks
throughout the park
11. Other small park amenities, such as horseshoes or tetherball, as may be accommodated
without over developing the site
He noted next steps and budget plans for the project as outlined in the memo. After some
council comments there was general support for the items listed above with an interest in seeing
budget details and a thorough review of whether or not a second bridge would be necessary.
Public input was heard as follows:
Pam Stenmark was not supportive of 2nd bridge, supported soft surfaces not a lot of pavement
keeping it natural, welcomed the tennis courts but don't overcrowd it with too much stuff.
Barbie Christopher, resident, supported a nature wandering path which goes to the 2nd bridge —
basically a loop around the par, supported using natural elements.
Town Council Meeting Minutes of August 5, 2014 Page 3
Joan Carney, resident, supported less as better, quality is important, natural setting is best,
leave natural vegetation, opposed the bridge, leave the trees, wasn't sure that it was too
expensive.
Billly Suarez, VRD, loves the process and participation, addressed tennis courts.
Rocky Christopher, resident, spoke about the 2nd bridge and its uniqueness, supported a
meandering path, spoke about the trees.
There was discussion about scheduling another site visit for the area neighborhood and council
members agreed it would be very beneficial to walk the area before making their final
determinations.
Mayor Daly adjusted the agenda at this time by delaying consideration of the Timber Ridge
items until the later in the meeting as another executive session would be needed.
The next agenda item (#10) for consideration was second reading of Ordinance No. 13, Series
2014, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund and Dispatch Services Fund with a brief presentation
made by Kathleen Halloran, Assistant Director Finance. She highlighted the changes made
from first reading with a summary of the following:
General Fund
During the July 15th evening session, Council approved an air service pledge for the winter Toronto
flight of $25,000 plus an additional $14,000 match to Beaver Creek Resort Company's pledge. A total
of $39,000 pledge is included in the supplemental Council requested more information detailing the
Self Guided Tour Mobile App funding request from the Colorado Ski Museum. The $6,500 off -cycle
contribution requested by the Museum was approved during the first reading of the ordinance. Please
see Attachment A as submitted by the Museum. Vail Library is requesting to use $14,000 of grant
monies generated by the Friends of the Library toward various fundraising activities and equipment
for the Library. There is no net impact to the town's General Fund for this request. Staff is requesting
$8,000 increase to the budget for the town prosecutor (a 3 -day a month contract) due to increased
activities outside of normal court duties. The additional expense is related to two appeals in district
court, working with town employees on procedures and options for streamtract enforcement and
working with the town's police department regarding overcrowding of bars and assault cases.
Capital Projects Fund
During the July 15th Council meeting, an additional $260,000 was approved for the Vail Village
Welcome Center redevelopment, based on final designs and value -engineering done prior to the
awarding of the contract for work. $10,000 is requested for the appraisal of Lot 10 (adjacent to the
Vail Valley Medical Center's parking lot) as approved by Council during the July 15th meeting.
Council requested more information on the multi-year plan to replace the town's existing server
platform with "Simplivity Omnicubes". Please see attachment B.
Moffet moved to approve Ordinance No. 13, Series 2014; Kurz seconded the motion and it
passed unanimously (6-0).
The next item for consideration on the agenda (#11) was first reading of Ordinance No. 14
Series of 2014, An Ordinance Amending Sections 5-4-9 and 5-4-10 of the Vail Town Code
Relating to the Possession, Consumption and Use of Nicotine Products by Minors and the Sale
of such Products to Minors. Matt Mire, Town Attorney, presented some background information
Town Council Meeting Minutes of August 5, 2014 Page 4
that supported the legislation noting that the Colorado General Assembly recently passed
Senate Bill 2014-18, which prohibits furnishing and/or selling nicotine products to minors,
including electronic devices that deliver nicotine. Sections 5-4-9 and 5-4-10 of the Vail Town
Code govern restrictions on tobacco products and minors, but do not include nicotine products
such as electronic cigarettes. He labeled it housekeeping legislation. Moffet moved to approve
Ordinance No. 14; Kurz seconded the motion and it approved unanimously (6-0). There were
no public comments on this topic.
Moffet moved to convene into executive session at 7:50 pm; Kurz seconded the motion with
unanimous approval to convene into an executive session to consult with the Town Attorney on
negotiations related to Timber Ridge Property redevelopment. The executive session adjourned
at 8:50 pm and Moffet noted that the only item discussed was that related to Timber Ridge
property. There was some discussion about business points related to the Timber Ridge
redevelopment related to documents considered with Resolutions No. 18 and No. 21. There
were concerns noted about security, role of the Vail Local Housing Authority, the assignment
and review of the operating agreement. At this time Moffet moved to extend the termination
date of the Timber Ridge Pre -development agreement; Chapin seconded the motion and it
passed with a five to one vote (Bugby — nay; 5-1). It was then noted that items Resolution No.
18 (agenda item #8) and Resolution No. 21 (agenda item # 9) would not be considered at this
time but postponed for consideration until the August 19, 2014 meeting.
The next item on the agenda was adjournment. There being no further business to come before
the council, Moffet moved to adjourn the meeting and Bugby seconded. The motion passed
unanimously, (6-0) and the meeting adjourned 9:00 p.m.
Respectful bmitted,
P. Daly, M
Town Council Meeting Minutes of August 5, 2014 Page 5
Vail Town Council Meeting Minutes
Tuesday, August 19, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation as follows.
Mayor Daly highlighted the flyer that was provided the community to help them understand the
protocol surrounding the public participation process.
1. Jonathan Levine distributed a Wall Street Journal that included an article about impacts from
being arrested. He requested the Town Council review his incident and issue a clearance of
(W his arrest record. He noted these scenarios are getting national attention.
2. Michael Cacioppo raised his concern with a Vail staff member's federal testimony in a case
and his consideration in filing a civil lawsuit against this person because of their
contradictory testimony presented. He requested an apology from the police officer involved
in the case.
3. Paul Rondeau, resident, made some inquiries about the Timber Ridge project requesting
more time for the public to review the documents before decisions are made.
The second item on the agenda was the Consent Agenda as follows:
1) Appoint Patty McKenny to NWCCOG Board of Directors to serve as Town of Vail
representative
Moffet moved to appoint Town Clerk Patty McKenny to NWCCOG Board; Kurz seconded the
motion and it passed unanimously (7-0).
2) Resolution No. 22, Series of 2014, Resolution Expressing Support for Congressional
Wilderness Designation of Six Separate Areas on Public Lands Surrounding or Nearby
Town of Vail
Mayor Daly presented this resolution which supported the Rocky Mountain Recreation and
Wilderness Preservation Act. The Act seeks to preserve areas with exceptional scenic and
recreation values located in the White River National Forest in Summit and Eagle Counties. The
newly revised proposal includes the No Name, Spraddle Creek, and Freeman Creek portions in
Eagle County. It was noted the council received letters from both Eagle River Water and
Sanitation District & Representative Polis' office dated August 18, 2014, which offered different
positions about some of the language written. Rick Sackbauer and Linn Brooks, ERWSD, were
Town Council Meeting Minutes of August 19, 2014 Page 1
present to review their concerns outlined in their letter submitted to town council with a request
to table the resolution until further resolve could be made with their concerns about 1) the 1J
designation not allowing the district to manage the area with regard to their mitigation, and 2)
the uncertainty about using mechanized equipment for restoration activities. Nissa Erickson,
Congressman Jared Polis' Office, also addressed the council noting their office is currently
reviewing the comments made by ERWSD. She explained that so much progress had been
made in reference to many stakeholder groups who have provide input on the legislation. There
were several council comments regarding the ERWSD correspondence that questioned the
District's concerns about watershed mitigation. Again, the District reiterated their need for
testing and their ability to do this in a timely and efficient manner in order to comply with the
current language of the bill. There was further discussion about whether or not to continue a
decision on the resolution so that both parties have additional time to address the matter.
Mayor Daly asked for public input on the agenda item and the following people responded with
input:
Kevin Hochtel, Vail resident, requested council's support of the resolution in its current form
and expressed surprise to the comments made by ERWSD and disagreed that Spraddle
Creek would have any contaminants especially this time of year.
Susie Kincade, Eagle County resident, explained some of the history surrounding the
drafting of the legislation noting that studying any watershed problems likely occurred on the
valley floor's watershed and not the watershed in the pristine wilderness areas.
Rogers moved to approve Resolution No. 22, Series of 2014, Resolution Expressing Support for
Congressional Wilderness Designation of Three Separate Areas on Public Lands Surrounding
or Nearby Town of Vail. Bruno seconded the motion. Additional Council comments were then
given. The motion failed with two votes in support of the motion and four votes opposed to the
motion (Bruno, Rogers — yea and Moffet, Kurz, Daly, Bugby, Chapin — nay). Another motion
was made by Moffet who moved to table Resolution No. 22 until the September 2, 2014, council
meeting. After some discussion about the fact that council could just direct to schedule the item
for the next council meeting, Moffet moved to direct staff to reschedule the item for the next
meeting; Rogers seconded the motion and it passed unanimously (7-0).
The third item on the agenda was action as a result of the executive session; there were no
actions or motions made at this time.
The fourth item on the agenda was the Town Manager's Report; there was nothing reported at
this time.
The fifth item on the agenda was 1-70 Vail Underpass Update, the proposed new multimodal
pedestrian and vehicular connection midway between Main Vail and West Vail exits, passing
under 1-70. This underpass was identified in the Vail Transportation Master Plan (VTMP) and
the CDOT 1-70 Programmatic Environmental Impact Statement (PEIS) as a critical link between
the North and South Frontage Road. Tom Kassmel, Town Engineer, presented design updates
with a review of maps showing some of the differing design features addressing the following
revisions:
■ North Roundabout remained at the preferred west location, previously identified in May as
"Compact Roundabout — Location 1"
■ North Roundabout increased in size slightly from 107.5' to 110' in diameter, the majority of
the additional couple of feet was pushed towards the interstate.
Town Council Meeting Minutes of August 19, 2014 Page 2
■ South Roundabout moved approximately 100' to the west and decreased from 130' to 110'
(W in diameter; this reduces the underpass skew from 27 degrees to 7 degrees, a desirable
design consideration.
It was noted the above changes provided safety and traffic operation improvements resulting in
slower entrance vehicle speeds meeting the CDOT/FHWA roundabout design guidelines. The
changes also allow all truck types to make all turning movements with the use of truck aprons
within and outside of the roundabout. Kassmel noted that further discussion with council
resulted in staff continuing to review the following items to mitigate further impacts to the area:
■ Minimizing the encroachment toward Savoy Villas at the flare of the westbound exit of the
North roundabout
■ Mitigating the headlight impact to the residence to the south along the south roundabout
■ Mitigating and screening the aesthetics of the south roundabout Gore Creek walls from the
residence to the south
He also noted correspondence from a south side property owner concerned about the proximity
of the Gore Creek roundabout to his residence and the creek. Kassmel noted that as a result of
the input, the Town Council requested additional information regarding the decision to change
the underpass skew from 27 degrees to 7 degrees which resulted in moving the south
roundabout 100 feet to the west, as previously discussed on July 15th. At this time Felsburg,
Holt & Ullevig (FHU) presented information about the roundabout design review and outcomes.
Region 3 CDOT Program Engineer Steve Olsen was present to address questions and
concerns about the truck movement through the roundabout and requirements of the Federal
Highway Administration (FHWA). He noted that adjustments to the design were made to
embrace the criteria of the FHWA and that this environment is typically quite set.
,, Mayor Daly welcomed public comment at this time as follows:
✓ Jonathan Levine expressed concern that pedestrian access and flow be addressed
✓ Bob Llewellyn — resident of Savoy Villas, provided supportive input about the collaborative
process that was very productive in terms of the North Frontage Road roundabout design,
and also expressed his concerns that these revisions are very impactful to the neighborhood
in terms of the truck traffic.
✓ Charlie Calcaterra, resident of Simba Run (board member and part of the 3 member
committee), expressed concern about the design and that it now creates accessibility for
larger trucks which are not what the original understanding included. He requested they
stay with the original design which restricted the use of the roundabout by the larger trucks
and would also then mitigate some of the noise impacts.
Council comments were expressed as follows:
✓ Bugby preferred using T -intersections
✓ Chapin addressed the residents with an apology about any misunderstandings and
encouraged CDOT and FHWA to relook at the roundabout design that would limit the truck
size that would prohibit the wb67 trucks
✓ Rogers also requested a design that would prohibit the wb trucks in the roundabout
✓ Kurz also apologized for any communication breakdowns that have occurred. He expressed
support of the design as mechanically & technically the best solution for the next 20 years
and suggests concentrating on mitigation measures that addresses the impacts of the north
side & thinks the south side has been mitigated to a great degree
✓ Moffet in general agreed with Kurz and does not support having the larger trucks. He spoke
about his belief that the larger community does not support this type of truck on the frontage
Town Council Meeting Minutes of August 19, 2014 Page 3
roads and is interested in understanding the current level of service the roads provide this
type of truck
✓ Bruno apologized for any communication breakdown and that the town and neighbors must
all continue to work together for the best solutions. She believes there is full support from
council to continue to mitigate the impacts of this project.
✓ Daly noted the law of unintended consequences in this matter and his support lies in actively
working with CDOT to obtain a variance for this road since both frontage roads serve
primarily as community streets and not as federal highways.
Further community input spoke to the mission of the project as trying to help the Town of Vail
with providing more efficient access for its community as the focus was not meant to build an
underpass that would accommodate access for large trucks. Mr. Olson, CDOT, noted that he
would help the Town of Vail with the variance process. Town Manager Stan Zemler reaffirmed
the need to better understand the number of trucks that exist on the frontage road right now.
Staff reiterated that their focus would remain on retaining a 7 degree skew option, continue with
an assertive effort in mitigating impacts, and working with CDOT to proceed through a variance
process which eliminated access for larger trucks.
The sixth item on the agenda was Resolution No. 18, Series of 2014, Resolution approving a
Development Agreement for Timber Ridge Property. Matt Mire, Town Attorney, presented a
revised Resolution No .18, substantially in the same form that was presented on August 5th
except that the Vail Housing Authority was no longer included as the landlord. It was noted that
if approved, authorization would be given the Town Manager to execute the Agreement on
behalf of the Town subject to the following contingencies:
1. Approval by the Vail Local Housing Authority of the Ground Lease and Deed Restriction for
the Timber Ridge property;
2. Approval by the Vail Local Housing Authority of Developer's operating agreement;
3. Approval by the Vail Local Housing Authority of any documents required by Developer's
lender to be signed by the Vail Local Housing Authority for the Timber Ridge property; and
4. Final approval by the Town Attorney.
It was noted that the final ground lease estoppel certificate and agreement would be separate
and council could authorize the Town Manager to sign these documents as well. There were
some concerns express by Rogers related to the tax exempt status of the project and the option
to sell the land.
At this time Mayor Daly called up the seventh item on the agenda Resolution No. 21, Series of
2014, Resolution approving the Ground lease and Deed Restriction for the Timber Ridge
Property, which addresses the redevelopment of the eastern 5.24 acres of the Timber Ridge
property noting the proposed ground lease and deed restriction documents are necessary to
successfully carry out the redevelopment project. Matt Mire noted that the resolution addresses
the following:
1. Approval of the Ground Lease for the Timber Ridge subject to final approval by the Town
Attorney.
