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HomeMy WebLinkAbout2013 Vail Town Council MinutesVail Town Council Meeting Minutes Tuesday, January 8, 2013 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 Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro -tern Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk The first item on the agenda was Citizen Participation. There was no public comment. Kevin Foley and the Council congratulated Heidi Kloser of Vail, on her second place finish and her first World Cup podium win in Freestyle. Council also congratulated Mikaela Shiffrin of Eagle -Vail for her two top wins in Slalom. The two women are representing Vail and Eagle County very well on the international skiing stage. The second item on the agenda was the Town Manager Report. There was no report. The third item on the agenda was Resolution No. 2, Series of 2013, a resolution approving the redemption of all outstanding Timber Ridge Affordable Housing Corporation adjustable rate housing facility revenue bonds and authorizing the Town of Vail's funding of Timber Ridge Affordable Housing Development via capital contribution and a loan to the Timber Ridge Affordable Housing Corporation. Judy Camp, Finance Director, stated this financing alternative followed the attempt to redevelop that failed about a year ago and subsequent consideration of other financing alternatives. The funding of this project is part of the 2013 budget. The town will be buying down $8 million of deed restrictions and lending $8 million to the TRAHC over the next 20 years at 1.5 %, with no prepayment penalty. The only difference from the budget is timing moved forward which will save the town $80,000 in interest costs. Rogers stated Camp and Zemler have done a terrific job on the funding for Timber Ridge. This option makes it easier, simpler and saves the town money. Moffet asked which accounts the $16 million will come out of. Camp said the capital contributions will come from the general fund and the loan will come from the capital projects fund. An additional $1.3 million will be funded from TRAHC reserves. There will be no outside debt on this project, saving approximately Town Council meeting minutes of January 8, 2013 Page 1 $550,000 in external financing costs in the first year. This financing also allows the town to have more flexibility on potential redevelopment and financing options in the future. Moffet made a motion to approve Resolution No. 2, Series of 2013 and the motion was seconded by Foley. A vote was taken and the motion passed, unanimously, 7 -0. The fourth item on the agenda was first reading of Ordinance No. 1, Series of 2013, an ordinance adding a new Section 2 -1-4 to the Vail Town Code, to ensure adequate funding for the Town's Long -Range Capital Program. Matt Mire said this ordinance was a result of the ballot question from last November. Rogers stated Council needs more detailed information of what the actual percentages are to make a better decision. Camp said for the budget that was approved for 2013, the split is 38 percent to the capital projects fund and 62 percent to the general fund. On average, over the past ten years, the split had been 56% to the general fund and 44% to the capital projects fund. Tjossem stated that approving this ordinance now allows the budget planning cycle to move forward in May. Daly said the town has a shortfall of approximately $1 million in the general fund if all 2013 expenditures were paid for with 2013 revenues. The town is using its reserves to cover the shortfall. He said if the town is not successful in having excess revenue the split ratio would be closer to 67 percent to the general fund. The split is related to sales tax collections only. Further discussion ensued about the various revenue sources in which the town receives funding. Daly said they need to recognize incremental expenditures and change the ratio as necessary to cover expenses out of current revenues instead of taking them out of reserves. If the Council changes the split to 33% into capital and 67% into operations, they could pay out of current revenue instead of reducing the reserves. Daly asked the staff to put in a split of 67/33 which would be a more accurate reflection of how Council recommends allocating dollars. Daly said they need to be up front how the town's money will be spent. Rogers said the amount of sales tax the town receives above budget goes into the capital projects fund. Camp said that has been the direction, but it can be changed at any time. Council requested staff bring back more information at a future meeting so they are more informed to make a decision to move forward with approving Ordinance No. 1. Zemler said they can give the Council a couple of different scenarios at a future meeting. The fifth item on the agenda was Resolution No. 1, Series of 2013, Posting of Public Notices for 2013 for Town of Vail. Moffet made a motion to approve Resolution No. 1, Series of 2013, and the motion was seconded by Kurz. Foley said he would like to have staff consider posting notices at the Vail Library. Brandmeyer will speak with the Vail Librarian to consider. A vote was taken and the motion passed, 7 -0. The sixth item on the agenda was Adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7 -0. The meeting adjourned at 6:26 p.m. Town Council meeting minutes of January 8, 2013 Page 2 Respectf S miffed, Attest: A ew P. Daly, Mayor Lorelei onaldson, To n Clerk 0��.1�OF.V9i SEAL Town Council meeting minutes of January 8, 2013 Page 3 Vail Town Council Meeting Minutes Tuesday, January 15, 2013 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 Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Members Absent: Kerry Donovan Ludwig Kurz Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Lorelei Donaldson, Town Clerk The first item on the agenda was Citizen Participation. There was no public comment. The second item on the agenda was the Consent Agenda. Foley made a motion to approve the minutes of December 4, 2012, meeting. The motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 5 -0. Foley made a motion to approve the minutes of December 18, 2012, meeting and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 5 -0. The third item on the agenda was the Town Manager Report. Zemler informed the Council and public that the Colorado Department of Transportation (CDOT) will begin construction at the end of April on the twin tunnel project near Idaho Springs. The construction and blasting will necessitate traffic being diverted onto the Frontage Road and back on to 1 -70 near the Central City exit. The construction and blasting will continue 24/7 from April through November, 2013. There will be three lanes eastbound. East and west bound lanes will be open but there will be 30 minute delays for blasting and safety purposes. The fourth item on the agenda was a request to table the first reading of Ordinance No. 21, Series of 2012, an Ordinance for prescribed regulation amendments, pursuant to Section 12 -3- 7, Amendment, Vail Town Code, to allow for amendments to Section 12 -813-7, Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12 -2 -2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. Town Council meeting minutes of January 15, 2013 Page 1 Moffet made a motion to table the first reading of Ordinance No. 21, 2012, to the February 5, 2013, meeting. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5 -0. The fifth item on the agenda was a request to table the first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12 -3- 7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive /Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. Moffet made a motion to table the first reading of Ordinance No. 22, 2012, to the February 5, 2013, meeting. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5 -0. Foley said this item was also continued to the Planning and Environmental Commission meeting of January 28, 2013. The sixth item on the agenda was first Reading of Ordinance No. 2, Series of 2013, an Ordinance amending Section 6 -3C -6 of the Vail Town Code to reconcile the Vail Town Code with the newly enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64). Matt Mire, Town Attorney, said Colorado voters recently passed Amendment 64 which added a new Section 16 of Article XVIII regarding the personal use and regulation of marijuana. Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age. It is the desire of the Council to pass legislation reconciling the Vail Town Code with Amendment 64 and to clarify and codify the town's prohibition of medical marijuana businesses. Daly asked if this ordinance would make the town code consistent with the Colorado state statutes. Mire said yes. Moffet made a motion to approve first reading of Ordinance No. 2, 2013, and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5 -0. The seventh item on the agenda was the reading of Ordinance No. 3, Series of 2013, An Emergency Ordinance Adopting a Temporary Ban on Marijuana Establishments in the Town, Pursuant to the Newly Enacted Section of Article XVIII of Colorado Constitution (Amendment 64). Matt Mire, Town Attorney, stated pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance." He said this emergency ordinance allows staff time to study the effects of such marijuana establishments, consider the town's existing land use regulations and master plan and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town. During such time, the Council finds and determines that it is the best interest of the public health, safety and welfare for the town to adopt a temporary ban on the location of marijuana establishments in the town and the Council finds and determines that an emergency exists, to prevent marijuana establishments from Town Council meeting minutes of January 15, 2013 Page 2 adopt a temporary ban on the location of marijuana establishments in the town and the Council finds and determines that an emergency exists, to prevent marijuana establishments from locating in the town during the time that town staff is studying the effects of such establishments and the proper location for such establishments and if they will be permitted in town. The moratorium is valid until August 6, 2013, at which time the Council can then apply consistent regulations as the State of Colorado (State). The State has until July 1, 2013, to finalize language. Moffet said nuisance and odor issues will also need to be addressed. Rogers said this moratorium will be in place until the State gives guidance and allows the town to review local ordinances. This doesn't mean the town will be banning anything but this ordinance just delays the process until the town staff finds out how to best regulate this process. Moffet made a motion to approve emergency Ordinance No. 3, 2013, and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 5 -0. The eighth item on the agenda was an update on Ford Park Phase 2. This update to the Council includes a status report of the Phase 1 Construction progress and schedule, the submittal to the Planning and Environmental Commission (PEC) of the Phase 2 Development Plan for Ford Park and a request by the Vail Valley Foundation (VVF) to proceed through the Development Plan process. Greg Hall, Public Works Director, stated there are three items to be discussed; the Phase II Development Plan, Phase I items under construction and additional design work needed. The second phase deals with the covered social court yard at the Amphitheater; improvements to Betty Ford Way; the Betty Ford Alpine Garden (BFAG) education building; the box office improvements; the Ford family tribute; riparian restoration, playground improvements and permanent exhibit space which are all interrelated. Staff requested Council provide comments on the Ford Park Phase II Development Plan submittal to the PEC and grant permission to the VVF to proceed through the Phase 11 development process. Zemler said the Ford Tribute is now scheduled to be adjacent to the covered social court yard. All of the Phase II components are unfunded projects. The Council wanted to know who made the decision to move the Ford Tribute to the social courtyard instead of at the juncture of the Manor Vail entrance and Betty Ford Way. Pedro Campos, Landscape Architect with Zehren and Associates, said the cottage for AIPP needed to stay in this area. Adding the Ford Tribute created too much congestion in this area. So given the AIPP concerns and discussion with the VVF, because of the congestion in this area, they moved the tribute piece to the social area in front of the Amphitheater. Tjossem said if the space is too tight; take the tribute arrival monument out. Campos said an arrival component still needed to be there to announce people have arrived in Ford Park. Way finding solutions and landscape solutions are still being discussed and there is still a need to allow for large vehicles to come and go on Betty Ford Way. Further discussion ensued. Council was concerned the commons area of the lower bench open space has too many art zones. They want as much open space as possible in the lower bench. Campos said additional landscaping is in select corner areas where trees exist already and wouldn't interfere with the Town Council meeting minutes of January 15, 2013 Page 3 ^ erg open areas of the park. Further discussion ensued regarding the open space being sacred in the lower bench, possible additional landscape areas and possible art areas. If the AIPP cottage stays, it needs to be improved as well. Daly asked where the money for Phase II is coming from. Campos stated the VVF is fundraising. The original budget was approximately $7 million for Phase 1 and Phase 11. However the scope of Phase II is growing and there are unfunded portions of Phase II including improving the picnic shelter. Rogers asked about the existing trees in the lower bench and the landscaping proposed around the lawn area. Campos said enhancing the landscaping along Betty Ford Way is one of the goals to make it more memorable. Ceil Folz, VVF, said the goal is to raise $6 million. The VVF has $3 million so far. They believe that they have another $1 million that is good and another $2 million they feel pretty good about. Their intention is to have all the fundraising completed by the beginning of the summer. Most donors are part-time residents. Some of the benefactors are John and Marlene Boll who are Beaver Creek residents; Mike and Mary Sue Shannon who are Vail residents and Lyda Hill. Daly asked if the VVF goal to provide the BFAG $1 million was still in the mix. Folz stated the VVF is going to provide $1 million for the BFAG education center. Any additional money for the education center above and beyond the $1 million is the responsibility of the BFAG. Daly stated the Council needs to give the VVF permission to move ahead with Phase II of the project. Foley stated in the documents submitted it said that Phase 11 is to design and construct Phase II. He wants more public comment. Rogers stated this approval just give the VVF permission to proceed through process and is not an approval for the design or construction. Campos said they were going to hold public work sessions with the Planning and Environmental Commission (PEC) and the Design Review Board (DRB) in February to get their thoughts before moving forward and coming back to Council. Greg Hall asked if the Council was okay at this time with the design components of Phase 11. Foley made a motion to allow the VVF to proceed through the planning process and Rogers seconded the motion. Daly said there were a lot of elements that will require significant review. He said the approval from Council to go through the development planning process is in no way approving the elements and design. He stated that approval from Council will have to be done in the future. He is very concerned there is too much stuff being added to the park. He said the goal is to preserve the open space in the park and keeping the character intact for the kids and to have a large play area. He said the common area needs to be held sacred and the whole area needs to be safe and fun for kids to play. He also wanted to make sure the Ford tribute and recognition is appropriate in size and quality to the contribution they made to Vail. Foley agreed with Daly on the tribute to the Ford's. Hall said event producers have been notified of the Phase II schedule. Zemler said all the field improvements were moved back one year. Staff will make sure the public is informed about the fields being out of commission for the summer of 2014. A vote was taken and the motion passed unanimously, 5 -0. Town Council meeting minutes of January 15, 2013 Page 4 The ninth item on the agenda was Adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5 -0. The meeting adjourned at 6:57 p.m. Attest: or Ai Donaldson, Town Clerk Respectfu Submitted, Andrew P. Daly, Ma js0 SEAL Town Council meeting minutes of January 15, 2013 Page 5 Vail Town Council Meeting Minutes Tuesday, February 5, 2013 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 Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro -tern Margaret Rogers Susie Tjossem Members Absent: Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk The first item on the agenda was Citizen Participation. Jonathan Levine said after his last meeting with the Chief of Police, he wanted to talk to the Council. He said 10 days ago, there was a meeting of all the transportation folks. He said the Chief has not done his due diligence. The restaurants and other people are unhappy with the transportation ordinance. He said most of the companies that have been misbehaving are now gone. They need to revise the ordinance and not have the chief be the point person for this job. Daly said this is a staff issue and that the town manager should address. Zemler said this is the town's policy and program, not the chiefs program. Levine said someone who understands this issue and is out on the streets need to be in charge. Daly said the town will review at the end of the ski season. Zemler said he will follow -up. The second item on the agenda was the Consent Agenda. The consent agenda consisted of the approval of the January 8 and January 15, 2013, meeting minutes and the approval of Resolution No. 5, Series of 2013, an Intergovernmental Agreement (IGA) with Eagle County for Animal Control Services. Foley made a motion to approve the minutes of January 8, 2013, meeting. The motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 6 -0. Foley made a motion to approve the minutes of January 15, 2013, meeting and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 4 -0 with Donovan and Kurz abstaining as they were not present at this meeting. Town Council meeting minutes of February 5, 2013 Page 1 Rogers made a motion to approve Resolution No. 5, Series of 2013, and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 6 -0. The third item on the agenda was the Town Manager Report. Zemler said with the redevelopment for the Main Vail Fire Station, staff had been holding the second floor as potential interim use for the municipal office. Two EHU's were on hold. Staff received 2 bid proposals, which were $100,000 over what was originally anticipated. This money could come from the buy down program. Daly asked who would use these units. Zemler said firefighters would use them, but if they didn't use them, it would be used for other first responders. Fire Chief Mark Miller said the units would be nice, insulated to what would be in a typical condominium unit. He is sure dispatchers and other first responders would use the units. Zemler stated the Timber Ridge project has been paid off as of February 4, 2013. He thanked Dee Wisor and Judy Camp for their help in getting this difficult process completed. The fourth item on the agenda was a presentation of the Memorial Weekend 2013 special event proposal Kelli McDonald, Economic Development Manager, said the Council allocated $85,000 toward the funding of an event to be held on Memorial Weekend 2013 to kick off the summer season. The Commission on Special Events (CSE) has taken several steps to arrive at a concept for Council's consideration and approval. Research was conducted with focus groups comprised of representatives of the Vail target audience, as well as an online questionnaire that was sent to a database of 4,000. The culinary concept received the most traction of the concepts tested. FEAST! Vail is the concept being proposed, which would bring a fresh look at the superior culinary talent here in Vail by pairing local chefs against some of the best talent from Denver. There would be intimate food and wine pairings, 12 custom seminars daily, an exercise and culinary event, apras events to meet guest chefs and a farm -to -table event. Complete information is in the attached presentation including estimated ROI, community involvement, marketing strategy, budget framework and next steps. The CSE will work collaboratively with Highline Sports and Entertainment, the event promoter, to further develop the proposed events components and to ensure that the Vail restaurant community will embrace the concept. Sonny Kierstens from the CSE said thanks for the continued support of the CSE. CSE had been tasked to find an event to kick off summer. The CSE thoroughly vetted a lot of events that are weather neutral. Jeff Brausch, an owner of Highline Sports and Entertainment, said the Memorial Day concept parallels the Labor Day weekend event, Gourmet on Gore. Memorial Day has historically been a soft weekend with questionable weather, significant competition, family challenges around school and other issues. The CSE did research and culinary events rated strong. They reached out to several restaurant owners, event producers of food events and other culinary event experts. They have key connections in the culinary field and media partnerships. The event gives attendees a chance to have first hand experience with chefs. Donovan asked about the weather. The Dobson is a site that will have tents and convertible areas so they can move inside. They are looking at different pods of tents in several areas. Donovan said this didn't feel different from Taste of Vail or Gourmet on Gore. What makes this truly unique to blow away other Memorial Day events? Brausch said specific programming will come from Katie Till with Highline Sports. Challenges from Vail will be issued to Denver. Or attendees can hike with Mike Kloser or other special guests. Monday of Memorial Day Town Council meeting minutes of February 5, 2013 Page 2 Weekend will host "Vail's biggest table, with a farm -to -table outdoor guest chef and a Vail chef and will be a truly unique outdoors experience ". Donovan asked how a farm -to -table event could be produced in Vail in May and was told there are things in season. Daly asked when marketing would start for the event, to which Adam Sutner said there wasn't much room in this budget for marketing so they would be talking to the Vail Local Marketing District Advisory Council (VLMDAC). More robust front range marketing and working with a guest chef from the Denver 5 organization would commence May 1. Highline will focus on local marketing. $10,000 is budgeted. When asked whether the local restaurant community was engaged, Council was told Brian Nolan and Matt Morgan had met with them and they believe there will be strong support from this section of the community. CSE and the VLMDAC will perform an audit upon completion. Event organizers are expecting up to a thousand people /day for this first year event. The focus for the first year will be to introduce the visiting chefs to the public and to get great exposure. Kelli McDonald, Vail Economic Manager, requested Council move to approve this Memorial Day event. Foley made a motion to approve $85,000 from CSE to host this event, with a second from Donovan. A vote was taken and the motion passed unanimously, 6 -0. The fifth item on the agenda was an update on the Burton US Open. Kelli McDonald said Council allocated $400,000 toward the funding of the Burton US Open Snowboarding Championships to be held February 25 — March 2, 2013. Peggy Wolfe, Highline Sports and Entertainment, gave an update on the estimated ROI, sponsorship benefits, community involvement, marketing strategy, broadcast schedules and event schedules. Wolfe said they are excited about the new marketing of television ads, radio and marketing plan which is being implemented and is getting good reception. The web site is open and is getting a lot of viewing. On a grass roots level, the state is canvassed with flyers and posters and they were at the x games in Aspen. Social media is being well received, the Miracle Card is being used to get a deal in Vail. Each vendor makes its own deals. The cards will be available at the info centers and welcome center. The community and retailers want to be part of this event. The Lionshead activations include Friday and Saturday movie nights and running snowboard movies that are family friendly. Solaris concerts will be more adult. A photo booth green screen will also be in Lionshead and there will be a scavenger hunt for families. School outreach is in development, one -of -a -kind meet and greets for local schools, including RSES, VMS and Children's Garden of Learning. Webcast and TV casts will show live versions of competitions. It will air live on NBC and universal stations. An updated schedule shows the depth of the program. Multiple feeds will be placed throughout the town. Donovan said the buzz is big. The sixth item on the agenda was a request for additional funding for the EGE Air Alliance of $30,000 for 2013. Mike Brown, President of Alpine Bank of Avon and Edwards, said the Alliance is trying to move ahead. He has been involved since 2002, a long with Chris Romer and the Vail Valley Partnership. The EGE Air Alliance is a 501 c6 not - for - profit entity dedicated to creating a vibrant flight service program at the Eagle County Regional Airport. The EGE Air Alliance is a public - private partnership with participants including local municipalities and private business stakeholders. Over the past five years, the community has lost 27% of the available seats into Town Council meeting minutes of February 5, 2013 Page 3 the Vail /Eagle County Regional Airport (EGE). For EGE in the winter of 2007 -08 (the peak year for enplanements), there were 273,000 available inbound seats. This winter there are 212,000 inbound seats, with a 34,000 seat decrease from last winter. EGE Air Alliance is working to confirm a nonstop flight from Houston this summer on United Airlines: 5 days a week, from June 27th through September 7th. The 2013 budget includes a $6,500 line item for administrative costs for the air program, so if approved, this would mean adding $23,500 to the 2013 budget. Tjossem asked if numbers are down due to Aspen's air service increasing. Romer said it could be. They are in the process of hiring a consultant to determine the stats. Romer said in the winter, EGE is busier on a Saturday than the Colorado Springs airport. The business community needs to step up and help grow the alliance. He reviewed the power point with Council. Mike Brown said the competition is fierce. There is a need to increase the pool of support from the community. They are looking for opportunities in the future. The first opportunity is a Houston nonstop flight five days a week. Texas has the highest part time homeowners in the valley and the top 3 out -of -state visitors in the Vail Valley. It acts as a feeder hub from all over the USA and Mexico. EGE is asking for funding for 2013 of $30,000. 2014 and beyond, they need a long term sustainable model of $1.8 to $2.4 million a year. They need to revisit Chicago and winter service from Toronto. They need to make custom clearance easier and a Dulles flight from Washington D.C. is on the future list. They are working to meet $396,000 by mid - February. Daly said VRI may be looking to reduce their portion of funding. If you look at their winter flights, they will continue. Romer said they are looking at this model. VRI is not changing their contribution but, they will change their retail stores and lodges and different organizations will be contributing separately, a shift in execution not in contributions. In regard to the summer flight for Houston, VRI will be contributing to this flight as well. Tjossem said to be bold and ask for more money. That is not a lot of money to be requesting. Tjossem said the town should take a leadership role and send the message that they are behind traveling to Vail via air. This is a positive message for the community and guests. We need to get behind the airport. Tjossem suggested the town give them $100,000. Daly said they only asked for $30,000. Foley asked where the money would come from. Zemler said reserves from the general fund. Romer said regardless of the funding amount, the goal is to keep the public funding the same. The private sector must step up and pay as they are the direct beneficiaries. Jim Lamont, representing the Vail Homeowners Association (VHO), said there should be a sales tax supported funding mechanism. He just went through Houston from Mexico. If we're looking at Houston to be a hub from Mexico and South America, don't. It is the worst run airport for guests coming from Mexico. It is not a good operation. Kurz made a motion to approve the funding request for $30,000. Rogers seconded the motion. Donovan said she is going to support this but wants the Council to reflect on how much they have dipped into the general fund. Daly said $1.2 million and counting. He said additional money could be available if it's tied to additional flights. A vote was taken and the motion passed unanimously, 6 -0. Town Council meeting minutes of February 5, 2013 Page 4 The seventh item on the agenda was approval of Resolution No. 3, Series of 2013, a resolution approving an encroachment into an existing view corridor, pursuant to Section 12 -22 -6, Encroachments Into Existing View Corridors, Vail Town Code to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionhead Circle /Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. George Ruther, Community Development Director, said view corridors have been established within the Town of Vail to maintain and protect certain views to the surrounding area from public plazas and pedestrian ways. Encroachments into existing view corridors are allowed when it can be determined that the proposed encroachment does not negatively impact the intended purpose of the view corridor. Three residential property owners within the Lionshead Centre Building are proposing to complete residential additions to their dwelling units. The proposed additions encroach into View Corridor #8. In order to construct the residential additions as proposed, the property owners must first be granted permission by the Town of Vail to encroach upon the existing view corridor. There was a site visit at the work session to this site. 1 foot 3 inches to about 2 feet of roof eave with residential addition of approximately 800 feet would be the overall impact. The Planning & Environmental Commission (PEC) has granted an approval of the request for an encroachment into View Corridor #8. The approval was granted based upon the review of the criteria and findings outlined in the memorandum to the PEC dated, January 14, 2013. Staff recommends the Council uphold the approval of the PEC and grant an approval of Resolution No. 3, Series of 2013, as read. This does not negatively impact the view corridor. Two conditions of approval are Design Review Board approval and the approval into an existing view corridor will be null and void upon the demo of the building. Rogers made a motion to approve Resolution No. 3 with conditions and the motion was seconded by Kurz. Donovan will not be supporting this resolution. These are sacred view corridors. Daly said the remodel extends 25 feet 4 inches to the south of the building. Daly said he has the same concerns as Donovan. This will significantly reduce the view corridor to the east. A vote was taken with a tie, 3 -3 vote, with Tjossem, Daly and Donovan against. The motion died. The eighth item on the agenda was a request to table first reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12-3 - 7,Amendment, Vail Town Code, to allow for amendments to Section 12- 813- 7,Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12 -2 -2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. George Ruther, Community Development D Merit Director, said the applicant is requesting to table the public hearing of Ordinanc r as of 2012 to the February 19, 2013, Council meeting. �P• •. �. riy� ,• Donovan made a motion to table the�first re�' �t,%thig February 19, 2013, meeting. The motion was seconded by Kurz. A vote vicas�a en and th�.motion passed unanimously, 6 -0. The ninth item on the agenda was a requ" J0 table first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district bbtxjdary 6mendment, pursuant to Section 12 -3 -7, Town Council meeting minutes of February 5, 2013 Page 5 Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive /Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. George Ruther said the applicant is requesting to table the public hearing of Ordinance No. 22, Series of 2012 to the February 19, 2013, Council meeting. Donovan made a motion to table the first reading to the February 19, 2013, meeting. The motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 6 -0. The tenth item on the agenda was second reading of Ordinance No. 2, Series of 2013, An Ordinance Amending Section 6 -3C -6 of the Vail Town Code to Reconcile the Vail Town Code with the Newly Enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64). Matt Mire, Town Attorney, said this housekeeping ordinance is necessary to have the town code align with state code. Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana. Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age. It is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with Amendment 64 and to clarify and codify the town's prohibition of medical marijuana businesses. Rogers made a motion to approve second reading of Ordinance No. 2, 2013, and the motion was seconded by Kurz. A vote was taken and the motion passed unanimously, 6 -0. The eleventh item on the agenda was Adjournment. As there was no further business, Foley made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6 -0. The meeting adjourned at 7:57 p.m. Respectfully,80m itted, Attest: k& Andrew P. Daly, Mayor A ndmeyer, Assistant Town Mana pF �Q •••...r... SEAL •....... C ORP� Town Council meeting minutes of February 5, 2013 Page 6 Vail Town Council Meeting Minutes Tuesday, February 19, 2013 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 Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro -tem Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk Andy Daly asked for a moment of silence in honor of one of the Town of Vail Police Officers, Brad Baldwin, who passed away last week. The first item on the agenda was Proclamation No. 1, Series of 2013, One Book One Valley. Mayor Daly read Proclamation No. 1, Series of 2013, into the public record. Moffet made a motion to accept Proclamation No.1 and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7 -0. Lori Ann Barnes, Vail Librarian, said the 2013 book for One Book One Valley was "Into the Beautiful North." This book will reach more people as it is in Spanish and English. The towns of Avon and Eagle, as well as Eagle County, have all adopted the One Book One Valley project. The library has 15 copies of the book available and currently they are all checked out. She invited the public and the Council to the Vail Library's Grand Re- Opening Celebration on Friday, March 8h. The second item on the agenda was Citizen Participation. There was no citizen's participation. Foley sent out condolences to the Moritz family as Marie Claire Moritz passed away recently. Daly read into the record a letter from a one of the veterans who participated in the Vail Valley Veteran's ski program. The veterans are grateful for this program. Foley also congratulated Michaela Shiffrin on her gold medal in the World Alpine Ski Championships. Susie Tjossem offered condolences to the Simonton family on June's passing. Town Council Meeting Minutes of February 19, 2013 Page 1 The third item on the agenda was the Consent Agenda. On the consent agenda was the appointment of Davy Ratchford to the Vail Local Marketing District Advisory Council (VLMDAC). Moffet made a motion to appoint Davy Ratchford to the VLMDAC as the Vail Resorts Inc. representative. