Council continues Fox Tail Trail subdivision to September 1 and approves three plat items; Toly recuses on Empire Avenue lot
July 21, 2022, 3:30 p.m. · City Council Chambers, 445 Marsac Avenue
On July 21, 2022 the council voted 5-0 to continue the Fox Tail Trail subdivision to September 1 after neighbors objected to the house size and loss of a cut-through trail. It approved plat actions on Empire Avenue (4-0, with Council Member Tana Toly recused), Woodside Avenue and Sampson Avenue. Work sessions covered mental health, construction mitigation plans and Rocky Mountain Power wildfire measures.
From the approved minutes. Updated October 14, 2026.
Decisions at a glance
| Item | Result |
|---|---|
| Construction mitigation plans | Discussed |
| Consent: courier services and Thaynes Canyon parking study | Approved · 5-0 |
| Ordinance 2022-25: Fox Tail Trail subdivision | Continued · 5-0 |
| Ordinance 2022-26: 949 Empire Avenue plat amendment | Approved · 4-0-1 |
| Ordinance 2022-27: 405 Woodside Avenue subdivision plat | Approved with conditions · 5-0 |
| Ordinance 2022-28: vacation of part of Sampson Avenue right-of-way and 115 Sampson Avenue first amended plat | Approved · 5-0 |
Agenda, item by item
Item Work 1 · Presentation
Mental health update
Discussed
County behavioral health staff said the county suicide rate fell from 33 to 17 a year and about 20,000 residents receive services monthly. Doilney suggested taking findings to the Colorado Association of Ski Towns meeting; Toly noted the report omitted non-resident workers.
Item Work 2 · City code
Construction mitigation plans
Discussed
Building staff said 80 percent of enforcement actions relate to construction and that restricted no-construction days were cut from 50 to 20 a year after contractor complaints. Toly asked to review hours and notices; Rubell asked for a future discussion on restricted days, dust and fines; Gerber said more restricted days delay projects. Council agreed to a future discussion.
Item Work 3 · Presentation
Rocky Mountain Power update
Discussed
The utility described wildfire mitigation including insulated conductors and public safety power shutoffs as a last resort, and said it is considering undergrounding some lines. Substation hardening was just awarded; relocation would be very expensive.
Item V · Contract
Consent: courier services and Thaynes Canyon parking study
Approved · 5-0
Council approved a daily courier services contract and a parking study for Thaynes Canyon.
- Contract$250,000 to American Mailing Services
- Contract$48,200 to Kimley-Horn Transportation Consultants
Item VI.1 · Subdivision
Ordinance 2022-25: Fox Tail Trail subdivision
Continued · 5-0
Proposes a 3.8-acre single-family lot from a parcel that also holds a 28.94-acre Recreation Open Space parcel, with a 12-month minimum rental period, a 28-foot height limit and dedication of the remaining open space to the city. The cut-through trail would be removed and a split-rail fence added. A neighborhood association representative opposed the roughly 10,000-square-foot house (nearby homes are 8,000 to 9,900 square feet) and the loss of the trail, and asked the city to buy the open space. Gerber said 10,000 square feet was excessive but met code and the city cannot cap house size; Doilney said the applicant met the requirements and the Planning Commission recommended approval, and opposed making a habit of continuing items; Dickey and Rubell defended council oversight.
- Lot: 3.8 acres
- Open space parcel: 28.94 acres
Item VI.2 · Subdivision
Ordinance 2022-26: 949 Empire Avenue plat amendment
Approved · 4-0-1
Removes an interior lot line in the HR-1 zone, merging a flag-shaped garage lot with the home lot. An adjacent owner asked about retaining wall repairs, mature trees and construction storage. Toly recused.
Item VI.3 · Subdivision
Ordinance 2022-27: 405 Woodside Avenue subdivision plat
Approved with conditions · 5-0
Plats a lot not currently classified as one; right-of-way and side-lot encroachments are to be resolved and the Planning Commission added a condition. The retaining wall's historic status will be decided in historic district review.
Item VI.4 · Subdivision
Ordinance 2022-28: vacation of part of Sampson Avenue right-of-way and 115 Sampson Avenue first amended plat
Approved · 5-0
Vacates part of the platted right-of-way so a driveway aligns, with a roughly equal dedication (about 112.62 square feet) and compensation to the city. Staff said it meets the net tangible benefit standard.
What residents said
House size at Fox Tail TrailLoss of cut-through trailConstruction impactsConstruction hours
The Fox Tail Trail neighborhood association opposed the subdivision; an adjacent owner raised construction concerns on Empire Avenue. No other comments.