2. Approval of the Deed Restriction for Lion's Ridge Apartment Homes on the Timber Ridge
property subject to final approval by the Town Attorney.
3. Upon the execution of the Development Agreement for the Timber Ridge property by all
parties to the Development Agreement, the Town Council authorizes the Town Manager to
execute the Deed Restriction in the final form approved by the Town Attorney.
Town Council Meeting Minutes of August 19, 2014 Page 4
Some discussion addressed the revisions made to the documents from prior considerations.
There were still concerns expressed about 1) the length of the lease, extended from 35 years to
50 years, 2) the rental payment terms, 3) the tax exempt status of the project, and 3) the sale
option on the land to include $5M. Rogers specifically addressed the revisions by questioning
the tax exempt status if it was a private development at market rental rates, and opposing the
option for a sale of the property. Bugby opposed the project because of the added 15 years to
the lease from 35 years to 50 years, the purchase option for $5 million being added, the poor
preparation of Gorman and Wright for their financing, and the property not being retained by the
Town in order to control rental rates.
The following public comments were heard:
✓ Greg Perkins, legal counsel for the developer's project, spoke about the term, cash flow,
objectives of the project, the developer fee calculation, risk of the project and the county
assessor's approval of the project as tax exempt.
✓ Paul Rondeau, resident, submitted input with a letter he read into the record asking their
consideration of not selling the land.
✓ Bob Armour, resident, expressed opposition to selling the land in the final deal.
Further Council comments were made:
✓ Moffet spoke about the very long history of the project expressing support of the current
deal. He noted the deed restriction and zoning was the key to the success of the lifetime of
providing employee housing and that the parties engaged in the deal had his full support.
✓ Ludwig spoke similarly to Moffet noting that the deal is good for the community and their
goal of preserving workforce housing has been met.
✓ Bruno noted that there may be a perception that the town has lost control of the
development with a request to require an appraisal on the land prior to selling the land.
✓ Chapin noted his support for the need to provide workforce housing in Vail and while not
fully supportive of selling the land, the deal must move forward even thought it is not perfect,
it does support their objective. He would prefer the land be valued with the appropriate
appraisal tools.
✓ Daly spoke about the histo of the ne ris r
history rlB * he various developer parties and
submitted his support of closing the ••.•'Fie' i1 a;
d1hat the town is subsidizing the
employee housing and it is a worthwh' estment arid v4ie not all support the option to
sell the land, it has always been the o ct• eFihk porcel to workforce housing.
A
Moffet moved to approve Resolution No. Nsolution Opr#ing a Development Agreement
for Timber Ridge Property and further aut izi Oke- qk1,t! manager and Town Attorney to
review and execute the remaining associate '� urz seconded the motion. There
was a request that the council subcommittee w includes Moffet and Daly review and
approve the operating agreement, an agreement between the Vail Local Housing Authority and
the Developer (the town is not a party to this agreement). Paul Rondeau spoke about a point of
order related to his confusion over the motion and the agenda items Resolution No. 18 & No.
21; the Town Attorney provided an answer to the question by noting the two different
Resolutions take actions separately on the development agreement and the ground lease. The
motion passed with a five to two vote (Daly, Chapin, Kurz, Bruno, Moffet — yea; Bugby and
Rogers — nay).
Town Council Meeting Minutes of August 19, 2014 Page 5
Moffet moved to approve Resolution No. 21 Resolution approving the Ground lease and Deed
(W Restriction for the Timber Ridge Property. Kurz seconded the motion. There was further
discussion with the developer about the purchase price for the sale of the land that would
include the ability to negotiate the sale price based on an appraisal. Developer Jenn Wright
provided comments on the business points noting that this could be negotiable to include in the
agreement. Moffet moved to amend his motion to include the purchase price of the land be
determined based on an arbitration process for appraiser selection. Kurz seconded the
amended motion and it passed with a five to two vote (Daly, Chapin, Kurz, Bruno, Moffet — yea;
Bugby and Rogers — nay).
The eighth item on the agenda was second reading of Ordinance No. 14 Series of 2014, An
Ordinance Amending Sections 5-4-9 and 5-4-10 of the Vail Town Code Relating to the
Possession, Consumption and Use of Nicotine Products by Minors and the Sale of such
Products to Minors. Matt Mire, Town Attorney, noted no changes for second reading and
highlighted that the Colorado General Assembly recently passed Senate Bill 2014-18, which
prohibits furnishing and/or selling nicotine products to minors, including electronic devices that
deliver nicotine. Sections 5-4-9 and 5-4-10 of the Vail Town Code govern restrictions on
tobacco products and minors, but do not include nicotine products such as electronic cigarettes.
Moffet moved to approve on second reading. Bugby seconded the motion and it passed
unanimously (7-0). There were no public comments on this topic.
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bugby seconded. The motion
passed unanimously, (7-0) and the meeting adjourned at 9:30 p.m.
Respectfull ubmitted,
Att
Andrew P. Daly, M
SPA
4M
(W Town Council Meeting Minutes of August 19, 2014
Page 6
Vail Town Council Meeting Minutes
Tuesday, September 2, 2014
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 Ludwig Kurz.
Members present: Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Member absent: Andy Daly
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation as follows:
Stephen Connelly spoke about the recycling program with his support and requested
that Vail review a program that would address plastic bags in the near future. There was
council support to move this topic for agenda consideration in October.
Jonathan Levine requested an independent investigation of an incident that he was
involved in which took place in Vail noting that there is no proof of wrongdoing.
Michael Cacioppo addressed the council with the following topics, 1) not supportive of a
plastic bag ban, 2) does not agree with council's approach of not responding to citizen's
questions during citizen participation, and 3) he is considering a lawsuit against an employee
related to alleged civil rights violation.
Daric Harvey, Vail Commander, introduced himself as running as a candidate for Eagle
County Sheriff in the November election and shared his election platform noting his employment
history and priorities for the Sheriff's Office.
The second item on the agenda was the Consent Agenda as follows:
1) Contract Award for Bridge Railing Replacement
Moffet moved to authorize the Town Manager to enter into a contract for the bridge railing
replacement; Bugby seconded and the motion passed unanimously (6-0).
2) Contract Award for Vail Guardrail Repair
Moffet moved to authorize the Town Manager to enter into a contract for the guardrail repair;
Bugby seconded and the motion passed unanimously (6-0).
3) Resolution No. 23, Series of 2014 - Timber Ridge Easement
Moffet moved to approve Resolution No. 23 authorizing the Town to grant an easement to
Newpath Networks for the Construction and operation of utility facilities and setting forth details
in regard thereto. Bugby seconded the motion and it passed unanimously (6-0).
Town Council Meeting Minutes of September 2, 2014 Page 1
The third item on the agenda was action as a result of the executive session; there was no
action at this time.
The fourth item on the agenda was the Town Manager's Report which included a South
Frontage Road Traffic Improvements Update by George Ruther, Director of Community
Development, who presented this topic by reviewing the status of preliminary discussions
regarding potential South Frontage Road traffic improvements. He noted that as the town and
Vail Valley Medical Center actively pursue possible redevelopment scenarios for their respective
properties, off site impacts such as traffic improvements to the South Frontage Road must be
considered before final decisions can be made. He reviewed numerous options considered and
noted the project givens include such items as a minimum Level of Service C, as contemplated
by the Town's adopted transportation master plan and two through -traffic lanes
(eastbound/westbound) to accommodate projected traffic volume, meet minimum CDOT design
and access standards, Right-in/Right-out traffic movements, minimize the amount of negative
impacts to the adjacent property owners, a design which will accommodate semi -tractor trucks
and trailers up to WB 67. A design solution must be implementable over time, and it must
address traffic volumes projected over the next 20 years. No final decisions have been made,
and a number of important steps still remain which he outlined:
1. Continue to refine and develop several of the design options for further study and
consideration
2. Initiate a public review process to gain feedback and input from the public on the possible
options and solutions
3. Develop a strategy for implementation of the improvements (i.e., sequencing of construction,
cost allocation, funding, CDOT review and approval, trigger points for implementation, etc.)
4. Amend the Vail Transportation Master Plan, Lionshead Redevelopment Master Plan and
adoption of the WMC Master Plan
Jim Lamont, Vail Homeowners Association, spoke on behalf of his group noting several letters
written from Meadow Drive residents. He requested consideration for the following:
✓ Adding a Meadow Drive resident to the planning review team
✓ Evaluate loading & delivery to the area from the South Frontage Road rather than Meadow
Drive
✓ Complete a traffic study that reflects the pedestrian traffic and vehicular traffic in the
neighborhood
The fifth item on the agenda was the discussion about Booth Creek Park led by Todd
Oppenheimer, Public Works, for the purpose of presenting the recommended list of park
amenities to be included in the design of improvements to the park. A site tour of the property
was taken earlier in the day with staff and area homeowners. The Town Council was asked to
review the proposed list of park amenities for Booth Creek Park and accept or modify and finally
approve the list. The suggested Design Program for Booth Creek Park is as follows:
1. Natural areas
2. Parallel parking on Manns Ranch Road
3. Looped paved path using the existing bike path. This will also be the accessible route
through the park
4. Soft surface pathways within the natural areas. Consider interpretive signage as
appropriate.
5. A second pedestrian bridge approximately 200 feet upstream of the existing crossing
6. Open turf grass area as a significant design element of the park
7. Double, hard -surface, post tensioned concrete tennis court
Town Council Meeting Minutes of September 2, 2014 Page 2
8. Playground with natural elements and artistic components
(W 9. A limited number of fitness/exercise equipment sensitively placed throughout the park
10. Public restroom, 2 -stall, 3 seasons, accessible and sensitive to the natural setting
11. Picnic Shelter for 2 to 3 picnic tables with other picnic tables, benches and bike racks
throughout the park
12. Other small park amenities, such as horseshoes or tetherball, as may be accommodated
without over developing the site
Some of the council comments showed there was not full support of the second bridge while
most supported keeping the bathrooms, playground and tennis courts. Mayor Pro Tem Kurz
asked for public input at this time given by many neighborhood residents as follows:
Penny Turilli complimented the town on the public process and meetings, supported the
circular park path and naming part of the park after Zeke Pierce who played there often.
Crawford Pierce spoke about how his boys enjoyed playing at the park and thanked
council for their collaborative effort with the neighborhood.
Alan Danson expressed opposition to installing a second bridge.
Bill Eggers noted that less in the park is more in his eyes, did not support the stream
tract improvements, and to reconsider the budget for the improvements as it may be too much
based on use of park by the community as a whole. He thanked the town for the ability to give
input in the process.
John Gottlieb thanked staff and town council for their involvement in the process and
planning for the improvements, which showed a tremendous effort in listening to their
community. He inquired further about the shelter and whether or not it would serve as
protection from lighting storms.
Lynn Gottlieb also expressed appreciation to the council for the process and requested
that the park include a bocce ball area instead of shuffle board as it is a more popular game
played by families.
Charlyn Canada spoke about the rock structures and requested using real rocks and not
fake rocks and that a climbing wall be included on the end of park which may also serve as a
sound barrier.
Pam Stenmark agreed with many comments already provided noting her preference that
it remain a natural park.
Bill Suarez, VRD board member, expressed thanks for the collaborative the process and
early public input with support for two tennis courts at the location.
Allan Braunholz explained that his daughter Zemme was worried about the swings and
hoped they would remain at the park. He expressed appreciation for all town parks in Vail.
Tom Talbot expressed opposition to a second bridge and supported for two courts but
don't include too much fitness equipment.
There was also some brief discussion about surrounding park property owner's encroachment
onto town property and stream tract for landscaping efforts or other reasons with a reminder to
be sure to stay within property boundaries. In addition it was noted there should be no disposal
of landscaped materials in the stream tract area and some of thearea may require some clean
up effort at this time. There was also a reminder that no public parking is allowed in the parking
lot. And finally to close the park discussion, there was agreement to revise the list, continue
communications with the area neighbors, and notice that the project would be included in
budget discussions as it is not scheduled for construction until 2017.
The sixth item on the agenda was consideration of an Outdoor Patio in the vicinity of 304
Bridge Street, Blu Cow Cafe and Big Bear Bistro, with a request to the council for permission to
Town Council Meeting Minutes of September 2, 2014 Page 3
proceed through the process that would consider allowing business owners access to town
owned property. George Ruther, Community Development, spoke about the details of interest
by both parties to utilize Town of Vail property for the purposes of outdoor patios. He noted the
background included the Vail Village Design considerations recognize outdoor patios as a
potential positive contributing factor in the creation of a strong streetscape framework. There
was a review of some diagrams and further discussion focused on what the scope and size of
the patio would be and what the fencing/barrier and use of the space would include if a liquor
license was going to be obtained. Moffet moved to direct staff to sign the development
application on behalf of the property owner and permit the project to proceed through the
development review process for the proposed outdoor patios. Bruno seconded and it passed
unanimously (6-0). There was no other public comment on this topic.
The seventh item on the agenda was the 1-70 Chain Up Station Project Update as presented by
CDOT, Stolfus and Assoc. with an introduction from Town Engineer, Chad Salli. It was noted in
the fall of 2012, CDOT presented potential improvements to the 1-70 Chain Stations as a result
of a study conducted of the 1-70 Vail Pass Chain Stations which considered alternatives for
safety improvements to the chain stations on eastbound and westbound Interstate 70 through
Vail. The improvements were proposed to address current deficiencies in the chain stations,
which included capacity issues, inadequate lighting and minimal separation between chain up
station activities and 1-70 through traffic. Potential improvements were presented to the Town
Council and general public in the fall, 2012. Public input was incorporated in the evaluation of
the alternatives and the study was completed in April, 2013. The study included a summary of
alternatives considered and recommendations for implementing improvements over time, as
funding becomes available. Following the Vail Chain Up Station Improvements Study, CDOT
applied for funding from the Responsible Acceleration of Maintenance and Partnerships (RAMP)
program for the project. CDOT has recently begun the design process for the project. The
memo highlighted project details:
Figure 1: Illustration of the location and limits of the project. The project would extend the
existing chain up station approximately 1500 feet west, providing an additional 15 parking
spaces.
Figure 2: Eastbound 1-70 will be widened requiring a wall between 1-70 and the frontage
road, as shown in the section.
Figure 3: Review options for the width of the chain station and the associated wall height for
each option.
Figure 4: Changes to existing chain station lighting, which will be replaced with the most
current chain station lighting standard. Included in the packet was a memo from Clanton &
Associates, the lighting consultant for the project, which described the lighting changes in
more detail.
There was some discussion about the number of parking spaces available at the chain up
station locations and whether or not the demand is being met, i.e., Dotsero and Vail. Moffet
expressed concerns about not having enough spaces and oversight. Bugby requested the
design include a permanent guard shack to monitor the activities which could be housed by the
various enforcement agencies. It was noted public input would be sought by hosting community
meetings scheduled for October.