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7 -0. The fourth item on the agenda was the Town Manager Report. The first item of discussion was Timber Ridge. Stan Zemler, Town Manager, clarified that Council had given permission in June of 2012 to pursue working with Jen Wright and Gary Gorman in redeveloping Timber Ridge. He said there had been some confusion so he wanted to clarify how the town proceeded with Wright and Gorman to redevelop Timber Ridge. The town had pursued Request for Proposals (RFP) for this project three times prior with no positive results. He said the Council had good questions on next steps. A market study, a proforma and retaining an owner's representative for the project would answer many questions on the redevelopment in collaboration with Wright and Gorman to get information the town needed to move forward. R.A. Nelson Construction has done pro bono work on how much this project would cost. Zemler asked for Council feedback. Daly asked the town attorney, Matt Mire, to address what Council's responsibility is for this project. Mire said there was leeway for Council to do what they want as it is the town's property. Foley said he wanted to move forward with Wright and Gorman. Donovan said she was thankful to get the background information to remind the Council of the decisions they had made. She is in favor of moving forward as well. Moffet said if they have a responsible developer and are comfortable to manage the process, he is in favor of doing the next steps. Rogers said she voted against this the last time. She is concerned about the process. She said previously there were 600 beds and now they are talking about 200 beds. Her concern is that now there may be other developers that can do 200 beds on this site. She wants others to have an opportunity and wants to do an RFP with 200 pillows and have good competition for this site. Kurz said he is comfortable proceeding with Wright and Gorman. Tjossem said she is in support of going forward with Wright and Gorman. She is comfortable since both have completed numerous projects in town in the past. Daly said he also supports moving forward. He said the market study will identify the type of units that will be year -round rentals for folks working and living in town. This still allows redevelopment of the western portion of the site for part-time residents. The developer will be operating this project with a long term lease and the onus will be on them to make this a long term success. The property will come back to the town after the lease term. This property will continue to be part of the community. Rogers asked as a part of when the market study, will there also be a study as to how many units are needed for seasonal employees. Zemler said that could be addressed as well in the market study. Zemler said there is an exit strategy for both parties. When the market study and proforma are done, there is potential to mutually or individually decide this may not be the path to go down. The second item under the town manager's report was a discussion regarding the proposed synthetic infields at Ford Park. Oppenheimer read into the record the ballot language that was approved by voters on the use of conference center funds to enhance the Ford Park fields. He said replacing the current infield dirt with synthetic material is necessary for the safety of the players for Lacrosse and softball. There is money in the budget for this. He reviewed the diagrams showing where the infields Town Council Meeting Minutes of February 19, 2013 Page 2 overlap the area for two lacrosse fields where the synthetic material is needed to flatten the infields. He said the league play and tournaments are big economic drivers for the town. The safety concerns of playing from dirt infield and grassy area for tournaments is big. He reviewed the memorandum with Council. He had samples of the synthetic turf that he shared. Mike Ortiz, Vail Recreation District (VRD) Director, said when the VRD had previously come before Council, they noted they were restricted in having more tournaments. If they are building new fields, the VRD needs to step up with new improvements and keep pace with rest of the town's redevelopment and be able to attract more events. Moffet asked how the synthetic infields prevent people from tripping from one material to another. Oppenheimer said getting a foundation in the ground that is not affected by frost and wrapping it under the natural outfield allows it to stay put. Moffet said they need to build into the budget the reconstruction of the margins every year or every few years and they would need to budget appropriately for repairs. Rogers asked if this is done routinely in our climate. Oppenheimer stated synthetic fields are used in Michigan, Wisconsin and across the Mid West. He said there is an eight (8) year warranty and there is a two year workmanship guarantee, which is standard for them. The VRD will rely on field designers to pick the right material to use for Vail. Donovan had questions on environmental safety and other concerns. Foley made a motion to move forward with the synthetic infield. Further discussion ensued regarding types of footwear while running from one type of surface onto another. Daly said this only needs to go to the Design Review Board (DRB). He would like to have more public input. He asked about the budget for the synthetic infields. Oppenheimer said this is covered in the current budget, but the $360,000 is an estimate only. Rogers asked about the lines for each of the sports. Ortiz said the lines for both sports are sewn into the material. Kurz seconded the motion. Jim Lamont, representing the Vail Homeowners Association, said this was a subject of great discussion and debate. He said the prior Council promised the money to be allocated out of the conference center funds for the fields for the turf on the field was going to be natural. The project is now changing and renigs on the position of the former Council members. He wants the current Council to stand up and support the previous Council's decision to keep it natural. Rogers asked if they were taking natural turf and turning it into synthetic fields. Ortiz said this was not what they were doing. They are turning the infield dirt into synthetic fields. Rogers said this doesn't conflict with the previous Council's decision. Tjossem said the voters approved the second full lacrosse field. The only way to get those and keep the three softball fields is to use synthetic infield. This is a safety issue and they are not taking away natural turf; this is the dirt area. Daly is voting against it because he doesn't approve of the process being taken. The public needs to weigh in on this. Oppenheimer said there are additional DRB hearings regarding Ford Park in which the public is invited to attend. Daly wants this to item to come before Council again and be a separate agenda item so the public can weigh in. Town Council Meeting Minutes of February 19, 2013 Page 3 Foley said he could withdraw his motion and get it on another agenda as a separate item. Rogers said there was a package of information under the town manager report. This was a thorough discussion and there was plenty of information given to the public. Moffet agrees with Rogers. Oppenheimer stated if they bring it back on the March 5 meeting there, is not an impact. But if it doesn't come back for a month, it would have an impact. He said the newspaper will be reporting on it and the public can go to the DRB meeting. He sent out arequest for qualifications a month ago and there is interest. An RFP will get a plan with costs on how professional firms approach this project. Those proposals are due back Friday, March 1. The staff needs time to go through the applications and interview firms. The DRB meeting is not scheduled yet. Ruther said roles and responsibilities need to be clear. As owners, does Council want staff to move forward and present this to DRB. He reiterated that the DRB public hearing allows the public to participate. vote was taken and the motion to approve the synthetic fields going forward to DRB. The motion passed 5 -2, with Daly and Donovan opposed. The fifth item on the agenda was a request for the Council to reconsider an encroachment into an existing view corridor, pursuant to Section 12 -22 -6, Vail Town Code. George Ruther, Community Development Director, stated on February 5, 2013, Council considered a request for an encroachment into an existing view corridor, Resolution No. 3, Series of 2013. Following a site visit to the affected view point (View Point #8) in Lionshead and a presentation by staff of the Planning and Environmental Commission's (PEC) action approving the request, a motion to approve Resolution No. 3, Series of 2013, failed due to a lack of majority vote (3 -3). That being the case, it is likely a motion denying said resolution would have failed due to a lack of majority vote. Ruther said staff recommends Council grant the request to reconsider action taken on Resolution No. 3, Series of 2013. Staffs recommendation is based on the following factors: the Council was evenly split on the motion (3 -3) and the applicant was not afforded an opportunity to make the full presentation they had made to the PEC. Foley said Moffet was the only member that was not in attendance at the last meeting and should this be tabled to the next meeting to allow him to visit the site. Kurz asked Mire if this was the correct process for Council to reconsider this item. Tjossem said when the Council considered this item at the last meeting, it was a very long day and this item was brought up late in the day. Also, the applicant was not given the opportunity to make a presentation. Tjossem stated she did not ask any questions at the last meeting and she voted against the project without the applicant knowing where she stood on it. The applicant didn't have the opportunity to either make a presentation or ask for it to be tabled. She takes responsibility for that error. She is in favor of reconsidering this resolution. Tjossem made a motion to reconsider Resolution No. 3, Series of 2013, and the motion was seconded by Foley. Moffet stated he had a problem with the procedure. Mire said the applicant cannot ask for this to be reconsidered. The town staff has asked for this to be on the agenda. Donovan is also uncomfortable with the procedure. Rogers also didn't like the procedure and felt the motion to reconsider was improper. She stated the applicant was not given the Town Council Meeting Minutes of February 19, 2013 Page 4 opportunity to make a presentation and she had made a motion prior to the applicant's presentation. She is willing to reconsider this as the applicant didn't have an opportunity to present their case. A vote was taken to reconsider Resolution No. 3, Series of 2013, and the motion passed, 4 -3, with Daly, Donovan and Moffet opposed. The sixth item on the agenda was Resolution No. 3, Series of 2013 a resolution approving an encroachment into an existing view corridor, pursuant to Section 12 -22 -6, Encroachments Into Existing View Corridors, Vail Town Code to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle /Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. Moffet stated he didn't need a site visit. George Ruther, Community Development Director, stated view corridors have been established within the Town of Vail to maintain and protect certain views to the surrounding area from public plazas and pedestrian ways. Encroachments into existing view corridors are allowed when it can be determined that the proposed encroachment does not negatively impact the intended purpose of the view corridor. Three residential property owners within the Lionshead Centre Building are proposing to complete residential additions to their dwelling units. The proposed additions encroach into View Corridor #8. In order to construct the residential additions as proposed, the property owners must first be granted permission by the Town of Vail to encroach upon the existing view corridor. The PEC has granted an approval of the request for an encroachment into View Corridor #8. The approval was granted based upon the review of the criteria and findings outlined in the memorandum to the PEC dated, January 14, 2013. Staff recommends the Council uphold the approval of the PEC and grant an approval of Resolution No. 3, Series of 2013, with the conditions as read. Discussion on where view corridors need to be considered ensued. Allison Kent, with Mauriello Planning Group, reviewed a power point presentation regarding the project to Council. She stated one of the owners, Federico Gaxiola, was also in attendance and wanted to address the Council. Gaxiola stated a new building was supposed to be done in 2007 but due to the economy, that didn't happen. Since then the association and owners are now trying to improve and remodel the building. This is the only way they can improve this building until such time as a new building is proposed. Tjossem asked about redesigning the space so it would not encroach 1.6 feet into the view point and how would that change the functionality of the space. Kent stated the entire length of the space would have to change and the window pattern would change. The design is meant to match the current building. The DRB felt this was the best way to maintain the aesthetics of the building. Tjossem asked Ruther about what the depth of the bay is. Ruther said it is 25 feet in length but the building is not coming out 25 feet. Moffet asked if this complies with the Lionshead Master Plan. Ruther said there are five criteria that were considered. One of the criteria addressed the impacts to the land use plan and other master plans. The PEC and DRB determined this project did not have a detrimental effect to the master plan. The PEC also determined that it complied with the findings and conditions of the master plan. This building has an additional Town Council Meeting Minutes of February 19, 2013 Page 5 allowable GRFA of 130,000 square feet for the building. The applicant has asked for a little over 800 square feet. Moffet said flexibility in The Lionshead Master Plan allows for this and they met the conditions. Jeff Babb, the Lionshead Center Association President, said the association is trying to look at the building as a whole and trying to redevelop without rebuilding the whole building. The applicants will be purchasing air space and revenue will go to the overall master plan for the rest of building. He said safety aspects include upgrades of the elevators. Rogers made a motion to approve Resolution No. 3, Series of 2013, and the motion was seconded by Kurz. Donovan stated she will not support the motion for several reasons. She doesn't want this project to encroach into the view corridor, doesn't see an aesthetic benefit and doesn't support the concept of the build -to -line. Foley said he will support this. He has lived in Lionshead for years. He has experience with view corridors, and he walks by this project every day of the week and understands things will change. This is miniscule and not a detriment to the town. A vote was taken and the motion passed, 6 -1. with Donovan opposed. The seventh item on the agenda was Resolution No. 4, Series of 2013, a resolution amending the Lionshead Redevelopment Master Plan (LRMP), pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the recommendations for the central pedestrian plaza (Sundial Plaza) in Section 5.8.6, Plazas and Nodes, Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. Warren Campbell, Chief Planner, said the subject property was a part of the original Town of Vail which became effective by the election of August 23, 1966, and the court order of August 26, 1966. In 2008, the Council instructed staff to locate and build a park in Lionshead per the LRMP. After examining all town -owned locations, Sundial Plaza was selected as the only adequate location for a public park. The Council has approved funding for a park in Sundial Plaza as part of the 2013 municipal budget. On January 28, 2013, the Planning and Environmental Commission (PEC) held a hearing to review the proposed amendments to the LRMP and an accompanying conditional use permit application. The PEC recommended approval for the proposed LRMP amendments to the Council with a vote of 7 -0 -0. Campbell said based on the criteria and findings outlined in Section VI of the PEC memorandum, dated January 28, 2013, and the evidence and testimony presented, the PEC recommends the Council approve Resolution No. 4, Series of 2013. Moffet made a motion to approve Resolution No. 4, Series of 2013, and the motion was seconded by Foley. Foley said there are a lot of people in Lionshead excited about this project. A vote was taken and the motion passed, 7 -0. The eighth item on the agenda was first reading of Ordinance No. 5, Series of 2013, an ordinance repealing and re- enacting Ordinance No. 7, Series of 2010, reestablishing the approved development plan and development standards for site coverage, density and landscaping for Special Development District No.37, Tivoli Lodge, in accordance with Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for an addition to an accommodation unit, an office and a meeting room, at the Tivoli Lodge, located at 386Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto. Town Council Meeting Minutes of February 19, 2013 Page 6 A site visit was done earlier in the day. , Warren Campbell, Chief of Planning, reviewed the memorandum and power point with Council. He said on February 11, 2013, the Planning and Environmental Commission (PEC) forwarded a recommendation of approval to the Council for Ordinance No. 5, Series of 2013, by a vote of 7 -0 -0 with the following conditions: 1) This approval includes two revised plan sheets A4.0 and A5.4 dated February 8, 2013; 2) The applicant shall receive permission from the adjacent property owner (Vail Associates) for access for construction in conjunction with any building permits; and 3) Approval of an amendment to the SDD is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Bob Lazier, owner of the Tivoli, said the changes are to smooth out the operation of the hotel and to address the ice problems. Foley made a motion to approve first reading of Ordinance No. 5, Series of 2013, and the motion was seconded by Rogers. Daly had two concerns: the push out of conference space should not take away from the attractiveness of the building and the office needs to blend into the overall building. A vote was taken and the motion passed, 7 -0. The ninth item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7 -0. The meeting adjourned at 8:15 p.m. Respect-,Submitted, rew P. Daly, Attest Town Council Meeting Minutes of February 19, 2013 Page 7 Vail Town Council Meeting Minutes Tuesday, March 5, 2013 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 Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro -tem Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Both Kevin Foley and Susie Tjossem both asked to recognize the passing of long -time Vail supporters and residents, Cyrus Allen (Buck Allen's father) and June Simonton, local artist and writer. The second item on the agenda was the Town Manager's Report. Ron Braden, IT Director, gave an update on AT &T and issues with this carrier. A tower has been constructed at Public Works and both AT &T and Verizon hope to be on line by the summer of 2013, with ultimate build out planned for this coming fall. While 4G coverage is still sporadic, the signal is getting better and stronger and the community should see better propagation east of the golf course. Verizon may also be on the Public Works tower. Inside the Village Parking Structure should continue to improve. Ron Riley, East Vail resident and restaurateur, noted 200 people had responded by e-mail to his Vail Daily full page ad. Of those, 187 filled out the questionnaire and of those 187, 145 believed there would be an adverse economic effect due to the coverage difficulties over the holidays. Respondents were angry and frustrated. Additionally, under "new business," Greg Moffet moved to ask Council to work with staff to table the upcoming Planning and Environmental Commission (PEC) application for the Ford Park Phase II projects (scheduled for March 11) to April 22 in order to allow Council to do a site visit to Phase I Ford Park improvements on March 19. He requested Council be able to look at Phase II projects based on conditions now created by Phase I. He further moved to schedule a public hearing on March 19 to discuss the Ford Park Management Plan. This two -part motion was seconded by Kevin Foley. The motion passed 6 -1, Rogers opposed. The third item on the agenda was second reading of an ordinance repealing and re- enacting Ordinance No. 7, Series of 2010, re- establishing the approved development plan and development standards for site coverage, density and landscaping for Special Development District No. 37, Tivoli Lodge, in accordance with Section 12- 9A -10, Amendment Procedures, Town Council Meeting Minutes of March 5, 2013 Page 1 Vail Town Code, to allow for an addition to an accommodation unit, an office and a meeting room, at the Tivoli Lodge, located at 386 Hanson Ranch Road/ Lot E, Block 2, Vail Village 5th Filing, and setting forth details in regard thereto. Chief of Planning Warren Campbell noted there had been no changes or modifications since the first reading. With that, Moffet moved to approve Ordinance #5 on second reading, with a second from Ludwig. A vote was taken and the motion passed unanimously, 7 -0. The fourth item on the agenda was first reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for amendments to Section 12 -8B -7, Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12 -2 -2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. The applicant requested Council table the public hearing of Ordinance No. 21, Series of 2012, to the January 8, 2013, Council meeting. Zemler asked that it be tabled to the January 15, 2012, public meeting because the Planning and Environmental Commission (PEC) won't meet until January 14, 2013. The applicant is again requesting tabling to March 19, 2013. Moffet moved, with a dual second from Tjossem and Kurz, to table Ordinance No. 21, Series of 2012, until March 19. A vote was taken and the motion passed unanimously, 7 -0. The fifth item on the agenda was first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive /Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. The applicant requested Council table the public hearing of Ordinance No. 22, Series of 2012 to the January 8, 2013 public meeting. Zemler asked that this item be tabled to the January 15, 2013, public meeting as well. The applicant is again requesting tabling to March 19, 2013. Moffet moved, with a second from Tjossem, to table Ordinance No. 22, Series of 2012, to the March 19 evening meeting. A vote was taken and the motion passed unanimously, 7 -0. The sixth item on the agenda was adjournment. There being no further business, Moffet moved, with a second from Donovan, to adjourn the meeting at 6:20 p.m. Attest: Pam Brandmeyer, Assistant o n Manager Respec Submitted, Andrew P. Daly, Town Council Meeting Minutes of March 5, 2013 (�0 Page 2 Vail Town Council Meeting Minutes Tuesday, March 19, 2013 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 Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro -tem Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was the Consent Agenda. a. Foley moved, with a second from Kurz, to approve the February 5 minutes. A vote was taken and the motion carried unanimously, 7 -0. b. Foley asked these be considered separately because there was an addition to the minutes to include a comment from Susie Tjossem acknowledging the passing of June Simonton. Foley move to approve the February 19 minutes, with a second from Donovan. A vote was taken and the motion passed unanimously, 7 -0. The third item on the agenda was Town Manager Report. George Ruther, Community Development Director, reported on the Public Information Sign Options at the Lionshead Parking Structure and requested direction from the Council. Ruther stated the town is exempt from the sign code, but suggested the following standards be followed: compatibility (appropriately sized); sign surface (non - reflective); lighting fixtures (shall not shine light onto adjacent properties); electrical wiring (concealed); sign maintenance (kept in good repair); wind pressure and dead load (compliance with IBC); and moving parts (prohibited). Donovan questioned who we were trying to direct and suggested the brown "I" on the north side only of the tower be installed. Tjossem said it should be compatible with the overall wayfinding program. Foley, Kurz, Rogers, Moffet and Donovan all signed approval for moving forward with its installation. The fourth item on the agenda was the Ford Park Master Plan and Management Plan Public Discussion. Ruther explained an overview of the questions for Council had been presented at the afternoon work session. Questions before the Council were: Does the Town Council have concerns with the direction recommended for Ford Park based upon the existing planning Town Council Meeting Minutes of March 19, 2013 Page 1 documents (1985 Master Plan, 1997 Management Plan and 2012 Management Plan Amendments)? If so, what are those concerns and why are they of concern? The three options for the review of the current Ford Park Phase II Improvements application are: 1) Continue forward with the recommendations of the Ford Park Management Plan Amendment and take no action (no policy or implementation concerns); or 2) Withdraw the Owner's consent to proceed through the development review process prior to the PEC public hearing on April 8 and direct staff to immediately initiate amendments to the master plan and management plan (policy concerns); or 3) Call up /appeal the final decision of the PEC on the development application after the public hearing on April 8 (implementation concerns). Ruther outlined the master plan history and the chronology of events (see Community Development Memorandum dated March 19, 2013), ending with the following conclusions: 1) Ford Park has been the town's longstanding solution to providing for the recreational needs of residents of the community, our visitors and guests; 2) The 1985 Gerald R. Ford Park/Donovan Park Master Plan, as adopted in 1985, and later amended in 1997 and 2012, remains relevant and in effect today; 3) The three documents (the Master Plan, the Management Plan and the Management Plan Amendment) are a combined planning document for decision making purposes; 4) The 1997 Ford Park Management Plan articulated six major goals statement aimed at guiding future development decisions. Those goal statements, along with those articulated in the 1985 Master Plan, established the town's intentions for development within the park in 1997; 5) An outcome of the town's planning efforts in 1996 -97 resulted in the Betty Ford Garden Education Center being relocated out of Ford Park and onto the soccer field parking lot on Vail Valley Drive; 6) The Management Plan amendments adopted by the Council in 2012 altered the policy direction for development in Ford Park from what had been established in 1997; 7) Policy direction established by the town allows "administrative offices" and "education centers" in Ford Park, subject to review, and a finding of compliance with the planning documents; 8) The 2012 Ford Park Management Plan Amendment established illustrative plans and descriptive narrative for "appropriate improvements and activities in the park;" 9) The illustrative plans and descriptive narrative speaks generally, and specifically, to the development of an education center and amphitheater improvements, among numerous other physical improvements throughout the park; and 10) Those development applications for physical improvements which most closely adhere to the implementation strategies prescribed in the Management Plan Amendment have the greatest likelihood of being approved. Daly clarified the process which is to discuss the Master Plan only and not specific projects. This applies to both the Council and the public. He also stated in the 1997 Management Plan there was contained adequate guidance for future decisions with no additional significant user groups or uses. However, some potential conflicts were not resolved at that time, with disputes being handled by the Office of the Town Manager. It was clear that no event or program could dominate the park. Donovan asked why the 2012 Amendments were applied to the 1997 Management Plan vs. the 1985 Master Plan, and shouldn't the amendments have applied to the Master Plan instead. When she asked who made the amendment application, the response was the four stakeholders: Vail Valley Foundation (VVF), Vail Recreation District (VRD), Betty Ford Alpine Gardens (BFAG) and the Town of Vail (TOV). Town Council Meeting Minutes of March 19, 2013 Page 2 While this may be, Rogers stated, there were several open public meetings at Manor Vail. Ruther responded that there were also public Council meetings, open houses and Planning and Environmental Commission (PEC) meetings where several versions were reviewed. He also said a significant part of the management plan was not changed in any way. Daly noted there had never been an update on the noise issues at the Amphitheater, as promised, and this resolution was missing from the 2012 Amendment. Foley stated at the January 15 Council meeting, there should have been more history shared from the1996 -97 process. Tjossem questioned whether the changes made in Resolution 17, 2012, had made permanent changes or was the Council still in the thought phase. She said there was specific language in conflict with the amended plan (Memo page 6). Tjossem says a lot of people felt this was under the radar and did not resonate to the surface. This was seen as a placeholder and not a given. Rogers said the BFAG Education Center was moved; however, objectives and policies were still in place. Tjossem noted Council was not as educated about the verbiage in the '85 and '97 plans. Rogers pointed out in April of 2012, Donovan had openly stated, "We have given ourselves permission to use the term placeholder." Donovan commented this community was pretty savvy but the changes to the park did not cant' the gravitas and did not evoke the weighty changes, a gross error. She said the Management Plan is more an addendum to the original Master Plan so the Amendment in 2012 was adopted in error. Kurz weighed in saying the Council should stay the course and move forward with the language and intent or the 2012 Amendment. Tjossem and Moffet both noted they had been mistaken in voting in favor of the amendment. At this point, Daly opened comment to the public, again reminding everyone comments were to pertain only to the Master Plan and not to any specific projects. Those in favor of leaving the 2012 Amendment in place were: Jack Hunn, on behalf of the Ford Park stakeholders; Harry Frampton, who noted "everyone" owns Ford Park, the WF had fund - raised $4M for both Phase I and II, which would put that money in jeopardy and Vail must remain competitive; Nicola Ripley, Executive Director with BFAG, asked Council not to withdraw its support and to continue with the amended plan; Mike Charles, Vail resident, who asked not to lose sight of "ends to the means" and to stay with the plan; Bob Fritch, treasurer of BFAG, who stated in good faith the Gardens moved forward with planning and withdrawing support would leave BFAG in a very bad position; Sheika Gramshammer, who claimed she was a part of the old guard but said now is the time to proceed; June Vanorek, BFAG board member, asked Council not to go back on their word and to please approve what's in the best interest of the town; Jackie Benson, Advisory Board for BFAG, was totally shocked to hear the Council might withdraw support after they'd done so much to move forward; Gwen Scalpello, BFAG board, stated the Amendment in 2012 was consistent with past master and management plans and the town was surrounded by open space; Susan Schwimm, who works for the Gardens, said this would be a great amenity for residents and tourists so to move forward with the plan as amended; Liz Paxon, President of the BFAG, stated the building was consistent with the Master Plan and to not withdraw support; Liz Campbell, Development Director with BFAG, asked to support the Master Plan and not to fall short; Susan Milhoan, a fundraiser who had been working with El Pomar, the Gates and Daniels Foundations, said she couldn't believe approval could be redacted; and Ceil Folz, President of the WF, stated there would have to be Town Council Meeting Minutes of March 19, 2013 Page 3 a reconsideration of the consequences this action would trigger re: their fund raising plus working out a new concept would cause a delay of at least two years. Those in favor of Council's withdrawing their support included: Jonathan Staufer, resident and business owner, who thanked Council for revisiting the topic, which he felt was a mark of good government. He felt the citizens did not have all the facts and with all due respect to both the Gardens and the Foundation, certain things don't belong in the park; Joe Staufer, resident and former Councilmember, reminded Council that if the City of New York had said "yes" to all of its development proposals for Central Park, it would've been built over 2 -1/2 times by now and that the Master Plan needed to be re- examined; Billy Suarez, local resident and business owner, stated Council should look into new information and not be afraid to consider all of the information available; Tom Steinberg, resident and former Councilmember, stated as a 47 year resident of Vail he encouraged throwing out the Management Plan and starting over, doing a 2013 Master Plan — the park has been abused in the past and this cannot happen in the future; Dick Cleveland, resident and former Mayor, thanked Council for reconsidering the Master Plan and asked Council to limit further development and leave the park viability as it exists today; Bob Armour, resident and former Mayor, agreed that Cleveland's comments were spot on and Council should re -visit the'97 plan; Hermann Staufer, resident and former Councilmember, said to re -look, re -think and re -do the Master Plan; Galen Aasland, local resident, asked to reconsider the plan since there isn't a lot of green left in the town any longer; and Kaye Ferry, resident, said if Council didn't look at the Master Plan again, it would be death from a thousand cuts. Foley questioned whether the Phase I improvements were fully funded and was told yes — and that Phase II still required approvals from both the Design Review Board (DRB) and the PEC, after which Council could call up either board's decision. Tjossem said approvals were given only for Phase I improvements. Further, she stated everyone is using "permission to proceed through the process" as an explicit approval. That is not correct. Council had only agreed to let the applicant proceed through the process. Council did not give its stamp of approval so this is a cart before the horse situation. The word permission is misconstrued. Rogers stated this is a perfect analogy for the Ever Vail process, where this is but one of the things we wanted to see in the park and showed it on the map. Tjossem said the placeholder is merely a concept, which is the basis of why we're all here tonight. Mixed signals have been given and there are multiple impressions of what's been approved. Kurz said he did not base his support of moving forward on the Foundation's potential financial trouble if this is stalled or honoring the Ford family. He said it's the right decision and the community will gain from it. It's the right thing to do at the right time. Donovan moved to withdraw the owner's consent to proceed through the process, with a second from Foley (for discussion purposes). Moffet noted the Master Plan is not known or understood in the community. And while this would appear to be somewhat unprofessional government, he is leaning toward not supporting the consent to proceed. Daly said the site plan depicting improvements is conceptual and not a commitment; however, Council gave permission to go through the process and should honor that commitment. A vote was taken and the motion passed 4 -3, Daly, Kurz and Rogers opposed. Town Council Meeting Minutes of March 19, 2013 Page 4 Daly clarified next steps to re- examine the master plan and management plan and to immediately withdraw all aspects of Phase II. This will be scheduled for the next regular meeting on April 2 and will include discussion of both the management and master plans. He said it is apparent Council is opting for Option 2. A 5 minute recess was taken. The fifth item on the agenda was Vail Golf and Nordic Clubhouse Project Update. Ruther introduced the item, stating the Council was being requested to make decisions on three revisions to the plan based on input from the PEC: 1) A reduction in capacity of the banquet room from 200 to 160 people; 2) A prohibition against parking on Sunburst Drive; and 3) A requirement to implement a valet parking program to meet the parking needs of the club house and to ensure no parking occurs on Sunburst Drive. Tom Braun of Braun Associates and Dan Guimond of Economic and Planning Systems (EPS) were then introduced to present their findings. Braun noted the Update would address the renovation of the property and the banquet facility; would evaluate utilization from both a public and private service provider's view; would look at both costs and projected revenues; and would look at the economic impact to the valley. The evolution of the project has included an approach to re- zoning; expanded parking lot; tents; parking lot entry; landscaping; noise and outdoor amplification of sound and use of outdoor spaces; operations and management plan; bike lane signage along Sunburst Drive; and use of the 18th green. Guimond then presented the Vail Golf Club Banquet Room use Analysis. EPS looked at a scope of work including existing Vail Golf course facilities and utilization; competitive facilities; utilization forecasts; and economic impacts. Major findings concluded the renovation would improve the golf course operations by having a separate bar and grille and a dedicated banquet room that could capture up to 50 weddings per year. The Clubhouse is a highly desired location and setting and most weddings would be about 130 guests, with June to September weekend nights in peak season. This facility could also attract limited corporate and community use, with perhaps corporate off -site dinners totaling 5 and 15 community use events annually. He produced a valley wide market analysis noting the valley hosts approximately 600 weddings a year, split between the Donovan Pavilion, the Eagle Vail Pavilion and select resort hotels. Tjossem noted that most weddings were held in the evening and would not compete with the day time activities, e.g., golf and Nordic progress. Major findings under the economic and financial analysis resulted in the Vail Golf Course generating a net profit of $51,000 based on room rental only. By providing beverage service, this could increase revenues to $130,000 annually. Total wedding spending would equal about $5M a year; sales tax revenues would be in the $137,000 to $150,000 per year arena; and lodging tax revenues are estimated at $124,000 to $137,000. Guimond noted these numbers were achievable with professional marketing and as long as the space was made available. Town Council Meeting Minutes of March 19, 2013 Page 5 Dale Bugby, Vail property manager, reviewed language from the Pulis Ranch Deed Restriction as it relates to the golf course: "To be used in perpetuity for a public golf course or open space or park for benefit of the public and only such other related support facilities required for those purposes. This covenant shall run with the land and shall be binding upon and inure to the benefit of Grantee and Grantor, their successors and assigns. He also expressed concern about outdoor amplified music; no sharing of valet parking; and that there be no special event patio or lawn events. Attorney Chris Toll, who represents 8 homeowners on Sunburst Drive, was concerned with operations policies that can change over time. He stated a design plan is needed. Vail resident Kaye Ferry noted the banquet layout showed 168 seats, rather than the 160 called for, as a revision. Moffet moved, with a second from Kurz, to approve the 3 revisions as proposed. A vote was taken and the motion passed unanimously, 7 -0. The sixth item on the agenda was to appoint three members to the Art in Public Places (AIPP); one member and two alternates to the Building and Fire Codes Appeal Boards (B &FCAB); two members to the Design Review Board (DRB); and three members to the Planning and Environmental Commission (PEC). Although there were three vacancies for the Art in Public Places Board, just one candidate, Jennifer Mason, applied. She was unanimously approved for another two year term and the remaining two vacancies will be re- advertised. Kathy Langenwalter was reappointed to the Building and Fire Code Advisory Board, with Mark Donaldson and Mark Hallenbeck being appointed as alternates for 5 year terms. Brian Gillette and Tom DuBois were reappointed to the Design Review Board for another two year term each. And Michael Kurz, Luke Cartin and Pamela Hopkins were reappointed to two year terms for the Planning and Environmental Commission. The seventh item on the agenda was first reading of Ordinance No. 6, Series of 2013 supplementing the 2013 budget. Mayor Daly read the title in full. Kathleen Halloran, Manager of Budgets and Financial Reporting, stated there was nothing new, with the exception to some increases to projects in the capital fund. Tjossem noted the second hour of the Vail's 5V, film would fully document Vail's first 50 years and recommended a general fund allocation of $50,000 to Roger Cotton Brown to successfully complete this project. Greg Hall, Public Works Director, stated the Bighorn Creek culvert was actually a joint project with Eagle River Water and Sanitation District and would be a net zero cost to the town. It was explained that the $40,000 laserfische upgrade would compliment the finance system. Stan Zemler, Town Manager, noted the $630,000 Safeway parking upgrades project and contribution from Vail Resorts, Inc., would have an answer by second reading of the ordinance. It was clarified the sidewalk would be on the south side of the vehicles parallel to them. A question as to whether parking meters could be installed was answered by Hall stating the Federal Highway Administration was studying this request. In response to funding an additional $190,000 for the Main Vail Fire Station EHU's completion was met with a request to have the Fire Department provide a further explanation at the second Town Council Meeting Minutes of March 19, 2013 Page 6 reading April 2. Another question arose about the RETT expense of diverting $360,000 formerly to be used for bike paths to the stream walk behind Apollo Park and the Wren. Todd Oppenheimer, project manager, explained this would lessen the grade from 17% to 6.3 %, and would consist of new construction, rebuilding more than half of the stream walk, placing boulder walls and resurfacing. Oppenheimer was also asked to return to Council on April 2 with a more thorough explanation of the work. Judy Camp, Finance Director, clarified it had been normal practice to have an average of three supplemental appropriation ordinances per year. Zemler noted the savings in overall operations helped to fund special events from the general fund. Moffet moved to approve Ordinance 6 on first reading, with a second from Donovan. A voted was taken and the motion passed unanimously, 7 -0. The eighth item on the agenda was a request to table the first reading of Ordinance No. 21, Series of 2012, an Ordinance for prescribed regulation amendments, pursuant to Section 12 -3- 7, Amendment, Vail Town Code, to allow for amendments to Section 12 -8B -7, Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12 -2 -2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. Mayor Daly read the title in full. Because the applicant was requesting a tabling to May 7, Moffet moved, with a second from Donovan, to do so. A vote was taken and the motion passed unanimously, 7 -0. The ninth item on the agenda was a request to table the first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12 -3- 7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive /Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. Mayor Daly read the title in full. Again, because the applicant was requesting a tabling to May 7, Moffet moved, with a second from