The eighth item on the agenda was Resolution --No. 22, Series of 2014, A Resolution
Expressing Support for Congressional Wilderness Designation of Three Separate Areas on
Public Lands Surrounding or Nearby the Town of Vail. Courtney Krause, Polis Office
Representative, presented an update to the item which was tabled at the last meeting in order
Town Council Meeting Minutes of September 2, 2014 Page 4
that ERWSD and their office resolve differences and refine the language in the resolution. She
(W noted the current resolution revisions reflect the priorities agreed upon. Linn Brooks, ERWSD,
was present to support the current resolution. There was clarification that the revision related to
reducing the wilderness designations from six to three (Vail vicinity included Spraddle Creek,
Freeman Creek and No Name; removed designations were Corral Creek, portions of Eliot Ridge
and Homestake) were made outside the discussion with ERWSD and those changes had
already been made by Polis' office. Rogers moved to approve Resolution No. 22, Series of
2014, with the revisions; Moffet seconded the motion and it passed unanimously (6-0). It was
noted by Rogers that the passage of the resolution coincides with the 50th anniversary of the
passage of the wilderness act, a very worthy piece of legislation for Colorado.
The ninth item on the agenda was Resolution No. 24, Series of 2014, A Resolution Approving
the Ground Lease and Deed Restriction for the Timber Ridge Property as part of the required
action for redeveloping the eastern 5.24 acres of the Timber Ridge property in Vail. Town
Attorney Matt Mire noted the exhibits to the document were the same presented at the last
meeting on August 19 and noted 1) the lease includes the deed restriction, 2) the ground lease
was not changed, 3) the term is 50 years, 4) the arrangement does contemplate a tax exempt
status, 5) there is an option for the developer to purchase the property for $5M, 6) the deed
restriction defines as a requirement the need to be an eagle county employee, 7) the deed
restriction runs with the land unless zoning is changed by town council. It was noted that while
the last meeting included discussion about using an appraiser that would set forth the sale price,
the developer now requested this clause not be included in the deal. Bugby expressed
opposition to the sale of the land and would prefer a no vote because he does not agree with
the amount of the sale price. Moffet moved to approve Resolution no. 24, Series of 2014, Bruno
seconded the motion. Public input was taken at this time with comments submitted by resident
Paul Rondeau about the need to renegotiate the deal without the sale of the property. Rogers
presented her opposition to the deal as well at this time noting her concern with the changes in
the term and the sale amount included on the land. She expressed disappointment that such an
important agenda item be placed at the end of the meeting. Moffet spoke about the
negotiations that have occurred over many years with several developers reminding the council
members that there was never an intention to keep the land. Kurz noted his disappointment
that more people are not in the room expressing concerns; however, he did not see cause to
abandon the deal at this time and called for a vote on the resolution. The motion passed with a
four to two vote (Bruno, Chapin, Moffet, Kurz — yea; Bugby and Rogers — nay).
The tenth item on the agendas was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bugby seconded. The motion
passed unanimously, (6-0) and the meeting adjourned 8:30 p.m.
Respectfully Submitted,
Attest: SEAL
o dwig Kurz, May ro Tem
Town 1plerk
Town Council Meeting Minutes of September 2, 2014 Page 5
Vail Town Council Meeting Minutes
(W Tuesday, September 16, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation with input from several people as follows:
Lance Thompson, Vail Chamber and Business Association, spoke about an upcoming
golf tournament to benefit the Tom Slaughter Jr. Fund which helps support youth programming
in Vail. He encouraged everyone to join in the fun!
Dick Cleveland, resident and former councilor, congratulated the town on the recent
closing to redevelop the Timber Ridge project. He also spoke about an issue on the Vail Valley
Drive bike path noting some confusion about having to dismount bikes at the street and path.
And finally, he complimented the town for all the work being done on the Frontage Roads with
high praise for CDOT's cooperation to create the bike lanes.
Jonathan Levine, Hummers of Vail, distributed another document and continued to
express his concern with the Police Chief and his disappointment about a prior incident that he
was involved in.
John Gottlieb, resident, spoke about his support of pickle ball and encouragement that
the town continues to support the game by converting some tennis courts to pickle ball courts.
He thought offering this type of court to this group (many of who were in attendance at the
meeting) would be a tremendous community asset for such a growing demand of the sport.
Mayor Daly summarized some of the progress being made on the topic by the Vail Recreation
District subcommittee. There is a recommendation from the group to increase the number of
courts to a total of eight at Golden Peak. Daly encouraged their group to contact Todd
Oppenheimer with some of their recommendations as well. Jim Lamont, representing Vail
Homeowners Association, encouraged the group to work with and inform the area homeowners
as well since it seemed parking and noise may be negative factors to the residents. There were
comments from the group that some neighborhood contacts have already been completed.
Jim Lamont, Vail Homeowners Association, spoke about prior council meeting discussion
related to PEC's consideration of the Vail Valley Medical Center project as follows:
✓ the context surrounding his "moonlighting" comment, and related questions by and about
homeowner's concerns about the town serving as a partner with the developer or not with
the project,
Town Council Meeting Minutes of September 16, 2014 Page 1
✓ requested that an element of a traffic study include Vail Valley Drive and intersection of
West Meadow Drive with a scope that would include a review of the pedestrian cross traffic, 1J
✓ requested notification of the timeline of the project development listing topics & dates.
George Ruther, Director of Community Development, provided some comments and noted that
a timeline would be finalized and publicized in the very near future in order to meet some
predictability and transparency to the project. Chapin clarified his comment made earlier in the
day and spoke about the town's commitment to ensuring all those interested have access to the
information and public input similar to how they have approached the planning of the project up
to this point in time.
The second item on the agendas was the Consent Agenda as follows:
1. Minutes from August 5, 2014, Council meeting
Moffet moved to approve the August 5, 2014, minutes; Kurz seconded the motion and it passed
unanimously.
2. Minutes from August 19, 2014, Council meeting
Bugby had suggested some changes be made to the minutes related to his comments on the
Timber Ridge redevelopment. Moffet moved to approve the August 19, 2014, minutes which
included the changes; Bugby seconded the motion and it passed unanimously.
3. Resolution No. 25, Series of 2014, A Resolution in Support of the Great Outdoors Colorado
Grant Application for the Betty Ford Alpine Gardens Education Center; and Setting Forth
Details in Regard Thereto
Moffet moved to approve Resolution No. 25; Rogers seconded the motion and it passed
unanimously.
4. Resolution No. 26, Series of 2014, A Resolution Establishing the Timber Ridge Operations
Committee and Setting Forth Its Purpose and Duties
Moffet moved to approve Resolution No. 26; Kurz seconded the motion and it passed
unanimously.
5. 12-13-5 Employee Housing Unit Exchange Program - A Request Authorizing the Town
Manager to Execute a Release of a Deed Restriction from an Existing Employee Housing
Unit Pending Verification of Compliance with the Prescribed Development Standards
Moffet moved to authorize the Town Manager to execute a deed restriction release and approve
the request for an exchange of employee housing units, pursuant to Section 12-13-5, Employee
Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee
housing unit deed restriction at Lot 3, Block 7, Vail Village First Filing, pending verification of
compliance with the prescribed development standards in exchange for a fee in lieu payment of
$174,910.35, and setting forth details in regard thereto. Kurz seconded the motion and it
passed unanimously.
The third item on the agenda was action as a result of the executive session. Town Manager
Stan Zemler requested council's direction to enter into a Memo of Understanding between the
Vail Valley Foundation (WF) and the Town of Vail related to an automobile sponsorship which
was part of the earlier discussion during the executive session. It was noted that the VVF would
be entering into an arrangement with Volvo Cars of North America, and what would follow is an
agreement between VVF and Town of Vail. Zemler provided some highlights about the history
of the town's relationship with Volvo and some of the benefits in working with the group. Moffet
moved to authorize the Town Manager to enter into the agreement with Vail Valley Foundation
for the automobile sponsorship; Rogers seconded the motion and it passed unanimously.
Town Council Meeting Minutes of September 16, 2014 Page 2
The fourth item on the agenda was the Town Manager's Report which included an update
(W about two senior management resignations, first from Finance Director Judy Camp, and
secondly from Fire Chief Mark Miller. He explained some of the transitioning and succession
planning that is occurring with the positions noting a promotion of Kathleen Halloran to Finance
Director, the use of an outside recruiting company to help hire an Assistant Town Manager as
well as an in-house hiring process to begin immediately looking for a Fire Chief.
The fifth item on the agenda was the discussion on the Ford Park lower bench with information
presented by Greg Hall, Public Works Director and Todd Oppenheimer, Public Works Capital
Projects Manager and Landscape Architect. The purpose of this discussion was to update the
Town Council on certain elements related to the Ford Park lower bench improvements including
the 1) Restroom/Picnic shelter, 2) Playground Modifications, 3) Accessible route between Upper
and Lower Benches, 4) Completion of the Lower Bench Water Line Loop/Paver Enhancements
and 5) Electrical Transformer Screen near the Nature Center Bridge. Staff requested council's
direction noting item options and the need to also coordinate the Town of Vail's project
construction with the anticipated construction of the Betty Ford Alpine Garden Education Center
(BFAGEC) this fall. As items were presented and council's input included some of the following
comments:
■ Concerns about the sidewalk along the playground area
■ Restrooms should not be so visible; the new design seems to continue to place the RR front
& center
■ Keep the basketball courts vs. remove the court
■ Build an elevated sidewalk to accommodate the trees
■ Create a walkway, not a ramp, since the existing route is not in compliance for the ramp
■ How does the master plan address ADA compliance
■ Add more ADA parking spaces on lower bench
■ What does the ADA coordinator and Chief building Official favor with regard to the options
■ How to balance ADA compliance with ability to fund
There was a detailed review of item numbers 3 and 4 above, with staff presenting some ideas
about how to solve the ADA compliance concerns as well as an explanation about the
completion of the looped water main as a condition of approval by the Eagle River Water and
Sanitation District on the BFAG EC project. It was also noted that installing the concrete pavers
on the central part of Betty Ford Way would be accomplished most cost effectively while
rebuilding the roadway following the water line installation. The majority of council members
supported the Central Betty Ford Way water main installation and the Central Betty Ford Way
pavers installation (up to Manor Vail Bridge). At this time Mayor Daly also requested more
information about options for solving some of the ADA access concerns and layout of the path
on the south side of the park. Rogers noted that she did not want to delay any of the BFAG
construction projects. There was interest by Mayor Daly to tour the site one more time in order
to help them determine the best ADA option balanced with the appropriate funding level. He
then requested the final decision be postponed to a future meeting.
The sixth item on the agenda was Capital Projects Fund and the Real Estate Transfer Tax
Fund in preparation for the first reading of the budget ordinance scheduled for November 4.
The summary of spending in the Capital Projects Fund and RETT Fund (including projects
funded by the Vail Reinvestment Authority) were organized by functionality of the project:
whether it maintains town assets, enhances town assets, or is a new asset. Assistant Finance
Director Kathleen Halloran presented the CIP and RETT proposals and requested input from
the town council. The plan revisions and additional items were noted in the memo with a recap
Town Council Meeting Minutes of September 16, 2014 Page 3
of what projects were delayed. It was noted that the annual revenue for this fund is projected at
an average of $12.9 million per year, which mainly consists of sales tax revenues (projected at
an average of $10.3 million per year for the next five years) assuming the same split of sales tax
revenue with 62% going to the General Fund and 38% to the Capital Projects Fund. Revenue
streams over the next five years also include $785,000 of continued federal grants for bridge
reconstruction and $356,000 of state (CDOT) funding for planning and design of the 1-70
underpass project. Annual capital maintenance of town assets averages a cost of $2.8 million
per year, leaving approximately $10.1 million of cash funding available annually for larger
projects such as road reconstruction, parking improvements, facility renovations, variable
message signs, etc. The five-year strategic capital plan presented today results in an ending
fund balance of nearly $13.7 million in 2019 before inclusion of any projects considered
"unfunded". Plan revisions/additions were noted in the memo and the specific discussion topics
included 1) increase Funding for Chamonix Housing, 2) a possible reprioritizing of uses for town
owned land related to municipal building redevelopment, 3) include the Data Center to muni
building redevelopment, 4) reconcile projects with transit facilities master plan, 4) delay any
Dobson Arena funding to coincide with the WMC redevelopment project.
The RETT Fund was also part of the evening discussion, a fund with annual revenue projected
at an average of $5.9 million per year. Annual capital maintenance, parks and landscaping,
public art, programming for environmental sustainability, forest health management and support
of partnering service organizations costs an average of $2.8 million per year. This leaves
approximately $3.1 million per year of cash funding available for larger projects without the
utilization of fund balance. The RETT fund balance is projected to be $8.6 million by the end of
2019. This includes an infusion of $3.9 million in 2016 from the Capital Projects Fund to be used
for the Golf Clubhouse and Nordic Center project and savings of $1.3 million from bike lanes
that were completed during 2014. With other large projects recently funded from RETT such as
the Ford Park Fields, Amphitheater infrastructure, Booth Creek Park redevelopment, Library
recreation path and stream bank mitigation, staff recommends an inflow of funding from the
Capital Projects Fund to supplement the Golf Clubhouse project, an updated cost estimates
currently totaling $10.8 million. Plan revisions/additions were highlighted in the memo and
specific discussion topics included Glen Lyon Bridge, library path reconstruction, Booth Creek
Park funding and projections, bike lanes and AIPP funding.
There was finally a review of the unfunded projects lists, which represents projects not currently
included in the five-year capital plan, but with potential funding sources identified. The list had
been updated for projects that are now budgeted or completed. Some discussion took place
about the main Vail roundabouts, Lionshead parking structure enhancements and Skate Park,
street lights and alternative fuel infrastructure. There were several suggestions made to add to
the "unfunded project list" as follows:
1. Funding for open space property acquisitions identified in master plan
2. Funding for the Town's share of WMC project roundabout funding (not currently included)
3. Funding for stream bank stabilization projects, some of which is already budgeted
4. Funding for Phase 2 Timber Ridge redevelopment
5. Funding to add back the 2001 budgeted amount of $250K allocated as the "buy down
program". Zemler noted some problems with the program in their inability to find any people
who could afford to make the purchase even with the buy down feature of the program
6. Funding for additional hiking & biking trails as well as additional pickle ball courts
Town Council Meeting Minutes of September 16, 2014 Page 4
The seventh item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bugby seconded. The motion
passed unanimously, (7-0) and the meeting adjourned 8:30 p.m.
Respectf Submitted,
Attest:
An y Daly, Mayor
Patty MpKdpny, TgWh gIerk
AZ
Town Council Meeting Minutes of September 16, 2014 Page 5
Vail Town Council Meeting Minutes
Tuesday, October 7, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation with input from several people as follows:
James van Beek, Sheriffs candidate serving the Republican party running for office presented
his background and platform.
Courtney Holm, candidate for District 2 Eagle County Commissioner, introduced herself and
spoke about her background and platform for running for office.
Jonathan Levine, Hummers of Vail, again presented information related to his prior police
matter. At this time both the Mayor and Town Manager addressed the inappropriateness of
this ongoing input from him on a police matter. It was noted.that any further comments by Mr.
Levine should be submitted to the District Attorney's office and the courts. It was noted that
such complaints should not be directed towards local government officials as both the charter
and state statute do not allow for such interference in police matters.
Kara Bettis, Eagle County Coroner, thanked the town council for serving the community. She
also noted her candidacy as an incumbent for the coroner's office sharing her background and
qualifications for the position.
The second item on the agendas was the Consent Agenda as follows:
1. Minutes from September 2, 2014 Council meeting
Moffat moved to approve the September 2, 2014, minutes; Kurz seconded the motion and it
passed unanimously by those voting (Daly abstained since he was absent from the meeting;
6-0).
2. Minutes from September 16, 2014 Council meeting
Moffet moved to approve the.September 16, 2014, minutes; Kurz seconded the motion and it
passed unanimously (7-0).
3. 12-13-5: Employee Housing Unit Exchange Program —A request authorizing the Town
Manager to execute a release of a deed restriction from an existing employee housing unit
located at 1711 Geneva Drive
Town Council Meeting Minutes of October 7, 2014 Page 1
It was noted the Vail Local Housing Authority unanimously recommended the Vail Town Council
approve the proposed exchange of an employee housing unit located at 1711 Geneva Drive,
North Half Lot 5, Matterhorn Village Filing 1 in exchange for a fee in lieu payment for 1,119
square feet. It was noted by Town Attorney Matt Mire that this transaction is a cash payment.
Rogers moved to approve the request for an exchange of an employee housing unit pursuant to
the program to allow for the release of an employee housing deed restriction at that location.
Kurz seconded the motion and it passed with a six to one vote (6-1; Moffet - nay).
4. 12-13-5: Employee Housing Unit Exchange Program —A request authorizing the Town
Manager to execute a release of a deed restriction from an existing employee housing unit
located at 4166 Columbine Drive
The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the
proposed exchange of an employee housing unit located at 4166 Columbine Drive, Lot 18,
Bighorn Subdivision in exchange for a fee in lieu payment for 860 square feet. Moffet
expressed concerns and noted the funds collected with this transaction for housing fee in lieu
must be then used for housing. He requested a review of housing policy be made in the near
future. Kurz moved to approve the request for an exchange of an employee housing unit
pursuant to the program to allow for the release of an employee housing deed restriction at that
location. Rogers seconded the motion and it passed with a six to one vote (6-1; Moffet - nay).
The third item on the agenda was action as a result of the executive session. There were no
actions taken as a result of the executive session.
The fourth item on the agenda was the Town Manager's Report which included an update
1. Town's Passenger Transportation Ordinance & Outreach Meetings Update presented by
Police Chief Dwight Henninger
The presentation addressed the passenger transportation ordinance which was adopted in
order to hopefully alleviate the congestion caused by agencies providing transportation services
to the resort community. There was a review of maps showing staging locations with a
reminder that permits and licenses are required. It was noted this program has been successful
in reducing the conflicts occurring between types of services offered. There were no further
recommendations made to the program and licensing. Jonathan Levine, Hummers of Vail,
noted several concerns, such as 1) the evening's meeting was not made public by the police
department, 2) the permitting and enforcement of Uber vendors and services, 3) there is no
location for limousine staging in the 15 min parking zone area, 4) requested another meeting
with Police Chief to address his concerns. A brief update was then provided answering the
Mayor's question about the use of video cameras by police officers in cars and on body; Chief
Henninger's response noted some of the technology improvements and shortfalls in that there
has not been a good product for videos yet to use by the officers.
The fifth item on the agenda was the Vail Golf and Nordic Center Clubhouse Project update
presented by third party consultant, Chris Penney NV5, along with Stan Zemler and Greg Hall,
Public Works. Zemler noted the item had been scheduled as an update first with, a public
hearing to follow at the next meeting in order to gather further community input about the
proposal and next steps. There was mention that a joint session was held with the Vail
Recreation District Board at their September meeting. Chris Penney with NV5 consultants then
presented the results of his review of the project budget with follow up recommendations and
proposed next steps. His presentation included a review of several business points including
the process and project and budget history and reasons for supporting of the budget quality on
the project. He noted the proposed budget as conservative with support of the remodel as still
the right solution. It was noted that the current estimate for the remodel is $3.9 million more
Town Council Meeting Minutes of October 7, 2014 Page 2
than the original budget because of escalation in construction costs. His suggestions for
moving forward were made which included:
✓ Engage a Project Manager / Owner's Representative
✓ Restart Zehren and their consultants
✓ Initiate'VE' process
✓ Submit to DRB
✓ Solicit a CM/GC, concurrent to DRB process
✓ Budget check at conclusion of CM/GC selection process
✓ Begin construction in September 2015
He noted some costs may be reduced if these steps were taken and PEC has already reviewed
the proposed project in its current state. Greg Hall presented some of the project details, 1) the
floor plans, 1' and 2nd floors, elevations, 2) the exterior angles of the clubhouse from each
geographic viewpoint, and 3) the site plan noting that it would be built on existing foundation
with some bump out to the eastern side of the lot — possibly 12 to 14 feet. There were some
questions and Zemler then spoke about the building capacity and parking spaces. Mayor Daly
invited public input at this.
1. Debra Webster, resident, asked about using existing structure vs, building new structure and
expressed concerns of moving forward if the court rulings were not final with a request
council reconsider spending more money on the project at this time while the appeal is still
being heard by the courts.
2. John Rediker, PEC member and resident, spoke about increase in construction costs
especially attributable to the change in the scope of work and asked their consideration for
releasing a request for bids on the project, which might help reduce costs. There was some
discussion about the pros and cons of going out to bid with such high costs occurring (up
9% per year on the project). The consultant expressed. a good comfort level with the
proposed budget noting that there may be a need for a higher contingency of 20% for this
project. Other bidding processes were discussed.
3. Kevin Hoechtl, resident, supported the remodel of the Golf Clubhouse and Nordic Center as
in its current state it is an eyesore and in some regards not up to building codes. It is time
for a world class status building and time to get to a solution.
4. Lori Allen, resident, supported the project noting the land is beautiful but the building is
substandard. It is necessary.
5. Jonathan Levine, Hummers Vail, noted that he hears most would prefer to build new rather
than remodel.
6. Jim Lamont, Vail Homeowners Association, suggests that a maximum budget is established
given all the perplexities of the construction costs that ebb and flow in the economy. He
submitted his position about several business points as follows: 1) what will be the utilization
of the space, 2) consider a value -engineered approach, and 3) suggests estimating future
litigation costs and what happens if the town does not prevail.
There was Town Council input at this time with various comments made about the project:
Moffet spoke about his support of the project in light of the community vote'. in 2011 (having
read the ballot question) with consternation about the rising costs but also noted they will
monitor costs closely and explained he fully understood what the public wanted on this
matter with the success of the vote.
Rogers fully agreed with Moffet noting nothing controversial about the uses at this facility;
and secondly, a tear down would require more funds and more time because it would be
considered a new proposal that needs to go through the full process which would all cost
more. Rogers moved to approve $3.9 M to develop the Clubhouse and Nordic Center; Kurz
seconded the motion.
Town Council Meeting Minutes of October 7, 2014 Page 3
Kurz indicated that if they do not move forword at this time, they are going backwards as a
community and he did not support stopping the process. He expressed that a redesign will
cost more than a remodel and the town cannot afford those additional costs.
Bruno agreed with these comments as well suggesting the community voted on this multi
use aspect and it is a community asset that should not be looked at it in a limited fashion.
Chapin spent a few minutes talking about the project and the many perceptions surrounding
it. He supports the fact the community needs a world class facility at that location and
delaying the project is not sensible. It is time to move on. He also thanked the community
for their input.
Bugby requested clarification on the motion and whether or not the additional funding was
for the current design. Rogers responded with her support for the additional funding for the
current design. He proceeded to detail some of his concerns, 1) public is opposed, 2)
flawed design, 3) making an event center out of a golf clubhouse, 4) there was deception in
the process and ballot question, 5) project is over budget, 6) shortage of parking, 7) litigation
is ongoing, and finally expressing his opposition to the project in its current state. He
requested a new forecast on the revenue & expenditures and a full service restaurant be
included with the project.
Kurz noted he was not involved in writing the ballot language and expressed great objection
to comments made about deceiving the public; he pointed out these comments are opinion -
based and not in the best interest of working together.
Daly noted that he and Rogers were on town council at the time of the election and drafting
the ballot language. He expressed his pride in serving the community of Vail and noted their
intent was never to deceive the public and took exception to earlier comments made. He
agreed the project has taken on quite the negative reputation and noted the lack of
adequate initial public outreach with the surrounding property owners. He raised the point
that their public process approach has been adjusted as a result of the clubhouse in that
both the Booth Creek Park and 1-70 planning processes have included stakeholder and
community involvement upfront. He supported the clubhouse remodel as it is time to
upgrade the building which has served so many community functions and uses over the
years. Daly expressed his appreciation to his colleagues and community for their input,
noting some sound suggestions were provided about the operating agreement, occupancy
limits and sound restrictions.
Staff requested direction with regard to the recommended next steps for the Vail Golf and
Nordic Center Clubhouse project and clarification about whether or not to include an
amendment to the project budget of $3.9 M to be funded from the Capital Projects Fund. Daly
noted the motion on the table from Rogers with a second by Kurz and a reminder about the
follow up steps to include as part of the motion, 1) Engage a Project Manager / Owner's
Representative, 2) Restart Zehren and their consultants, 3) Initiate 'VE' process, 4) Submit
plans to DRB, 5) Solicit a CM/GC, concurrent to DRB process, 6) Budget check at conclusion of
CM/GC selection process, and 7) to begin construction in September 2015. Rogers expressed
her dismay with the name calling that has occurred by Councilor Bugby and reiterated her
motion to approve the supplemental funding of $3.9 from the CIP Fund and to proceed with next
steps as identified. The motion passed with a six to one vote (6-1; Bugby— nay).
Town Council Meeting Minutes of October 7, 2014 Page 4
The sixth item on the agenda was the Town of Vail Municipal Site Redevelopment presented by
Director of Community Development George Ruther and Will Hentschel, 359 Design, noting the
purpose was to seek council and public input on the proposals for redeveloping the Town's
municipal site, located at 75 South Frontage Road which currently houses the Town's
administrative offices, police department, community development department and community-
wide recycling drop off center. The council packet memorandum outlined redeveloping the site
with three alternatives for consideration as follows
1. Construct a +/-160 space parking garage and repair outdated building systems in the existing
building.
• Adds +/-80 incremental new public parking spaces.
• Demolishes the Community Development Department building and remodels the existing
Town Administrative Offices.
• Major disruption to operations during the remodel process.
• Allows for future uses atop the entire area of the parking garage.
• Likely the least expensive alternative.
• Allows for a more extensive redevelopment to occur at a later date (i.e., Police Department).
2. Construct a +/-160 space parking garage and construct a new municipal office building where
the Town's administrative offices are currently located.
• Adds +/-80 incremental new public parking spaces.
• Demolishes the Community Development Department building and the Town's Administrative
Offices at the same time.
• Requires the relocation of the town's municipal offices for the duration of construction
• Requires minimal revisions to the current building plan sets.
3. Construct a +/-160 space parking garage, 15 surface parking spaces, 'and build a new
municipal office building atop the parking garage. '
• Adds +/-80 incremental new public parking spaces.
• Demolishes the Community Development Department and allows the use of the Town's
Administrative Offices while the new building is under construction.
• Requires more extensive revisions to the current building plan sets.
• Increased utilization of the redevelopment site.
• Likely the most expensive alternative.
There were several questions asked by town council members as follows:
✓ What about including a performing arts facility which could house performances and art
exhibits?
✓ How about including a plaza with the design?
✓ How about including a parking garage?
✓ How will disruption of the day to day business be mitigated?
✓ Does the current use of the land make the best choice considering the location?
✓ Is the site being utilized fully?
✓ How about more meeting facility space?
✓ How about grocery store?
✓ Would this location be better used for housing?
✓ Would this location be suited to including commercial or office space?
Public comment was provided by resident Stephen Connelly who requested a thorough and
new review be completed with public input as to what to include at that location and that options
be provided which would best optimize the site. In summary, there was consensus to direct
staff to continue to evaluate whether or not other services or uses should be included in the
Town Council Meeting Minutes of October 7, 2014 Page 5
redevelopment of the site. It was noted the current proposals include primarily a municipal
services use with the plan to increase the parking spaces to 160 with a parking garage.
The seventh item on the agenda was discussion about the 2014-2015 Winter Parking Program
as presented by Greg Hall, Public Works, with a request to approve the 2014-2015 Winter
Parking Program. He noted that every year the Town Council approves the winter parking
program for the upcoming season with a recommendation to keep the program the same as the
last year. He noted that new this season will be several operational improvements following
installation of state-of-the-art parking equipment, including a license plate recognition feature
that will systematically record the entry and exit of each vehicle, which will then be used to
pinpoint lost ticket charges and re-entry access. In addition, he described the pay -on -foot
stations being installed in the Vail Village and Lionshead parking garages that will enable pass
holders to add value to their cards at any time once the card has been certified or re -certified by
the town's parking sales office as well as expedite departure through a new express lane in
Lionshead. As a guest service feature, the system will also be used to help reunite drivers with
their cars by identifying which lot the vehicle entered. He also spoke about impacts from the
2015 Alpine World Ski Championships in February which would cause a closure of the 50 space
soccer field parking lot from 1/2/2015 to 3/15/2015 for pink pass holders. Those holders will be
redirected to the Ford Park lot during the closure. He spoke about obtaining a 3 month
exception from CDOT to allow use of the 35 spaces along the N Frontage Road near Middle
Creek to offset some of the lost parking. The Middle Creek parking had previously been used by
pink parking pass holders. There was unanimous support of the program at the current pass
rates, the current 2 hour free parking, free parking after 3 pm, and support for a request to
CDOT about the use of the Frontage Road. There was some discussion about the ordinance
violations imposed against those departing and reentering the parking structure within thirty
minute timeframes, referred to as "looping." It was noted the enforcement has been minimal in
this regard and there are some lost revenues with the behavior but the new equipment might
help in reducing it. There were some public input suggestions made that might help improve
some of the issues related to changing the signage and using tolerance with respect to looping.
Council requested to re -set looping actions to fifteen minutes for re-entry and asked staff to
collect data with no penalties at this time. It was noted that a review of this topic would be made
again after the first of the year.
The eighth item on the agenda was Ordinance No. 15, Series of 2014, First Reading,
Amending SDD8 as presented by Joe Batcheller, Community Development, who noted the
ordinance would repeal and reenact the approved development plan for Special Development
District No. 8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code,
to allow for the conversion of three commercial condominiums to three residential
condominiums, located at 1650 Faliridge Road (Faliridge) / Lot 2, Sunburst Filing 3, and setting
forth details in regard thereto. (PEC140033) The Planning and Environmental Commission
recommends the Town Council approved first reading of Ordinance 15, Series of 2014, with the
following conditions:
1. The applicants shall each mitigate the employee generation impact created by the addition
of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.; C-3, 1,517 sq. ft.) in
accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code.