Donovan, to do so. A vote was taken and the motion passed unanimously, 7 -0. The tenth item on the agenda was Adjournment. There being no further business, Donovan moved, with a second from Foley, to adjourn the meeting at 9:10 p.m. A vote was taken and the motion passed unanimously, 7 -0. Attest: Pam Brandmeyer, Assistant To4 Manager Res y Submitted, Andrew P. D , Mayor Town Council Meeting Minutes of March 19, 2013 •' O Page 7 Vail Town Council Meeting Minutes Tuesday, April 2, 2013 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 Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro -tem Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Mayor Daly noted that any attendees who were planning to speak at the upcoming pubic hearing on Ford Park should understand that only comments relating to the Master Plan would be heard and no comments would be heard regarding specific projects in the park. With that stated, Randy Milhoan, Minturn resident and long -time valley resident, spoke historically about the evolution of cultural events and the purchase of the Antholtz property, which subsequently became Ford Park. The Mayor ultimately asked Milhoan to step down until the Ford Park discussion was called. The second item on the agenda was the Consent Agenda. a. Ludi Kurz moved, with a second from Greg Moffet, to approve the March 5 minutes with no corrections. A vote was taken and the motion passed unanimously, 7 -0. b. Moffet then moved, with a second from Donovan, to approve the March 19 minutes. Daly asked to have minor corrections to paragraph 1 (addition of his name). A vote was taken and the minutes were approved unanimously, 7 -0. C. Mayor Daly read Proclamation #2, Series of 2013, in full relating to the Mayors Day of Recognition for National Service. Donovan moved to approve, with a second from Moffet. A vote was taken and the motion passed unanimously, 7 -0. d. Mayor Daly then read Proclamation #3, Series of 2013, in full relating to Colorado Architecture Month. Kurz moved, with a second from Moffet, to approve the resolution. A vote was taken and the motion passed unanimously, 7 -0. The third item on the agenda was the Town Manager Report. Stan Zemler, Town Manager, reported the tree growth maintenance process for the area near the Covered Bridge is being submitted to the Design Review Board (DRB), saying Council had given staff the ability to manage the trees. Margaret Rogers said a problem with this is that Council doesn't get to see the proposed solution. She recognizes that Council can call it up, but that's after the fact. George Ruther, Community Development Director, said previously an amendment to the view corridor ordinance had been Town Council Meeting Minutes of April 2, 2013 Page 1 passed by Council to allow for general maintenance. Ruther indicated he would prepare a memo for the April 16 meeting to clarify what's being proposed. The fourth item on the agenda was a public hearing to discuss master planning for Gerald R. Ford Park. Ruther introduced the topic stating Council should have the red -lined version of Resolution 17, Series of 2012, adopting the amendments to the Ford Park Management Plan (1997) and which show what was retained and what was removed. Ruther said these amendments reflected updated new ideas following the passage of the Conference Center Funds and the uses that were outlined in that ballot question, thus affecting Ford Park. He noted there were several questions to be answered by Council centering on the original policy direction provided in the 1985 Ford Park Master Plan: the relationship between the 1985 Ford Park Master Plan, 1997 Ford Park Management Plan and the 2012 Ford Park Management Plan Amendments; what is similar and how do they differ; did the 2012 Ford Park Management Plan Amendment alter the policy direction in the two previous plans; and, the fundamental point, should the 1985 Ford Park Master Plan be amended to include, all or parts of the 2012 Ford Park Management Plan Amendments. And if so, which parts should be included and how should the amendments be implemented in the future. These critical issues needed to be understood. Ruther then went on to clarify the chronology and history of the planning documents for the park, in which the planning issues were outlined. In the 1985 Ford Park Master Plan, key policy direction centered around the following: Ford Park is to meet the recreational needs of the community, thus a community park; care is to be taken to conserve and enhance natural areas; active recreational elements are to be consolidated and located away from the meadow and creek areas, the sensitive riparian areas; the park will be protected from over development; high use facilities will be located away from more passive uses; structures will be stepped into the existing topography; parking areas will be located adjacent to the Frontage Road and away from areas with children; berms and landscape buffers will separate uses; and the plan provides the guidelines for which future development will be evaluated. These policies identify and acknowledge intended uses on the upper and lower benches of the park. Ruther stated the 1997 Ford Park Management plan was more about operations and management, although it supported the policies of the 1985 plan document. In this document, there were six major goals: preservation and protection; reduction of vehicular intrusions; reduction of conflicts between venues; resolution of parking and Frontage Road access problems; improvement of pedestrian circulation; and delineation of financial responsibilities. Donovan asked if these were considered over - arching goals. Ruther clarified these further addressed issues around operations and planning, with the concerns for the park beginning to be understood. The six goals remain highly relevant. Daly stated the only way he could rationalize the two plans was that the '97 plan goals got more specific and the scheduling and planning for the park appears to be successful. Daly questioned the difference between "allowed" uses vs. "prohibited" uses. Rogers stated some administrative office support was essential to the operation of the various users and should be allowed only to the extent they are ancillary to cultural and educational endeavors and should not exceed 20 %. Daly agreed offices should only support uses actually happening in the park, things that occur in the park. He then asked about the Vail Recreation District (VRD) tennis center and how much actual space went to offices. That was confirmed at almost 100 %. Discussion ensued bout whether the use was operational or ancillary is the appropriate definer of office space. Daly suggested VRD's use of the tennis center be grandfathered for three year to allow the district to find new office space in order to stay consistent with the concept and plan. He also asked whether Council should be addressing uses that are year'round or seasonal. Rogers stated the '85 plan contemplates winter use, while Donovan felt these were already eliminated Town Council Meeting Minutes of April 2, 2013 Page 2 In regard to year'round use, Ruther asked what it is about year'round use Council wants to understand. What are the impacts? Ruther said it was the Planning and Environmental Commission's (PEC) role to evaluate those impacts. Daly questioned the impact of more and frequent delivery trucks adding to the traffic on the lower bench, especially as an organization's main headquarters were now located there. Foley noted ADA access would be tough to control. Moffet agreed with Daly's comment, stating the building would be a long way from the street so traffic was inevitable. Rogers suggested the storage areas on the west end of the upper bench could be used for receiving and shipping goods. Tjossem agreed a centralized delivery area made sense. Kurz felt the 20% for offices was a little excessive and that staff should look into it. He emphasized the '97 plan spoke to reducing conflicts between users, having a low profile and the use of natural materials. He also stated the social plaza educational center and enlarged restrooms appeared to fit into the 2012 amended plan, since it shows new structures. Donovan said the '97 plan was the result of a broad public process, in which it was determined the Alpine Gardens Educational Center was approved for the soccer field parking lot, and not in the lower bench. It was clarified the Phase I projects included new buildings, adding restrooms on the east and west end of the softball fields, a concession stand, relocation or the bus shelter and a new trash shelter. Tjossem said a case could be made for the educational center on the upper bench. Kurz noted the incremental cost of providing structured parking at the soccer field parking lot put the kibosh on the Garden's educational center at the soccer field parking lot. He feels the best place for the educational center is the lower bench because of proximity, although he could be easily convinced for another location. Foley agreed and said he would listen to a case for the upper bench, as would Tjossem. Rogers said cultural and educational activities already occur on the lower bench; however, the upper bench is also close to the gardens entrance and they were going to fix up that north entrance anyway. It would be a great location. Moffet felt much more comfortable sticking with the '85 plan and was much more amenable to the upper bench. Daly summarized that the majority belief of Council was no additional structures should be on the lower bench and the lower bench should be preserved for natural uses. Rogers asked where the actual demarcation between the upper and lower bench was. Moffet replied the new retaining wall at the ball fields was appropriate since it defines the topography. Everything north of that wall is the upper bench. Daly questioned how the town would deal with antiquated facilities, such as the restrooms, and how we could modernize facilities within a certain foot print, such as the social courtyard. How would remodels and modest increases be handled. Donovan stated there should be no new structures or buildings on the lower bench, since this would just open the door to creep. There should be no expanding of the footprint. Rogers stated it was never said that the lower bench was to be a conservation area. Foley said to fix them up but not to expand. The town needs adequate facilities. He also noted new restrooms were underway for the softball fields at both ends, east and west. Moffet said hard limits were needed. Rogers questioned what, then, could be done with the Art Shack. Could a new building be put on an old foundation? She did not want to preclude improvements to the park. Foley, Tjossem, Moffet and Donovan agreed there should be no new buildings, along with Kurz, although he didn't agree entirely with Donovan. Zemler noted a social courtyard already exists at the Amphitheater and the Ford Family Tribute has been moved to this location. Town Council Meeting Minutes of April 2, 2013 Page 3 Rogers asked if they were starting from scratch and if they were planning this park in the abstract. Foley replied that, yes, we're coming up with a new document. Moffet said Council couldn't do a master plan update based on a development application. He also noted the Phase I improvements were consistent with the '97 plan and the 2012 amendments. Daly asked about ownership of the structures in the park, recognizing if the structures were not maintained to the town's standards, they should revert to the town. Tjossem agreed these structures have long term implications and that the town is ultimately responsible for them. Rogers asked if the town really wanted to own everything in the park, and thus assume responsibility for them. Ruther pointed out Goal # 6 outlines the roles, responsibilities and obligations of all the park users. Tjossem said the improvements need to look and feel like they meet Vail standards. Daly stated an effective ground lease with a reversion clause was needed to insure this. A request was made for an update on the temporary structures in the park supporting concerts, social events and galas. Donovan said she did not believe the Commons Area green space on the lower bench should be treated as a wedding venue and should not be an available venue. She added International Dance and Bravo! were OK on a limited basis but there should overall be less temporary use. Anything that takes up that green space for an extended time should not be allowed. Ruther suggested Gold # 3 that deals with conflicts could have more language added on frequency. Ruther also noted the staff memo, page 8, talked about the '85 plan and its defining of bulk, mass and scale. Expanded uses were covered in the '97 plan after the completion of the pedestrian path from the ball fields to the Village Parking Structure. And parking improvements to the Frontage Road have been made so there is no actual net loss of parking. Zemler questioned what we tell the Phase II applicants. What is the process at this point, while not presuming any outcomes. Kurz urged Council to respect the '85 and '97 documents that have done the town well and to recognize these are 28 and 16 years old, respectively. The town has to look to the future so that 50 years from now, we can be just as proud. Public Comment was opened with Tom Steinberg, former Councilmember, stating past abuse at Ford Park has not been rectified, resulting in much more shallow streamflow. The stream bank needs to be returned to its original state. He urged Council not to overuse the park with buildings, amphitheaters, bridges and schools but to return the park to open space and recreation. He said Ford Park was originally bought with RETT dollars, so to honor the intent of RETT. Bob Armour, former mayor, stated there was a reason we did a management plan and not a master plan back in '97 and noted there was already enough administrative staff in the park. Nicola Ripley, Director for the Gardens, said the Gardens remain flexible and are perfectly comfortable waiting for direction from Council. Diana Donovan, former Councilmember, noted there was no language that supports arts and cultural activities on the lower bench, and Council should return to more riparian concerns, more natural and recreational uses. She also questioned what public process had occurred and that as a citizen of Vail; it was hard to get educated when there was no give and take with the public. Also noting a small and select group of users put the amendments forward, it was not the same process as being at a round table. Donovan stated residents are not polarized on this but there is just a huge amount Town Council Meeting Minutes of April 2, 2013 Page 4 of misunderstanding. She asked to share her red -lined copy of the documents and was assured Zemler and Ruther would sit down with her. Galen Aasland, local architect, noted one of the stakeholders, the public, was not at the table. He is glad there will be no further development on the lower bench. He said a 3,000 SF building was too much, especially when you consider how much surrounding space goes to ground improvements and the adjacent area. Joe Staufer, former Councilmember, was concerned that the Phase II plans primarily called for restrictive private structures and that the social plaza should be off limits for further construction. Jack Hunn, representing the Vail Valley Foundation for over 2 years, said shared visions for the entire park were included in the 2012 amendments and reflected these pursued concepts. The improvements to Ford Park had always been treated as one project, to be implemented in two phases. A lot had gone on since the amendments were approved a year ago. He recognized the town owns the park and said the Foundation would continue to be a good partner. Future language should not preclude good ideas into the future. Daly asked whether a small citizen committee should be put together, to which Rogers responded the talking had already been going on for the last two years. They were not starting from scratch but were correcting a process that was flawed. Donovan said the Master Plan deserves a public debate, although agreed we're not starting over. Zemler said clear guidance was needed. A draft master plan would be provided and it would be Council's job to establish policy. Randy Milhoan returned to the podium and underscored it was very important to listen to what Jack Hunn had said. In researching The Vail Trail form 1971 to 1973, he said the progress was miraculous, but this occurred not by over - regulating but by trusting each other. He asked not to straightjacket the future. Jim Lamont, representing the Vail Homeowner's Association, thanked the Council for taking this much care of a public property and for their ability to step back. He suggested taking a re -look at the original Vail Plan because every Council has dealt with Ford Park. He asked to make changes in a very circumspect way and from an historical perspective. He said a definition of what these quasi - public buildings will be should be added. He suggested adding a visitor center on the upper bench that could contain the educational center and a public parking structure to shield the sound from the Interstate. Tom Steinberg again approached the podium to state Bravo! does not receive money from the Amphitheater, which he knows from sitting on the Bravo! board for 23 years. He urged Council to say no to an additional sculpture garden and to leave this as recreational and open space. There being no further public comment, Council requested staff bring back a merged 1985 Ford Park Master Plan with the 2012 Ford Park Management Plan Amendments, the latter of which already contains the 1997 Ford Park Management Plan. A five minute recess was called. The fifth item on the agenda was to appoint one member to the Vail Local Marketing District Advisory Council. A motion was made by Kurz, with a second from Tjossem, to appoint Michael Town Council Meeting Minutes of April 2, 2013 Page 5 Holton to fill an unexpired term ending on December 31, 2013. A vote was taken and the motion passed unanimously, 7 -0. The sixth item on the agenda was the 2012 Year -end Investment Report. Finance Director Judy Camp stated the 2012 Year -End Investment Report was based on three over - arching policies: safety, liquidity and yield. Treasury yields remain low, although the town has out - performed its benchmarks, at almost 1 -1/2 % higher. Staff has changed the mix of investments and has used low - yielding funds to pay off external debt on Timber Ridge. The seventh item on the agenda was the second reading of Ordinance No. 6, Series of 2013 supplementing the 2013 budget. Kathleen Halloran, Manager of Budgets and Financial Reporting, gave a brief overview with questions followed by Council. Donovan was concerned with a picnic table location as a part of the streamwalk improvements. Todd Oppenheimer, Public Works Capital Projects, stated there would be a 270 foot low boulder wall, built within 3 -4 segments and with a maximum height of 5 feet that would realign a section of the path. This $360,000 project was endorsed by Council with the condition that the route to the creek is obliterated, creating a buffer to preserve the riparian area. Daly also noted the path looks very straight so to add some interest and use a little creative license. Oppenheimer confirmed the path would have a natural service. Daly questioned moving forward with the North Frontage Road improvements in front of Safeway, but was reminded that a vote had previously been taken and the outcome was 5 -1 to move forward. Rogers moved to approve, with a second from Foley. A vote was taken and the motion passed unanimously, 7 -0. The eighth item on the agenda was Adjournment. There being no further business, Moffet moved to adjourn, with a second from Foley. A vote was taken and the motion passed unanimously, 7 -0, to adjourn at 9:45 p.m. Respectfully Submitted, Attest: Andrew P. Daly, M r 0 IF <RA�A- N:4!-4�4Ar Pam Brandmeyer, Assistant Town nager ' L ' EA •s Town Council Meeting Minutes of April 2, 2013 Page 6 Vail Town Council Meeting Minutes Tuesday, April 16, 2013 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 Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Members absent: Ludwig Kurz Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Mike Cacioppo criticized the policy of allowing no public comment during the work session and voiced his concern about banning plastic bags. He said that was a First Amendment violation. The second item on the agenda was the Consent Agenda. a. Resolution No. 8, Series of 2013, VLMD Supplement. Moffet moved, with a second from Tjossem, to approve this supplemental appropriation. Donovan noted she would be voting against the measure because it had still not been determined how long term the town was going to pay for ongoing special events. A vote was taken and the motion passed 5-1 (Donovan opposed). b. 2013 Overlay Project Award. Moffet moved, with a second from Rogers, to approve the motion. A vote was taken and the motion passed unanimously, 6 -0. C. South Frontage Road Bike Lane Improvement Project Award. Moffet moved, with a second from Rogers, to approve the award. Moffet also noted Council needed to have a global conversation about projects of this nature. A vote was taken and the motion passed unanimously, 6 -0. d. Proclamation No. 4, Series of 2013, National Library Week. Mayor Daly read the proclamation in full. Moffet moved, with a second from Donovan, to approve the proclamation. A vote was taken and the motion passed unanimously, 6 -0. Town Librarian Lori Barnes thanked the Council and invited them to upcoming events. e. Proclamation No. 5, Series of 2013, National Building Safety Month. Mayor Daly read the proclamation in full. Donovan moved, with a second from Foley, to approve the proclamation. A vote was taken and the motion passed unanimously, 6 -0. Chief Building Official Martin Haeberle invited Council to join him and other staff at the next morning's spring construction kick off. The third item on the agenda was the Town Manager Report. Town Manager Stan Zemler reported Vail Resorts would be re- opening the front side of the mountain this coming Friday, Saturday and Sunday. Parking will be free and the town will be providing spring bus service with some enhancements. Town Council Meeting Minutes of April 16, 2013 Page 1 The fourth item on the agenda was Council appointments to the Art in Public Places (AIPP) board. Moffet moved, with a second from Rogers, to appoint Dana Patterson and Wendy St. Charles to two - year terms on the Art in Public Places Board. A vote was taken and the motion passed unanimously, 6 -0. The fifth item on the agenda was to a public hearing to discuss the proposed 2013 Gerald R. Ford Park Master Plan. Community Development Director George Ruther introduced the topic, noting clarification was needed on how to proceed with the 2013 Gerald R. Ford Park Master Plan. He said the previous three plans were all relevant and pertinent and the 2013 plan will be a compilation of the three documents containing the good information already contained in those plans. He also said as Council looked at the discussion goals, Items 3 through 6 will set the policy goals, while 1 and 2 will define how those policies get implemented. The first item to be discussed was found on page three of the memo stating a summary of previous comments and direction. Statement number one in this section removed wording that did not reflect the ballot question for the use of conference center funds. Thus, the following was removed, "the Alpine gardens, park -wide pedestrian flow, as well as." Regarding number two, Ruther stated in '97, a lot of the discussion centered around the four user groups; thus, action statements institutionalized lessening or preventing the previous conflicts between users. He notes setting subareas might further address these (Policy Statements one and two). The subareas would correspond to the lease areas. When asked if user groups could exchange land sites, Ruther stated there would have to be a compelling public purpose. Rogers expressed concern about language that would in effect limit upgrades to existing facilities. Tjossem suggested a qualifier for "new, changed or expanded facilities or uses will not be permitted" to include maintenance, thus assuring this type of improvement can occur. Ruther said he would study that further to insure it could happen in a proponent's leased area. Discussion for number three, listing the Phase I improvements, was discussed and approved, with the addition of "east" to the enhanced Betty Ford Way improvements, as well as the restrooms and concessions buildings. As a policy, no new structures are to be located on the lower bench. Additionally, the Council asked that in implementing this policy direction, only those structures and improvements already approved and currently under construction in Phase I be allowed. Council also agreed that those structures or improvements proposed for Phase II not be included in the planning at this time. Discussion as to the definition for the Upper and Lower Benches was illustrated through a draft plan map delineating the boundary between the two. Much of it follows the topography of the park, which creates a strong edge and boundary. Identifying subareas could include both the Upper and Lower benches. The berms and landscaped buffers currently, and into the future, further define what can happen in those established use areas, adding more specificity. He also noted it would be possible to create a preservation and protection zone, as noted in the '97 plan. This would come with a written description of the area and what things could occur at this site. It could have meets and bounds descriptions. Rogers had questions regarding the soccer field (athletic field to the north of Vail Valley Drive). Ruther also noted there should be space for passive recreation and for the Gore Creek corridor, both of which will never have anything on them. He said we want to make sure we haven't created missed opportunities and Council may want to focus on specific recommendations and respect that Town Council Meeting Minutes of April 16, 2013 Page 2 line. Moffet urged concentrating on the prohibited, permitted and conditional uses allowed in each subarea as the definers on use. Ruther then went to the Draft Outline for the 2013 Ford Park Master Plan. He detailed the Introduction; Site Assessment/Existing Conditions; Previous Planning Efforts /Community Involvement; Goals /Objectives /Policies and Action Steps (to which Rogers wished to add cultural to Item A, further defining what the park "was" and what it "became." Ruther noted the original six Goal Statements from the '97 plan would be a good starting point for this section of the plan); Ford Park Sub - Areas, which will include what is to occur, and when asked by Donovan if one plan would actually trump another, Ruther responded that should not happen - we have to have consistency in the messaging; Illustrative Plan, with graphic depictions; Design Criteria, concentrating on uses, compatibility, screening, etc.; Park Management; and the Appendix. Ruther said the Master Plan is intended to be a decision making guide. It's high level and conceptual. Ruther then asked Council to return to the Discussion Goals, starting with number three asking the question if Council was in agreement with the location of the boundary line and the concept of subareas within the park. There was agreement. Number four was a question of whether there was general agreement with the direction presently recommended for the format and contents of the new master plan, and there was. Number five spoke to an effort to protect and preserve Ford park from unlimited future development. The 1997 Ford Park Management Plan identified an action step to redefine allowable uses in the park; however, an ordinance was never brought forward. Questions arose as to the Allowed Uses, in particular, administrative offices. Ruther stated it was appropriate to support the uses on the site. In 1998, a conditional use permit was approved to allow offices at the tennis center site. Daly questioned whether it was appropriate for the Vail Recreation District's (VRD) administrative offices to be primarily located at the tennis center. Rogers said public art should be included as an Allowed Use to recognize current practice. Under Prohibited Uses, a clarification of "exchange or trade" related to land transactions. It was further explained the inclusion of Type III and IV employee housing was listed under Prohibited Uses only because it is allowable in the General Use Zone District, which Ford Park is. Under Item six, it was agreed to leave in "staff offices for on -site park activities are an allowed use." Further discussion centered around setting a maximum gross square foot area of 15% for offices. Tjossem felt this was a limiting factor. Ruther explained it was a quantitative standard. It was decided not to use the percentage. Ruther then brought the discussion back to the original first two goals for the evening. Moffet said he was comfortable with the defined uses in the subareas. Daly stated they should identify a potential use and find a site for it. Tjossem queried whether the town would be required to provide access to any area of the park. Foley suggested Council let Ruther do his homework and then come back to them. Donovan agreed. Rogers said she wanted to see both the social courtyard at the Amphitheater and the Betty Ford Alpine Garden Education Center included in the plan because they were both appropriate. Daly said this was a master plan and it was up to the applicant to prove suitability. He agreed with Moffet. Donovan stated an applicant would need to meet most of the goals of the plan. Discussion then moved to the second goal, focusing on the Phase II improvements and whether any of them should be included in the 2013 Master Plan. Moffet said yes; however, this does not imply approval. Donovan stated it would be irresponsible to proceed and that Council should not include them until the Planning and Environmental Commission (PEC) and public had vetted them. Town Council Meeting Minutes of April 16, 2013 Page 3 Rogers disagreed saying the Master Plan should address the site as it currently is. Foley said if they meet all the criteria, they could be included, to which Tjossem added if they meet all the goal statements, this will wash out, too. Donovan asked that Council be more willing to listen to the public prior to making all the decisions. Public Comments were requested. Nicola Ripley, Director of the Gardens, said confining a user group to a subarea would be very restrictive. She also stated the Betty Ford Alpine Gardens (BFAG) was a small organization and that this was becoming very taxing financially and resource -wise. Moffet responded the plan would define what is and what is not permitted. Ripley said they couldn't keep coming back to the Council and needed clarity. Joe Staufer, resident and former Councilmember, said there should be no additional buildings. When the Gore Creek Historical Society moved the school house, it was to be used for educational purposes. He suggested if VRD moved its operations to the new clubhouse, the tennis center could be used for BFAG uses. Gwen Scalpello, BFAG board member, felt the Master Plan still needed a lot of work and noted even doubling the lower bench restrooms would impinge on recreational open space. She urged Council to leave room for improvements and to continue the streamwalk. Lease boundaries should be left behind and the Council needed to address art. She further stated the school house gift shop also operates as a museum, providing history of the school house and the area, and it informally serves as a welcome center. Liz Campbell, Development Director for BFAG, asked how long this would this go on. Daly responded the Council would next hear the matter on May 7, PEC on May 13 and then the Master Plan would return to the Council for review on May 21. Jim Lamont, Vail Homeowner's Association, said the Appendix to the document should include the 1974 Vail Plan. He also reminded Council of Dr. Tom Steinberg's comments and concerns about the damage to the stream tract and the Nature Center site. He said the soccer field parking lot had protective covenants that must be honored. Also, the original intent for the school house was historical in nature. It should have on -going town funding since the town put it in the park. There being no further public comment, the item was closed and Ruther was thanked for the time and effort he has put into the process. The sixth item on the agenda was the Lionshead Park Contract Award. Gregg Barrie, landscape architect for the town, asked Council to award contracts to four separate contractors, including site work, art and play elements and a water feature. He stated this would provide a wonderful recreation amenity to Lionshead and would be used by both Lionshead guests and residents. He said the project was within budget. An additional $60,000 from Lionshead streetscape funds for additional improvements would be added to compliment the new park. These dollars were savings from previous projects; thus, a supplemental appropriation was not needed. Pending approval this evening, he said they would be going gangbusters until June 27. The playground components would then be set in the fall. Billy Suarez, owner of Billy's Island Grill, said everyone loves the project. He said he came because he heard the project was a little over budget and he wanted to lend his support. Kit Williams, with Lazier Lionshead LLC and who has oversight for over 20 retail businesses in Lionshead, said the project has the full support of the retailers. Foley moved, with a second from both Moffet and Donovan, to approve the project funding. A vote was taken and the motion passed unanimously, 6 -0 Town Council Meeting Minutes of April 16, 2013 Page 4 The seventh item on the agenda was Resolution No. 7, Series of 2013 — Establishing the annual fee in lieu rate for commercial linkage and inclusionary zoning. George Ruther said this fee in lieu is adopted annually and it actually reflects a slight reduction in the amount. It's calculated with running numbers over a three year period, so this formula evens out the peaks and valleys to more normalize it. It's based on 120% of AMI, which amounts to an annual income of $81,600 for a couple. Moffet asked if it was working and how much had been generated. Ruther said it was one of five options to mitigate commercial linkage and inclusionary zoning. $650,000 has been collected to date for purchase of deed restricted units. Moffet moved to approve, with a second from Foley. A vote was taken and the motion passed unanimously, 6 -0. The eighth item on the agenda was Adjournment. There being no further business, Donovan moved, with a second from Foley, to adjourn the meeting at 9:20 p.m. A vote was taken and the motion passed unanimously, 6 -0. Respectfully Submitted, Attest: Andrew P. Daly, yor Pam Brandmeyer, Assistant T n Manager 5EA1' Town Council Meeting Minutes of April 16, 2013 Page 5 Vail Town Council Meeting Minutes Tuesday, May 7, 2013 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 Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was the Consent Agenda. 1) Approval of April 2 and 16 meeting minutes. Foley moved, with a second from Moffet, to approve both sets of minutes as presented. A vote was taken and the motion passed unanimously, 7 -0. 