Each applicant shall mitigate their specific unit's impact according to the methods and timing
prescribed in Section 12-24-6, Methods of Mitigation, Vail Town Code.
2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and
governing documents regarding the change in use for units C-1, C-2, and C -
The applicants, Matthew King, Mery Lapin and Bill Pierce, spoke on behalf of their request. The
discussion addressed numerous topics about:
Town Council Meeting Minutes of October 7, 2014 Page 6
• The basis for the request and why the sizeable upzoning
• Typically do not convert commercial units to residential units
• What is the public benefit for the town approving this request
• There is a loss of revenue with this approval
The applicants noted some difficulties in achieving success with the units zoned commercial;
there is no interest in office space or a restaurant (which is what the space is slated for) at this
residential location. There was some opposition to the request because of the lack of public
benefit gained from approving the request although it was suggested that some condition about
enhancing housing would be a suitable trade off. Kurz moved to approve Ordinance No. 15,
Series of 2014. Bugby seconded the motion and it passed with a four to three vote (Bruno,
Moffet, Rogers — nay; 4-3). There was no public input on this matter.
The ninth item on the agenda was First Reading of Ordinance No. 16, Series of 2014, An
Ordinance Amending the Vail Town Code by the Addition of a New Section 6-3D-6, Prohibiting
the Use of Compressed Flammable Gas in THC Extraction in Town Vail; and Setting Forth
Details with Regard Thereto, as presented by Matt Mire, Town Attorney, with a request to
approve, amend or deny first reading. He noted that since the adoption of Amendment 64,
Colorado residents are attempting to extract THC from their personal use marijuana plants
within their homes using compressed flammable gas as a solvent. Newly adopted C.R.S. § 9-
17-113 expressly authorizes municipalities to prohibit this practice. Chapin moved to approve
Ordinance No. 16, Series of 2014, Moffet seconded and the motion passed unanimously (7-0).
There was no public input on this matter.
The tenth item on the agenda was adjournment. There being no further business to come
before the council, moffet moved to adjourn the meeting and Kurz seconded. The motion
passed unanimously, (7-0) and the meeting adjourned 9:45 p.m.
Town Council Meeting Minutes of October 7, 2014 Page 7
Vail Town Council Meeting Minutes
Tuesday, October 21, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
i
Staff members: Stan Zemler, Town Manager
Matt'Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation with input from several people as follows:
1. Chuck McConnell introduced himself as candidate for Colorado House of Representatives,
District No. 26 representing Eagle County, who then shared some background qualifications
and experience.
2. Jonathan Levine, Hummers of Vail, expressed concerns about Chief Henninger related to
transportation vendor licensing and how the town will handle Uber services offered in the
upcoming season. Mayor Daly responded that no further changes to the !ordinance would
be considered since there has not been any negative feedback received from the
community or service providers.
The second item on the agenda was the Consent Agenda items as follows:
1. Resolution No. 27, Series of 2014, Resolution approving Vail Local Marketing District 2015
Budget
Moffet moved to approve Resolution No. 27; Rogers seconded the motion. Bugby noted
concerns about the funding portion to Vail Valley Partnership for the group sales operations. He
noted the amount was 20% of the overall VLMD budget as too much to pay and requested
further review. Daly noted the VLMD budget discussion was already held at which time the
details of the budget were addressed. The motion passed (6-1; Bugby-opposed).
2. Resolution No. 28, Series of 2014, Snowberry Easement Exchange Agreement
Moffet moved to approve Resolution No. 28; Kurz seconded the motion and it passed
unanimously (7-0).
3. Proclamation No. 4, Series of 2014, A Proclamation Declaring November, 2-8, 2014
Childhood Cancer Awareness Week
Moffet moved to approve Proclamation No.4; Kurz seconded the motion and it passed
unanimously (7-0).
Town Council Meeting Minutes of October 21, 2014 Page 1
4. Proclamation No. 5, Series of 2014, A Proclamation Declaring October 19-25, 2014, As
National Friends of Libraries Week
Moffet moved to approve Proclamation No. 5; Kurz seconded the motion and it passed
unanimously (7-0).
The third item on the agenda was action as a result of the executive session. There were no
actions taken as a result of the executive session.
The fourth item on the agenda was the Town Manager's Report which included information
about the following:
1. Update about Vail Fire Chief Mark Miller's resignation and last day with Town of Vail as
November 7, 2015, and hiring of an interim Fire Chief, Steve Pishke, who has extensive
background and qualifications. It was noted the hiring process for a permanent replacement
would begin with the use of an appropriate search.
2. Update about tire check locations with some discussion about whether or not the town
would be able to provide this service; staff was asked to provide such service program. It
was noted there has been a great deal of collaboration already with CDOT to be more
proactive with education and enforcement on the 1-70 corridor in order to alleviate some of
the issues with closures, many of which are due to bad tires on vehicles.
The fifth item on the agenda was the presentation about a proposed draft program for
disposable bag waste reduction as reviewed by Kristen Bertuglia, Environmental Sustainability
Manager. It was noted the discussion was meant to obtain input on some of the proposed
elements of a possible ordinance. There was mention of the Environmental Sustainability
Strategic Plan, adopted by the Vail Town Council in 2009, which committed the Town to
reducing waste, reducing energy and carbon emissions, ensuring that the natural environment,
specifically air and water quality, are improved, and that public education and awareness has
increased. So in an effort to serve as environmental leaders, Bertuglia noted the town proposes
addressing single use plastic shopping bags as an environmental concern. A quick review of
the reasons why not to use plastic bags was made. After some additional information was
presented, Mayor Daly asked for public input:
1. Mike Dunahey spoke about his support of using reusable bags and has been doing so since
the 70s. He requested the town to please move forward with this effort.
2. Frank Barborek, resident, spoke about the use of different types of recycling bags made out
of differing products and there are pros and cons to using each of the different products. He
expressed concern about a plastic bag ban because of this reason and requested a
thoughtful approach to identifying many options that could be pursued.
3. Shawn Ruckman, resident, spoke on behalf of her employer Vail Honeywagon, and in her
role as Recycling Manager, she has familiarity with the recycling ordinance. She expressed
support of more education about the kinds of recycling bags available and a support of using
a fee to help fund the educational efforts on the topic.
4. Bob Maroney noted the many statistics and studies that exist with regard to the plastic bag
ban topic and encouraged the town to move forward doing the right thing by addressing a
ban on use of the bags.
5. Kim Langmaid, Walking Mountains Science School, expressed support to the Town of Vail
in making environmental decisions and serving as leaders in the community to move forward
with an ordinance.
6. Stephen Connelly, resident, spoke about some pros and cons that surround many studies
and encouraged the town to move forward with implementing its 2009 priorities established
Town Council Meeting Minutes of October 21, 2014 Page 2
in the sustainability document. He encouraged clear and strong language in the ordinance
that bans the use of these plastic bags.
7. Gwen Scalpello, resident, encouraged moving forward with banning use of plastic bags, but
was not supportive of then turning around and charging for brown bags.
8. Bob Boselli, local business owner, has joined in the effort to provide customers with other
options to the plastic bag and supported focusing on the banning of the use of plastic
grocery bags as a start, and then possibly expanding the ban to a broader retailer group.
9. Keith Eickelman, a vendor who: sells bag products to retailers, spoke about resort
communities transitioning away from use of plastic bags and suggests a careful review
when doing so, noting that reusable products often cost more and are made oversees.
There was further review of Colorado Association of Ski Town's "Bag Challenge — 2010 with
some successful participation from Vail. Bertuglia also identified other items 'that have helped
provide context to the effort, such as the Bag It Movie — 2012, the White Paper presented to
Council in 2013, both Safeway and City Market are supportive of the effort, and support from the
Community Survey. There were a number of elements suggested to include with a disposable
bag ordinance as follows (Vail's Draft Program):
1. Ban on plastic, 10 cent fee on paper. (carryout bags only)
2. Applies to: grocery stores only (over 3,500 sq ft)
3. Applies to: carryout bags only (not produce bags)
4. Fees collected: 25% to stores, 75% to fund for waste reduction/education; Fee collected is
designated to environmental education and waste reduction, a portion of which is retained by
grocery stores for administration
5. May 1st effective date; A reasonable timeline for implementation
In addition some next steps were identified, 1) Draft ordinance revisions, 2) First reading
fall/winter 2014, 3) Community outreach/phase In period, 4) Implementation May 1, 2015.
Mayor Daly asked for Council input as follows:
Bruno asked for information about what Hawaii has implemented and suggested there is a
complete review of the pros and cons of the options. Moffet expressed there are areas of the
country that have been moving in this direction already. Kurz expressed support for moving in
this direction but with some reservations about charging a fee for other bags at the grocery
stores. Rogers spoke in favor of imposing a plastic bag ban for all the reasons discussed and
noted the right step to improving Vail's goal of environmental stewardship.` Chapin supported
the fee to support educational programs and supportedthe ban be imposed on both grocery
stores and retailers. Bugby spoke about the need to review the ban in relation to other larger
impacts or other kinds of garbage and how it does in contributing to clogging up landfills and he
opposed a fee. Daly supported the ban but does not support a fee on paper; bags, and sees the
town serving an educational role in the effort. Chapin doesn't necessarily support the fee but
thinks it might be needed in order to change the behavior. Rogers supports the fee and thinks it
necessary. Mayor Daly encouraged the town to stay sensitive to the guest driven resort that
Vail is as a community and thanked the public for their feedback and input on the topic. At this
time staff was asked to draft an ordinance for consideration at a future meeting.
The sixth item on the agenda was Resolution No. 29, Series of 2014, A Resolution Approving
an Emergency Response Services Intergovernmental Agreement Between the Town of Vail and
Eagle County; and Setting Forth Details in Regard Thereto, Matt Mire, Town Attorney, noted
that the Vail Fire and Emergency Services has historically provided emergency response
services for incidents outside town limits occurring on Vail Pass between mile markers 182 and
Town Council Meeting Minutes of October 21, 2014 Page 3
190 on Interstate 70. After many discussions, the Town and the County have agreed to enter
into a formal agreement whereby Vail Fire will provide for the town's continued provision of
emergency response services for incidents occurring on Vail Pass for 2015. Mayor Daly
highlighted some of their concerns with providing this service over the years in that the town has
spent well over $150K per year, the drain it has presented on the town's ability to staff these
scenarios and the impact of wear and tear on its vehicles. He hoped implementing this IGA
would be a considerable successful compromise on this matter. The Council thanked Fire Chief
Mark Miller for his effort in getting this headed in the right direction with the county and the
County Commissioners for their support. Bugby moved to approve Resolution No 29; Moffet
seconded the motion and it passed unanimously (7-0). There was no public input on this topic.
The seventh item on the agenda was Ordinance No. 15, Series of 2014, Second Reading,
Amending SDD8 as presented by Joe Batcheller, Community Development, an ordinance
repealing and reenacting the approved development plan for Special Development District No.
8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for
the conversion of three commercial condominiums to three residential condominiums, located at
1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard
thereto. (PEC140033) On October 7, 2014, the Vail Town Council approved the first reading of
Ordinance No. 15, Series of 2014. After some discussion and concerns expressed related to
public benefit recommendations, Moffet moved to table the item until November 4, 2014; Chapin
seconded the motion. There was a request that the applicants provide a recommendation that
would help to develop an offsetting value to the passage of this ordinance, in other words
suggest a more favorable public benefit for the community. Chapin noted that tabling the item
would allow more time for some education about this type of request. Staff presented the
request and Matthew King, applicant, spoke about their inability to use the units successfully as
commercial units, noting that there really is not a financial windfall for them with the request, as
there would be substantial costs to convert them to residential units. He also suggested the
revenue generated by the units served as a town benefit. Mayor Daly noted the motion on the
table and the motion was approved (6-1; Kurz -opposed). There was a request for a site tour to
the property during the November 4th meeting. Mire reminded everyone that tabling the item
meant the public hearing would also be continued.
The eighth item on the agenda was Second Reading of Ordinance No. 16, Series of 2014, An
Ordinance Amending the Vail Town Code by the Addition of a New Section 6-3D-6, Prohibiting
the Use of Compressed Flammable Gas in THC Extraction in Town Vail; and Setting Forth
Details with Regard Thereto. Matt Mire, Town Attorney, noted since the adoption of
Amendment 64, Colorado residents are attempting to extract THC from their personal use
marijuana plants within their homes using compressed flammable gas as a solvent. Newly
adopted C.R.S. § 9-17-113 expressly authorizes municipalities to prohibit this practice. Moffet
moved to approve Ordinance No. 16; Kurz seconded the motion and it passed unanimously (7-
0). Mayor Daly invited public input on this topic; there was no public input.
Town Council Meeting Minutes of October 21, 2014 Page 4
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Kurz seconded. The motion
passed unanimously, (7-0) and the meeting adjourned 7:35 p.m.
Town Council Meeting Minutes of October 21, 2014 Page 5
Vail Town Council Meeting Minutes
Tuesday, November 4, 2014
6.00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
Mayor Daly presented the proclamation for Colorado Gives Day on December 9 which was read
into the record by Mayor Pro Tem Kurz. Paula Palmateer, with the Red Ribbon Project, spoke
on behalf of the other non profit community organizations with 40 groups signed on to receive
funding. She recognized the local businesses and government agencies for all the support of
the work being done by the charities throughout Eagle County. Bugby moved to approve the
proclamation; Rogers seconded and the motion passed unanimously (7-0). Mayor Daly thanked
all those who were in attendance.
The first item on the agenda was Citizen Participation with input from::
Kirk Hansen, resident of Pitkin Creek, identified a stream embankments issue North of 1-70
as a partially failed creek bank about 100 yards up -creek from Fall Line Drive in East Vail
noting concern the creek bank will fail completely when water levels rise high enough. The
Falls at Vail HOA is asking Town of Vail to follow the recommendations outlined in the River
Restoration report to help rebuild, secure and protect the stream bank in that area. It was
noted town staff would evaluate the area.
The second item on the agenda was the Consent Agenda items as follows:
1. Approval of the October 7, 2014 Town Council Meeting Minutes
Moffet moved to approve the minutes; Bugby seconded the motion and it passed unanimously
(7-0)
2. Approval of October 21, 2014 Town Council Meeting Minutes
Moffet moved to approve the minutes; Bugby seconded the motion and it passed unanimously
(7-0)-
3. Proclamation for Colorado Gives Day
Moffet moved to approve the proclamation; Kurz seconded the motion and it passed
unanimously (7-0).
Town Cuuncil Meeting Minutes of November 4, 2014 Page 1
Moffet moved to approve all other resolutions on the consent agenda; Bugby seconded the
motion and it passed unanimously (7-0).
4. Resolution No. 30, Series of 2014, TOV Bank Account Signature Authorization First Bank
5. Resolution No. 31, Series of 2014, TOV Bank Account Signature Authorization Alpine Bank
6. Resolution No. 32, Series of 2014, TOV Bank Account Signature Authorization Colotrust
7. Resolution No. 33, Series of 2014, TOV Bank Account Signature Authorization Piper Jaffray
8. Resolution No. 34, Series of 2014, TOV Bank Account Signature Authorization Schwab
The third item on the agenda was action as a result of the executive session. There were no
actions taken as a result of the executive session.