2) Simba Run Underpass Feasibility and Planning Environmental Linkage (PEL) Report Contract Award. Donovan said this was such a big part of the Ever Vail discussion and should be considered a shared public benefit as far as funding. She understood where it would land on the north side and was concerned how it would affect Timber Ridge. Town Engineer Tom Kassmel explained this would cover planning and environmental concerns and would address any impacts. When asked if this would also address the "cut and cover," Kassmel said no. Foley reminded Council this was a funding split with Colorado Department of Transportation Revenue (CDOT) and moved to approve the contract award to Felsberg Holt and Ullevig (FHU) for an amount of $324,929.32, with a second from Kurz. A vote was taken and the motion passed unanimously, 7 -0. The third item on the agenda was the Town Manager Report. There was none. The fourth item on the agenda was a public hearing to discuss the proposed 2013 Gerald R. Ford Park Master Plan. This public hearing is a continuation of the hearings previously held on March 19, April 2, and April 16, 2013, regarding master planning for Ford Park. George Ruther, Community Development Director, took a moment to introduce a new addition to the planning staff: Jonathan Spence, who is joining the town after an eight year planning career with Steamboat Springs. Ruther then opened the public hearing on the 2013 Gerald R. Ford Park Master plan. He noted Council has been very busy studying and reviewing this plan and has had three separate meetings since March. He reminded Council this plans reflects a compilation of master planning as far back at 1974, through additions in 1985, 1997 and 2012, in an attempt to create one singular document. Staff has boiled these plans down into goal statements and objectives, with the last chapter acting Town Council Meeting Minutes of May 7, 2013 Page 1 as an illustrative plan. Subareas are based on uses and should be complimentary. He quoted a recent e-mail comment to Council in which the writer said, 'We love our parks to death," and stated this remains a very, very draft approach. Consultant Tom Braun stated he would walk through the different elements and process. He said this is an overview of the proposed Master Plan and staff wanted to make sure they were on the right track. Donovan questioned whether this would proceed to the Planning and Environmental Commission (PEC), and Ruther responded it was noticed for the May 13 meeting, and based on tonight's discussion, a decision would be made to proceed. Regardless of the evening's results, he stated it would still be very helpful to keep the PEC up to speed. Donovan asked whether wordsmithing now was appropriate, to which Braun stated if a word could change the meaning, certainly state it. Ruther noted they had begun work on the new illustrative plan, which could perhaps be included as an appendix so it would not be as cumbersome. Ruther highlighted accomplishments from the four plans: 1974 defined possible park -like activities and structures, including solitude and natural settings being maintained; 1985 concluded an aquatic center would not be located in the park; 1997 focused on a management plan for existing uses; and the 2012 amendments included new improvements to existing facilities, including changes to the Amphitheater, new softbalVathletic fields and the addition of an educational center. A lot of passion has been put into these documents over the years. Now is the time to establish clear expectations. Donovan suggested the riparian areas were too vaguely described as open space, unless open space were further defined to be natural habitat. Rogers questioned bullet point 5 under Part 3 — History of Ford Park and Previous Planning Efforts stating, in fact, there is an interest in major new projects for the park and some changes were contemplated in the 2012 amendments. Braun stated the 2012 plan goals, objectives and policies further refined the flow, consolidating a couple of added new items. In Goal #1, Rogers shared concerns about the difference between new structures and new uses and questioned whether Council was really saying no new structures for existing uses. Daly stated Goal # 1 is the defining goal for the park plan. Rogers asked if Council was being forward thinking enough not to include language that would allow for new facilities. Braun stated a "compelling public interest" was the trigger for adding new facilities, and that Council should focus on the goals and not on individually proposed projects. Moffet added the plan was setting broad lines. Ruther clarified public art is an allowed use in the park and administrative offices are allowed when there are uses relevant to the park. Donovan asked why prohibited uses were listed and Ruther responded Ford Park is zoned General Use, which includes those listed. So this inclusion adds clarity and specificity. Rogers stated Council knows changes will occur, so Council can make a change based on public purpose. Braun continued with Objective 1.2 stating these, in essence, reflect what can happen and where. Objective 1.3 was inserted to better protect the creek in its natural condition. Rogers asked to keep the area northwest of the art shack, the flat area, as a potential site for the sculpture garden. In discussing the schoolhouse, Donovan suggested returning it to its original state; Tjossem agreed this would preserve its integrity. Rogers said the Gardens are not an historical society. This does not fit into their mission. Four Councilmembers agreed to further discuss. Tjossem said its use should be discussed with the group that negotiated to have it moved from its original site. It serves as an historical artifact to be restored and protected. Donovan said to add some teeth and to raise it to a world class level. The original intent cannot be thrown out. Foley stated that also in that area, the defector parking on the east side should be removed entirely. Ruther suggested reviewing the Town Council Meeting Minutes of May 7, 2013 Page 2 original language that was accepted by Betty Ford Alpine Gardens (BFAG). Rogers said turning it into a museum was a whole different story. Braun introduced Goal #2, which is new, saying the intent is to provide a balanced mix of open space, facilities, uses and programs to meet the recreational, educational and cultural needs of residents and guests. Passive enjoyment of the natural areas and preservation of significant view corridors reinforce the Park's connection to the natural environment. The intent is to separate active recreation subareas from other subareas. Support for the arts, music, dance and other cultural pursuits is maintained and enhanced, where appropriate. Discussion turned to Action Step 2.3.2 which spoke to a continuation of the boundary of the Park to Slifer Square. Ruther clarified this had been mislocated but was an attempt to expand the open space connection and to encourage uses that don't create more parking need. Tjossem added Slifer Square didn't really lend itself to park -like features. Rogers questioned restrictions at Roger Staub Park that might preclude placement of public art. Four raised hands were in agreement to discuss educational programming at the Nature Center. Rogers said three areas for the proposed BFAG educational center need to be discussed. Moffet responded the would narrow the scope and they were trying to provide broad parameters. Braun stated Goal # 3 deals with vehicular intrusions into the interior of the park. Ruther suggested revisiting the '97 Management Plan to focus on the objectives. Tjossem said it should be even more restrictive and should strictly limit access on the west side. Daly said users should be responsible for transportation specific to their areas, rather than relying on public transportation. Rogers said any expansion would increase traffic appreciably. Braun said the intent was to keep vehicles where they belonged and to ensure there was "no -net loss" of existing parking. Donovan stated additional signs for clarity and ease of use were needed. As well, she said users should cost share in major capital improvements to the Frontage Road. Concerns about two way traffic and safety were discussed. Goal #4 ensures compatible relationships between all venues and all uses within the Park. The term Park Superintendent will be replaced by the Town Manager or his /her designee. No one userwill dominate the Park. And the General Public will be added to the previous list of 4 users. Ruther stated berms and landscape buffers would continue to ensure good neighbors and stakeholders. Goal #5 addresses internal pedestrian circulation and pedestrian connections to the Village. Braun stated this was retained nearly verbatim. Goal # 6 addresses financial responsibilities among leaseholders. Braun stated nothing was touched and it came from the '97 plan. Is this OK. Rogers pointed out not all users are created equally, since BFAG is the only stakeholder that does not have a revenue source. Todd Oppenheimer, Public Works, clarified utilities pay shares. Ruther stated the quality and functioning standards should be set by the town. Daly said new leases should be drawn up including cure and fault provisions. Tjossem questioned if a further discussion on whether tenants should own or lease their facilities, to which staff said they would follow up. Braun began to start a quick discussion of the Ford Park Subareas, but Daly stated this area of the plan would be tabled to a later meeting to allow for public comment. Dr. Thomas Steinberg, local resident, said the town continued to ignore the damage it had already done in the park. Zemler responded that he'd already ordered a report to assess what damage had been done to the hillside, as well as to Gore Creek. Steinberg said the park was purchased with Town Council Meeting Minutes of May 7, 2013 Page 3 RETT for open space purposes but the town continues to add buildings. Daly said RETT had been modified over the years and use had been expanded. Nicola Ripley, Executive Director of BFAG, shared concerns about the subareas and the possibility they might preclude improving pedestrian access to the creek in an environmentally appropriate manner. The school house should remain a very comfortable and welcoming environment since BFAG is keeping the building open to the public. It acts as a welcome center for the park. Anne Esson, Local resident, said she sees a red flag with Ford Park and if the building continues there will be no money left in RETT for open space purchases. She urged Council to use RETT for the right purposes. Gwen Scalpello, Vail citizen, said discussion sounds like Council does not want to see any changes in the park. She urged Council to return to the original goals and objectives and to keep activities relevant to the community. She said she works an average of 400 -700 hours each summer so she hears the comments and knows what visitors to the park want. She urged further discussion regarding the school house. Jim Lamont, Vail Homeowner's Association, reminded Council of some historical factors, including restoration of the art shack from ruin; restoration of the school house with its contents; and the Nature Center modification to be environmentally sound. He asked if Vail saw itself as nurturing the historical. He feels it is essential to preserve as many historical buildings as possible. The town should take financial responsibility for this. It creates both a public and community interest. Rogers said the subareas should be accurately defined to correspond to the actual current lease areas. There being no further public input on this topic, Donovan moved, with a second from Foley, to table the discussion of subareas to the May 21 Council meeting. A vote was taken and the motion passed unanimously, 7 -0. The fifth item on the agenda was the first reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12 -2 -2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. Daly read the title in full. Ruther introduced the ordinance, which dates back to the end of 2012, following a rigorous review by the Planning and Environmental Commission (PEC). The PEC held a public hearing on the proposed amendment on October 22 and November 12, 2012. On November 12, the PEC forwarded a recommendation of approval to the Vail Town Council for the proposed amendment by a vote of 5 -0-2 (Pierce and Hopkins recused). Subsequent tabling's have led Council to consideration of this ordinance on first reading tonight. Donovan stated approving this ordinance simply was helping the Council get its house in order and is not an approval of a specific project. Jim Lamont, Vail Homeowner's Association, asked if it allowed for administrative offices of the Vail Recreation District(VRD) in case we have to find a new home for the VRD offices and was told that it did. Moffet moved to approve the motion on first reading, with a second from Rogers. He included the following findings from the PEC: 1) That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the town; and, 2) that the amendments further the general and specific purposes of the zoning regulations; and, 3) that the amendments promote the health, safety, morals and general Town Council Meeting Minutes of May 7, 2013 Page 4 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. A vote was taken and motion carried unanimously, 7 -0. Ruther restated the maximum height of the golf course clubhouse could not exceed 33 feet. The sixth item on the agenda was first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of Vail Goff Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive /Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. Daly read the title in full. In Ordinance No. 22, the applicant, the Town of Vail, is requesting a zone district boundary amendment to the Town of Vail Zoning Map to rezone the Vail Golf Course Parking lot located at 1775 Sunburst Drive /Lot 3, Sunburst Filing 3, from the General Use District (GU) to the Outdoor Recreation Zone District (OR). Moffet moved, with a second from Kurz, to approve the ordinance and included the following conditions as proposed by the PEC: 1) that the zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2) that the zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3) That the zone district boundary 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. Rogers said in Council's considerations of the golf course, the Nordic operations, which occur seven months of the year, have been considerably downplayed. Rogers asked if the neighbors were in favor and was told they were. A vote was taken and the motion passed unanimously, 7 -0. The seventh item on the agenda was first reading of Ordinance No. 7, Series of 2013, an ordinance repealing an reenacting Ordinance No. 17, Series of 1990, amending Special Development District No. 16 Elk Meadows, to relocate and reconfigure Lot 1, 2, and 3; adjust the gross residential floor area allowance for each lot, allow for off -site employee dwelling unit mitigation, and revise the architectural guidelines, in accordance with Section 12- 9A -10, Amendment Procedures, Vail Town Code, located 1624, 1626, 1628, 1630, and 1632 Buffehr Creek Road /Lots 1 -5, Elk Meadows Subdivision, and setting forth details in regard thereto. Daly read the title in full. Tjossem recused herself and left the meeting. Ruther noted the purpose of this public hearing was to allow the applicant, Elk Meadows Development, LLC, represented by Sharon Cohn, to introduce four proposed amendments to the adopted Elk Meadows Special Development District (SDD) No. 16. Those amendments are : 1) relocation and reconfigurations of Lots 1,2 and 3; and, 2) revisions to the architectural guidelines; and 3) revisions to the on -site employee housing requirement; and 4) an increase in the allowable gross residential floor area (GRFA). He said the site had been staked and was visited earlier in the work session by the Council. Ruther referred to these changes as housekeeping measures. The new proposal would require the same things to which everyone else in town must comply. The employee housing will be deed restricted. Moffet requested a briefing about inclusionary zoning at the next meeting, which will be done off -line. Moffet moved to approve Ordinance No. 7, with a second from Rogers, with the following findings from the PEC: 1) that the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; and 2) that the SDD 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 SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4) that the SDD Town Council Meeting Minutes of May 7, 2013 Page 5 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. Cohn stated they were very happy to be moving forward with this project and she considered herself and company stewards of the land. A vote was taken and the motion passed unanimously, 6 -0. The eighth item on the agenda was Phase I Design Development Review of the Vail Wayfinding Project, including the Interstate, Off Ramps, Roundabouts, Frontage Roads and the Parking Structures. The Wayfinding Project is a Component of Town of Vail Guest Service Enhancement Initiative. Moffet moved, with seconds from Donovan and Foley, to table this item to the first part of the agenda on May 21. Zemler asked Council to let staff know beforehand if they have any specific concerns about the proposal. A vote was taken and the motion passed unanimously, 6 -0. The ninth item on the agenda was Adjournment. There being no further business, Moffet moved, with a second from Donovan, to adjourn the meeting at 9:05 p.m. Respectfully Submitted, Attest: Andrew P. Daly, MQ r .50% O\N N 'PIZ L c�wu,tc.. � Pam Brandmeyer, Assist a r $gpr Town Council Meeting Minutes of May 7, 2013 Page 6 SCANNED Vail Town Council Meeting Minutes Tuesday, May 21, 2013 4:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Phase I Development Review of the Vail Wayfinding Project, including the Interstate, Off Ramps, Roundabouts, Frontage Roads and the Parking Structures and introduced by Public Works Director Greg Hall. He also introduced the team members for Stantec/CommArts: Janet Martin and Dave Tweed. Hall explained every sign in both parking garages had been reviewed, including all roundabouts and the Frontage Roads. Art in Public Places (AIPP) had been involved, as had Colorado Department of Transportation (CDOT), since anything in CDOT right -of -way (ROW) had to be approved by that agency. An extensive process with both CDOT and the Federal Highway Administration (FHWA) had been completed. Definitions for signage had been agreed upon: East Vail, Vail Town Center and West Vail. Hall noted the sign package was now ready to engage in the detailed engineering drawings (construction documents) for CDOT and FHWA final approval. This package is in the form necessary to distribute to sign fabricators for those signs not needing CDOT and FHWA approval. The hard - working Advisory Group is an expansion of the 13 member panel used to assist with the Lionshead Welcome Center programming and includes representation by the Lionshead, Vail Village and West Vail business and lodging community, Vail Economic Advisory Council, Vail Local Marketing District Advisory Council, Vail Town Council, Vail Chamber and Business Association, Vail Homeowner's Association and Vail Info Inc. Using the project principles adopted by the Town Council, the advisory group met three times to review and comment on the initial concepts. This package is a result of the professional recommendations and experience of Comn-Arts /Stantec, CDOT /FHWA review and concurrence, and working with the support and collaboration of the town staff and Advisory Group participants. This plan now needs to move back into the CDOT process. Questions from Council centered on food and lodging highway signs, to which Hall responded the town could actually have them at all three exists but had put a policy in place years before to Town Council Meeting Minutes of May 21, 2013 Page 1 restrict them to West Vail only. In the category "Highway & Exits," Council approved Parking/Visitor Information and Ski Museum signs, as an example. By way of explanation, Tweed stated the term Vail Town Center was meant to be inclusive of both Villages in Vail Village and Lionshead. Hall confirmed there was to be a cost - sharing with CDOT on this project. He also noted the town's Variable Message Signs (VMS) were compliant with CDOT guidelines. When questioned, he stated the town would continue to work with the signs for the 2015 World Alpine Ski Championships. Tweed introduced the recommended color scheme: blue for Vail Village and red for Lionshead. These will be consistently used in both structures. In discussing use of the VMS, both Rogers and Donovan underscored the importance of having accurate, up-to -date information, stating leaving them empty was better than forecasting incorrect information. There will be only two new signs: the overhead signs coming off the interstate into the roundabouts. Donovan expressed concern about light intensity stating the town cannot contradict it own guidelines. Questions were asked if when lit, would these signs overwhelm the villages. Tjossem said she had concern as to whether the character of these signs matched the town's villages. She said they looked too urban and should not be so severe. Daly reminded everyone their purpose was information. They are to be used as a tool. Moffet said they clearly stated, "You have arrived." Hall stated we would be replacing all existing Frontage Road signs, with the overall intent of not driving traffic to Golden Peak. Donovan recommended deleting the word "Village" on Cascade Village, although Tjossem responded this area has a lift and skier parking and was a separate base area. She also voiced a concern about whether we might be setting expectations for other hotels. Tweed said this was an attempt to create parity. Zemler questioned what could be done to further clarify the "P" Parking sign on Village Chute, stating it needed to be changed to Paid Parking. In discussing both the Village and Lionshead parking garages, Tweed reiterated this plan strengthens previous good messages with more simple graphic symbols and icons and fewer words. The plan calls for spending less money on the inside of the structures. Both structures require a certain amount of clean up, but they would hang onto the critters and make more use of numerals. Larger exterior signs will denote important information, such as Vail Village P Parking with an arrow showing direction. It will also show the current number of interior spaces still available. Concerns were voiced about the Vail Village Garage Entry. It looks like a service entrance and will require a lot of clean up. Moffet asked to have technology installed to deter cars with roof mountain bikes from entering and taking out their bikes. The image for the Village Structure appears to look a little cluttered with the banner. The town is not selling an urban experience. Tweed stated the petroglyphs would remain in the Lionshead structure but using a different color scheme. He also stated advertising would take a back seat to wayfinding. A final suggestion for a good directory at every exit was expressed. As well, Daly was disappointed no concept for pre -paid parking had been included. Daly said messaging had to be welcoming and friendly. Daly then opened the discussion for public comment. Town Council Meeting Minutes of May 21, 2013 Page 2 Jim Lamont, Vail Homeowner's Association, said he has consistently advocated for VMS messaging and that perhaps the town had been a little overzealous in regulating. It's appropriate if it is in the realm of good public taste. The intent should remain to send "real time" information. With this Council unanimously agreed to send the package forward for final review of CDOT and FHWA. Staff and consultants were commended for an informative, but concise, presentation. Council then adjourned until 6:00 p.m. for dinner, re- opening the public hearing at that time. The second item on the agenda was Town Council break. The third item on the agenda was Citizen Participation. Jonathan Levine with Hummers of Vail expressed a very positive impression of this past winter's legislated licensing for limos, taxis, etc. Working with Commander Harvey was very pleasant. He claimed enforcement had not occurred for the past four months and that the ordinance was not enforced across the board. Lamont commented on Moffet's earlier remark about community building as a Council strategic goal. He also asked Council to consider videoing all community meetings of interest with a technique allowing the viewer to add comments. He said we need to serve the broader community. The fourth item on the agenda was Vail Youth Recognition Awards. Scott O'Connell with the Vail Youth Recognition Award Committee stated he and Peter Abuisi, Headmaster at Vail Mountain School (VMS) for over thirty years, and Jan Abbott, a counselor at Battle Mountain High School (BMHS), had been integral to this selection process. He introduced both recipients, Melissa Law from BMHS, and Hunter Bailey from VMS, and highlighted the many reasons they were afforded this honor. The fifth item on the agenda was the Town Manager Report. 1. Vail Village Information Center Remodel Recap. Foley said he believed Council should consider the Ski Museum's offer to help out with a capital campaign. Daly said all facilities at the Village Structure needed to be updated. Tjossem agreed they do not seem to compliment each other. Zemler stated no money was currently budgeted beyond Phase I. Rogers was concerned the proposed bathrooms were taking too much space. Zemler said further improvements should be reviewed as a part of the overall Capital Projects budget. Moffet added he was not in favor of spending a lot of money on the structure until Council had addressed basic community needs. 2. Ford Park Parking Lot Slope Re- vegetation Memorandum. Zemler said the report show approximately $50- 100,000 worth of work, mostly hand work. Crews have found good solid ground coverage. This should be reviewed again as a part of the Capital Projects budget. If work were to start now, some damage would still be evident as we approach July 4. The sixth item on the agenda was second reading of Ordinance No. 7, Series of 2013, an ordinance repealing an reenacting Ordinance No. 17, Series of 1990, amending Special Development District No. 16 Elk Meadows, to relocate and reconfigure Lot 1, 2, and 3; adjust the gross residential floor area allowance for each lot, allow for off -site employee dwelling unit mitigation, and revise the architectural guidelines, in accordance with Section 12- 9A -10, Amendment Procedures, Vail Town Code, located 1624, 1626, 1628, 1630, and 1632 Buffehr Creek Road /Lots 1 -5, Elk Meadows Subdivision, and setting forth details in regard thereto. Andy Daly read the title in full. George Ruther introduced the item, as Susie Tjossem recused Town Council Meeting Minutes of May 21, 2013 Page 3 herself from the discussion. Ruther noted there had been no changes from first reading. Council had no questions and there was no public comment. Rogers moved to approve, with a second from Kurz. A vote was taken and the motion passed unanimously, 6 -0 -1 ( Tjossem recused). The seventh item on the agenda was a public hearing to discuss the proposed 2013 Gerald R. Ford Park Master Plan. This public hearing is a continuation of the hearings previously held on March 19, April 2, April 16 and May 7, 2013, regarding master planning for Ford Park. Ruther introduced the item, stating this was the fifth public hearing Council had seen. He noted what the Master Plan sought to define was a flexibility for future growth and improvements; decision - making is still relevant; a stringent list of uses has been defined with subareas included to allow greater clarity; potential sites for the Betty Ford Alpine Gardens (BFAG) Education Center have been identified; historic sites which currently exist within the park are preserved to maintain their integrity and purpose; traffic and parking has been addressed; and existing park programs are defined. He then turned to the Draft Master Plan Update. More work is required on Goal #6 re: financial management of stakeholders to ensure a high quality and service level. Ruther inquired whether the potential locations for the BFAG Education Center be included. Is there a mutually agreeable location. Consultant Tom Braun said a key point to keep in mind is to continue to view this plan from a global level. The Master Plan will next go to the Planning and Environmental Commission (PEC), where much more community input will be received. The seven subareas on the upper and lower benches define how the park works, functions and is used, although they are not hard and fast boundaries. Moving to Subarea 1, Parking/Transit, the goal is to keep a separation of parking and vehicles from other areas of the park. The transit facility is a key component of the park in providing direct bus service to the town's parking structures, which provide parking for "peak" demand days at the park. Daly stated he was opposed to building structured parking, although Tjossem noted the plan should not preclude this possibility. Rogers voiced a preference for transit to address environmental concerns. Subarea 2, Active Recreation, defines active recreation, sports, tournaments and events at Ford Park. Tjossem said the plan should not preclude the use of the fields, as well, for outdoor concerts. Rogers questioned if the playground should be included and Moffet responded the playground was not structured and was for informal use. Subarea 3, Lower Commons, was called almost the epicenter of the park by Braun. This area defines sites for recreation for passive use and the quiet enjoyment of the park, buffers between uses, transitions to the natural Gore Creek corridor and contributes to maintaining the "open feeling" of the lower bench. The Children's Playground footprint remains the same. The Open Turf Area is not "programed" with organized uses and activities. This area provides valuable space for picnics, rest, "informal" games and other passive recreation use. The turf area also provides an important buffer, or transition, from the more actively developed areas of the park and the Gore Creek Corridor. Rogers felt disallowing pop up tents for weddings was too prohibitive. Donovan noted large tents allow for an explosion of vehicles. Braun said a lot of what already goes on there will remain the status quo. Foley said he did not want to see any tents in the Commons Area at all. Kurz had a concern about the interface of construction and vehicles. Moffet said the use of tents should be infrequent and should be made inconvenient to producers. There should be no cars during any event. Rogers said we should allow small tents Town Council Meeting Minutes of May 21, 2013 Page 4 because it's already being done now. Ruther said to concentrate on what uses would negatively affect overall park users. Donovan was concerned about Action step 2.3.1 and the term installations because the term implies permanence. She said Art in Public Places (AIPP) should be putting in temporary programs which should never occur in the open turf area, such as Steel Roots and The Singing Trees. All art work should be on the south side of West Betty Ford Way. Subarea 4, Amphitheater, was introduced and Braun said the boundaries had been drawn very tight. There should be no increases to vehicular trips and sound mitigation is being addressed. Daly noted the Ford Family tribute would be in the plaza area. Foley said some attention should be given to the southwest corner between the Amphitheater and BFAG to clean it up and improve it. Subarea 5, Alpine Gardens, was discussed, along with potential sites for the Education Center: Soccer Field Subarea; the Parking/Transit Subarea; and in the northern portion of the Alpine Gardens Subarea. All three locations must be evaluated against the Master Plan's Goals and Objectives. Rogers suggested the southern -most two tennis courts would be an ideal site. Kurz noted replacing the tennis courts would be another matter entirely. Tjossem said staff should find and vet a location that meets all the goals. Zemler said this vetting would occur at the PEC level. Moffet wanted PEC involved now to help the town plan. Daly said the majority appear to want to include the three sites in the Master Plan. Ruther said if the plan goes to the PEC now, no time would be lost and that would allow progress concurrently. Tjossem noted that particular tennis court was the exhibition court. In discussion of Subarea 6, Gore Creek Preservation, Braun said the purpose was to keep it as natural as possible, with soft surface trails. Rogers said this was the highest level of preservation. Tjossem said including no new bridges was too restrictive in that we don't know what will be needed into the future to preserve it, how it can be protected and restored. Donovan agreed to no new bridges. Tjossem agreed to no new buildings. Donovan and Foley did not want to see either new bridges or buildings. Kurz said a good swath of acreage should be retained and protected. Moffet felt consideration of new bridges was OK but no buildings. Daly said to take a vote. The vote was positive to disallow new buildings, while allowing for possible bridges. By 4 -3 vote (Donovan, Foley and Daly opposed), the discussion ended. In Subarea 7, Soccer Field, Moffet noted this setting had to be one of the most incredible in the world with a view of the Gore Range. Although there was little discussion, Ruther noted staff would take a look at the bus turnaround on the east end of the field. Discussion turned to future improvements with Improvement #1, Gore Creek Corridor Enhancements which will be done all along the creek. Improvement #2, Entry Monumentation at park's pedestrian entries, Braun noted the Master Plan should share common vocabulary in use with other town planning. As such, there is no sense of arrival. Improvement #3, BFAG Educational Center, Daly noted this should be a very low scale building, with perhaps one story and a lower level walk out. Tjossem asked who would vet the locations — the town or the applicant. Zemler said the staff would do an initial screening. On Improvement #5, Ford Amphitheater /Public Plaza, Foley suggested the new restrooms on the west side should be accessible by the public during non -event periods. Rogers asked that as much mature landscaping as possible be preserved, and Ruther said the maturing vegetation Town Council Meeting Minutes of May 21, 2013 Page 5 would be protected. There was minimal comment on the final improvements. Daly opened the discussion for public comment. Jim Lamont, Vail Homeowner's Association, inquired about a roundabout on the South Frontage Road and said structured parking should not be ruled out. He also questioned the tennis center, which was built for the public, but was used almost entirely for offices. He said this site could be used as both a Welcome Center and an educational center. He said BFAG does not need offices in the park itself. He favors the addition of another bridge in the Nature Center area. Gwen Scalpello, BFAG Board of Directors, said in the Gore Creek Preservation Subarea, the mission was to preserve, enhance and educate. The Nature Center has suffered because of the "no changes" policy. She also asked Council to reconsider activities already on -going in the lower bench, such as weddings and BFAG programs. Liz Campbell, BFAG employee, said she hoped the minimal impact activities down by the stream should be allowed to continue. Jack Hunn, consultant for the Vail Valley Foundation, said the Master Plan language should allow for future Councils to make good decisions. Trees should be preserved, but where possible, transplanted. He noted the primary entrance would also be widened to allow better circulation and placement of the Ford Tribute. The Foundation shares the common concern for the sound mitigation. There being no further public comment, Ruther summed up by saying Goal #6 and others not thoroughly vetted, would be brought back to the Council for review. Daly noted under the Illustrative Plan that any improvement not depicted on this plan would have to meet the Master Plan goals and objectives. The eighth item on the agenda was the second reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12 -2 -2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. Mayor Daly read the title in full. Ruther noted the only question was in regard to the definition of the Clubhouse, making it explicit enough to include both golf and the Nordic Center. The Golf Course is a defined use, while the Nordic Center is an accessory use. There were no changes from first reading. Moffet moved, with a second from Kurz, to approve as read, subject to the findings of the PEC and as included in first reading on May 7. Daly opened the meeting to public comment. Art Abplanalp, attorney for eight homeowner's on Sunburst Drive, said it was critical to note that when PEC reviewed the project, it was only dealing with building height. There was never any mention of definitions. He said the town has a problem with its public process and has not complied with its own code. The town made a commitment to the Pulis family 30 years ago. Lamont said public transparency had been abandoned. Daly said Lamont's comments were not germane to this discussion. Matt Mire, Town Attorney, stated this was not a quasi - judicial decision. Ruther said the definitions were included because in order to honor the building height and more effectively implement, definitions must be provided. It would be difficult to implement without the Town Council Meeting Minutes of May 21, 2013 Page 6 definitions. The town's zoning code does not include a definition of a golf course clubhouse. Daly suggested sending it back to the PEC. Mire said he was completely fine with George's explanation and recommendation. Rogers agreed it should be sent back to the PEC and didn't see any harm in doing so. Moffet said Council has advertised and adequately posted notice of the ordinance. There is no reason to delay it any longer. Daly agreed. Moffet said the PEC does not draft ordinances or set policy. Council does. Daly and Rogers said they would be voting against the motion. A vote was taken and the motion passed 4 -3, Tjossem, Daly and Rogers opposed. Abplanalp was allowed to re- approach the podium. He stated no notice had been given to the public; this language was developed after the PEC made its findings; and this second reading is the public hearing and the public should respond at second reading. Debra Webster, property owner on Sunburst, made objections to the language, "customarily incidental and accessory to a golf course." Tjossem said public comment comes to the Council but she suggested as a compromise to table the item to the June 4 evening session, although she felt Council had correctly followed the procedure. The ninth item was second reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive /Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. Mayor Daly read the title in full. Moffet moved to approve, subject to the findings from the May 7 memorandum, with a second from Kurz. A vote was taken and the motion passed unanimously, 7 -0. The tenth item on the agenda was Adjournment. There being no further business, Moffet moved, with a second from Foley, to adjourn the meeting. A vote was taken and the motion passed unanimously, 7 -0, at 9:50 p.m. Attest: -'A:,- Pam Brandmeyer, Ass Andrew P. Daly, Town Council Meeting Minutes of May 21, 2013 Page 7 Vail Town Council Meeting Minutes Tuesday, June 4, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Stephen Connelly, local home and business owner, stated the public trust is at risk and has been violated lately. Council's role is to lead and represent this community. Recall has been discussed in the community and there are issues with the town not releasing information as well. He also stated concerns about plastic grocery bags, which leads to higher costs at the landfill. Council should immediately move forward with a ban on the bags. Dale Bugby, local resident, business owner and golfer, stated the 18th hole is at risk and he had circulated a petition which currently carried 245 signatures. The town should enforce the Pulis covenants, which would prevent this. Jonathan Levine, Hummers of Vail, said he'd had no feedback from the Town on a former complaint he'd lodged re: the licensing registration. Stan Zemler, Town Manager, said he would schedule an update at an upcoming meeting, since staff had said they would return to Council after the winter season. The second item on the agenda was Consent Agenda. 1) Approval of May 7 and May 21 meeting minutes. Kurz moved, with a second from Foley, to approve the minutes as corrected. Colorado Department of Transportation (CDOT) had been incorrectly typed as Colorado Department of Revenue. A vote was taken and the motion passed unanimously, 7 -0. On the May 21 minutes, a typo for the start time was corrected along with language clarifying a comment made by Rogers about Subarea 1, Parking/Transit. The corrected wording is: "Rogers voiced a preference for using transit to address environmental concerns." (Page 4). A second correction on Page 5 related to Subarea 6, Gore Creek Preservation. The Town Council Meeting Minutes of June 4, 2013 Page 1 added wording: "Daly said to take a vote. The vote was positive to disallow new buildings, while allowing for possible bridges. By a 4 -3 margin (Donovan, Foley and Daly against), this specific discussion ended." Moffet moved to approve, with a second from Donovan. A vote was taken and the minutes passed unanimously. 2) 2013 Curb /Gutter Repair Project Award. Matt Mire, Town Attorney, advised this item did not require a vote, but from a straw poll of Council, everyone was in favor of approving a curb and gutter repair project for the Main Vail roundabouts to Betone, LLC, in an amount not to exceed $67,538.25. The third item on the agenda was Town Manager Report. There was none. The fourth item on the agenda was appointment of three members to the Local Licensing Authority (LLA) and one member to the Housing Authority (HA). A motion was made by Kurz, with a second from Rogers, to approve Bruno, Steers and Zinn to a two year term on the Local Licensing Authority. A vote was taken and the motion passed unanimously, 7 -0. Kurz moved, with a second from Rogers, to appoint Craig Cohn to the Vail Local Housing Authority. A vote was taken and the motion passed unanimously, 7 -0. The fifth item on the agenda was a final review of an appeal of a Planning and Environmental Commission decision, pursuant to Section 12 -3 -3C, Appeal of Planning and Environmental Commission Decisions, Vail Town Code, appealing a decision by the Planning and Environmental Commission approving, with conditions, a development application for amendments to an existing conditional use permit for the Vail Golf Course, located at 1775 Sunburst Drive /Lot 3, Sunburst Filing 3 and Unplatted Parcels, and setting forth details in regard thereto. Mayor Daly introduced the item, stating a public process was to be followed regarding this hearing by a protocol displayed on the south side of the Council Chambers. The first item to be considered was who, of the plaintiffs, was to be admitted standing in this proceeding. Thus, a Hearing to Determine Standing of Appellants was opened. He also noted there would be an opportunity for public comment, which would be limited to 3 minutes per speaker. Mire said it is the job of the Zoning Administrator to make a ruling on the appellants, where a decision is made as to which appellants have standing within the Town Code. George Ruther acts as the Zoning Administrator. Steven Collis, attorney for the appellants, introduced himself and began the Presentation of the Appellants. Collis noted the list of appellants was the same list that had been used in the application in the fall of 2012. He requested the appellants be treated as any other applicant to the town. He described the clubhouse proposal as one that would leave his appellants aggrieved with material injuries. He said the Applicant had previously admitted to having no operational plan, and thus, the PEC required plan. There is no way the town can guarantee that the special events center could be controlled at 160 people, and that the 160 applies only to the Conditional Use Permit (CUP) area. There could be a tent on the fairway, as well, so this would have a cumulative affect on Sunburst Drive. The neighborhood, the appellants and other users have safety concerns. He said some homeowner's property values have already been affected. Rogers asked if he could provide some examples. Collis said one example comes from the appraisal. Daly said that Montaneros was not a good comparable, given the addition to the redevelopment of other condominiums in Lionshead. Town Council Meeting Minutes of June 4, 2013 Page 2 Collis said the appellants will be adversely affected by drunks stumbling down fairways, which becomes even more difficult because the police don't respond to complaints. Deborah Webster, appellant, introduced herself and said she'd just received a long memo from Community Development re: standing. She also noted she has called the police department many times on sound violations over the last 22 years. When questioned how recently she'd called, she said probably 2 -3 years ago. Her home has been on the market for 2 years, but upon inquiry, her realtor must still state the terms of the lawsuit and the situation with the clubhouse. When stating she was concerned about the tents, Daly responded that no tents were allowed within the CUP per the PEC approval. Rogers asked who her realtor was and she replied Barbara Schofield with Prudential. Mayor Daly asked if anyone else wished to speak, and there was no one. The Mayor moved on to the Presentation of the Town Staff. Ruther produced a PowerPoint map on the neighborhood and adjacency as it reflects standing. Per his analysis of the criteria and considerations, he stated R. Glenn Hilliard, Deborah L. Webster, the Olson Family 2012 Trust and Starfire Company, LTD. had standing as adjacents, but were not adversely affected or aggrieved. 