The fourth item on the agenda was the Town Manager's Report which included an update on
the Council Action Plan and Capital Projects/Program Reports through September 30, 2014.
This agenda item discussion was set for the next meeting.
The fifth item on the agenda was the Betty Ford Alpine Gardens Education Center (BFAG) —
Lease Area Amendment and Financial Surety as presented by George Ruther, Director of
Community Development. He noted the need to obtain council's consideration and approval of
the general lease terms, lease area amendment and proposed form of financial surety prior to
the construction of the education center on town owned land. He reviewed the packet memo
with a summary about how the proposed lease area terms address BFAG efforts to expand their
improvements and operations within Ford Park to an area presently outside the leasehold area,
thus, the need for an amended lease. Such terms noted in the lease included the term of 49
years ending on May 30, 2046, the improvements which reference the education center and its
operations (Betty Ford Gardens Education Center Operational Plan, as amended, July 7, 2014),
the uses, program of space, parking and access, to name a few. In addition there was a review
of the Town Council's requirement the Betty Ford Alpine Gardens demonstrate the financial
ability to complete the construction of the Education Center once started with a request for
financial surety with the posting of a completion bond prior to the issuance of a building permit.
Jack Hunn, representing BFAG, was present to express difficulties associated with posting a
completion bond and instead proposed the Town Council accept an approved line of credit, to
which the Town of Vail shall have access, in an amount sufficient to cover the cost of
completing the project. He referenced the loan commitment letter included in the packet
materials. There was some discussion about the costs related to using either a performance
bond vs. a line of credit. Hunn requested consideration for requiring the line of credit rather than
the bond in an effort to save some costs that could then be use for construction costs of the
project. It was noted that in light of the long term relationship with BFAG and the fact that other
projects were not required to provide the performance bond, the town should allow the line of
credit. Mayor Daly preferred requiring the bond to cover the town's risk and as well because the
financial condition of the BFAG has not been that strong in the past five years. Other discussion
addressed the following topics, 1) total project costs ($4M), 2) actual and projected monies
raised through pledges and donations, 3) status of grant applications, 4) costs of a bond, 5) loan
language revisions related to funding the project, and 5) questions about collateral. It was
suggested the amendment also address the BFAG fiscal responsibility to cover the costs
associated with the maintenance of the new building; council expressed some concerns about
these maintenance responsibilities and the need for an operational plan that would address
some of the finer details about park operations, access, parking, deliveries, etc.
Town Council Meeting Minutes of November 4, 2014 Page 2
Bugby moved to approve the request by BFAG for their financial surety and construction
building permit; Rogers seconded the motion. The Town Attorney noted a motion was not
necessary for this item and then summarized the direction from council to staff as the following,
all of which were supported by Town Council.
✓ Approve BFAG moving forward with obtaining the building permit
✓ Further council review of an amended lease and operational plan in the near future
✓ BFAG would proceed with providing a line of credit to the town with some involvement by
the Town Manager, Town Attorney and with Alpine Bank to ensure the appropriate
protections are in place for the town
The sixth item on the agenda was a presentation on the 1-70 Vail Underpass Update and Noise
Assessment presented by Tom Kassmel, Public Works Engineer, Felsburg, Holt and Ullevig.
The purpose was to provide an update of the design progress, provide the summary results of
the 1) Traffic Noise Impact & Assessment, 2) outline the process for consideration of noise walls
3) design updates, and 4) identify the next steps in the process. The draft traffic noise impact &
assessment report was completed by FHU in accordance with Federal and State laws and
guidelines, and based on their findings; noise impacts were identified and the construction of
noise walls to abate traffic noise has been found to be reasonable and feasible. There was
some discussion about a survey that could be conducted in order to better understand what the
neighborhood would prefer in terms of abatement solutions. But in order to proceed, results of a
survey of the benefitting noise receptors would need to be supported by a majority of the
benefitting noise receptors. In addition it was noted that the design team would continue to
move forward with the design and the environmental analysis to more thoroughly vet the design
solution. It was noted as the process continued, the design team will update and continue to
receive input from the Town Council and the community on the project's progress and any
notable changes, through public meetings process. Mayor Daly asked for public input at this
time:
1. Rich Larsen, Simba Run resident, expressed some dissatisfaction with the surveying need,
the format and the entire process and noted this as a regulatory overreach; he noted the
solution is far worse than the problem.
2. Oscar Caylan, Simba Run resident, expressed that possible solution identified does not help
the unit owners, too much studying is involved, and the need for education prior to sending
the survey so participants understand what is at stake.
3. Carol Calcaterra, Simba Run resident, expressed thanks to those involved and spoke from a
Vail resident perspective, not a unit owner perspective, sharing her love of Vail and its
beauty
4. Katie Stater, Savoy Villas, commended staff on their efforts with the project, expressed her
keen interest in the visual and design elements of the project as well as the decibel impact
of the wall; would like to see drawings of a proposed wall.
5. William Pierce, Simba Run resident, expressed concern there is really not enough
information just yet, further study should be completed to identify all options
6. Charlie Calcaterra, Simba Run resident and board member, thanked staff for attending their
homeowner's meeting along with the consultants and expressed his request that the project
continue to get the study it deserves so that all options can be identified and reviewed by the
neighborhood, staff, consultants and town council.
7. Jonas Staller, Savoy Villas units, expressed his request that the homeowners have a
chance to review any designs before making final determinations on the project; and thought
maybe addressing some of the impacts could be done with some landscaping efforts.
Town Council Meeting Minutes or November 4, 2014 Page 3
S. Kim Langmaid, West Vail resident, expressed a request that the town consider creating a
wall that is wildlife friendly.
9. Jim Lamont, Vail Homeowners Association, expressed concerns about truck size access,
and noted their board feels the project is beneficial to the community and noted the frontage
road system should work at a standard road network capacity. He expressed that the idea
of the sound walls is of interest to the community as a whole and such decision should be
evaluated by the entire community.
There was council feedback with some concerns and questions expressed.
✓ How does the survey and possibly construction of noise berms impact costs of the project
and who is responsible for costs?
✓ Obtain input on survey format from homeowners.
✓ What does the process look like with the Transportation Commission in light of this
abatement option?
✓ Ensure survey gets to the appropriate people/homeowners.
✓ Possibly install a temporary wall in the median in order to receive input on what impacts
might result,
✓ Review design samples and possibly a 3-d mockup before the survey is distributed.
It was noted that a public meeting to further vet this project and information would be held in
December.
The seventh item on the agenda was First reading of Ordinance No. 16, Series 2014, an
Ordinance adopting a budget and financial plan and making appropriations to pay the costs,
expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2015 through
December 31, 2015 as presented by Kathleen Halloran, Assistant Finance Director. Several
items were reviewed such as:
• Housing Buy Down Program
• Affordable Care Act expenditure impacts related to part time employees who will need
health coverage.
• The plan for implementing a 1% pool for exceptional performers as discretionary vs.
percentage based.
• Revenue projections for projects that may come online as not included
• Commission on Special Events funding request for $50K for fireworks which was supported
by council
• Review of employee expenditures related to benefits and overtime; further information was
requested for second reading
• Budget for capital outlays
• Staffing level summary report and overtime expenditures
• Burton $400k funding request
Nick Sergeant, Burton, presented some event metrics for the USO Burton event at this time.
There were some questions about the validity of the numbers, specifically the lodging and sales
tax collections during that timeframe and especially when compared with historical trends.
There were some concerns expressed about funding at the same level with several council
members preferring to reduce that number over time. Some supported the level of funding
based on the return from the national media exposure and attraction of the demographic the
town is looking for. Burton agreed to work with the town to continue to fine tune how events can
be measured and results evaluated to determine the value of an event to the town and
subsequent funding by the town and event promoters.
There was additional review made of several funding requests by the following:
Town Council Meeting Minutes of November 4, 2014 Page 4
BFAG's request for $500K from the town's CIP budget to help with the education center
construction costs. It was noted they now are engaged in a capital campaign of fundraising
for the new education center. There was support for this budget item and a request a
payment plan is drafted that would be incremental as the project progresses and the capital
funds are raised through their campaign. Public input on the request was given by Susie
Tjossem and Diane Boyer as related to their campaign and the need for the town's support in
the long term of the museum and its proposed capital expansion improvements. There was a
request to further review their proposal at a future meeting in early 2015.
Bravo's Jeane Reid was presented to thank the town for its 27 years of support and a brief run
down of next year's programming.
Walking Mountains Science Center's request was noted for their educational programming,
Actively Green programming.
Daly thanked Judy Camp, outgoing Finance Director, for her years of service and commitment
to the Town of Vail with many compliments and praise for her performance which included great
insight and diligence in ensuring the town was placed in an exceptionally strong financial
position. Moffet moved to adopt Ordinance No. 16, Series 2014 on first reading; Kurz seconded
the motion and it passed unanimously (7-0).
At this time Daly also recognized Mark Miller, Fire Chief, for his years of service and
commitment to the Town of Vail and ability to get results with the construction and remodel of
two stations and his effort in building a strong department. Both employees resigned recently.
He then introduced the new interim Fire Chief as Steve Pishke who would head up the
department until a new Chief was hired.
The eighth item on the agenda was first fe4t}fng-of, Ordinance No. 17, Series of 2014, an
Ordinance to Rezone a Portion of Parcell`*f tbe"U'o�d¢ri,Reak Ski Base And Recreation District
Parcel Subdivision From Ski Base Recro'atibn District to'Sk .Base Recreation 2 District, Located
at 460 Vail Valley Drive/Parcel 1, Iden Peak��fci.B�e and Recreation District Parcel
Subdivision, and Setting Forth Detail in:Rej�rd.'Mereto;;(PEC140022) Jonathan Spence,
Planner, explained that Vail Resorts, I ihtends to transfer the subject property to the Ski and
Snowboard Club Vail so that it may oilrbj�ed, �uifh the existing Ski and Snowboard Club
parcel. The transfer would occur shortly bQ'f@,itj}; 90 encement of the redevelopment. The
purpose of the amendment is to establish"a' 6pment site with uniform zoning for the
redevelopment of the Ski and Snowboard Club Vail Clubhouse. It was noted that on October
27, 2014, the Planning and Environmental Commission unanimously forwarded a
recommendation of approval to the Vail Town Council for the zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Moffet moved to
approve Ordinance No. 17; Kurz seconded the motion and it passed unanimously (7-0). No
public input was received.
The ninth item on the agenda was Ordinance No. 15, Series of 2014, Second Reading,
Amending SODS as presented by Joe Batcheller, Community Development, an ordinance
repealing and reenacting the approved development plan for Special Development District No.
8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for
Town Council Meeting Minutes of November4, 2014 Page 5
the conversion of three commercial condominiums to three residential condominiums, located at
1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard
thereto. (PEC140033) On October 7, 2014, the Vail Town Council approved the first reading of
Ordinance No. 15, Series of 2014. Matthew Cain thanked council for their time earlier in the day
during the site visit and further addressed the benefits of their application to the neighborhood
and community. There was some further discussion about this project and whether or not there
was town policy that addressed office space in certain zone districts. Both property owners
Mery Lapin and Bill Pierce were present with comments about the project. Bugby moved to
approve Ordinance No. 15, Series of 2014; Kurz seconded the motion. Moffet noted that he
would not support this motion because the public benefit does not meet the burden of the
change. There was further discussion about the costs to convert the units, the basis of the
criteria used in evaluating the application, and public benefit. The motion was amended to
include the finding reported in the staff memo and passed with a four to three vote (4-3; Daly,
Moffet, Bruno opposed).
The tenth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Kurz seconded. The motion
passed unanimously, (7-0) and the meeting adjourned 10:55 p.m.
Respectfully Submitted,
Attest:—�
Andy Daly, May
Town Council Meeting Minutes of November 4,2014 Page 6
Vail Town Council Meeting Minutes
Tuesday, November 18, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dave Chapin
Greg Moffet
Margaret Rogers
Members absent: Dale Bugby
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation with input from:
1. Jonathan Levine, Hummers of Vail, requested consideration on the information he
included in a Vail Daily advertisement about transit and limousine services and
permitting.
The second item on the agenda was the Consent Agenda items as follows.
1. Proclamation No. 7, Series of 2014, Declaring the 3rtl week of November 2014 as
"Volunteers in Police Service Week"
Mayor Daly read into the record the Proclamation with recognition given to Police Department
volunteers. Moffet moved to adopt Proclamation No. 7, Kurz seconded the motion and it
passed unanimously (6-0).
The third item on the agenda was action as a result of the executive session. There were no
actions taken as a result of the executive session.
The fourth item on the agenda was the Town Manager's Report which included information
about the following:
1. Council Action Plan Update and Capital Projects/Program Reports through September 30,
2014
There were several comments to the update which recognized all the accomplishments that
have occurred this past year, both with capital projects as well as strategic planning topics.
There were a couple of requests for more immediate discussion about 1) the housing topics in
January, and 2) the "competitiveness strategy' plan yet this year. There was also a request
from Mayor Daly about the need to continue a focus on guest services and finish the wayfinding
implementation before 2015. Overall the Council expressed they were pleased with the Action
Plan updates and town -wide accomplishments.
Town Council Meeting Minutes of November 18, 2014 Page 1
The fifth item on the agenda was an update about a proposed design for a permanent skate
park in the atrium space of the Lionshead Structure. Todd Oppenheimer, Public Works;
Cameron Chaney, Vail Ski and Snowboard Academy Student; and CJ Poulin, Vail Recreation
District Skateboard Instructor, all presented updates on this topic. It was noted the existing
temporary skate park structures have reached the end of their life cycle and the replacement of
the temporary structures is currently funded in the 2015 RETT Capital Budget for $260K. The
annual cost to set up and take down the temporary ramps is approximately $30K. The
presentation included design work from American Ramp Company (ARC), one of the nation's
leading skate park design and construction companies. Both Cameron and CJ collaborated on
the design work which showed the Atrium, the unused space between the north and south ends
of the Lionshead parking structure, with dimensions as 25' wide by 230' long creating a 5700
square foot skate park. The design entity within ARC is Hard Core Studio (HC Studio) and
council was shown a series of 2D and 3D images of their preliminary design as well as several
photos of the Atrium. Council was reminded this is not a finalized design but rather a script of
what can be done in that space. Comments and questions were given by council as follows:
• May need to use netting to protect errant boards from flying into parked cards
• What happens to the space if there is a need to use it for larger competitions that would
require higher level of skating features; likely required to use existing features
• What time restrictions would be needed at the park
• Fabulous idea in light of looking for a permanent site since 1999
• Incorporate public art in this area as well; the budget includes funding for art
• Very eloquent solution to this problem especially in light of the fact that there are no
neighborhood impacts
• Is this ample space for skate board park hangout needs
• Is there enough access for those wanting to watch and those wanting to skate
• Does this really answer the long term need for this sport or is it a compromise situation for
something that meets the growing needs of the sport
There was Council consensus to taking the next steps regarding the preliminary engineering
work and design refinements in order to further refine project issues and costs. Zemler noted
the supplemental budget would include some costs to cover this next step,
The sixth item on the agenda was first reading of Ordinance No. 19, Series 2014, an Ordinance
providing for the levy assessment and collection of town property taxes due for the 2014 tax
year and payable in the 2015 fiscal year. Kathleen Halloran, Finance Director, presented the
ordinance which authorizes the collection of property taxes in 2014 based upon 2013 assessed
valuations of property within the town's boundaries. It was noted that Eagle County is
responsible for assessing values and for collecting property taxes on our behalf and the town is
required by Colorado state law to certify the mil levy by December 15 of each year. She noted
the numbers are based on preliminary assessed valuations from the county (as of August,
2014) with the town's base mil levy at 4.69 mils and the abatement levy at .045 mils.