1835 Sunburst Drive, LLC, Richard J. Callahan and Mary Celeste Callahan, Samuel and Luleta Maslak and Landon Hilliard, III had neither standing nor were they adversely affected and aggrieved. Ruther then read the considerations on which he based his determination. 1) The uses proposed by the applicant are consistent with the purposes of the zone district and achieve the development objectives of the town. 2) An Operations Plan was required by the Planning and Environmental Commission (PEC) and town staff, in addition to the already established regulations for noise and lighting. In all instances, the Operations Plan is more restrictive than current regulations, thus affording the appellants greater protections than those afforded to other property owners elsewhere in town. 3) A review of the Town of Vail Police records does not support the appellants claims of lack of enforcement. When questioned by Council on how far back the records went, Ruther said he did not know. 4) Temporary tents are an allowed use in the zone district today and regulated by the Zoning Regulations of the Town of Vail. The Operations Plan again affords the appellants greater protections than those afforded to other property owners elsewhere in the town. 5) The reconfiguration of the existing driving range net is not relevant to the CUP approval granted by the PEC. The justifications for its reconfiguration, if pursued, are not directly related to the approval granted. The fairway is not a part of the CUP. Rogers added the Operations Plan does not address the fairway. Ruther said this was not within the PEC scope for review of the CUP. 6) The appellants have provided no competent evidence to support any claims of lack of buffer to protect residences. Setback requirements have been imposed to ensure an adequate separation amongst land uses exists. The allegation of adverse affect is unfounded. 7) The Outdoor Recreation zone district, as most recently expanded with the neighbor's input, provides a significant amount of certainty regarding the use of the property. At a minimum, the appellants are no more aggrieved or adversely affected, if at all, by zoning than any other property owner in town. Ruther added zoning is in place across the entire town. 8) The appellants have provided no competent evidence to support any claims of parking congestion and safety. To the contrary, the applicant has proposed, and the PEC has Town Council Meeting Minutes of June 4, 2013 Page 3 approved, a parking plan which fully complies with the provisions of the Zoning Regulations of the Town of Vail. The applicant, at the request of the appellants and others, amended the parking plan to remove vehicle parking from Sunburst Drive. This is a limitation not imposed upon any other property owner in the vicinity, so this is unfounded. Ruther added subject to permission from the Police Department, prohibition of parking on Sunburst can still be waived on special occasion for neighbors. 9) The appellants' claims that emergency vehicle access will be compromised due to parking on Sunburst Drive and lack of law enforcement are clearly intended to sensationalize the issue and provide a distraction to the process. Such claims are inaccurate and purposefully false as the appellants have been repeatedly informed that parking is not permitted on Sunburst Drive. And 10) the appellants have been actively engaged in the development review process associated with the development application prior to its inception. Much of the input and feedback provided by the appellants has been incorporated into the final approval and conditions imposed by the Planning Department. After Council deliberation, Moffet moved, with a second from Rogers, to approve standing as adjacents but that none are adversely affected or aggrieved to the four recommendations from Ruther. A vote was taken and the motion passed unanimously, 6 -0 -1 (Foley). Mayor Daly then moved on to the Public Hearing on the Merits of the Appeal. Collis spoke to the parking on Sunburst Drive, stating anything unexpected will cause parking on Sunburst and there is no room for error. Daly said this will require coordination of the events. Collis said informal events could occur which might not be anticipated. Moffet said overflow parking on Sunburst is currently the status quo. Collis restated this was a safety concern. Rogers said the Operations Plan does not prevent a party or event and the PEC simply approved a remodel of the clubhouse. Collis said the Operations Plan did not support activities that were customary and incidental. With two separate entrances for golfers and events, it is further clarified the events center is taking precedence. Daly said the square footage is being increased from around 18,000 to 21,000 SF, which is a 16% increase in capacity. The banquet space is growing by 1,000 SF, while the remaining goes into the Golfer's Grill, lockers and restrooms. Collis said only activities necessary to the operations of the golf course should be included, and with re: to the Nordic Center, if this has been a violation in the past doesn't mean it should continue. This is a much more dramatic use. Rogers asked how the Nordic space was relevant to golf. Collis said he didn't know. Rogers asked if the clubhouse was ancillary to the golf course. Re: the Nature of the Appeal, Collis said the appellants alleged the following: 1) the proposed location of the use will be detrimental to the public health, safety or welfare; 2) the town's plan most definitely will be materially injurious to the properties in the vicinity of the event center; and 3) what the Applicant is proposing is neither customary nor incidental. In sum, the PEC approved amendments to the CUP without making the proper findings, and the proposed event center fails to satisfy either of the two tests for a conditional use as an accessory building for use in the Outdoor Recreation zone district. Collis said if the Applicant builds it, people will come. The only thing to be considered is what is necessary for the operations of the golf course clubhouse. Town Council Meeting Minutes of June 4, 2013 Page 4 Moffet asked if Collis could name one successful golf course where a restaurant is separated from the grill. Donovan asked for a definition of the word necessary. Resort expectations are somewhat different in Vail and cutting back service is not an option. She had questions about the outdoor amplified sound, to which Collis responded it is already loud and complaints are lodged. Daly said the outdoor amplified sound must be completely off by 8:00 p.m. And the facility would be air conditioned; some of the most strident conditions in the town. Donovan noted the town already has regulations in place about lighting. Art Abplanalp, attorney for property owners on Sunburst, disclosed to Council that an additional two homeowners, Chapman and Knowlton, also had asked him to speak on their behalf. He presented a stack of paperwork he said should have been included in the record, but which he had assembled. Some will duplicate what Ruther has presented. He said these reflected the application as it unfolded. Rogers asked if he had attended every PEC meeting, to which he responded he had. He said no operational plan had been presented to the PEC. He had a red -lined copy of the PEC April 22, 2013, memo, but there was no inventory of the objections the golfers had voiced. He said the Vail Local Marketing Committee had been the catalyst for this proposal, and the current application is not within the original footprint. The PEC did not take any intelligible action on the CUP. Only those things customarily incidental and necessary should apply to the operations of the Golf Course. If that doesn't occur, then it should be identified for what it is, which is an events center. The events center was changed to a banquet room in January. Not one golf course he's aware of has an event center or a banquet room. Rogers said no golf course space had been sacrificed for weddings. Daly said Arrowhead, BeaverCreek, the Sonnenalp, Red Sky and Cordillera all had independent grills but the facility itself was available for weddings, meetings, banquets, and so on. Tjossem questioned how the use of banquet facilities could preclude golf, to which Abplanalp responded someone could not get from point A to point B. He said the neighborhood supports a new clubhouse but what Council is considering is a disservice. Appellant Deborah Webster said Council's mission is to provide service. The PEC approval came as a complete surprise. She said the 5 -0 -2 recusal was hardly an endorsement. The Applicant has made minimal concessions. The plan would be thrust on property owners to enforce. Council is not doing its job and should go back to the drawing board. It's the wrong project in the wrong place. The meeting proceeded to the Staff Presentation by Ruther, who first addressed a full page ad in the Vail Daily on the previous day. He said it lacked accuracy and included many misrepresentations. The golf course clubhouse would increase by 15% and golf and Nordic would occupy 100% of that increase. Capacity for the banquet space has been set at 160 people. The operations plan includes a parking plan, with 112 existing spaces increasing to a 158 requirement. Ruther noted in the April 22 memo to PEC, there was a review of the criteria (page 14 of the PEC memo and Page 5 of the Council memo dated June 4, 2013) for the CUP. The golf course clubhouse is a permitted use in the Outdoor Recreation zone district, so the use is determined to be allowable. The Operations Plan was modified based on recommendations from the planning staff. Boundaries have been changed for the CUP, Town Council Meeting Minutes of June 4, 2013 Page 5 at the request of the neighbors, which is the very purpose of a review process. An additional requirement will be the graphic depiction for the tent location. PEC made their findings, but in the course of discussion, an in depth conversation on the term materially injurious was had based on a request from Commissioner Michael Kurz. In response to the question of the town being treated differently than any other applicant, Ruther said the Operations Plan speaks to this. The parking plan fully complies with adopted land use regulations. Given public testimony, the application reduced the size of the CUP area. As for enforcement of the Operations Plan, this will be no different than what is expected of any property owner within the town. The town has a number of venues by which to ensure enforcement. This fourth hearing of the PEC included the conditions of the graphic depiction of the tent area, as well as the Operations Plan be drafted in a form that is legally enforceable for the zoning. Mayor Daly opened Public Comment. Stephen Connelly said the town has done a great job of banning tents. He questioned the value to VRD of $79,500 for revenue generated. He asked there be an estimate on the impact of rounds of golf, thus lost revenue, in diminishing the offset of revenue generated from the events center. He asked why build it so big. The public is not fully engaged. He suggested Council table the item tonight and put it forward to a vote. Mike Cacioppo said there have been events at the clubhouse for over thirty years. The covenants say this is to be used for golf course purposes. The clubhouse is not just for golfers; all taxpayers own the clubhouse. As an expert in the sound business, he suggested a separate banquet room would be better to insulate noise. Paul Simon said this has turned into a lot more than a clubhouse, but agreed the town needs a nicer golf clubhouse. Eric Taylor, who is a member of the men's golf club, said the town has changed the use definition to get past the covenants. The town is interested only in generating revenue. The current parking lot at 112 spaces spills over regularly. 46 new spaces is short- sighted. There is a problem with the revenue projections. Most who use the clubhouse don't want this project. Joe Staufer said there is a misconception of what we voted for. There are competitive new restaurants on the mountain. If the golfers and the neighborhood don't want it, who is the town serving. Richard Silverman said the valet parking is an issue and questioned how a banquet event business could be successful with an end time of 8:00 p.m. Dale Bugby said the nature of need of this CUP is the problem. The outside uses and tripling of patio and lawn area are not needed. This is a change in use for this property. Council has been unwilling to compromise. Kim Newbury said as a former Councilmember, she had attended many open houses and heard the public discussion, which eventually led to putting this forward on the ballot. Town Council Meeting Minutes of June 4, 2013 Page 6 Council never talked about allowing no events. She said Council should see how the PEC made their decision, which clearly shows this should not be overturned. PEC listened to public input and made changes. Her peer group is not opposed to this project. Jason Plante, 25 year resident, expressed concerns about safety on Sunburst Drive, which doesn't work for the community, and management of valet parking. Hermann Staufer said he had listened carefully to the comments. The convention center was voted down. The purposes on the ballot were clear. The Pulis restrictions were never lifted. It should be used as a golf course with less emphasis on weddings. He questioned why the town would compete with local businesses. Rob LeVine said he was in favor of the project, which would be in the best interest of the entire community. He used the analogy of the Sonnenalp golf course where he lives on the first hole. The Faesslers decided to expand the clubhouse, the deck and the public restaurant. In fact, this attracted more and better events, which has been an overall benefit to that golf course community. Barbara Schofield, local realtor, presented a copy of an Affidavit of Jay B. Pulis, Jr., and read the following sections: #7) Minimizing development and maximizing open space were always very important to us. We always intended the golf course land to remain as golf course land and to be used for recreational purposes; #8) To ensure the neighborhood and the valley met our vision for it, in 1966 we leased our land on which the Vail Golf Couse now sits to the Town of Vail, with specific requirements that it should only be used for a golf course or other specified recreational uses. If any clubhouse were built, it had to consist only of facilities ordinarily available in structures operated in conjunction with golf courses; #11) By the time we sold the Golf Course property to the town, the Vail Valley had become one of the nation's premier tourist destinations, and we knew how tempting it would be for the town to make a large profit by either developing the golf course land itself or selling it to other developers, contrary to the common plan we had for the golf course and its adjoining neighborhood; #12 To prevent that from happening, and to preserve the neighborhood around the Golf Course, we included with the January 11, 1984 deed to the land a restrictive covenant that states that the only use of the land was for a golf course, open space, park, or related facilities that were required to support those uses ( "Pulis Covenant "). The idea behind the Pulis Covenant was to keep the land as undeveloped as possible so it would remain a golf course with only supporting facilities for a golf course; and #13 Creating an events center with a wedding venue and indoor /outdoor banquet facilities is not consistent with our intent or the intent of the Pulis Covenant. Our intent was a golf course, simple required support facilities, and surrounding residences, and not commercial operations. Jim Lamont, Vail Homeowners Association, asked Council to reverse the decision of the PEC based on the incompatibility with the surrounding neighborhood, as it would do irreparable harm. Dennis Koller, 14 year local, said the clubhouse represents a lot of tradition and reflects the history of Vail. It is not for weddings. Town Council Meeting Minutes of June 4, 2013 Page 7 There being no further comment from the public, Mayor Daly closed public comment. Ruther said a recurring theme is parking, which was addressed by the PEC and Operations Plan. Staff recommends Council uphold the decision of the PEC and noted the Finding of Facts in both the PEC and staff memo for this meeting. Mayor Daly called for the Response by Appellants. Toiler stated the PEC had found the project to be materially injurious and detrimental to public safety. Only those things customary and incidental to a golf course should be included. This should be re- designed to be in a quiet neighborhood. The events center competes against the golf course itself. He said the PEC did not adopt the conditions in their findings. Webster received an e-mail on July 12, 2012, from Warren Publis, who called the event center a complete sham. The original conditions had already been agreed upon. Abplanalp said staff should be commended on their parking efforts, but unfortunately, these don't deal with the golfer. The events center trumps the golfer. Only what's necessary should be included. The Operations Plan will not work over the next 50 years. The correct finding is to reverse the PEC. Mayor Daly closed the public hearing. Mire asked Council to accept all documents as presented as part of the public record. Moffet moved, with a second from Donovan, to accept all documents as presented, along with all exhibits. A vote was taken and the motion passed unanimously, 7 -0. Daly opened the Council deliberation. Tjossem said she struggled with what the Council can do or should do. The conditions have become incredibly restrictive. An average wedding with 150 people now costs between $25,000 to $50,000. Is this facility still marketable at this price and with these restrictions. Can it be financially viable, too. She stated she believes PEC made the right decision. Rogers said this started with the ballot initiative and that language was to provide for expansion and improvement of the golf course clubhouse and the Nordic Center and for a multi -use commercial space. In her role in a quasi - judicial capacity, she does not believe the PEC approved any new uses that were not already going on. PEC made the appropriate findings and there is no error in their process. Moffet said ditto to Rogers comments. The ballot received an 85% approval. There is compelling evidence to support overturning the PEC decision. Kurz agreed with Rogers and Moffet. Although he's the oldest person sitting at that table, he continues to think about the future of Vail and moving Vail forward. He will vote to uphold the PEC decision. Foley stated Council should not do this project with all this opposition. He agreed with Tjossem's comparison of can and should. Town Council Meeting Minutes of June 4, 2013 Page 8 Donovan said this had been an interesting discussion and thanked the public for their thoughtful comments. Tjossem's concerns made sense. Given this is a quasi - judicial issue, she said she does not believe the PEC recommendations or decision were flawed in their process. Daly said the scope broadened as it progressed, but in four PEC meetings, modifications were made in response to concerns. Parking has enforceability, which would lie squarely on the shoulders of the VRD. Guests and residents will be proud of this facility. PEC's identification of issues and efforts to resolve them has provided greater protection for this neighborhood than for any other in the town. He stated tents are outside the CUP, but that he is aware over the years promotional tents have been set up at various locations throughout the golf course. The PEC's job is to look at what is best for our community. It's been an open, comprehensive process, although also emotional, but it will make us a better community. PEC did not err in their review. Moffet moved, with a second from Kurz, to uphold the PEC decision, including the findings incorporated in the June 4, 2013, memo to Council. All findings are to be incorporated by reference, having previously been read in full into the record by Ruther. Tjossem noted even though she has reservations about the future, she will vote to uphold the PEC decision. A vote was taken and the motion passed. 6 -1 (Foley opposed). The sixth item on the agenda was Adjournment. There being no further business, Moffet moved to adjourn the meeting at 9:10 p.m., with a second from Foley. A vote was taken and the motion passed unanimously, 7 -0. Attest: Respectfully Submitted, Pam Brandmeyer, Assis t Town Manager Town Council Meeting Minutes of June 4, 2013 Page 9 Vail Town Council Meeting Minutes Tuesday, June 18, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Jonathan Levine approached about scheduling a meeting on the past winter's approach to licensing all commercial transit vehicles and was told it would be held at some time in the future. Jim Lamont stated some traffic concerns with the water district's construction project on Potato Patch Drive. A meeting with the contractor, the district and the town is scheduled for June 24. The second item on the agenda was Consent Agenda. 1) Holy Cross Energy Utility Easement to power to the ATT tower sites located at Public Works: Council had no questions about the first item. 2) MOU State Digital Trunked Radio System. Daly said he assumed this was done through Dispatch, so the costs would be shared with all user groups. Dwight Henninger, Police Chief, said there would be no costs to the town as long as the agreement was signed for a 5 year commitment. Kurz moved to approve the Consent Agenda, with a second from Donovan. A vote was taken and motion passed unanimously, 6 -0. The third item on the agenda was Town Manager Report. Stan Zemler, Town Manager, asked the Community Development Director, George Ruther, to present information about stream tract signs that are currently being placed along the corridor to show the delineation of the town's stream tract. In a memo presented to Council, Ruther outlined the public outreach underway to publicize this public initiative. In an attempt to clarify the boundaries, 60 signs have been strategically placed. As this work was being conducted, another 20 properties were found to be in violation of encroachment onto public right -of -way. In this effort, Ruther said town staff had erred on the public's side of the encroachment, in an attempt not to be punitive in any manner. Signs are informational and have been Town Council Meeting Minutes of June 18, 2013 Page 1 strategically set. Multiple letters have been sent to adjacents about protection of this riparian corridor and the need to stop detrimental practices. Henninger also indicated that as the community gears up for another wildland fire summer, key staff had attended a FEMA organized table top exercise for several days the week prior. The fourth item on the agenda was dismount zones Vail Village. Chief Henninger introduced the topic, stating this had been added to the evening public hearing in order to allow public discussion. He said it was possible to put a dismount policy together, just as the town has done for parking, skate boards and other uses of the public right -of -way. Rogers said Council had received a fair amount of a -mails on the topic, with the vast majority in opposition to them. Especially in a pedestrian community where the town is encouraging walking and biking, this does not make sense. It is the wrong solution for a very narrow problem. Bike shops are making a living off renting bikes so it's a part of our economy. Henninger said people may be more afraid of the down mountain bikes that can look fearsome, are noisy and sometimes are traveling too fast as they come off the mountain. Daly said the town should avoid mandatory dismount zones. Instead signs during peak times could be a better remedy and reminder. Henninger encouraged Council to allow the Event Review Committee (ERC) the ability to make a discretionary call on when these signs might be posted. Kurz agreed with both Rogers and Daly's comments. Tjossem said to use caution with a proliferation of signs, which just seem to add clutter. Moffet said there's really a greater issue on Bridge Street but there's just no way to regulate it out. Staff should be asked to suggest to people that they slow down and to exercise common sense. Donovan said to do nothing. Daly summed up the discussion by saying Council seemed to agree on posting no signs, while urging the police to talk to unsafe riders. Under public discussion, Jonathan Levine observed older people seemed to be more out of control. Self regulation works well. Tom Neyens thanked the Council saying biking was a big part of what we do. He suggested Council might consider a "slow zone" on town maps and to enforce the rules that are currently in place. A little more enforcement would be good. Dawes Wilson, who has been commuting through the Village for over 30 years, said many bikers use a bell. He suggested people are more scared of those carrying skis. He said the Village was also a safe area for kids to ride. Erik Brofos agreed with all of the public comment and said permanent dismount zones were not the solution. Daly concluded by saying no posting of signs would occur; however, if someone is not riding respectfully, Police contact is appropriate and will occur. The fifth item on the agenda was RAMP & Lionshead Landscaping Medians Update and available TIF funding. Town Engineer Tom Kassmel told Council this presentation would detail funding matches for projects with Colorado Department of Revenue (CDOT) that would not preclude future projects. He started with the first project, Simba Run, that would provide a third option for crossing the interstate. This project has been discussed since the early 1990's and is referenced in numerous Vail master plans and transportation related Town Council Meeting Minutes of June 18, 2013 Page 2 documents, including the 1 -70 PEIS. It would provide connectivity between the North and South Frontage Roads for vehicles, pedestrians, bicycles and transit operations. The total cost submitted for RAMP funding is $20.6M. In order to provide the best chance of success in the selection process, the town has submitted a match of $6.0 M or 29% to be funded by Vail Reinvestment Authority (VRA) and Tax Increment Funding (TIF) dollars. Kassmel stated that currently a feasibility study is underway, a public meeting will be held in August, as well as further meetings with Council. This project has been studied extensively. Donovan asked if the town really needs this. She said it had originally started out as just a pedestrian and bike path need, but now has been expanded to include an express bus option. Kassmel replied that currently the red and green feeder lines provide service for outlying areas. This could provide a more direct connection from West Vail and Timber Ridge to Ever Vail. Daly asked how this would further address the degradation of the town's roundabouts. Kassmel said studies show this could eliminate up to 300 vehicle trips at Main Vail and 250 at West Vail. Donovan said this is a huge construction project, which would impact the entire community. The level of impact makes it undoable. Moffet asked if this connection would extend the useful life of the roundabouts, to which Kassmel said this will be impacted by the pace of development. It would put the town ahead of the game. Rogers said she would be willing to support the project, but only if the CDOT match falls into place, with $14M coming from the state and $6M from the town. Kassmel said this is a part of CDOT's long term plan to provide relief to congestion in the town. Donovan stated Council had to give a yay or nay at this meeting but $6M could not be justified. It's a huge number. Kurz said he was in favor, as was Tjossem, citing the benefit of connectivity between neighborhoods. Moffet agreed. A vote was taken and it passed 5 -1, Donovan opposed. The next item up for consideration was the Frontage Road Improvements. The submitted total project is $23.3.M, of which, $4.6M has already been constructed by the town in the form of widened bike lanes and shoulders over the past few years, and $5.OM is currently in the town's budget from TIF and RETT for additional improvements over the next couple of years, thus totaling an available town match of $9.6M or 46 %. The town's improvements reflect current CDOT standards for structural overlay. If the town should ever take over the Frontage Roads, needed capital expenditures would already have been made. Donovan said she thought Council had been pretty clear they did not want to keep adding asphalt. She does not support turn lanes, and the community doesn't want them either. Rogers said as long as medians were included, she was in favor of it. Kassmel stated the project from the Lionshead Parking Structure to the Ritz would have medians. Council will determine others. Also, if the town takes the Frontage Roads, Council would determine turn lanes. Tjossem said she agreed with Donovan on this project, given it would add more urbanization. Kurz disagreed, saying traffic is not going to lessen and these guidelines are in the town's best interest. Where we can do it, we should. Rogers said if the town uses CDOT's money, the town can pay for medians. It's worth the investment. Moffet said they Town Council Meeting Minutes of June 18, 2013 Page 3 were already defacto lanes, they were already there. It is a moot point. A vote was taken and it passed 4 -2, Donovan and Tjossem opposed. The East Vail Water Quality project was next, with Kassmel stating this was already identified in the Gore Creek Water Quality Improvement Plan and was an ideal project to partner with CDOT. As a result of the Gore Creek listing on the 303D list, this project will catch traction sand and will be a detention area for snow. The total price for the project is $1.14M, with the town submitting a match of $440 thousand or a 39% match to be funded by the existing Water Quality Improvement Budget. A vote was taken and it passed unanimously, 6 -0. The final project was the Lionshead Landscape Medians to enhance the South Frontage Road from the Lionshead Parking Structure entry west to Vail Spa. This project is estimated at $1 M, which could be paid by the VRA with TIF dollars if the RAMP funding is not approved. Because this project doubles the amount of landscape medians in the town, increased maintenance and operation costs for irrigation, landscaping and snow removal would need to be considered in future budgets. Kassmel said a final CDOT decision would be made in September of this year. He said planning would cost around $100K and could come from savings from Lionshead projects. Kassmel said beyond 2017 revenue continues to be collected through 2030, with projected total collections adding another $38M which can be spent on other Lionshead TIF district capital projects. A vote was taken that passed unanimously, 6 -0. The sixth item on the agenda Ordinance No. 8, Series of 2013 An Emergency Ordinance Adopting a Temporary Moratorium of the Processing and Approval of all Business and Land Use Application for Private Ski Club Uses within the Town. Community Development Director George Ruther reminded Council of the horizontal zoning structure that allows uses according to stories of buildings. In this case, it had been determined that the proposed Private Ski Club uses were similar to a cocktail lounge or bar and eating establishments. His department has received numerous inquiries about spaces in both Vail Village and Lionshead. Staff is recommending a moratorium for up to 6 months so staff, the Planning and Environmental Commission (PEC) and Council have adequate time to review how these uses would impact the town's development objectives. The original intent was to allow ski storage in less desirable retail spaces. There is no doubt this is a highly desirable use and guest service amenity, but it should also be beneficial to development objectives. Once the impacts are identified, the ordinance can be repealed. Donovan said this would result in a pretty awkward timeframe, December. Town Attorney Matt Mire said the standard is 6 months for a moratorium. Ruther said if a shorter time was approved, they may have to extend it anyway to buy some more time. Under Public Comment, Jim Lamont, Vail Homeowner's Association, said vehicular traffic would need to be considered once a similar use is established. He said to be careful with the process, and perhaps this should be looked at through the neighborhood's consideration of whether this is an improvement. As an example, he said Founders Plaza drop off has created a unique traffic situation for both drop off and pick up. It might allow for a greater variety of use on the second floor. Town Council Meeting Minutes of June 18, 2013 Page 4 Dominic Mauriello, Planning Consultant for the applicant, said it sounded as if a decision had already been made and this needed public debate. It also suggests this is a negative use. He said a 6 month moratorium really meant a year- and -a -half delay. Lance Thompson with Four Seasons said to be careful with this slippery slope because it is so very important to Four Seasons operations and guest services. It is fortunate that it works so well for their operation and that we should not get trapped in this conversation. Tom Neyens said he's has run a ski storage operation successfully from a basement space for 23 years. There is plenty of space available in both villages. It's the easiest way for the landlord to make money, but if approved, the town will continue to lose good retail space and sales tax. Tjossem questioned whether the review process would really take 6 months and this was a discussion about service versus retail. Ruther said it might not take 6 months, but if the preponderance of space is going to ski storage, there's not much of an argument to support this is a use by right for a cocktail lounge and bar. It is a valued amenity to store skis in a convenient location. Moffet said this policy is explicitly displacing established development objectives and he's not comfortable with allowing more. Originally, there were substantial "club" requirements. Kurz agreed with Moffet, stating this was necessary at this time and could potentially change the character of the village. Daly suggested Council explore what's been successful and what has not. Ruther clarified any modifications would not affect existing "clubs," although review of the interiors and use allocations would most likely occur. Rogers said this would be a difficult thing to quantify, since members of these "clubs" are most definitely spending money in the Village. Moffet moved to approve, including Rogers removal suggestion in the second to last "whereas" clause the wording "the operation of, and," with a second from Kurz. A vote was taken and the motion passed unanimously, 6 -0. The seventh an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Design Review Board's approval, with conditions, of a design review application for minor exterior alterations to expand storefront windows at 158 Gore Creek Drive Unit 132 /1-ots A, B, and C, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. Ruther introduced the item stating the Vail Town Council appealed (called up) the approval of DRB130090 by the Design Review board. The application had been to expand the storefront windows of the Gore Creek Gallery and Books store. Ruther said the question to be answered was if the Vail Village Master Plan and the Vail Village Design Considerations were properly applied in the decision to allow exterior alterations to the storefront at 158 Gore Creek Drive Unit 132. He said it had not been just dumb luck when the knee wall requirement was put in place to preclude any ground floor to ceiling windows, in that it helped keep the character of the Village in tact. Abandoning the tradition of knee walls (18 to 24 inch base walls) will foster a new, intractable direction for the character of the Vail Village and a departure from the governing documents. This review should underscore the aim to preserve the Village's character and prevent its degradation. Staff is recommending the Council approve, approve with modifications or oppose the DRB's ruling. Town Council Meeting Minutes of June 18, 2013 Page 5 Moffet suggested there could be no solution at this meeting and the wisest course would be to approve with modifications so the staff and applicant could work together to come up with a compromise. Tjossem asked if they went that direction, how could they send this message to the DRB. Her concern was whether approval with modifications sent a strong enough message to the DRB. Dominic Mauriello, Planning Consultant for the applicant, said the actual town guidelines do require interpretation. The applicant is adding just 15 inches of additional glass, and the guidelines were originally intended for the buildings themselves, not the storefronts. This particular location is somewhat set back from the pedestrian flow and variety helps traffic. A lot of what's included in the plans and guidelines speaks to exceptions. Daly noted on their site visit earlier in the day he had seen some uniformity among the storefronts. Mauriello said the guidelines were written in 1980 and not every policy would work for every store front. He asked Council to uphold the DRB decision because this application was appropriate and transparent for a smaller storefront. Donovan asked for the total height of the window, to which Ruther said 7 feet, 7 inches. He said the guidelines gave a notion of variety, color, trim and merchandizing. If Council reflected on Tom Braun's previous presentation on preservation, he spoke to identifying distinctions in the guidelines that create that character. Mauriello said the policy may need to change. Ruther asked what didn't work. Ruther said the floor to ceiling doors in Mountain Standard and other restaurants as Mauriello had named were in place to provide record doors that allow both an indoor and outdoor experience. He also noted Solaris is outside the guideline area, although many of Mauriello's examples were at that location. Moffet noted the site visit had been quite instructive. While it may be quaint, it "aint" broken. He moved to approve the application with modifications and the condition the double doors should stay. Donovan seconded with a further clarification this motion allows the applicant and staff to work out a suitable solution. A voted was taken and passed unanimously, 6 -0. The eighth item on the agenda was an update regarding recent legislation concerning the regulation of the retail sale of recreational marijuana, which is now referred to as "adult use marijuana." House Bill 13 -1317 ( "HB 1317 ") set forth the licensing structure, House Bill 13- 1318 ( "HB 1318 ") addresses taxation and Senate Bill 13 -283 ( "SB 283 ") addresses miscellaneous provisions in the Colorado Revised Statutes concerning marijuana use. Mire introduced the item as the regulation of retail sale of recreational marijuana, which is now referred to as "adult use marijuana." By October 1, 2013, all local jurisdictions are required to either prohibit retail marijuana sales or adopt an ordinance identifying the entity with the town that will be responsible for processing applications. He also noted if the Department of Revenue (DOR) fails to adopt regulations by July 1, 2013, or fails to process and issue licenses as dictated in HB 1317, applicants are entitled to apply directly to the town for licensure unless the town has adopted an ordinance prohibiting the retail sale of marijuana. The town needs to decide if it wishes to get into this business. Sales tax would apply and they could also add an excise tax. The current Council imposed moratorium ends August 6, Town Council Meeting Minutes of June 18, 2013 Page 6 2013, so Council needs to have something in place. If Council bans marijuana now, it can end at any time. Another possibility is it could be kicked back to the electorate for a vote. Rogers asked if the medical marijuana operation had to be located within the town. Mire said yes. Brian Rogers, who runs an operation in Breckenridge, stated he had an opinion from his attorney that an outside operation could apply within the Town of Vail, but given the Council had not yet weighed in and vetted the issue, he would defer his comments. Mire said he would re -check his information. Jim Lamont said because of the complexity of this issue, Council should allow the public to vote. He believes on a grass roots level, people are really looking at this differently. He also suggested getting input from our Mexican and international guests. Daly asked what the Vail Homeowner's Association stand was. He asked if Lamont was suggesting what Council decides could define national policy. Lamont said there were many powerful people here and this could have a larger ripple effect. Rogers said marijuana should be legally regulated and taxed. It was overwhelmingly approved by Vail voters and countywide. Why fight it. Regulations and taxation were the next issues at which Council should be looking. She would be opposed to any motion contrary to what the people of Vail directed. Moffet said he was inclined to agree with Rogers, since otherwise we will be encouraging people to drive outside of town. He is inclined without committing. Kurz is conflicted because he saw a lot of 18 to 24 year olds voting on this issue. He does not agree it was an overwhelming vote. Donovan said she was a big, fat "maybe." More questions have been raised by the memo. The weight of enforcement is an issue, as well as the perception Colorado has become the pot head state. She would like to wait for the state to enact guidelines. She's in favor of the moratorium because we'll be regulating something that's very, very, gray. Vail has an international reputation and is this what we want to have as a part of our brand. There were many varied motivations for 64. She would like to revisit it in a year or a year- and -a -half. We don't want to be a test community. Daly wanted to delay making a decision since there's still no ruling from the feds. The town has long- standing relationships with our international guests. He suggested extending the moratorium until January 1, 2014. A vote was taken and it was approved by 4 -2 (Rogers and Moffet opposed). Rogers said she was OK with extending the moratorium to this date and would like to see it added to the July 2 agenda. Mire said the town has already cleaned up its code to coincide with the state. The ninth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a development review application for the review of a variance from Section 12- 713-15, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17 Variances, Vail Town Code, to allow for the review of a major exterior alteration or modification, pursuant to Section 12 -713-7, Exterior Alterations and Modification, Vail Town Code, to allow for the construction of additions, located at 225 Wall Street/Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. Moffet moved to table the item at the applicant's Town Council Meeting Minutes of June 18, 2013 Page 7 request to the July 2 meeting, with a second from Donovan. A vote was taken and the motion passed unanimously, 6 -0. Ruther reminded Council of a joint meeting this Friday, June 21, hosted by the Vail Valley Medical Center and the town to specifically discuss the helicopter placement. It is scheduled from 12:30 to 2:00 p.m. at The Grand View and light refreshments will be served. The tenth item on the agenda was Adjournment. There being no further business, Moffet moved, with a second from Donovan, to adjourn the meeting. The motion passed unanimously, 6 -0. Attest: Respectfully Submitted, Andrew P. Daly, Mayor �,_�U�ut�C��l • LV' Pam Brandmeyer, AssisUnt Town Manager Town Council Meeting Minutes of June 18, 2013 Page 8 Vail Town Council Meeting Minutes Tuesday, July 2, 2013 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 Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Absent: Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. There was none. Daly gave condolences to the Moffet family due to a death in the family. Donovan thanked Lauren Glendenning, reporter for the Vail Daily, for the reporting she has done concerning the Town of Vail. Donovan stated Glendenning has a new position and will be working at Colorado Media's office in Gypsum. The second item on the agenda was Consent Agenda. 1) On the approval of the June 4 Council minutes, Foley made some minor administrative changes. Kurz moved, with a second from Rogers, to app rove the minutes with these corrections. A vote was taken and the motion passed unanimously, 6 -0. On the June 18 minutes, Foley again suggested a couple minor administrative corrections. Donovan moved, with a second from Kurz, to approve these minutes l '' corrections. ed not attend that me et ng, a vote w s t ken and the motion passed 5 -0 -1 (Foley abstaining). The third item on the agenda was the Town Manager Report. Stan Zemler, Town Manager, informed Council about a legal agreement with the Vail Valley Foundation, which gives the Foundation until 2017 to pay back the town for the Ford Amphitheater improvements. Daly requested Council have an opportunity to review the $1 Million repayment agreement. Zemler, asked the Chief of Police, Dwight Henninger, to provide Council with a recap of the first season since the Vail Passen4er Transportation Ordinance passed. Henninger stated over 500 operating permits have been issued, generating $17,000.00 in revenue for the Town Council Meeting Minutes of July 2, 2013 Page 1 town. The Police Department hosted a meeting in January with the private transportation carriers to hear their concerns and suggestions for improvements. Henninger stated his department will look at implementing some of those ideas for the 2013 October kickoff, such as smaller sized permits. No changes to the ordinance are recommended. The fourth item on the agenda was Eagle River Water & Sanitation District (ERWSD) water supply update. Diane Johnson, with ERW&SD, provided a water supply outlook to Council comparing the drought intensity of this year to last year for the State and County. Last year Eagle County's drought intensity was at a D2 and D3 level and there was no rain from May 24 — July 2, 2012. On April 23, 2013, Eagle County's drought scale intensity was reduced to a D2 (moderate) due to the snowpack level being 75% normal in April. The Gore Creek is currently running at 278 CFS, 94% of normal and the Eagle River streamflow is 603 CFS at 65% normal. The three water supply priorities are: Public Safety and Health; Local Economy; and Reliability of the Public Water System Operations. The water is managed by the implementation of water use regulations such as every other day water schedules and no watering on Mondays or in the middle of the day. Johnson stated there has been great cooperation from the town and others with irrigation permits and other water use coordination. Foley asked for an update on the Potato Patch utility project from fellow council members who reside in that area. Rogers gave kudos to the flagging crew for their work and also stated she has heard concerns from neighbors about possible road damage being caused by the heavy equipment. Daly requested water trucks on the weekend making a couple passes to help with keeping the dust down. The fifth item on the agenda Ordinance No. 9, Series of 2013 An Ordinance Extending the Temporary Band on Marijuana Establishments in the Town, Pursuant to the Newly Enacted Section 16 of Article XVIII of Colorado Constitution (Amendment 64). Town Attorney, Matt Mire, explained the ordinance Council passed in January, which temporarily bans marijuana establishments within the Town of Vail, expires on August 6, 2013. Ordinance No. 9, extends the temporary ban until January 21, 2014. Town Attorney Matt Mire presented the ordinance, based on previous direction from the Town Council. The moratorium extending the temporary ban on Marijuana establishments in the town would run until January 21, 2014. He said the Colorado Department of Revenue had just issued its temporary guidelines, so this would provide time for Council to work through these regulations. Rogers was concerned that the final "whereas clause," reading: "during such time, the Council finds and determines that it is in the best interest of the public health, safety and welfare for the town to extend the temporary ban on the location or operation of marijuana establishments in the Town until January 21, 2014," in that it did not prohibit the filing of applications. Donovan asked whether the question of someone not already operating in the town could transition to this license. Mire clarified if you are currently operating now, you could apply to transition to recreational marijuana, although attorneys across the state, as reflected in the recent Colorado Municipal League conference, hold varying opinions. Donovan asked that perhaps we use some of the public space we have in the Vail Daily to start clarifying these new uses, since there is Town Council Meeting Minutes of July 2, 2013 Page 2 %, i - V considerable misunderstanding across the town. Tjossem said the Vail Local Marketing District Advisory Council had a recent discussion on how exactly to craft that message. Rogers asked if people could sell adult use marijuana on January 1, 2014. Mire replied that it's currently legal for adults 21 years of age to buy marijuana in the State of Colorado, but this ordinance would allow staff time to review the State's upcoming regulations and the potential impacts to the town. Donovan requested a bullet point outlining Amendment 64, for citizen awareness. Tjossem suggested Vail Resorts join the conversation as the town considers how to address Amendment 64, as it affects their brand too. Foley moved, with a second from Kurz, to pass Ordinance No. 9, Series of 2013; with Rogers clause change, on first reading. A vote was taken and the motion passed unanimously, 6 -0. The sixth item on the agenda was the Lionshead Parking Structure Entry Improvements. Tom Kassmel, Town Engineer, and Pedro Campos, with Zehren and Associates, provided a PowerPoint to Council presenting two options for the 2014 entry improvements to the Lionshead Parking Structure. There are currently three primary operational issues: transaction rates and equipment, Frontage Road traffic flow and a circuitous route to exit and layout. Option 1 is to separate and offset the entry and exit lanes which will eliminate confusion and increase vehicular queue capacity. This would widen the entry/exit plaza to accommodate more vehicles and to add one additional lane to provide three entry and three exit lanes. Also by widening the entry/exit plaza, the town would still maintain the ability to convert one lane to a reversible lane for future needs as necessary. Option one would also widen the top exiting parking structure ramp to accommodate two lanes of exiting vehicles and demo the existing four attendant booths and replace with two new attendant booths and one supervisors booth. Remaining lanes would have only automated equipment. By adding an architectural feature roof above the main entry/exit point, guests entry experience and recognition would be enhanced. Booths and equipment would be protected and there would be the ability to install easily recognizable overhead signage. It is intended for the roof structure to complement the existing LH Transit and Welcome Center buildings. This option also provides new striping and signage at the entry intersection to better designate lanes and identify the entry from the Frontage Road. No other Frontage Road improvements would be done at this time, so that necessary turn lanes are not triggered by the Colorado Department of Transportation (CDOT). Additional landscaping would break up the hardscape and buffer the visual of the charter bus lot while, still providing access to the Charter Bus lot. Snowmelting the entry/exit transaction areas at a minimum would provide a better guest experience, eliminate the need to plow within confined entry/exit lanes and, eliminate gate loops so they function properly at all times. A possible additional option is to provide heated or non - heated pavers for the entire entry/exit plaza. Option one is the recommended option. Option 2 includes the same improvements in option one with the addition of eliminating the top exiting parking structure ramp and adding a new exit through and over the existing unused second level access. This lessens the serpentine exiting movement on the top deck providing a smoother exit pattern. It also separates the entry and exists further with a large landscape buffer and modifies a few parking spaces. Option two is not recommended Town Council Meeting Minutes of July 2, 2013 Page 3 v due to the impacts to the Charter Bus lot. An "add" option is recommended with either of the proposals. This add option provides a lower level "express exit" for pass holders and reconfigures the existing skier drop off to function more safely and more efficiently by creating a one way skier drop off loop. This option relieves some congestion from the top deck exit/entry without overloading East Lionshead Circle or creating the need for additional attendants at the lowest level. It also incentivizes the use of passes and provides pass holders with a quicker and more seamless experience. Kassmel explained the current total budget for this project is $1.2 million. If Council would like to move forward with the recommended option, the budget will need to be supplemented from the Tax Incremental Financing (TIF). The current TIF projections show a fund balance in 2017 of approximately $1.3 million, with an unallocated fund balance of $39 million through 2030. This balance assumes all currently budgeted projects move forward including the potential Responsible Acceleration of Maintenance and Partnership (RAMP) fund match for Simba Run and the construction dollars for the Lionshead medians discussed at the last Council session. Allocating an additional $1.2 million of TIF fund balance to this project would allow for Option 1 and all add options to be constructed. Kassmel also stated if Council chooses to make entry improvements and stay within the original budget of $1.2 million, the base Option 1 project could move forward without the entry roof structure. This would bring the total estimated base project cost down to $1.1 million. Donovan said good job to the group for bringing two concepts that included all the restraints and desires Council requested. The roof structure is one item she could support, but she felt the snowmelt at the entry/exit, two exit lanes and ramp was extravagant and asked if the ramp gets sun exposure. Kassmel stated the reason for the snowmelt is because it's difficult to maneuver the snow equipment in and out of the entry/exit lanes, built up ice pack makes the gates not function as they should and vehicles slide into attendant booths and equipment. The ramp does get sun exposure but there are days when vehicles cannot get up the ramp causing a backlog. Two exit lanes provide extra capacity and a faster exit. Rogers stated she will support snowmelt and double lanes. Kurz asked how the system will accommodate future technology improvements. Greg Hall, Public Works Director, responded he and his staff have been reviewing systems and how fast transactions can happen. They have looked at many systems and how they operate, their maintenance and their reliability. The current equipment is good for another 5 -7 years. The original budget for the project does not include equipment, just construction costs. Tjossem asked if another deck in the future would work with this configuration and what is the functionality of the pavers. Kassmel stated a fourth deck is possible and the pavers would add more of a plaza feeling. Daly asked if the technology will allow purchasers of Vail Resorts (VR) Epic Pass to use the pass for parking. Hall responded VR cannot provide credit card information from the Epic Pass purchase. The technology is there but the town and VR would need to work together to accomplish the one pass swipe option or the user would have to purchase another pass for parking. Town Council Meeting Minutes of July 2, 2013 Page 4 Donovan inquired if solar was possible. Kassmel said they have looked at it and the payback is not real quick but there is potential. Daly asked why now, if we are not sure about the technology equipment. Kassmel stated the construction improvements and technology improvements go hand in hand. Public Works is trying to be ready for construction in spring 2014. Daly said he is not willing to support the project at this time until Council sees that the technology improvements have been identified. Rogers said she supports the project and reminded everyone 2015 is coming. The majority of Council directed staff to move forward with the snowmelt, 2 exit lanes, ramp and the express exit on lower level. The seventh item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Planning and Environmental Commission's (PEC) approval, with conditions, of a development review application for the review of a variance from Section 12- 713-15, Site Coverage, Vail Town Code, pursuant to Qhapter 12 -17, Variances, Vail Town Code, to allow for the construction of ad 40 90900s of the prescribed site coverage; and a request for the review of a tw. ` •ation of modification, pursuant to Section 12 -76 -7, Exterior Alter ri nd Mooc! ` s, Vail Town Code, to allow for the construction of additions, loca d a't 22 tQ St�et/Lot B, Block 5C; Vail Village Filing 1, and setting forth details in �gaid + ; •1 � f Warren Campbell, Chief of Planning, stated the= ge4 tjQp.te'be *hswered by the Vail Town Council regarding this appeal are were the regU11 Commercial Core 1 district, Vail Village Master Plan and the Vail Village Urban uide Plan properly applied in the decision to allow for a variance and major exterior alteration or modification to the Wall Street Building located at 225 Wall Street. Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Planning and Environmental Commission's May 13, 2013, decision. Michael Suman, Wall Street Building's architect, and Campbell provided Council with a presentation that demonstrated before and after drawings of all four views of the project. Storefronts would be moved forward to the location where the brick pillars currently are on the first level. Windows on the second floor will be changed out, an additional retail space will have been created by moving the lower storefronts forward and the balconies might be updated. Rogers said she feels there are no problems to the PEC findings. Kurz agreed with Rogers and thought it will be an improvement. Kurz made a motion, with a second from Donovan, to uphold the PEC decision contingent on the Design Review Board (DRB) requirements. Daly asked if there was anyone in the public who would like to speak. Tom Higgins of American Ski Exchange approached the podium in support of the project, but does not agree with the PEC decision concerning the easements, which will eliminate his outdoor displays. It feels arbitrary. Tjossem asked Higgins if his point was to make it so no stores can have racks town wide. Higgins stated he would like it to be a fair playing field and consistent throughout town. The Wall Street Building has been unattractive for a long time Town Council Meeting Minutes of July 2, 2013 Page 5 and he thinks the project will be good for all of the town, but the easement restraints are difficult. With no other public comment, the motion passed unanimously, 6 -0. The eighth item on the agenda was Adjournment. There being no further business, Foley moved, with a second from Donovan, to adjourn the meeting. The motion passed unanimously, 6 -0. Respectfully Submitted, Attest: L—�� Andrew P. Daly, Mayor w A Tammy Nag ell, AA Tow 6 4k le Z 7 ' LL Town Council Meeting Minutes of July 2, 2013 Page 6 Vail Town Council Meeting Minutes Tuesday, July 16, 2013 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 Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. Stephen Connelly, local home and business owner, complemented how great the America Days parade was and how wonderful the Betty Ford Alpine Gardens and the town are looking. Connelly also stated he was driving by the ball fields during the Lacrosse Shootout and noticed they had signs on the fields representing all of the sponsors of the event. Connelly suggested the town allow tasteful sponsorship signage on the ball fields which would assist with raising money for the Vail Recreation District (VRD). Jonathan Levine, owner and operator of Hummers of Vail, addressed Council about his concerns regarding the transportation ordinance. Levine stated he was not requesting the Council revoke the transportation laws, but to address the issues. Donovan stated the Chief of Police, Dwight Henninger, shared how the ordinance was working with the Council at the July 2 meeting. Rick Scalpello, co- founder of the Farmers' Market, felt the statements made in the Commission on Special Events (CSE) Memorandum dated July 16, 2013, which was provided to Council in today's work session, are outrageous and reflects CSE's dislike of the Farmers' Market. Scalpello expressed his concerns for the future of the Farmers' Market. Scalpello stated the Farmers' Market in the past has had 145 tents and the CSE requested the event producers reduce the number of tents to 100 due to congestion. According to Scalpello, congestion is good. Scalpello suggested the Town Council Meeting Minutes of July 16, 2013 Page 1 Council direct the CSE to stop managing the events and to direct the Event Review Committee to allow the Farmer's Market to have 145 tents. The second item on the agenda was the Town Manager Report. There was none. The third item on the agenda was the Presentation of the Request for Proposal (RFP) Review Committee Recommendation for Welcome Center /Host Program Operator. Suzanne Silverthorn, Community Information Officer, provided a brief recap to Council on why the RFP was issued. Silverthorn stated 2 years ago Council identified and approved "Customer Service" as a top priority to compliment the completion of Vail's redevelopment. In 2011 a RFP was issued requesting proposals for a plan to expand the quality and integration of services to enhance the guest experience for all seasons. Comart Stanec was awarded that contract. Silverthorn introduced Tara May, a representative of Comart Stanec, who assisted in facilitating the review of the Welcome Center /Host Program Operator RFP responses. May stated the five members Welcome Center /Host Program RFP Review Committee represented a range of business interests, including lodging, retail restaurant and recreation. May assisted the committee by providing structure and guidance throughout the process. May stated the committee members used a rating scale of 0-4 when reviewing the applications in accordance with the RFP guidance of vision alignment, business plan and qualifications. The applicant, Callosum Creative, rated the highest of the three finalists. Callosum provided a vision of customer service and community integration that aligned with the Town of Vail and had a competitive budget estimate. Under Public Comment, Jennifer Bird, asked May if there was a point differential between the incumbent and the new proposer. May said this was not a horse race. Callosum stood out above the others. Connelly has worked for the information booth and feels Bobby Bank, Vail Info Inc., has done a great job the last eight years and the local businesses have given Bank their support. Annette Raymer has worked for the information booth for ten years and stated Bank has earned the respect of the team. Raymer also stated Bank has incorporated the changes the town has requested. Bob Wileby is a fourteen year resident and volunteer in guest services. Wileby stated Bank has run the program very professionally. Bank has a friendly team with good managers and excellent coaches. Fred Gannon asked if the evaluation process put a lot of weight on technology. Gannon does not feel it serves the town well if the hosts have ipads to provide answers and directions. Town Council Meeting Minutes of July 16, 2013 Page 2 Ronnie Baker agreed with previous public comment. He too does not feel the hosts should have ipads. Baker stated he provides personal attention to the guests and would rather walk the guest to their destination then to find the location on a map on the ipad. Jack Gardner, who first appeared in Vail in 1975, said the community hosts do a superior job because of their current contractor. He echoed the comments of his colleagues. He'd reviewed both proposals and found he could understand every word in Bobby's but Callosum's was arcane and used hippy words. Kirsten Texler said she has seen a lot growth and changes since she has been in Vail and acknowledged that change has been hard, but it has worked. A different view and idea are needed and that is why she endorses Callosum Creative. Michelle Cahill also supported the committee members choice of Callosum Creative and encouraged Council to remember why they requested the Welcome Center /Host Program to go to a RFP. Michael Cacioppo finds it a tough decision to select Callosum Creative when one of the keys players is no longer part of that team. Cacioppo went on to say that experience counts and an endorsement of anyone new is a gamble the community cannot afford. Pam Thorne, a long time valley resident who works for Bank, stated if you lead with trust, kindness and a smile you will not have any problems. Bobby Bank, Vail Info Inc., stated he is proud of his business success and has received a 5 Star Service Recognition Award. Bank stated he feels he has incorporated the town's requests with things like social media and the Host program. Bank said he and his team do everything in their power to help the guest have a great experience. With public comment closed, Daly asked if Council members have any questions. Kurz stated he felt the process was professionally well done and fair. Kurz stated change is something we don't necessarily like but he will be supporting the recommendation of the committee. Moffet said customer service is what this RFP is about and the only way to get good customer service is one -on -one contact with the guests. Moffett stated he feared the process was missing experience. Moffet went on to say that employees come back for money, management and being happy to come to work. Moffet said he is having an incredibly hard time supporting the committee's recommendation. Rogers is not sure why there was an RFP issued. Rogers stated we have an obligation to a person who is doing a good job, to give them the opportunity to make the changes the town is requesting. Rogers felt it was too close to the 2015 World Championships Town Council Meeting Minutes of July 16, 2013 Page 3 and asked if we could afford to take a chance on a new operator. Rogers said she does not feel the town has a problem and she would rather work with a known entity. Foley said he has worked with Bank and his team. Vail Info Inc. does assist guests with booking lodging online and that Bank does not receive a commission for that service. Foley could not see a reason to make a change in operators at this time. Tjossem said it was very difficult for her to override the committees' recommendation since the committee knew the current operator had eight years experience and they still made a unanimous decision to go with a new operator. Tjossem acknowledged different is scary, but every time Council has gone a different direction it has always worked out for the best. Tjossem is in support of the committees' recommendation. Donovan said this was one of the most difficult decisions she'd had to make since being on Council but she could not ignore the support of the community so would support Vail Info Inc. Daly stated the process is about the management relationship with the Town of Vail staff. It is unprofessional and not working. Daly went on to say the committee was made up of lodging, restaurant and the resort community and he will be supporting their decision. Ludwig made a motion to enter into a contract with Callosum Creative, with a second from Tjossem; and the motion was defeated 3-4 (Foley, Moffet, Rogers and Donovan against). Moffet made a motion to extend the current contract with Vail Info. Inc. with performance standards and a three year termination clause, with a second from Donovan. Motion passed 4 -3 (Tjossem, Kurz and Daly opposed). Rogers requested to see the agreement between the town and Vail Info Inc. at the August meeting. The fourth item on the agenda was a final review of an appeal of a Design Review Board decision, pursuant to Section 12 -3 -3C, Appeal of Design Review Board Decisions, Vail Town Code, appealing a decision by the Design Review Board approving a minor exterior alteration for the realignment of the 18th hole at the Vail Golf Course (DRB130191), located at 1775 Sunburst Drive /Unplatted Parcels, and setting forth details in regard thereto. George Ruther, Community Development Director, started with the decision on position of standings, stating there are two criteria to consider when making the decision on standing and that is as an adjacent property owner and a determination that an appellant is aggrieved or adversely affected. Ruther said the appellants in this case are Landon Hilliard, III; Olson Family Trust; R. Glenn Hilliard; Starfire Company, Ltd.; Town Council Meeting Minutes of July 16, 2013 Page 4 Deborah Webster; 1835 Sunburst Drive, LLC; Richard and Mary Celeste Callahan; and Samuel and Luleta Maslak. All appellants are represented by the law firm Holland & Hart, who submitted a complete appeal form to the town believing they are all aggrieved or adversely affected as well as seven of the eight appellants are adjacent property owners. After review, the administer, George Ruther, determined that Landon Hilliard, III lacks standing in this matter both as an adjacent property owner and as an aggrieved or adversely affected person. The other seven appellants, Olson Family Trust; R. Glenn Hilliard; Starfire Company, Ltd.; Deborah Webster; 1835 Sunburst Drive, LLC; Richard and Mary Celeste Callahan; and Samuel and Luleta Maslak, maintain standing as adjacent property owners but lack standing as aggrieved or adversely affected persons. Holland & Hart submitted a letter of explanation of how the appellants are aggrieved or adversely affected date stamped June 25, 2013. Ruther stated upon review of the letter, the staff determined that none of the appellants are aggrieved or adversely affected by the approval of the minor exterior alterations at the Vail Golf Course. Staff's determination was based on the considerations 1 through 8 that are listed on the staff's memorandum to Council dated July 16, 2013. Deborah Webster, owner of the property located at 1825 Sunburst Drive, stated it was her understanding that either criteria confers standing. Webster asked if all appellants are considered adjacent property owners or is Landon Hilliard not considered an adjacent property owner. Ruther responded staff determined Landon Hilliard, III, lacks standing in this matter both as an adjacent property owner and as aggrieved or adversely affected person and the remainder of the appellants are adjacent property owners. Webster stated she would leave it up to their attorneys to decide if Landon Hilliard is an adjacent property owner. Moffet made a motion to adopt the staff recommendation of standing that Landon Hilliard, III lacks standing in this matter both as an adjacent property owner and as aggrieved or adversely affected person; Olson Family Trust; R. Glenn Hilliard; Starfire Company, Ltd.; Deborah Webster; 1835 Sunburst Drive, LLC; Richard and Mary Celeste Callahan; and Samuel and Luleta Maslak, maintain standing as adjacent property owners but lack standing as aggrieved or adversely affected persons, with a second from Rogers. The motion passed unanimously, 7 -0. Daly closed the hearing on standing and Council moved on to merits of the appeal. Ruther provided a brief history on how we got to the appeal stating on June 19, the Design Review Board (DRB) held a public hearing on the DRB 130191 application from the Vail Recreation District (VRD) for minor exterior alterations and 18 hole realignment of the Vail Municipal golf course. A motion was passed 3 -0 -2 (two members recused) approving the application as submitted. On June 25, 2013, the Community Development Department received a complete appeal form from attorneys Holland & Hart LLC on behalf of the appellants, stating the appellants are adversely affected. The DRB sits in a quasi judicial role and therefore had to decide if the DRB applied the Town Council Meeting Minutes of July 16, 2013 Page 5 design guidelines outlined in Chapter 14 of the Vail Municipal Code in the review of this application. VRD's application proposes to remove and transplant existing vegetation on the golf course; replant new landscaping; transplant existing trees; complete re- grading the existing 18 tee box area and reconstruction of a new 18 tee box, which included a four foot high retaining wall. It called for the relocation of the 18 green and hole. Webster requested clarification of why Landon Hilliard is not considered an adjacent property owner and if it is based on distance from the 18 tee or green. Ruther stated Hilliard's property is not immediately adjacent to the golf course because it is separated by additional private property and a Town of Vail right -of -way. Webster stated the appellants do not believe the VRD's application complies with the guidelines as stated in the correspondence from their attorneys dated June 21, 2013. The appellants do feel the VRD's application is related to the overall complete clubhouse project. Matt Mire, Town Attorney, asked if Ms. Webster speaks for all the appellants and she responded she did. Ruther stated the appellants are alleging the following eight reasons for their being adversely affected: the application is connected to the town's clubhouse plans; the DRB refused to recognize and exercise its responsibility under the municipal code; the application does not comply with the Vail Town Code 12- 11 -1.D; the VRD application does not make reasonable provision for pedestrian and vehicle traffic; the VRD application does not make reasonable provision for sound and sight buffers; the VRD application does not make reasonable provision for preservation of light and air; the VRD application does not make reasonable provision for affects on neighboring land uses; and the VRD application does not relate harmoniously with the neighboring land uses. Ruther went on to say in accordance with the information that was presented to the DRB plus testimony and evidence, staff is recommending the Council uphold the June 19 DRB decision which approved the design review application for minor exterior alterations for the Vail golf course. In accordance with the information, evidence and testimony presented to Council, staff recommends the Council makes the following findings of facts: the Vail golf course is located at 1775 Sunburst Drive in Vail Colorado and zoned Outdoor Recreation according to the Official Zoning Map of the Town of Vail; a golf course is a permitted use in the Outdoor Recreation zone district; a design review application is required for the review of improvements such as removing vegetation and constructing retaining walls; Design review application DRB130191 is a stand alone application; the appellants have neither demonstrated nor provided evidence that transplanting existing trees and new landscaping regarding the 18th hole tee boxes and building a four foot retaining wall violates the town's design guidelines or aggrieves or adversely affects them; and the DRB adequately reviewed the criteria and made the necessary findings when it passed a motion 3 -0 -2 (two members recused) approving the request for minor exterior alterations for the Vail golf course. Moffet made a motion Town Council Meeting Minutes of July 16, 2013 Page 6 to uphold the DRB's findings of facts, seconded by Kurz. The motion passed 6 -1 (Foley opposed). The fifth item on the agenda was a public hearing to discuss the proposed 2013 Gerald R. Ford Park Master Plan. This public hearing is a follow up to previous meetings held regarding this master plan effort. Ruther stated staff is asking for authorization to submit the Ford Park Master Plan application to the Planning and Environmental Commission (PEC) for consideration. Tom Braun, with Braun Associates, showed Council three potential sites for the Betty Ford Alpine Garden Education Center (the tennis center, soccer field, and West Betty Ford Way). Ruther stated staff is recommending the West Betty Ford Way (WBFW) as the preferred site to erect a 3,000 sf. education center because the site has already been disturbed by the current construction happening in Ford Park, the utilities are close in proximity and there is less impact on existing Ford Park uses and facilities. Braun stated the other two sites require cooperation from outside entities due to covenants and other oppositions, and it could make the process harder and take more time. Rogers made a motion to approve further investigation of the West Betty Ford Way as a suitable site for the Betty Ford Alpine Education Center, seconded by Kurz. The motion passed 7 -0. Jim Lamont, Vail Homeowners Association, stated he does not agree with the interpretation of the covenants. Lamont said back in the days "cultural" meant education which is exactly what the Betty Ford Alpine Gardens are suggesting and the concern back then was that everything would be captured by "recreation" at Ford Park. Lamont suggested Council consider moving the tennis courts to the Donovan Park Middle Bench. This would allow the tennis building site to perhaps house an Art in Public Places (AIPP) museum, an educational center and other activities. He urged Council to get outside its current thinking box. He said all sites were viable under the right circumstances, but the solution should serve the long term outcome. Ceil Folz, with the Vail Valley Foundation, stated the Foundation would like to begin construction on phase II improvements and cannot do so until there is an approved Ford Park Master Plan. Gwen Scalpello, Betty Ford Alpine Garden (BFAG) board of directors, appreciates all the efforts of the Council and Tom Braun that have been put toward a new Ford Park Master Plan. Scalpello is concerned on the WBFW site would size constraints and if it's feasible. Scalpello also questions if taking the master plan to the PEC on July 22nd gives citizens enough notice. Liz Campbell, also BFAG, thinks the WBFW offers lots of possibilities and is a great transition spot from the upper Ford Park bench to the lower Ford Park bench. Donovan expressed concern that the proposed WBFW education center site conflicted with other adjacent use. For example, the thumping of a basketball from the basketball courts next to the proposed WBFW site could be a nuisance. Town Council Meeting Minutes of July 16, 2013 Page 7 Kurz made a motion to move the Ford Park Master Plan to the July 22 PEC meeting, seconded by Tjossem. The motion passed 7 -0. The sixth item on the agenda was first reading of Ordinance No. 10, Series of 2013, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and Heavy Equipment Fund of the 2013 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Kathleen Halloran, Finance Budget Director, reviewed Ordinance No. 10 with Council. Daly questioned the $150,000.00 in estimated overtime due to injuries in the fire department. Mark Miller, Fire Chief, stated he has had employees out for knee surgeries due to non work injuries, as well as two knee surgeries for at -work injuries. Considering out -of -cycle contribution requests. Council questioned the request from the Living Well event in 2013 and the staff recommendation not to fund the third day. Halloran stated the Council has already funded the event at $25,000 for the entire event and the $15,000.00 supplemental request was to completely fund the third day. There was no cost sharing with other sponsors. Moffet said he would not approve this request because it goes against good governance, and unless the promoter could assure $375,000 of incremental revenue, it was not supportable. Roger disagreed with staffs recommendation to not provide supplemental funding of at least $10,000.00 to the Living Well event. Moffet moved to pass Ordinance No. 10, Series of 2013, upon first reading, second by Donovan. The motion passed 6 -1 (Rogers opposed). The seventh item on the agenda was second reading of Ordinance No. 9, Series of 2013 An Ordinance Extending the Temporary Band on Marijuana Establishments in the Town, Pursuant to the Newly Enacted Section 16 of Article