Abatement results when a taxpayer protests an assessed valuation after the normal protest
period and is refunded a portion of the tax already due or paid. The abatement mil levy allows
the town to recoup the refunded amount. This abatement levy of .045 mils equates to an
additional $3.13 per year for a $1 million home. The property tax authorized by the attached
ordinance will generate $4.1 million in revenue in 2014, representing approximately 7% of the
town's total revenue. Moffat moved to approve Ordinance No. 19, Series of 2014; Rogers
seconded the motion. Daly expressed his request to waive the abatement levy to show support
for the Vail taxpayers; Rogers did not support his request nor saw this as a notable effort in
support of taxpayers. The motion passed with a majority vote (5-1) with Daly's opposition to the
Town Council Mecting Minutes of November 18, 2014 Page 2
ordinance because of the inclusion of the abatement language. There was no further public
input on the agenda item.
The seventh item on the agenda was second reading of Ordinance No. 17, Series of 2014, an
Ordinance to Rezone a Portion of Parcel 1 of the Golden Peak Ski Base And Recreation District
Parcel Subdivision From Ski Base Recreation District to Ski Base Recreation 2 District, Located
at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel
Subdivision. and Setting Forth Details in Regard Thereto. (PEC140022) Jonathan Spence,
Planner, presented a Vail Resorts, Inc. application to transfer the subject property to the Ski and
Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard Club
parcel. It is anticipated that the transfer will occur shortly before the commencement of the
redevelopment. The purpose of the amendment ista'I¢t,yh a development site with uniform
zoning for the redevelopment of the Ski and Snowooard��lji9'V* Clubhouse. It was noted that
on October 27, 2014, the Planning and Envi rfA 6tal Commission unanimously forwarded a
recommendation of approval to the Vail Tow CgUncil for oile district boundary amendment,
pursuant to Section 12-3-7. Moffet move to ppp{�iei7a a No. 17 and adopted the
findings as follows: r
1. That the amendments are consistent with t a opjed,go jectives and policies outlined
in the Vail comprehensive plan and compatib fjp opment objectives of the town;
2. That the amendments are compatible with and adjacent uses and appropriate for
the surrounding areas; and,
3. That the amendments promote the health, safety, moral, and general welfare of the town
and promote the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality
Rogers seconded the motion and it passed unanimously (6-0). There was no additional public
input on this matter.
The eighth item on the agenda was second reading of Ordinance No. 18, Series 2014, an
Ordinance adopting a budget and financial plan and making appropriations to pay the costs,
expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2015 through
December 31, 2015. Finance Director Kathleen Halloran reviewed the packet memo that
included information updates about revisions or items related to questions at first reading as
follows:
• Plan for 1% Pool allocations for Exceptional Performers
• Benefits vs Salary Comparison
• Staffing Increase for Administrative positions
• Summary of expenditure variances for Administrative Department
• Revisions requested related to funding for fireworks & Burton event
Council input on these matters included the following:
✓ There may not be a need to spend the budgeted bonus pay out in its entirety
✓ Maybe the bonus payout should not be tied to the budget performance
✓ Include a future review of benefit coverages to comparable communities along with requests
for proposals for medical coverage from vendors
✓ Included in the budget supports for buy down for affordable housing
Moffet moved to approve on second reading Ordinance No. 18; Rodgers seconded the motion
and it passed unanimously (6-0). There were no public comments on this ordinance.
Town Council Meeting Minutes of November 18, 2014 Page 3
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which
passed unanimously, (6-0) and the meeting adjourned 7:00 p.m.
Attest.
Respectfullmitted,
Ig Ma
Town Council Meeting Minutes of November 18, 2014 Page 4
Vail Town Council Meeting Minutes
Tuesday, December 2, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation at which time there was no input from the
public.
The second item on the agenda was the Consent Agenda items as follows.
1. Proclamation No. 7, Series of 2014, Declaring December 13, 2014, as' WhoVail Day"!
Moffet moved to approve the proclamation; Bugby seconded the motion and it passed
unanimously (7-0).
Mayor Daly read the titles of each of the following resolutions:
2. Resolution No. 35, Series of 2014. A Resolution Authorizing the Town of Vail to Grant an
Easement to Newpath Networks for the Construction and Operation of Utility Facilities; and
Setting Forth Details in Regard Thereto.
3. Resolution No. 36, Series of 2014. A Resolution Approving a Three Year Lease Agreement
Between the Town of Vail and the Colorado Department of Transportation Regarding
Parking Along the Non -Travel Lanes of the Interstate 70 Frontage Roads Located With the
Limits of the Town; and Setting Forth Details in Regard Thereto.
4. Resolution No. 37, Series of 2014. A Resolution Approving a Five Year Lease Agreement
Between the Town of Vail and the Colorado Department of Transportation Regarding
Parking Along the Non -Travel Lanes of the Interstate 70 South Frontage Road Adjacent to
Gerald R. Ford Park Located With the Limits of the Town; and Setting Forth Details in
Regard Thereto.
5. Resolution No. 38, Series of 2014. A Resolution Approving a Lease Agreement Between
the Town of Vail and the Colorado Department of Transportation Regarding Parking Along
the Non -Travel Lanes of the Interstate 70 West North Frontage Road Located With the
Limits of the Town; and Setting Forth Details in Regard Thereto.
6. Resolution No. 39, Series of 2014. A Resolution Approving a Lease Agreement Between
the Town of Vail and the Colorado Department of Transportation Regarding Parking Along
Town Council Meeting Minutes of Decemher 2, 2014 page 1
the Non -Travel Lanes of the Interstate 70 North Frontage Road at Middle Creek Located
With the Limits of the Town; and Setting Forth Details in Regard Thereto.
It was noted that Resolution No. 35 pertained to the West Vail Fire Station for the Frontage
Road parking & utility easement. There was clarification about Resolution No. 36 that indicated
a ski season approval from CDOT to use the Frontage Roads and an amendment to the lease
would be presented at a later date for approval to extend the term for three years. Moffet
moved to approve the remaining items on the consent agenda; Bugby seconded the motion and
it was approved unanimously (7-0). There were no public comments.
The third item on the agenda was the Town Manager's Report at which time he recognized
public works staff for their outstanding work with the design and installation of the holiday
lighting decorations; he noted there has been a great deal of positive public comment about the
tree lights as well.
The fourth item on the agenda was an update on the Vail Valley Medical Center Master Plan
and South Frontage Road Traffic Improvements with a presentation by George Ruther, Director
of Community Development, along with some additional comments from Doris Kirchner, WMC.
This report covered the following topics:
• Background of the redevelopment of the site
• Current status of the Vail Valley Medical Center Master Plan
• Revised schedule of review of the WMC Master Plan
It was noted that there would be some delays due to potential land exchanges in that
neighborhood so final PEC decision would not occur until their meeting in January 2015. The
town may also become part of the negotiations with ownership of Lot 10 in that area. Ruther
explained it was thought the master plan would be adopted first and then construction to begin.
However, there was a request to amend the process that the master plan update be processed
while the conditional use permit is being reviewed, all of this being done concurrently.
• Current status of the South Frontage Road Traffic Improvements
Ruther presented a review of the proposed changes with several diagrams depicting options
and indicated neighborhood meetings are taking place to discuss the South Frontage Road
changes, with a proposal for a full size roundabout mostly located in CDOT right-of-way close to
the west entrance into town municipal buildings and similar in size to the West Vail roundabout.
It was noted several options have been considered. Several council comments were made
related to 1) request to review the proposal in more detail, 2) who are the funding partners on
the improvements, and 3) what do traffic counts indicate is needed. Doris Kirchner, CEO,
WMC —thanked town staff working on the project and addressed several business points about
the importance of sequencing the master planning and conditional use permitting processes for
the project in order to begin construction spring 2015, the need to take time with the land swap
negotiations and the need to be able to continue hospital operations along side construction.
• Next Steps
And finally Ruther reiterated the process continues with next steps as outlined in the packet
memo requesting the process runs concurrently and not consecutively as follows:
✓ Continue to discuss and negotiate a possible land exchange for the betterment of all parties
involved (due to an existing use restriction with a reverter clause on the WMC property
discussions with Vail Resorts being required)
✓ Continue to refine and develop the design options for the South Frontage Road for further
study and consideration
✓ Initiate a public review process to gain feedback and input from the public on the possible
options and solutions for the South Frontage Road traffic improvements
Town Council Meeting Minutes of December 2, 2014 Page 2
✓ Develop a strategy for implementation of the improvements (i.e., sequencing of construction,
cost allocation, funding, CDOT review and approval, trigger points for implementation, etc.)
✓ Continue to pursue the adoption of the VVMC MP (the next public hearing of the PEC is set
for January 12, 2015)
✓ Initiate the review process for the west wing expansion conditional use permit
✓ Amend the Vail Land Use Plan, Vail Transportation Master Plan, Lionshead Redevelopment
Master Plan and adopt the VVMC Master Plan
The Town Council was not expected to take any action on this item; however council and public
input were heard at this time.
Daly's concerns included: parking, loading and delivery, moving traffic from Meadow Drive
and the ramifications of the helipad, as well he noted there needs to be further review of the
details for the redevelopment.
Mike Cacioppo commented on the land exchange component and shared his concern that
the project is moving too quickly and the project seems to be somewhat piecemeal in its
approach.
Rutter noted the topic would be scheduled for the December 16'h council meeting in order to
obtain final input on the question to process the master plan and the conditional use permit (for
the west wing) reviews concurrently.
The fifth item on the agenda was Commission on Special Events Funding Recommendations
presented by Barry Davis, Commission on Special Events Chairman. The CSE requested Town
Council's approval of the 2015 Special Event funding and Tier IV Category: Life Long Learning
allocations, as presented in the packet memo. He noted the CSE funding process for 2015
continued to be based upon the more structured, rigorous and objective strategies developed
over the last two years. Hard decisions were again made for both CSE funded events as well as
the Tier IV Lite Long Learning category, utilizing refined criteria and supported by measurement
tools, as well as eliminating funding for under -performing events. He noted the CSE believes
this is a strong calendar of events that will continue to drive increased results. This information
was depicted in his presentation and with an emphasis the CSE's intent is to remain aligned
with the Town Council's objectives as well. There was some discussion about the following:
✓ whether or not to use a third party vendor for the analytics and where the funding should
come from to pay for such services: CSE funds or genera fund
✓ a further review of the film festival would occur in light of its not performing as well as it
should
✓ request to further review the Tier IV level with some refinement to the criteria used in
evaluation the programs and the funding level allotted it
✓ review of Memorial Day programming and the decision to not fund Feast; CSE would
continue to evaluate what event might work during that time of year
✓ request to try to program more events in Lionshead since it seems Vail Village gets the
majority of events, it was noted the CSE will continue to work with the Lionshead merchants
association in this regard
Moffet moved to approve CSE funding recommendations for 2015 budget; Rogers seconded the
motion. Public input was welcomed at this time; there were no comments. The motion passed
unanimously (7-0).
The sixth item on the agenda was the appointment of four people to fill vacancies on the
Commission on Special Events. Council interviewed eleven interested applicants at the work
session earlier in the day. Four people were appointed to the Commission on Special Events to
Tawe Co...] Meeting Minutes of December 2, 2014 Page 3
two year terms each, from January 1, 2015, to December 31, 2016, with election results final
and a motion made by Bugby to appoint Barry Davis, Mark Gordon, Marco Valenti and Alison
Wadey. Kurz seconded the motion and it passed unanimously (7-0).
The seventh item on the agenda was first reading of Ordinance No. 20, Series 2014, an
Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund,
Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Timber
Ridge Enterprise Fund, as the town's third budget supplemental appropriation this year. Stan
Zemler, Town Manager, summarized the financial activity reflected in this ordinance and noted
total adjustments to the General Fund result in net increase of $1,227,000 in additional revenue,
with the resulting fund balance projected at $16.7 million at the end of 2014. Highlights
included:
General Fund budgeted revenue has been increased by a total of $1,466,171. This
includes adjustments to revenue relating to reimbursements directly offset by corresponding
expenditures:
$58,171 reimbursement for deployment to four separate wildfires will cover the town's
personnel costs for those incidents;
$15,000 of contributions raised from the Friends of the Library will be used toward the
purchase of equipment for the Vail Town Library such as laptops, ipads and a storage
container with plans to increase use of the lower level classroom; in addition those funds will
be used for the Friends of the Library annual fundraising effort. $3,000 of state grant funding
will offset children's library materials purchased during the year.
The remaining $1,390,000 increase to revenue will come from construction permits ($1.0
million), plan check fees ($290,000) and RETT collection fees ($100,000) based on actual
collections so far this year.
Overall expenditure increase of $239,171 is requested, with $76,171 relating to the
reimbursements mentioned above.
Other expenditure adjustments include $47,000 of plan check services provided by
Safebuilt, reimbursed with the above increase in plan check revenue.
Staff is requesting $35,000 of overtime expense for bus service due to a staffing shortage
in January -April of this year.
The Fire department staffing challenges that were discussed during the 2015 budget
process along with an unexpected sick leave and departure of the Chief have resulted in a
request for additional personnel budget dollars. Specifically, staff estimates that the Fire
department will need $10,000 in salary expense, $27,000 in overtime and $44,000 in
seasonal salary expense. The staffing shortage has been backfilled by both full time fire
employees as well as seasonal/part-time fire residents.
MoHet moved to approve Ordinance No. 20; Kurz seconded the motion. There were some
questions about the fiberoptic upgrades and the Lionshead skateboard costs with a request to
provide more detail for the $75K expenditure. There were no additional public comments. The
motion passed unanimously (7-0).