XVIII of Colorado Constitution (Amendment 64). Town Attorney, Matt Mire, stated he made the Council's requested changes to the recital stating the Town will not take applications until after January 21, 2014, depending on Council's next steps. Foley made a motion to pass Ordinance No. 9 on second reading with a second by Moffet. The motion passed 7 -0. The eighth item on the agenda was Adjournment. There being no further business, Daly moved, with a second from Donovan, to adjourn the meeting. The motion passed unanimously, 7 -0. Town Council Meeting Minutes of July 16, 2013 Page 8 Attest: Respectfully Submitted, Andrew P. Daly, Ma To t �I� ESL RS Town Council Meeting Minutes of July 16, 2013 Page 9 Vail Town Council Meeting Minutes Tuesday, August 6, 2013 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 Kerry Donovan Kevin Foley Susie Tjossem Greg Moffet Members absent: Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Wendy Erb, local resident who is also a heavy user of public transportation, expressed concern about smoking in the bus shelters. She was concerned about being adversely affected by the second hand smoke, as well as potential fire danger since some smokers were stubbing out cigarettes into the wooden structure. Assistant Manager Brandmeyer said there was an ordinance in place for twenty plus years prohibiting smoking in any town -owned building or vehicle, so the shelter could easily be posted to this effect. The second item on the agenda was the Consent Agenda. Approval of the July 2 and 16 minutes. Kurz moved, with a second from Foley, to approve the July 2 minutes. A vote was taken and the motion passed 5.0.1, Moffet abstaining since he was not in attendance. Kurz moved, with a second from Donovan, to approve the amended July 16 minutes (modification by Daly). A vote was taken and the minutes were approved, 6.0. The third item on the agenda was the Town Manager Report. As Donovan began questioning the accuracy of information contained in two Emergency Services Planning document attachments, it was discovered these were dated 2012. Her questions centered around shelter locations and evacuation details. Town Manager Stan Zemler said staff would follow up to ensure the accuracy of these documents. Town Council Meeting Minutes of August 6, 2013 Page 1 Daly also noted the Town Council had been honored at lunch by the Vail Valley Foundation for 25 years of financial support for the International Dance Festival. Council was also presented with a sterling silver statue designed by Barbara DeLuca with Currents Jewelry to commemorate this quarter century of support. The fourth item on the agenda was the Marriott Residence Inn (The Roost Lodge) Appeal. An appeal, pursuant to Section 12 -3 -3 Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a development review application for an exterior alteration or modification, pursuant to Section 12- 7J -12, Vail Town Code, to allow for a limited service lodge, located at 1783 North Frontage Road West (The Roost Lodge) /Lots 9, 10, 11 and 12, Buffehr Creek Subdivision, and setting forth details in regard thereto (PEC130017). Chief of Planning Warren Campbell gave an overview of this call up by the Vail Town Council of Planning and Environmental Commission's (PEC) approval of PEC 130017, stating there had been changes to the hotel room numbers, although there were no changes to the site plan. The roof had been flattened and there was no increase in height. Mayor Daly indicated this had primarily been called up by Council due to some specific comments from the PEC, but the application remained well within what's allowed on the site. Council's curiosity had been addressed. Dominic Mauriello, Mauriello Consulting, responded to Foley's expression of concerns from neighbors about the fagade materials, lighting and landscaping. Mauriello said robust landscaping plans are in place and no exterior lights on the back side (north side) of the building are proposed. Wendy Erb, West Vail resident since 1999, questioned the increased numbers of units in the current plan, as opposed to what originally was proposed when this process began. She said this would put undue demand on public bus service, and as a neighbor who uses public transportation a lot, she oftentimes already cannot get on a bus because it's full. Erb said the biggest problem with this development is that it's a massive building that would overwhelm the character of this neighborhood. She does not believe it should be built in any residential neighborhood. Daly responded the current proposal is only using 58% of what's actually allowable. Greg Bemis, another long time Vail resident, agreed with Erb. As he's watched the project progress, it's just continued to gain in bulk, but with not much additional character. There's not much exterior stone. It's a really large building for West Vail. He acknowledged Council makes the rules, but in this case, this project seems like a piecemeal approach. Donovan asked if the exterior color had been determined and about signs. Mauriello responded no sign package had been presented yet. Moffet moved, with a second from Kurz, to uphold the PEC decision subject to the findings in the August 6, 2013, memorandum that read: "The Public Accommodation 2 district was properly applied in regard to the June 24, 2013, PEC's approval with Town Council Meeting Minutes of August 6, 2013 Page 2 conditions of development review applications for an exterior alteration or modification, pursuant to Section 12.7J.12, Exterior Alterations and Modifications, Vail Town Code, to allow for the construction of a limited service lodge, located at 1783 North Frontage Road West/Lots 9, 10, 11 and 12, Buffehr Creek Subdivision, and setting forth details in regard thereto." Donovan clarified that this decision and vote could be confusing to interested parties, but the Council was subject to review only what had been presented to the PEC within their jurisdiction, guidelines and regulations. Tjossem agreed, saying the review could be subject only to height, mass, and other zoning considerations that are already in place and allowable. A vote was taken and the motion passed unanimously, 6.0. The fifth item on the agenda was a request to Town Council to award the Construction Contract for Ford Park Phase 1 B and Sport Field Improvements. Public Works Director Greg Hall said staff was requesting direction from the Town Council to the Town Manager to enter into a construction contract with American Civil Constructors in the amount of $4,205, 210. This work includes funding for the sport field reconstruction, sport field additional work and the overall Phase 1 B bid. He said at the end of the day, there was a budget shortfall of $1,492,628, due to reliance on preliminary estimates of the three parts of the overall Ford Park project. These preliminary construction estimates were provided by a general contracting firm in April 2012 and were based on design development drawings, not final construction drawings. This estimate had proven to be highly inaccurate and had caused each phase to be grossly under estimated compared to the competitive construction bids based on the final designed construction plans. Tjossem raised concerns about the phased construction and no net loss of parking, to which Hall responded a parking loss could be accommodated through transit upgrades to and from the park. Moffet moved, with a second from Foley, to reallocate the funds as requested from transferring 2013/2014 funds originally slated for Ford Park portals of $750,000 and using the Real Estate Transfer Tax (RETT) 2014 budgeted funds of $23M, to award the contract not to exceed $4,205,210. Hall said he would work to value engineer $100,000 from the final cost. Donovan expressed concerns about the propriety of using RETT funds for anything connected to the Frontage Roads, with which Daly concurred. Daly said Council should move forward within the scope of the funds provided. A vote was taken and the motion passed 5.1, Donovan opposed, for her previously stated reasons. The sixth item on the agenda was a request to proceed through the development review process with a proposal to construct a social courtyard at the entrance to the Gerald R. Ford Amphitheater, located at Ford Park, 540 South Frontage Road East/Unplatted, and setting forth details in regard thereto. Because the meeting was moving along so quickly, Mayor Daly requested Council proceed to Item #7, in order to allow interested parties to be present for this discussion. Council agreed. (Discussed after the ninth item on the agenda) Town Council Meeting Minutes of August 6, 2013 Page 3 The seventh item on the agenda was an Emergency Ordinance to Approve the General Planning Document for the 2013 USA Pro Challenge, to Allow for Temporary Suspension of Certain Fire Lanes, No Parking Areas, Pedestrian Zones, Outdoor Display and Sign Regulations to Facilitate the 2013 USA Pro Challenge, and Setting Forth Details in Regard Thereto. Mayor Daly read the title in full. George Ruther, Community Development Director, said this emergency ordinance to allow general planning for the 2013 USA Pro Cycling Challenge was not atypical, and in fact, was standard procedure for this type of major special event. In order to pass the emergency ordinance, Ruther stated a super majority would be required to pass this on one reading. Daly expressed concerns about fire lanes and emergency access into the event venue and was assured that had already been addressed. Donovan moved, with a second from Moffet, to approve this emergency ordinance on one reading. A vote was taken and the motion passed unanimously, 6.0. The eighth item on the agenda was first reading of Ordinance No. 12, Series of 2013, An Ordinance Approving the General Planning Document for the 2015 World Alpine Ski Championships, and Setting Forth a Special Review Process to Allow for Staff Approvals for Temporary Signs, Structures, Street D6cor, to exempt the sponsoring organization of the World Championships, the Vail Valley Foundation, from complying with all the Town's zoning, Design Review Board, and sign code requirements and to set forth a special process to handle such. Mayor Daly read the title in full. Ruther also introduced this ordinance on first reading, in preparation for the planning of the 2015 World Alpine Ski Championships, which in itself, is a unique event. Ruther referred to the upcoming improvements that would be made but clarified internal review by town staff would still be required as well as additional planning documents. Tjossem questioned whether and how the internal review committee would be involved in dispute resolution. Daly stated the entire town wanted this to be tastefully implemented and consistent with the Vail brand. It should be something the town can be proud of. He questioned rushing into this, saying he would still like to see the plans for the opening ceremonies, as well as for other town venues. Donovan asked to see the general planning documents, to which Ruther responded they should be available upon second reading on August 20. Tjossem noted the FIS would be here mid - September and the Foundation was hoping to have banners in place. This really served as the impetus for bringing the ordinance to Council now. Daly agreed Council needed more information before the second reading. Ruther noted the ordinance requires monthly updates. Moffet expressed concerns about constructing buildings and venues too early since they fall subject to our climate and could look weathered by the time the event rolls around. Tjossem moved to approve the ordinance on first reading, which was seconded by Kurz. A vote was taken and the motion passed unanimously, 6.0. The ninth item on the agenda was the second reading of Ordinance No. 10, Series of 2013, An Ordinance Making Supplemental Appropriations to the Town of Vail General Town Council Meeting Minutes of August 6, 2013 Page 4 Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and Heavy Equipment Fund of the 2013 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein and setting forth details in regard thereto. Mayor Daly read the title in full. Kathleen Halloran, Assistant Finance Director, noted Living Well had asked that their request for $15,000 of additional funding for a third day Community day had been with withdrawn, due to a lack of volunteers and staff. She also said the changes to support the supplemental for Ford Park improvements had been included and updated given Council's previous direction this evening. Thus, the final total in budget adjustments now came to $6,803,759. Moffet moved to approve Ord. 10 on second reading, with seconds from Tjossem and Foley. A vote was taken and the motion passed unanimously, 6.0. At this point, there being no other business to consider, Council returned to the sixth item on the agenda. Ruther stated the Vail Valley Foundation was proposing improvements to the entrance to the Gerald R. Ford Amphitheater in Ford Park. The improvements being proposed are consistent with the recommendations outlined in the 2012 Gerald R. Ford Park Management Plan Amendment. In order to proceed with the review of the development application, the applicant must first receive approval from the property owner. He reminded Council of the concurrent review process for the 2013 Master Plan Amendments by both the Town Council and the PEC. The Town Council, as property owner, must approve proceeding forward. The site is zoned General Use (GU). Pedro Campos with Zehren and Associates was also there to share specifics about the plan. Ruther said if Council grants its approval to proceed, PEC would be reviewing the plan on Monday, August 12. Harry Frampton, Chairman of the Vail Valley Foundation Board of Directors, said the Foundation very much wants to move forward, with a start date in October, and completion by June 15, 2014. Then, they would be finished in Ford Park. Previous delays have been dealt with and donors are on board. This is an important project, in that it'll complete the vision, and the Amphitheater is a critical component. He stated six goals were in mind from the start of the Amphitheater renovation: 1) Refresh the amphitheater and make the lawn better; 2) Get the traffic out of the lower bench; 3) Build a lobby and outer lobby; 4) Bring up to the Vail brand standard; 5) Tell the Ford family story and honor them — create a tourist attraction with staying power; and 6) Be a good neighbor to the Betty Ford Alpine Gardens. He also commented on the incredible effort and partnership with town staff. Campos then explained this was an attempt to grow the lobby out of the Amphitheater, being sensitive to the location, relationship and occupying the same space. All uses would jive with the existing conditions. Four walls will tell the story of the Fords and will be open to the public. An iconic piece, a sculpture, would set the tone for the space, which would be surrounded with stone seating. A new canopy that is light, airy and tensile will also provide an iconic feature. It will be integrated into the landscape. A new main entrance creating a secondary entrance and gate and a small stage for lectures, ensembles, and so forth, would be included. Great attention has been paid to Town Council Meeting Minutes of August 6, 2013 Page 5 the overall landscape, along with recreating a landscape berm. There will be a small expansion of the concession area, which could possibly be open all summer. The ticket window and box office will remain the same. A donor recognition wall will be a feature, as well as special paving stone. Everything will tie together to connect aesthetically to the landscape. Tjossem questioned access to the bathrooms and was told the idea is still to allow public bathroom access. Donovan asked how available it would be to various groups and common park users. Frampton responded the improvements are first and foremost to serve the Amphitheater, so sometimes it would have to be closed. But there is no perfect plan and he couldn't provide a percentage of open access. Daly confirmed if no events were going on in the Amphitheater, the bathrooms would be open to the public. Donovan heard this would possibly be used as a wedding venue — and the response was no, it would not. Frampton emphasized they wanted to do things that compliment this park. Foley questioned the snow load and snow shedding on the tensile roof. Campos said they'd been looking at this closely with a local structural engineer, since the desire is to have the appearance translucent to allow in a lot of sun. Tjossem noted the angle on the roof is different and the roof has come down. There is a great need for shade and rain protection, and this roof addition will really up the comfort level of everyone; it speaks to all people. Campos confirmed the profile has been redesigned and diminished. To Donovan's question about the height of the tent poles, Campos responded 35 feet, while the projection that is an architectural component is at 40 feet. Over 90% of the roof is below 35 feet. Tjossem asked about the capacity and was told probably 300 to 350, although it could be up to 500 as the design is still evolving. Kurz had concerns about hiding the fence and how it could best be camouflaged. Campos said the plan is to make it a landscape feature and whimsical. Tjossem asked if there were any plans to continue the beautiful East Betty Ford Way path up through the western side. Stan Zemler, Town Manager, said that had been discussed but it was not currently budgeted. Campos said their plan called for extension of the path to the Nature Center Bridge and the schoolhouse. Daly suggested an approved agreement on the use to other public groups should be put in place. Donovan questioned signs and Campos said they are still studying that program. Campos said the plan on trees is that 7 spruces will be relocated and quite a few more planted. Daly opened public comment. Alan Kosloff, past chair of Bravo!, urged approval, stating Bravo! was a major user and completing this renovation was very important in attracting top orchestras. A world class venue is utmost in an orchestra's mind for their own marketing efforts. Tjossem asked whether water proofing at the back of the stage was ever needed, to which Kosloff replied it was. Kent Logan, former Councilmember, said this improvement lends to the overall experience, which is one of two questions he always asks himself. The second is if it consistent with Vail's design and what Vail's all about. This will be distinctive, and although not everyone will like it, everyone will Town Council Meeting Minutes of August 6, 2013 Page 6 remember it. Tjossem asked what his artist's eye told him and he responded it doesn't compete with the natural environment. It merely enhances it. Jim Lamont, Vail Homeowner's Association, said Harry let the process work and because of Harry's tenacity, once he understands the issues, he brings back a far superior solution. Kathleen Eck, long -time valley resident and a constant user, said the Amphitheater is the greatest asset this community has. It's a beautiful facility that enhances everyone's experience. Kurz summed up saying in retrospect, it has now worked out that the Council is looking at a better project, with all the changes being very positive. He urged moving forward, to which Foley agreed. Foley moved, with a second from Tjossem, to approve the applicant's request to proceed through the development review process. Moffet noted they were no longer walking into a buzz saw and had made great progress with the scale and height. The plan must still be subject to the Master Plan. Donovan said this has come a long way and the Foundation can be counted on to produce a wonderful project, but she still has some concerns. She did not feel too compelled about the value of the function space and hoped it won't affect the pre and post vibe in the Village. Daly said this had been a painful process but the project was now one he could embrace. A vote was taken and motion passed 5.1, Donovan opposed. The tenth item on the agenda was Adjournment. There being no further business, Foley moved, with a second from Moffet, to adjourn the meeting at 8:25 p.m. The motion passed unanimously, 6.0. Attest: Respectfujy--SVbmitted, Andrew P. Daly, Ma Pam Brandmeyer, Assislant Town Manager Town Council Meeting Minutes of August 6, 2013 Page 7 Vail Town Council Meeting Minutes Tuesday, August 20, 2013 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 Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. Eric Perkins, Eagle County resident and fisherman, approached council carrying a photo board with pictures of a drainage pipe sticking out of the ground near Ford Park draining an unknown substance into Gore Creek. Perkins questioned Council about the substance and how if dumping into Gore Creek is allowed. Daly requested staff to look into the area being questioned. There was no further public comment. The second item on the agenda was the Consent Agenda. Wayfinding Award bid. Greg Hall, Public Works director, stated the town recently publically bid a portion of the Phase I Wayfinding Guest Enhancements Project. This portion of the Phase I includes new and updated signage and graphics in the Vail Village and Lionshead Parking Structures and new and updated signage for the Frontage Roads and the Interstate 70. The town received two bids for the parking structures project and one bid for the Frontage Roads and Interstate project. Moffet made a motion to direct the Town Manager to enter into a contract in the amount of $296,919 with Arapahoe Sign Arts for the parking structures project and to enter into a contract in the amount of $200,868 with TK Construction for the Frontage Roads and the Interstate 70 project, given both bids were within budget. Foley seconded. A vote was taken and motion passed 7 -0. The third item on the agenda was the Town Manager Report. On this afternoon's works session agenda under Information Update was a memorandum concerning the Town Council Meeting Minutes of August 20, 2013 Page 1 placement of Distributed Antenna System (DAS) antennas throughout town for the cellular 4G DAS/Wi Fi network. Council expressed concern on the size and the proposed locations of the 23 DAS nodes and requested the town Information Technology Director, Ron Braden and a Crown Castle representative, to come to tonight's evening session and present this information during the Town Manager's Report. Donovan stated that after meeting with Braden during the break between sessions, she does not find the DAS nodes as impactful as she first thought they would be. The scale of the nodes on the radio frequency studies done by Crown Castle are not accurate and the antennas will not be as obtrusive. Foley asked if this was to be a town initiative, why not include the entire town. Braden stated this was the current recommendation. Of the 23 DAS nodes being replaced, only 5 of the nodes will be new. The other 18 will be already existing street lights and WiFi locations and the town will be requesting another antenna in Buffehr Creek. Tanya Friese, Castle Crown representative, stated they can reevaluate that area and see if there can be an additional node added. By adding additional nodes, the carriers (Verizon and AT &T) need to expand their coverage area. Friese went on to say the antennas will be able to serve multiple carriers. Tjossem stated that when AT &T was here renewing their franchise agreement with the town, they stated they would improve coverage town -wide, not just a section of town. Tjossem felt they are reneging on their promises. Donovan stated West Haven area is also a concern. With public comment closed, Council agreed on the placement of the 23 DAS antennas but still have concerns on the quality of the service. The fourth item on the agenda was second reading of Ordinance No. 12, Series of 2013, An Ordinance Approving the General Planning Document for the 2015 World Alpine Ski Championships, and Setting Forth a Special Review Process to Allow for Staff Approvals for Temporary Signs, Structures, Street Decor, to exempt the sponsoring organization of the World Championships, the Vail Valley Foundation, from complying with all the Town's zoning, Design Review Board, and sign code requirements and to set forth a special process to handle such. Mayor Daly read the title in full. Daly stated at the August 6 Town Council meeting, the ordinance was approved but Council requested the Vail Valley Foundation provide a general planning document for Council to review at the second reading. Daly stated the General Plan that was provided still did not show the venues or what those venues would look like. Rogers said the General Plan that has been provided stated the Foundation will meet with Council or the Town Manager to review the upcoming venues and structures. Town Council Meeting Minutes of August 20, 2013 Page 2 Daly felt Council should review all ceremony plans and venues to ensure the quality and standards are met for our community and guests. Tjossem stated there are periodic updates and meetings scheduled and felt there is a safety net. Moffet moved to approve second reading of Ordinance No. 12, as read; Rogers seconded. The motion was approved unanimously 7 -0. The fifth item on the agenda was Adjournment. There being no further business, Moffet moved, with a second from Foley, to adjourn the meeting at 6:35 p.m. The motion passed unanimously, 7 -0. Respect#GT(y'�ubm itted, Attest: Andrew P. Daly, ammy ,Acting n Clerk Town Council Meeting Minutes of August 20, 2013 Page 3 Vail Town Council Meeting Minutes Tuesday, September 3, 2013 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 Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. Michael Cacioppo stated to Council he did a survey and asked 127 people if a person must stop at a DUI checkpoint and only 4 knew they did not have to. Cacioppo went on to say the Town of Vail Police Chief, Dwight Henninger, confirmed people do not need to stop a the checkpoints and wave their Fourth Amendment rights. There was no further public comment. The second item on the agenda was the Consent Agenda. 1) On the approval of the August 6 meeting minutes, Moffet moved, with a second from Kurz, to approve the minutes. A vote was taken and the motion passed unanimously, 6 -0 -1. Rogers abstained. On the August 20 meeting minutes, Moffet moved, with a second from Donovan, to approve the minutes. A vote was taken and the motion passed 7 -0. 2) Award for bid for North Frontage Road Parking Improvements. Chad Salli, public works engineer, stated the Town of Vail and Colorado Department of Transportation (CDOT) entered into an Intergovernmental Agreement regarding the use of the Frontage Roads for overflow parking in 2011. The installation of the curb /gutter and sidewalks on the south side of the North Frontage Road across from the Holiday Inn to City Market is part of the safety improvements that are required to be completed in 2013. Though the agreement with CDOT does Town Council Meeting Minutes of September 3, 2013 Page 1 not require street lights, there are two bids: a base bid for the curb /gutter and sidewalks and an alternate 1 bid for street lighting. Moffet made a motion, with a second from Donovan, to authorize the Town Manager to enter into an agreement with Elam Construction in the amount of $435,096.65, thus accepting the original bid without lighting. A vote was taken and the motion passed 7 -0. The third item on the agenda was the Town Manager Report. There was none. The fourth item on the agenda was the Vail Golf Club hole #18 remodel contract award. Greg Hall, Public Works Director, presented three bids for the relocation and realignment of the 18th hole at the Vail Golf Club. The work to be performed includes grading and excavation, plus installation of a retaining wall, cart path, irrigation work and landscaping. Hall is recommending the Town enter into an agreement with Land Links, LLC from Janesville, WI, in the amount of $500,295.25. Land Links has worked across the country on golf courses. Daly asked for any public comment. Ken Wilson, Jeff Wiles and Billy Saurez, three Vail Recreation and Parks District (VRD) board members, requested Council not to move forward with moving the 18th hole at this time. Wilson stated there are three reasons to not move forward at this time. The first reason is timing. Wilson stated if you move forward with construction now, the 18th hole will not be completed until after next summer. The second reason is financial. Wilson said citizens are not agreeing with the moving of the 18th hole and if the golf course is not ready by June, and this will have a negative impact on the VRD finances. The third reason is timing again. This should be handled at the same time as the construction of the clubhouse. Wilson said the VRD feels there is a better time to do this project with minimal impact to the players. Wilson went on to say that the VRD acknowledges the safety issues but would like to put in place some temporary measures. Herman Staufer, a Vail resident and business owner, requested Council not to award the bid tonight and to wait until the lawsuit is completed. Kaye Ferry, a Vail resident, stated the VRD board members opinion should be considered and given much more weight in Council's decision tonight. Joe Staufer, a Vail resident and business owner, said he was not a golfer, but the golfers he has spoken to have concerns that moving the 18th hole will diminish the quality of the golf course. Staufer recommended keeping the quality of the golf course where it is, which would be good for Vail and good for businesses. Michael Cacioppo asked Council if they have the ability to make a decision tonight to move forward. Town Council Meeting Minutes of September 3, 2013 Page 2 Donovan stated the construction start date is September 16 through November 15 and landscaping will begin in the spring to lay the sod in time for peak season of June 27th Wilson said it was not a construction issue, but more weather dependent. The VRD figured it would be August until the sod would take root and a contractor cannot guarantee weather conditions. Daly asked Wilson to elaborate about the mitigation or temporary fixes that could be taken to improve the public safety from errant balls. Wilson stated the VRD supports the clubhouse but does not support going forward by September 16th. The VRD majority supports waiting to award the bid tonight allowing time to research and do both projects as a package. Tjossem stated there have been three options presented to Council concerning safety from errant balls, but VRD thinks there is a fourth option. The issue Council has in front of the town is a safety issue and you are asking for a temporary solution. Would the VRD pay for the temporary solution. Wilson stated he had not spoken with the entire VRD board and had not done any research on solutions. Daly said the end solution is moving the hole. Wilson agreed. Moffet asked if the VRD board has talked with their insurance carrier to ask if they will indemnify the town regarding the safety concerns. Wilson said no. Kurz made a motion, with a second from Rogers, to authorize the town manager to enter into a contract for $408,023.11 with Land Links. Tjossem stated she was torn on the decision due to the VRD asking Council to hold off. Kurz said the town has a final solution and he does not feel moving the 18th hole will diminish the character of the course. Kurz felt the town should move forward. Moffet said he appreciates the VRD's efforts to find other solutions, but he feels the town does not have a choice in the matter given the potential for a lawsuit. This is the straight up responsibility of the town. Foley feels the golf course will take a big financial hit and he cannot support the motion at this time. Donovan said the Council unanimously made this decision in 2012 and no new solutions have risen. The town is being told we have to do something because there are significant safety issues and this cannot be pushed further down the road. Daly agreed with Donovan and went onto say this is not a good position to be in but the town has an obligation for safety of our citizens and guests. Town Council Meeting Minutes of September 3, 2013 Page 3 Council voted on the motion and it passed 5 -2 (Tjossem and Foley opposed). The fifth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's (PEC) denial of a request for amendments to a conditional use permit for a "public and private parks and active outdoor recreation areas, facilities and uses ", pursuant to Section 12- 16-10, Amendment Procedures, Vail Town Code, to allow for the construction of various improvements at the Ford Park Gerald R. Ford Amphitheater including a public plaza and box office remodel, located at 540 South Frontage Road East/Unplatted, and setting forth details in regard there to. (PEC 130024). Community Development Planner, Warren Campbell presented the appeal to the Council by stating that the Community Development Department has determined that the appellant, the Vail Valley Foundation (the applicant) as aggrieved or adversely affected persons. Campbell stated staffs determination was based on the following considerations: 1.) The uses proposed by the applicant are consistent with the purposes of the zone district and achieve the development objectives of the Town. 2.) The 2012 Ford Park Management Plan is the current and most relevant master plan for Ford Park. 3.) The proposed improvements are consistent with the recommendations outlined for said improvements in the 2012 Ford Park Management Plan Update. 4. The applicant, upon presentation of the proposed improvements to the Vail Town Council, was granted permission to proceed through the Town's development review process. Permission was granted with full understanding that said application was to be reviewed based upon the recommendations of the 2012 Ford Park Management Plan and that the Town was in the process of adopting a 2013 Gerald R. Ford Park Master Plan. Campbell stated an Appeals Form was filed on behalf of the appellant by Zehren & Associates and that the Community Development Department had determined the Appeals Form and the materials required for its submission to be complete. Campbell said a copy of the Public Notice of the Vail Town Council, September 3, 2013, Public Hearing was sent to adjacent property owners, pursuant to Section 12- 3- 3(C)(3), Procedures, Vail Town Code. Campbell confirmed notice was given in a timely manner. Moffet asked if Council overturned the PEC's decision would this then be the final decision and Campbell said yes that by the PEC denying the application they waived their opportunity to modify the plans. Donovan asked if there was a PEC site visit scheduled and Campbell responded there was a visit scheduled but the board members felt they had enough information presented and chose not to go on the visit. Jack Hunn representing Zehren and Associates and the applicant stated there was a crane placed in front of the amphitheater to demonstrate the height of the proposed lobby and social court yard. Hunn said the applicant took photos the day of the scheduled site visit, showing that a person cannot see the canopy from most Ford Park locations to help demonstrate the bulk and mass of the canopy, but they were unable to provide them to the board. Town Council Meeting Minutes of September 3, 2013 Page 4 Hunn stated the PEC was uncomfortable approving the project without having a Ford Park Master Plan in place even though Council made it clear the redevelopment could move forward without a 2013 master plan. Hunn said some members had constructive suggestions, but for the most part, they seemed to be unwilling to do their job. Daly asked for public comment. There was none. Daly then asked for Council comment. Tjossem stated that after reading the minutes of that meeting, it seems the PEC members were having discussions that did not pertain to the item in front of them, straying off topic and not focused. Daly asked if the WF has an operation plan for the social court yard. Ceil Folz, WF President, stated there would be a shift in the operation of the lobby and restrooms. Folz thought the gates to the lobby will be open all the time and restrooms will be available while staff is onsite. Daly requested an operation plan to be presented to Council as a condition of the approval. Rogers expressed concern on how the PEC is handling issues and performing their duties on the board. Rogers stated there was no question there was a master plan in place and they should have used that plan to measure this project. Rogers said most of the comments she read in the PEC minutes were basically "I don't like it" which is not their job. Their job is to use the master plan for the construction of the project and the job of the DRIB to make decisions regarding the look of the project. Foley made a motion to overturn the decision of the Planning and Environmental Commission of August 12, 2013, which denied a motion for approval (2 -4), for a development application for amendments to a conditional use permit for a "public and private parks and active outdoor recreation areas, facilities and uses ", pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the construction of various improvements at the Ford Park Gerald R. Ford Amphitheater including a public plaza and box office remodel, located at 540 South Frontage Road East/ Unplatted, and setting forth details in regard thereto. Rogers seconded. Moffet said he was not comfortable the PEC board decided not to go on the site visit and frustrated they didn't do their job. Moffet asked Council member Foley to amend his motion to include staff's recommendation for findings of facts based on the evidence and testimony presented. Foley amended his motion to include the following findings of facts: • The Gerald R. Ford Park Amphitheater is located at 540 South Frontage Road East in Vail, Colorado, and zoned General Use (GU) according to the Official Zoning Map of the Town of Vail. • An amphitheater is an existing conditional use in the General Use zone district. • A public plaza (lobby) is an accessory use to an amphitheater and customary, incidental and necessary to the operation thereof. Town Council Meeting Minutes of September 3, 2013 Page 5 • A public plaza (lobby) is therefore allowed in the General Use zone district, subject to the issuance of an amendment to an existing conditional use permit. • The 2012 Ford Park Management Plan Update was duly adopted by the Vail Town Council and is the current and most relevant master plan for Ford Park. • The 2012 Ford Park Management Plan Update provides recommendations for a public plaza or social courtyard to be constructed at the entrance to the existing amphitheater. Recommendations for consideration include a roof over a portion of the public plaza, preservation and protection of existing landscaping and the potential impact of the roof covering on the viewshed in and around the amphitheater. • The proposed improvements are consistent with the recommendations outlined for said improvements in the 2012 Ford Park Management Plan Update. (see pages 2 & 3, Section II, Background, of the Staff Memorandum to the PEC, dated August 12, 2013) • To further ensure compliance with the master plan recommendations, the applicant had revised the proposal to include a reduction in the height, size, scale and orientation of the roof covering; amended the landscape plan to reduce the impact on existing mature landscape vegetation and increase the number of trees to be transplanted or left untouched by the proposed construction; submitted a comprehensive view shed analysis to depict the impacts to existing view sheds in and around the amphitheater; and redesigned the roof covering to ensure that the new public plaza did not dominate the area in front of the amphitheater. • To date, the potential recommendations anticipated by the Draft 2013 Gerald R. Ford Park Master Plan do not propose any substantive changes or amendments to the area directly affected by the public plaza development application. Tjossem seconded the amended motion. The motion passed 7 -0. The sixth item on the agenda was a request for permission to proceed through the development review process regarding the installation of a Beaver Deceiver flow control device at 3090 Booth Creek Drive, in East Vail on Town stream tract property adjacent to Gore Creek. *Daly recused himself from the meeting and requested Kurz to finish the meeting as Mayor Pro Tem. Travis Coggin, Triumph Mountain Properties, spoke on behalf of property owner Art Reimers, and stated that Mr. Reimers' home is adjacent to Gore Creek on a section of the creek that is just below a beaver dam and last fall a beaver built a dam that caused the area to flood and subsequently flooded his client's back yard. Coggin stated the beaver deceiver is a low profile multi year solution. Rogers asked what the property owner did last year and Coggin stated the property owner worked with town staff and was given permission to remove the dam. Town Council Meeting Minutes of September 3, 2013 Page 6 Kristen Bertuglia, Town of Vail environmental sustainability coordinator, said there are better solutions then what is currently being proposed. Bertuglia questioned what happens to the beaver's food storage and the reproduction of the beavers. Pam Brandmeyer, Assistant Town Manager, stated the homeowner did talk with town staff last year, but before staff could find a safe solution for the beaver dam, the homeowner removed the dam without town permission. Donovan stated she could not support this request due to just what the application says regarding the PVC pipe, anchors and trenching in Gore Creek. Donovan felt it contradicts what the town has been enforcing along the stream tract. Moffet agreed with Donovan and thought this could be an opportunity to find safe solutions for the future. Moffet moved to approve the applicant's request to assemble a beaver deceiver flow device at 3090 Booth Creek Drive. The motion failed for the lack of a second. Rogers moved to deny the applicant's request to install a beaver deceiver flow device at 3090 Booth Creek Falls. Donovan second the motion with an amendment to direct staff to look at a future beaver policy. Kurz asked if there was any public comment. There was none. A vote was taken and the amended motion passed 4 -2 (Kurz and Moffet opposed). The seventh item on the agenda was Adjournment. There being no further business, Foley moved, with a second from Donovan, to adjourn the meeting at 7:55 p.m. The motion passed unanimously, 6 -0. Attest: T mm el, Ac ' n Clerk Respectfully_.Submitted, Andrew P. Dal?, Town Council Meeting Minutes of September 3, 2013 Page 7 Vail Town Council Meeting Minutes Tuesday, September 17, 2013 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 Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Absent: Kerry Donovan Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. Kevin Foley offered condolences to the Colorado flood victims. Stan Zemler, Town Manager, stated the town had several police staff assisting the Front Range emergency responders. There was no further public comment. The second item on the agenda was the Consent Agenda. 