The eighth item on the agenda was second reading of Ordinance No. 19, Series 2014, an
Ordinance providing for the levy assessment and collection of town property taxes due for the
2014 tax year and payable in the 2015 fiscal year. Stan Zemler, Town Manager, presented the
ordinance which authorizes the collection of property taxes in 2014 based upon 2013 assessed
valuations of property within the town's boundaries. It was noted Eagle County is responsible for
assessing values and for collecting property taxes on our behalf and the town is required by
Colorado state law to certify the mil levy by December 15 of each year. He noted the numbers
Town Council Meeting Minutes of December 2, 2014 Page 4
are based on preliminary assessed valuations from the county (as of August, 2014) with the
town's base mil levy at 4.69 mils and the abatement levy at .045 mils. Abatement results when
a taxpayer protests an assessed valuation after the normal protest period and is refunded a
portion of the tax already due or paid. The abatement mil levy allows the town to recoup the
refunded amount. This abatement levy of .045 mils equates to an additional $3.13 per year for a
$1 million home. The property tax authorized by the attached ordinance will generate $4.1
million in revenue in 2014, representing approximately 7% of the town's total revenue. Moffet
moved to approve Ordinance No. 19, Series of 2014, on second reading; Rogers seconded the
motion. The motion passed with a majority vote (6-1) with Daly's opposition to the ordinance
because of the inclusion of the abatement language. There was no further public input on the
agenda item.
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which
passed unanimously, (7-0) and the meeting adjourned 7:35 p.m.
Attest:
PariI(enn\Jy" Clerk
Respectful ill
bm itted,
i
Andy -Ealy, Mayor
SEAL
Town Council Meeting Minutes of December 2, 2014 Page S
Vail Town Council Meeting Minutes
Tuesday, December 16, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation at which time there was no community
input.
The second item on the agenda was the Consent Agenda as follows:
1) Council meeting minutes from November 4, 2014
Moffet moved to approve the minutes; Rogers seconded the motion which passed unanimously
with one revision related to the Betty Ford Alpine Garden discussion and the removal of the
phrase about the town's funding of their capital project (7-0).
2) Council meeting minutes from November 18, 2014
Moffet moved to approve the minutes; Kurz seconded the motion and it passed unanimously
with Bugby abstaining since he was not present at that meeting (6-0-1).
3) Authorization for an exchange of an employee housing unit located at 3877 Lupine Drive
Unit W
Daly noted this item received unanimous approval by PEC. Moffet moved to approve the
exchange of the unit; Kurz seconded the motion and it passed unanimously (7-0).
4) Authorization for an exchange of an employee housing unit located at 1701 Buffehr
Creek Road
Moffet moved to approve the exchange of the unit; Kurz seconded the motion. There were
some comments about the need to review the funding structure which supported this unit's sale
of 770 sq. ft. for $175K. The motion was unanimously approved (7-0).
5) Resolution No. 41, Series of 2014, A Resolution of the Vail Town Council Adopting and
Entering into the Trust Agreement for the Colorado Firefighter Heart and Circulatory
Benefits Trust and Taking Other Actions in Connection Therewith
Moffet moved to approve Resolution No. 41; Kurz seconded the motion and it passed
unanimously (7-0). It was noted by the Town Attorney that CML was exploring some other
insurance coverage opportunities for municipalities but this resolution would help the town
Town Council Meering Minutes of December 16, 2014 Page 1
comply with the deadline requirements of Senate Bill 14-172 effective January 1, 2015,
regardless of what insurance company was chosen.
6) Intergovernmental Agreement ("IGA") between Eagle County and the Town of Vail -
Community Recycling Center Drop Off Site
Moffet moved to approve the IGA; Kurz seconded the motion. There was clarification about the
2010 date of the IGA included in council's packet and Ruther noted the fourth amendment to the
IGA only changes the expiration date as there were no rate changes. The motion passed
unanimously (7-0).
The third item on the agenda was the Town Manager's Report which included information
about the following:
1) Request from The Falls at Vail Association (Pitkin Creek HOA) to rebuild stream bank
which is failing near Fall Line Drive in East Vail
This item was presented for council's consideration with a request for direction on how to
respond to Pitkin Creek Homeowners Association about nearby potential stream bank erosion
and their request for improvements near their property. Daly and town staff noted the property
was owned by the US Forest Service and after some discussion there was council direction to
staff to inform the association the property was not the town's and it would not be maintained by
the town. It was suggested they talk with the USFS.
The fourth item on the agenda was appointments to the Vail Local Marketing District Advisory
Council. The Council interviewed six applicants at the earlier work session and after the voting
results were read, a motion was made by Kurz to appoint Mark Herron, Beth Slifer, Skip
Thurnauer and Jim Kellen, representing Vail Resorts, Inc. to serve on the VLMDAC; Moffet
seconded the motion and it passed unanimously (7-0). Kurz thanked the members of the
VLMDAC for the hard work and many accomplishments over the years.
The fifth item on the agenda was the 1-70 Vail Underpass Project update with various design
team members presenting an overall review of the project with focus on the noise wall, the 3D
model and input from the public. The 1-70 Vail Underpass is a proposed new multi -modal
pedestrian and vehicular connection that is midway between the Main Vail and West Vail exits,
passing under 1-70. The purpose of this Council session was to provide the Council and the
public with an update on the project budget and cost estimate, and to more specifically discuss
the costs, process and schedule for consideration of noise walls. In addition, a 3D model of the
project with and without noise walls was presented. The brief update addressed progress on
the following items:
✓ There has been a 30% level of completion of the preliminary design and environmental
assessment.
✓ Notifications have gone out to the noise wall Benefiting Receptors to confirm contact
information and determine if there are tenants within any units and informed them of the
preference survey scheduled for January.
✓ The project Open House has been noticed and advertised for December 18, from 4pnr bpm
at the Grand View.
✓ Edward Kraemer & Sons has completed a preliminary design level Opinion of Probable Cost
of Construction (OPCC).
✓ Construction phasing options have been developed.
✓ The Structural Selection report has been completed and is under review.
✓ Preliminary utility meetings have been completed regarding the relocation of existing
utilities.
Town Council Meeting Minutes of December 16, 2014 Page 2
A tree inventory and arborist report for impacted trees is in process.
Environmental Assessment.
Project cost update summary was presented
outlining costs for TOV & CDOT, see table
below:
May -13
Dec -14
RAMP app
OPCC#1
TOV Total Match
$6.0 M
$8.4 M
CDOT RAMP Match
$14.6 M
S20.4 M
CDOT PEL Match
$ 2M
$ 02M
TOTALS
$20.8 M
$29.0 M
Retaining Wall
$ 4.9 M
✓ Noise report and summary have been completed and posted to the project website with a
preview of the noise levels and the 3D model of the preliminary design.
✓ The survey process was highlighted noting that a decision on noise mitigation would be
based on survey results with a simple majority that determines the direction of whether to
construct the 3,400 foot long wall. The distribution of survey ballots was provided.
Kassmel noted on January 6 the Town Council would be asked to decide whether to fund the
wall and which type of materials it would include, concrete or acrylic, with acrylic costs
estimated at $800K more. It was noted maintenance costs would need to be included in future
town budgets. There were several slides of walls showing both materials and demonstrations of
differing highway noise with reductions heard as a result of the use of sound walls. And finally
there was a 3D software model comparison showing the area with and without sound walls.
Daly asked for public input at this time and many residents spoke:
1. Bob Llewellyn, resident of Savoy Villas, commented on the following: a) concerned about
high cost overruns, b) requested a review of not doing the project to use funds for other
projects, c) if the wall is done, it should reflect aesthetics of a world class resort, d)
requested Council be transparent about how they vote,
2. Jonas Staller, Savoy Villas, spoke about concerns noting the aesthetics of such a wall would
be so important. He didn't support the concrete wall and expressed concern about costs
and maintenance of an acrylic wall.
3. Jim Lamont, Vail Homeowners Association, expressed confusion about the survey, who is to
vote and who is required to pay for the wall. He also asked the town to consider evaluating
the costs of not doing the project and to solicit input from the broader Vail community about
whether they want this project.
Simba Run residents who commented included:
4. Mr. Roznick was concerned the wall is not worth the value of reducing the impacts of the
sound so he was against the sound wall. He spoke about a survey completed with a decibel
software application that was shared with town council.
5. Jill Kolsbotch spoke out against the wall and preferred preserving the visual impact versus
the sound impacts.
6. Graham Lithco spoke about the many issues surrounding the sound wall and was generally
not supportive of using it. He noted the great benefit they have already found with the
installation of noise abatement windows.
7. Charlie Calcaterra commended the town council and staff for their work on the project and
also expressed concerns about a) how the project isn't really serving the public on a
consistent and regular basis, b) the maintenance costs of the sound wall, c) the need to
determine if there is community support to fund the project at the new level, d) if the survey
Town Cauncil Meeting Minutes of December 16, 2014 Page 3
supports the sound wall the town would now be responsible for funding it in the future,
regardless, and e) it's time to review other alternatives to this traffic issue.
There was some information presented by CDOT's noise expert about the regulations and
requirements for the installations of such sound walls as well as a brief preview of the survey
process. Daly closed the discussion by thanking everyone for their input and noting further
discussion and decisions would be scheduled for the January 6 agenda. It was mentioned there
may be some decisions made by CDOT about the RAMP projects and funding by then as well.
The next (#8) agenda item considered was second reading of Ordinance No. 20, Series 2014,
an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and
Timber Ridge Enterprise Fund. The revisions from first reading on the ordinance were
highlighted in the council packet memo as follows:
$133,000 in Capital Projects Fund for the Parking System project to compensate for
technology infrastructure, networking, additional workstations and cabling that was not
anticipated in the original budget provided by the vendor.
$27,000 for the fiber-optic cabling of the municipal complex (a total of $81,000 was spent).
This project was originally delayed based on potential redevelopment.
$6,100 to replace the town's postage machine due to outdated software used with USPS.
$75,000 proposed for planning of the permanent skate park at the Atrium location (detail
described in memo).
Moffet moved to approve Ordinance No. 20; Kurz seconded the motion. There was no public
input on this matter and no further discussion. The motion passed unanimously (7-0).
The next (#6) item on the agenda considered was a request for Permission to Proceed through
the Development Review Process with a request for a proposed retaining wall replacement and
building addition for the Gorsuch Building, 263 E. Gore Creek Drive. George Ruther, Director of
Community Development, reviewed the site map. He noted because the property line location
is in close proximity to the Gorsuch building, the applicant is requesting the use of Town of Vail
property for the identified encroachments, with references made to Attachment A and B, the
project plan set and details on the proposed encroachments. More specifically the request was
for a proposed replacement of an existing retaining wall and guardrail and the accommodation
of eaves for a proposed building addition. There was council support to visit the site at the next
meeting in order to fully understand the impacts of the request. Some council comments
included:
✓ What is the exact encroachment?
✓ Let PEC/DRB review the information instead of town council; the decision could always be
called up by Council after a PEC decision is made.
✓ Would this set a precedent for allowing permanent structures on town property?
✓ It is important to understand placement of the planters and impacts of circulation on the
street.
✓ Would this be best handled through entering into a revocable license agreement?
The final (#7) item on the agenda for consideration was a continued review of the Vail Valley
Medical Center Master Plan and the South Frontage Road Traffic Improvements presented by
George Ruther. He noted on December 2, 2014, the Town staff and WMC representatives
provided an update to the Vail Town Council. This discussion would continue by addressing the
three specific topics as follows 1) revised review schedule, 2) west wing expansion traffic and
Town Council Meeting Min u res of December 16, 2014 Page 4
parking impacts, and 3) east wing expansion completion assurances. Ruther expressed their
request for council input on the following topics:
1. Allow the WMC master plan to be reviewed concurrently along with the proposed west wing
expansion development application.
2. Provides further direction to the applicant and the town staff on the completion assurances
proposed within the memorandum.
Tom Braun, Braun Associates, Inc., representing WMC, presented information (per his packet
memo) related to the main features of the expansion plans with a preview of the construction
phasing for the west and east wing expansions. He mentioned current discussions are ongoing
by the property owners who are reviewing the benefits of potential land exchanges and this has
added to the timeline of the project. Ruther presented details surrounding the need to
concurrently review the master plan with a revised schedule and the conditional use permit for
the west wing expansion slated to begin late spring/early summer 2015. He spoke about
numerous reasons which supported the concurrent review process and there was council
support to this recommended approach with the planning and building review processes. The
discussion continued to then address the mitigation of West Wing expansion parking and traffic
impacts. Ruther described the completion of the West Wing expansion which would increase
parking needs and vehicle traffic generated by the hospital use. There would be an active
review to quantify and mitigate these issues by WMC during the development review process.
There were some possible interim solutions described. It was also noted new traffic counts
would be provided in January. Daly asked for public input at this time. Jim Lamont, Vail
Homeowners Association, submitted some suggestions about the following:
• Extend traffic counts to Vail Road & Meadow Drive; continue to move the process along
• Engage in use of a developer's improvement agreement that would help document the
negotiations and assurances of WMC
• Consider improving upon a streetscape component for the visitors' rehabilitating
• Noted the neighborhood is generally favorable to the planning components and details of
the project so far.
And finally Ruther explored the WMC East Wing expansion completion assurances that were
outlined in the council packet memo noting the redevelopment of the WMC campus should not
interfere with their ability to continue to operate; two sequences of construction for the West
Wing expansion and the East Wing expansion were described. And he spoke about several
options suggested by WMC to show their commitment to completion of the entire
redevelopment project as follows:
1. Payment of VVMC's pro rata share of the estimated South Frontage Road traffic
improvements prior to the issuance of the TCO for the West Wing expansion.
2. Establish a Letter of Credit with the Town of Vail. The LOC should be of a sufficient amount
that it serves as both an incentive to commence construction on the East Wing expansion
and with penalty forfeited to the Town of Vail for a failure to perform.
3. Place a ticking clock on the pre -paid employee housing mitigation impact fee so that if the
East Wing expansion is not started by a date certain; the "credit" for the East Wing
expansion is forfeited to the town and shall not be applied to future improvements at WMC.
4. Require that the development application for the East Wing expansion is submitted to the
Town of Vail prior to the issuance of a TCO for the West Wing expansion.
5. Require that WMC remits an annual payment to the Town of Vail to help defray the town's
expenses in providing public parking and public transit. The payment shall be of an amount
that covers the town's operating expenses on the number of public parking spaces equal to
VVMC's parking space deficit, plus provides an incentive to start work on the East Wing
expansion as soon as practical.
Town Council Meeting Minutes of December 16, 2014 Page 5
6. The Town of Vail could offer a partial building permit applicationtplan review fee waiver or
refund to VVMC provided construction work on the East Wing expansion is started within a
more aggressive time schedule suitable to the Town of Vail.
The list was provided only as possible suggestions and eventually once agreed upon would be
included in a development improvement agreement that would be reviewed and adopted prior to
the issuance of a building permit. Doris Kirchner, VVMC, thanked Town Council for their time
and the opportunity to explain the complexities in order to keep the project moving foreword.
She addressed the proposed list of assurances and emphasized the need to keep the hospital
open and operational. Council input supported a letter of credit from the hospital to support the
cost of the West Wing. Number three was also supported by several members of council and a
brief discussion occurred regarding the hospital's ability to support employee housing on the
site. It was agreed to continue to fine-tune the assurances and the project would continue
through the process according to the newly revised schedule dated December 8, 2014, with
next town council consideration slated for January 2015.
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which
passed unanimously, (7-0) and the meeting adjourned 8:25 p.m.
Attest.
Pany�(J� I'"lerk
SEAL
Respectfully Submitted,
An Daly, Mayor
Town Council Meeting Minutes of December 16, 2014 Page 6