1) Resolution No. 9, Series of 2013, a Resolution Establishing a Town of Vail Public Records Policy; and Setting Forth Details in Regard Thereto. Moffet made a motion to approve with a second from Rogers. Foley read the title in full. The motion passed 6 -0. The third item on the agenda was the Town Manager Report. 1) Pedestrian Safety on Meadow Drive. Zemler said there have been many changes over the past 6 -7 years on Meadow Drive and it's necessary to review the pedestrian /transit relationship. Zemler stated a third party may need to be hired. 2) EGE Air Alliance letter of support. Kelli McDonald, Economic Development Manager, is the town's representative at the EGE Air Alliance meetings. McDonald stated EGE Air Alliance was requesting $200,000 from Eagle County Town Council Meeting Minutes of September 17, 2013 Page 1 for funding additional flights, which is at the same funding level as last year. McDonald requested approval from Council to sign on behalf of the town. 3) Winter parking update. Zemler said there will be no changes from last year. All fees and restrictions for parking will remain the same from the 2012 -2013 ski season. The fourth item on the agenda was a request for a public hearing to provide an update to seek direction from the Vail Town Council on the site selection preference for the proposed Betty Ford Alpine Garden Education Center. George Ruther, Community Development Director, stated the Planning and Environmental Commission (PEC) has made progress on the review of the proposed 2013 Gerald R. Ford Park Master Plan, but the PEC is stumbling on the site selection of the proposed Betty Ford Alpine Garden Education Center. The town staff has evaluated 7 possible sites for the education center and based upon the criteria, the West Betty Ford Way site was found to be the "preferred" site. Ruther said the PEC has requested that more analysis and discussion occurs around the possibilities of co- locating the proposed Education Center with the tennis center building site. Ruther also stated the issue is not that the West Betty Ford Way site is unsuitable, but rather that the tennis center building site appears to be better as the site is closer in proximity to transit and parking. Daly stated there isn't anything that prevents the Council from including both sites in the 2013 Master Plan and this would be his recommendation. Ruther stated one of the Council's goal's on the master plan is to find a location for the Education Center and in fairness to the stakeholders there should be some direction. Moffet stated he didn't want the town to be in the shotgun marriage business and in fairness to the participants in the master plan and the folks affected by the master plan that if we are excluding sites, the Council should be clear. If Council is amenable, then he is comfortable including two sights. Rogers stated it's not like the town hasn't had the opportunity to talk with the Vail Recreation District (VRD) regarding the tennis center site because the PEC has invited them to attend the meetings and the VRD has not shown up. Rogers went on to say she has had a long conversation with VRD board member Ken Wilson, who said "no way" to the Education Center coexisting with the tennis center. Rogers felt the mixed uses would conflict with each other and she does not want to fight with VRD over the tennis center. Rogers also stated that if there is a site that is already suitable for the Education Center, then Council should go forward with designating one site. Zemler provided Council with a brief update on the Recreation Subcommittee meeting that was held earlier that day. Zemler said the VRD is open minded to some conversation regarding the tennis center site, but funding is questionable. Zemler also said there could be missed opportunities for both organizations. Town Council Meeting Minutes of September 17, 2013 Page 2 Tjossem suggested the VRD and Betty Ford Alpine Garden meet and have the conversation before bringing it to the PEC. Ruther stated the West Betty Ford Way site is the best location, but if there were problems it would be good to have another option. Rogers asked if VRD has no money and Betty Ford Alpine Garden cannot flip the bill, who then pays. Would the town be responsible. Ruther stated he was not advocating for a certain site. He suggested Council designate the West Betty Ford Way site be the #1 site with the tennis center site as the #2 designated site just in case problems rise with the first site. Daly requested public comment. Jack Hunn, Betty Ford Alpine Garden representative, stated he has attended all the PEC meetings and feels the PEC board is opposed to the West Betty Ford Way site. The VRD is not interested in sharing costs for a tear down or an addition to the tennis center. Hunn went on to say that it's a waste of time to have a conversation with an unwilling partner. The West Betty Ford Way site is not perfect, but Betty Ford Alpine Gardens wants to move forward. Hunn requested Council designate two or three sites in the 2013 proposed master plan, but if only one site is was going to be designated, then it should be the West Betty Ford Way. Jim Lamont, Vail Homeowners Association representative, confirmed Hunn's observations of the PEC being in opposition to the West Betty Ford Way site and supports the idea of adding two or three potential sites to the proposed master plan. With no further comments, Daly closed public comment. Tjossem strongly encouraged the VRD and Betty Ford Alpine Garden to sit together to go through the ideas. Ruther stated he has $5000.00 in his budget assigned to having a conceptional design review done for one site. Tjossem requested another $5000.00 be put towards having a conceptional design review done on both sites. Zemler stated the PEC is requesting 2- 3 sites be designated in the proposed 2013 master plan. Zemler was concerned the additional $5000.00 would make it look like the town is financing the project. A majority of Council members agreed to not fund two conceptional design reviews. Daly thought it was better served to declare three sites for the Education Center on the master plan. Rogers disagreed. She strongly feels there should only be one site designated and it should be the West Betty Ford Way site. Roger worries that the Education Center will Town Council Meeting Minutes of September 17, 2013 Page 3 get lost and no site will be perfect. Rogers agreed with Hunn that it would be a waste of energy to have a conversation with a stakeholder who does not want to consider the tennis center site. Ruther suggested designating the number 1 preferred choice be the West Betty Ford Way site. Then designate two other sites so there are no missed opportunities. Lamont approached the podium again and stated the VRD does not have to tear down the tennis center but can do a tactful addition. Rogers said when she spoke with VRD board member Ken Wilson, the concern is the concept does not work with the current use. Tjossem said every proposed site has conflicts and again she requested the two stakeholders meet and agree on a site. Tjossem and Foley both stated they would not support the proposed Education Center sites listed by preference. Ludwig made a motion to list the West Betty Ford Way site as the preferred site on the proposed 2013 Gerald R. Ford Park Master Plan with two alternative sites which was seconded by Moffet. The motion passed 4 -2 (Foley and Tjossem opposed). Daly opened Citizen Participation again. David Viele, Eagle River Water and Sanitation District ( ERWSD) representative, thanked Daly and Zemler for all their help on the golf course easements. Viele stated the ERWSD easements will be discussed at the next council meeting and asked if there were any questions he could answer now or be prepared to answer at that meeting. Council had none. The fifth item on the agenda was the first reading of Ordinance No. 14, Series of 2013, an Ordinance Amending the Vail Town Code to Increase the Maximum Fine for Code Violations in Accordance with State Law and Setting Forth Details in Regard Thereto. Matt Mire, Town Attorney, stated this ordinance allows the municipal court to subject the maximum fines according to State law. Foley asked if the town uses the 1973 Model Traffic Code. Mire replied the town does still operate under that Code due to speed limits in certain areas of the town. Town of Vail Municipal Judge Buck Allen stated that by increasing the maximum fine limits, it provides him leverage in cases that have restitution owed. Moffet moved to approve with a second from Kurz. A vote was taken and the motion passed 6 -0. The sixth item on the agenda was Adjournment. There being no further business, Foley moved, with a second from Kurz, to adjourn the evening meeting and reconvene to the executive session, pursuant to: 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 Town Council Meeting Minutes of September 17, 2013 Page 4 advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regarding: Timber Ridge. The motion passed unanimously, 6 -0. The meeting adjourned at 7:15 p.m. Respectfully Submitted, Attest: Andrew P. Daly,j_ a JTmmy Act ing To Clerk .• 49 Cl L• ��RADO� Town Council Meeting Minutes of September 17, 2013 Page 5 Vail Town Council Meeting Minutes Tuesday, October 1, 2013 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 Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Recognition of Town Manager Stan Zemler's 10 year anniversary September 22, 2013. Daly complemented Zemler on his many accomplishments and his excellent leadership skills. Daly presented Zemler with a plaque to commemorate his 10 years with the town. Daly stated he wanted to take this time to present the award to Zemler publicly because Zemler takes his responsibility to the community very serious. Zemler thanked the Department Directors, the town staff and a great council and credited them towards his success through renaissance and recession. The second item on the agenda was Citizen Participation, of which there was none. The third item on the agenda was the Consent Agenda: 1) Approval of September 3 and September 17 Town Council Meeting Minutes. Moffet made a motion to approve the September 3, 2013, Town Council meeting minutes as presented, with a second from Rogers. The motion passed unanimously (7 -0). Moffet made a motion to approve the September 17, 2013, Town Council meeting minutes as presented, with a second from Rogers. The motion passed 6-0-1 (Donovan abstained). 2) Appointment of Regular Municipal Election Judges. Town Council Meeting Minutes of October 1, 2013 Page 1 Moffet made a motion to approve the appointment of the following as judges for the Regular Municipal Election to be held on Tuesday November 5, 2013: Vi Brown, Holiday Cole, Carol McKown, Earl Best, Meryl Jacobs, Mary Caster Summer Holm, Mary Ann Best, Jane Harelson and Katherine Schmidt, with a second from Donovan. The motion passed unanimously (7 -0). Council stated they were extraordinarily grateful for donating their time. 3) Resolution No. 11, Series of 2013 — Eagle River Water and Sanitation District (ERWSD). Moffet made a motion to approve Resolution No. 11, 2013, a resolution approving certain water facility easements and water agreement between the Town of Vail and Eagle River Water and Sanitation District; and setting fourth details in regard thereto, with a second from Foley. The motion passed 6 -0 -1 (Kurz abstained). 4) Resolution No. 12, Series of 2013 — Town of Vail approval of Vail Local Marketing District (VLMD) Budget. Moffet made a motion to approve the 2014 VLMD budget, with a second from Rogers. The motion passed 6 -1 (Foley against). Foley stated the VLMD should not use funds from the general operating account for special events and should use funding for special event through the VLMD. 5) Ordinance No. 14, Series of 2013 — Tabled to October 15, 2013, Town Council Meeting. Moffet moved to table the second reading of Ordinance No. 14, Series of 2013, to the October 15 Town Council meeting, with a second from Donovan. The motion passed unanimously 7 -0. The fourth item on the agenda was Town Managers Report. Zemler reminded council that town staff would be hosting a town council candidate briefing on October 8 in the Council Chambers to discuss the 2014 budget and current projects and issues occurring in town. The fifth item on the agenda was the first reading of Ordinance No. 15, Series of 2013, 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, 2014, through December 31, 2014. Zemler stated this is a proposed $54 million dollar budget and it is a balanced budget that is required by law. Staff feels comfortable that service levels will remain at levels the town is accustomed to and proud of. A number of iconic events that are highlighted in the budget are being paid for from General Fund reserves, such as the US Burton World Snowboard Championships and the Pro Cycling Challenge, that the town is hoping would return in 2014. Zemler went onto say that although the sales tax collections have been strong these past months, the town is still not at the same revenue levels as 2008 in total. Kathleen Halloran, Town of Vail Assistant Finance Director, reviewed with council a memorandum in response to council's questions from their first look at the operating budget during the September 17 work session. Town Council Meeting Minutes of October 1, 2013 Page 2 Council requested a five year look at funding levels for the Commission on Special Events (CSE) and Council Contributions. Rogers asked why there was a decrease in the CSE and Council Contribution in the 2014 budget if the direction was to remain flat. Halloran stated the increase as shown in the 2013 budget is from Council approving a one -time increase for certain CSE items such as marketing research and a Memorial Day event. Rogers stated there was going to be another Memorial Day event in 2014 and the funding was to assist the event in establishing Vail is open in May. Halloran stated she was following council's direction that these items in 2013 were one -time funded items and had been removed from the proposed 2014 budget. Rogers stated this is why she would be voting against the budget because if the request was to be flat then there should not be a decrease in CSE's funding nor in Council Contributions. Donovan asked at what level the Memorial Day event was funded and Halloran responded $85,000. Donovan asked where that dollar amount would come from. Rogers thinks the budget needs to be more realistic and if that amount cannot be found, there is $24 million in reserves. Tjossem agreed with Rogers that there needs to be a Memorial Day event and wondered if there will be any wiggle room after the CSE allocates next year's funding. Tjossem when onto say that in the past, a couple previously funded events for whatever reason dropped off, which then caused a surplus in the CSE budget. Sybil Navas, CSE Coordinator, confirmed that the Memorial Day event did receive $85,000 and there was additional funding received for marketing and survey studies and the Living Well Summit event. Navas stated the event Soulfest did drop out because of CSE's decision the event was not at the requested quality and the allocated funding for that event was reallocated to the Holdiaze event because Vail Resorts pulled their funding for this event. Navas stated allocation event requests are due October 21 sc so the CSE board has not yet seen any proposals for a Memorial Day event, but the members do feel it is necessary to establish an event for that holiday weekend. Daly asked for any council comments on this topic. Moffet said he was comfortable increasing the funding for something like the US Burton Championship because he felt the average daily rates (ADR's) are at their highest. Moffet stated he was entirely uncomfortable with the idea of increasing the funding for this event without knowing where the funding would come from and when the ADR's are at their lowest. Moffet said he was frustrated that council has not had a strategic conversation with CSE. Zemler suggested council allow CSE to go through their process and have CSE report back December 3 and if there is an area council would like to see more funding to go toward, then council can discuss allocating more funding toward that event. Donovan stated council gave onetime funding to the Memorial Day event for it to grow legs so that in the future that event could go through the fair CSE process for future funding. Daly asked if other council members were interested in funding additional events at this time. Kurz recommended following Zemler's lead and wait to see what CSE comes to council with on December 3rd and to keep the Council Contributions at the level currently being proposed for the 2014 budget. Not all council members agreed. Council moved onto the next subject regarding the conversation of 12 multi- season seasonal employees to full -time employees. Daly stated he had a comment concerning the answer to the first question "what makes up the average of $20,000 per position Town Council Meeting Minutes of October 1, 2013 Page 3 being converted." Daly went on to say that in the second sentence of the answer "The difference in wages is approximately $4,000 per position primarily to cover the additional four weeks of work." Daly said it did not seem to make sense to put people on for an additional 4 weeks when there is no work for them. Halloran replied the town does have work for them due to the extension of services further into "off- season" for example the bus drivers. Rogers stated staff has stated there is work for them and they should receive fulltime benefits out of fairness. Kurz agreed with Rogers that council needs to be fair and equitable to all employees and to go with staff's recommendation for the budget. Moffet feels staff is stretched and looking at the history from the 2008 cuts, Moffet said that this is the first time the town has rebounded in staff levels and he feels comfortable trusting staff's recommendation. Tjossem stated she felt comfortable with staff's recommendation for these few employees to become fulltime. Daly stated with no further comments and with four council members in agreement, staff is directed to go forward with the fulltime employment of those 12 positions. Council moved onto discuss the next topic of the Capital Projects Fund. The first item was the funding of the Mobile Communications Van. Daly stated council agreed they were not willing to fund the entire $350,000, but would commit to funding 50% with the remaining 50% matched by other partners such as the E911 Board and other county- wide agencies. Halloran reminded council that the $175,000 is not currently in the proposed budget and staff just wanted to confirm council's commitment to the 50 %. Al council agreed to the 50% commitment. The next item on Capital Projects Fund was radio replacement for a portion of the town's radio inventory. Halloran stated Motorola has agreed to a substantial discount as part of their sponsorship of the 2015 World Alpine Ski Championships. The replacement of just a portion of the radios will cost $176,000 and the remainder of the radios will be replaced in 2018. No Council members disagreed with staff's recommendation. Next was the replacement of the "Livescan" fingerprint equipment for $28,000. Halloran stated the equipment needed to be updated quickly and requested to approve this project for 2013, with the amount to be included in a budget supplemental in December. Council all agreed that staff could move forward with the project now and to allocate this amount into a 2013 supplemental. Council moved onto to discuss the Real Estate Transfer Tax (RETT) Fund. The first item under this fund was the Library Recreation Path project being split between the 2014 and 2015 budget. All council members were in agreement with that recommendation. Council agreed to move $250,000 into the 2013 budget for the planning and design of the Booth Creek Park redevelopment and the replacement of the Booth Creek tennis courts to occur in 2014. The remainder of the redevelopment will occur in 2017. Town Council Meeting Minutes of October 1, 2013 Page 4 Rogers stated she had one more item to discuss under RETT. Rogers felt the town wasted $65,000 of Betty Ford Alpine Gardens' money by council approving a site for an education center next to the schoolhouse. The Betty Ford Alpine Gardens spent money on a design for that location and when they came and presented their design, the council changed their mind on the site for the education center. Rogers felt the town should supplement their loss. Moffet agreed with Rogers. Donovan still cannot support it because there are other entities that did not get their way when they went through the process. Donovan didn't think it was fair to reimburse one entity and not others. Tjossem was not willing to reimburse them for their loss at this time but would be open to future discussion of financial support once the Ford Park Master plan is approved and a site has been designated for the educational center. Council majority did not agree and Daly said council will not reimburse Betty Ford Alpine Gardens for their expense incurred. Donovan and Daly requested council next review the proposed 2014 budget line by line. Daly stated he had one request from staff for the next reading and that is for more information concerning employee benefits health care. The costs are going up from $2,875,000 in 2013 to $3,150,000 in the proposed 2014 budget. Daly requested to see more details regarding the split on what employees are funding and what the town is funding. Daly has concerns of growing deductibles and what that may look like long term. Halloran stated the cost sharing is 25/75 with 25% paid by employees and 75% paid by the town and staff planned on continuing that practice. Daly asked if council had any comments or questions concerning the General Fund. Council had no comments or questions. Daly asked if council had any questions or comments regarding the Summary of Revenue, Expenditures and Change in Fund Balance in the General Fund. Daly pointed out to council a significant decrease in reserve funds since 2012. Donovan requested staff provide more information of what Daly is pointing out concerning the reserves. Donovan stated that it was important to leave healthy reserves for future councils. Daly asked if there were any comments concerning council contributions, specially Tier I —Vail Brand Events, Tier II — Extraordinary events, Tier III — Services Expertise and Tier IV- Life Long Learning. Rogers stated she opposed keeping the Tier I events flat for two years. Rogers expressed concern the increase in operation costs and innovative cost goes up every year and those increases are not considered when allocating money to iconic events such as Bravo and the Vail Jazz Festival. Rogers also opposed Tier IV — Life Long Learning being funded at only $15,000. Rogers stated certain events producers were unaware they needed to have their application in for funding by a certain time. Rogers proposed allocating a minimum of $75,000 for Life Long Learning and let the CSE provide criteria for these kinds of events to see if they would qualify for funding and if they do then the CSE can make those recommendations for funding to council. Kurz agreed with Rogers and thought it was the right thing to do because Town Council Meeting Minutes of October 1, 2013 Page 5 council did make a commitment to Tier IV. Kurz requested staff to find a way to make that happen. Foley suggested taking it out of the Vail Local Marketing District (VLMD) Fund. Donovan agreed with Foley that council should hand over that tier to the VLMD because of their marketing knowledge which could be beneficial to those events. Tjossem agreed with having a $75,000 placeholder and agreed with Kurz and requested staff comes back at the next meeting with an answer. Moffet expressed concern that there was no strategic plan concerning that tier and suggested if council were going to put that money into the budget, then council needs to know what that strategic vision is and define what council is trying to accomplish. Council agreed to increase the Tier IV amount by $75,000 and requested staff to look at how to fund that amount even if it means to turn over that tier to the VLMD to assist with the marketing part. Donovan expressed being nervous on spending reserves on permanent events such as US Burton and Pro Challenge. Donovan stated these permanent events need to find a home in the budget. Susie questioned why the revenue source concerning permit and licensing fees has not gone up for 10 years and suggested increasing these fees to the appropriate amount in increments over time. With no further comments, Daly moved onto Capital Projects and stated all items were discussed at council's last session and asked if anyone had any comments or suggested changes. Moffet made an appeal on behalf of the Chamonix housing project and suggested council budget money for a marketing study. He also requested a budget for at least a duplex, if not the entire infrastructure project. Foley agreed. Rogers asked if that was a good use of money for one infrastructure. George Ruther, Community Development Director, thought it was feasible to build in phases such as 5 duplex units. Ruther thought money might even be saved. Zemler stated staff could come back at the next meeting with more information concerning that project and recommended that council look at the housing market study that was done a few years ago. Daly asked if there were any further comments regarding Capital Projects. Donovan said she was still uneasy with the installation of the 19 cameras for the 2015 Ski Championships. Donovan questioned if the drive was really for the 2015 Ski Championships, then why would the town be bearing all the costs of this expense. Vail Police Chief Dwight Henninger stated cameras are mostly used for loading and delivery, but they have also assisted in solving some crimes. Rogers felt it is the council's primary responsibility to make the town safe for the citizens and guests. All council members agreed it should stay in the budget. Council moved onto the Real Estate Transfer Tax Fund. Donovan asked why there was $25,000 being allocated to separate the Ford Park and Donovan Master Plans and if it was appropriate for this item to be funded from this fund because it has nothing to do with preserving open space and is more of an administrative housekeeping item. Rogers stated open space was not the only criteria for spending RETT funds and that Town Council Meeting Minutes of October 1, 2013 Page 6 park and recreation were other criteria for the use of RETT funds. She felt it was appropriate for this item to be funded out of that fund. Rogers also stated she thought $25,000 was too much to spend on separating these master plans. Kurz agreed with Donovan. Ruther stated there are new conditions being implemented in Ford Park that would not be appropriate for Donovan Park. This is why these master plans need to be separated. Ruther went on to say that there are maps that discuss both Ford Park and Donovan Park; therefore, by changing the Ford Park Master Plan you cannot have the Donovan Park left lingering. Ruther additionally said he did estimate high with $25,000 because he would rather be over on his estimate than to come back and ask council for a supplement. Tjossem asked where the funding for the Ford Park Master Plan came from. Ruther responded RETT and he also stated he would look into cost further. There were no changes requested by council for the second reading of the proposed budget regarding this item. Foley questioned $304,000 for Ford Park safety improvements and asked what exactly is going to happen. Greg Hall, Public Works Director, stated the town would be updating the playground and the restrooms. Rogers does not have a problem leaving it in as a placeholder knowing staff will have to come back to council for approval for spending that money. With no further comments from council, the allocation was left as proposed. Daly opened the 2014 proposed budget for public comment. Alby Segall, President of the Vail Symposium, wanted to clarify their proposal under the Tier IV funding recommendation. Segall stated everything the Vail Symposium does is programing and they operate on a very narrow budget. There was no further public comment. Moffet made a motion to approve on first reading with requested to staff for further information on some items, with a second from Kurz. The motion passed 6 -1. (Rogers opposed) The sixth item on the agenda was first reading of Ordinance No. 1, Series of 2013, An Ordinance Adding a New Section 2 -1 -4 to the Vail Town Code, to Ensure Adequate Funding for the Town's Long -Range Capital Program. Town Attorney Matt Mire explained the Town Charter previously required a 50/50 split of sales tax revenue between capital and general fund unless overridden by a supermajority of council. The electors approved a change to the Charter in November and this ordinance will allow council to come back year to year and establish the split. If council deviates from the split percentage at the second reading of the budget then council will need a super majority vote. Donovan stated in the future this ordinance should be discussed before going through the process to allow philosophical discussions. Judy Camp, Finance Director, agreed the split could be discussed earlier in the budget process when staff presents the revenue forecast. Donovan made a motion to approve Ordinance No. 1, Series of 2013 as read, with a second from Foley. Daly asked if there was any public Town Council Meeting Minutes of October 1, 2013 Page 7 comment. There was none. With no further comments from council, the motion passed 7 -0. The seventh item on the agenda was Adjournment. There being no further business, Donovan made a motion to adjourn with a second by Moffet. Motion passed and council adjourned at 8:00 p.m. Respectfully Submitted, Attest: Andrew P. D c Ta y Nage , Acting Town erk O • • • a • ' O at Town Council Meeting Minutes of October 1, 2013 Page 8 Vail Town Council Meeting Minutes Tuesday, October 15, 2013 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 Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. Dale Bugby introduced himself to the council and audience and stated he was running for Town Council in the November 5 election. Eric Perkins addressed council about his concerns that dirt is being pumped into Gore Creek by Vail Resorts and there is no sediment filter. Perkins asked council if they were serious about protecting Gore Creek. Daly and Rogers stated the area Perkins is talking about is in Eagle County and not in the town limits and that it is difficult to enforce something when the land is not in the town limits. Greg Hall, Town Public Works Director, said he would follow up and report his findings back to council. Gale Schwartz's, Colorado State Senator of District 5, introduced herself to council and asked if council had any questions or concerns on topics at the State level that could affect the town. Schwartz's said water is a critical issue in the State of Colorado and currently there is a water plan being presented to the Governor that redirects and conserves the state's water. The plan would provide 86% of the water to be used by agriculture on the Front Range and to encourage conservation in other areas. Daly noted the Urban Renewal Authority (URA), which resulted in formation of a Tax Increment Financing (TIF) District for Lionshead, had provided an unbelievable benefit for this community. The town would have been hard pressed without TIF financing to put the many capital projects in place without this financing mechanism. Schwartz said it was also true it had diverted money from the school district, to which Daly replied both the schools and the town have benefitted from higher sales tax and property tax collections. Schwartz said this also could hurt other districts and require backfill by the state. Daly asked Schwartz's about the new statute requirements that Town Council Meeting Minutes of October 15, 2013 Page 1 are increasing costs to communities such as the "United Bargaining of Firefighters." Schwartz's stated there were 14 fires in the State this year alone and its important to support the firefighters and the roles they play in protecting our communities and water sheds. The collective bargaining allowed for the support firefighters need. Moffet asked if Schwartz's thought the State could provide funding to the EGE Airport to assist with keeping more cars off the 170 corridor. Schwartz's asked how the state could support air services in all the communities that have an airport. Foley remarked that Schwartz's was term limited and that Vail is hoping to have one of its council members elected in her place. Schwartz's said Eagle County would benefit by having one of its citizens fill this position. "Council member Kerry Donovan is running for Colorado State Senator of District 5 in next year's election* The third item on the agenda was the Consent Agenda: 1) Proclamation No. 6, Series of 2013 a Proclamation Declaring the Third Week in October as "Volunteers in Police Service Week ". Daly read the proclamation in full and the Chief of Police Dwight Henninger also acknowledged their service and efforts. The Council and audience gave the volunteers a standing ovation. The fourth item on the agenda was Town Managers Report of which there was none. The fifth item on the agenda was the second reading of Ordinance No. 1, Series of 2013, An Ordinance Adding a New Section 2 -1 -4 to the Vail Town Code, to Ensure Adequate Funding for the Town's Long -Range Capital Program. Town attorney, Matt Mire, stated the split reflected a sales tax split of 38% for capital and 62% for operating which would make the 2014 budget a balanced budget. Daly asked if council had any questions or comments. Moffet confirmed with Mire that in the future this ordinance split will be discussed earlier in the budget process rather than at the end. Foley made a motion to pass Ordinance No. 1 as read, with a second from Tjossem. The motion passed unanimously, 7 -0. The sixth item on the agenda was second reading of Ordinance No. 15, Series of 2013, 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, 2014 Through December 31, 2014. Daly read the title in full. Kathleen Halloran, Assistant Finance Director, reviewed the memorandum from the Finance Department which provided responses to council questions that were asked during the first reading of Ordinance No. 15. During the October 1 meeting council asked the Finance Department to provide more information on healthcare costs shared between the town and employees. The Finance Department provided an analysis that is meant to track the percentage share paid for by the employee versus the employer by incorporating all the costs to the employee such as premiums deducted from paychecks, office visit co -pays, deductibles paid throughout the year and shared medical payments until the employees' yearly maximum is met. This analysis showed the member burden, a term used to identify the complete out -of- pocket costs to the Town Council Meeting Minutes of October 15, 2013 Page 2 employer, at 34 %. Council also requested more information concerning town reserves, specifically activity during 2013 that reduced the anticipated reserve levels for 2014. The Finance Department showed a 2 year decrease in the reserves of $39,463,321 due to major financial items such as the Timber Ridge debt financing, the Vail Golf Clubhouse & Nordic Center, Ford Park Fields and Amphitheater, the Vail Village Welcome Center, iconic events that were paid by reserves for two years, the streambank tract/mitigation and guest service enhancements. During the October 1 budget discussion, council directed staff to find $75,000 in the current budget proposal to increase funding for Tier IV "Life -Long Learning" category of Council Contributions. Staff recommended using the $75,000 allocated for the Pro - Cycling Challenge event, which event has not been confirmed for 2014. Staff proposed accepting applications for Life -Long Learning events starting November 15 through January 1, with staff recommendations completed by January 31. Council also asked for additional information on the market study relating to the employee housing at the Charmonix site for which staff included $5,000 in the 2014 proposed budget for an update to that housing study. Staff also researched consulting costs to separate the Donovan Park Master Plan from the Ford Park Master Plan, which is currently being updated and staff found that if some work is done in house the costs can be reduced to $5,000. Daly asked if council had any additional questions. Tjossem asked about the criteria for the Tier IV "Life Long Learning" events. Halloran said the Finance Department would develop "startup" criteria such as reviewing the events financial plans, how they fit in councils goals and if the events are aligned to the Vail brand and do these events have the ability to drive the sales tax. Tjossem said the "startup" criteria concerned her and asked where these events would go for funding for their second year. Halloran said the events could possibly move into another event category if the event fits the criteria of other categories. Town Manager Stan Zemler said the $75,000 would be coming out of the reserves, which makes it look like onetime funding and the event would not necessarily receive future funding. Rogers expressed she was disappointed this is now being presented to council at the second reading and that council never had a discussion regarding who should make the decision on what events receive money. Rogers went onto say that with Commission on Special Events (CSE) knowledge, it was more appropriate for them to set the criteria and that council never said anything about "startup" funding. Rogers stated council needs to talk about how the money is being allocated and what the application looks like, not the Finance Department. Daly agreed with Rogers that council should decide criteria and what events get money. Council agreed that $75,000 will be added to Tier IV and the criteria will be decided at a later date. Donovan expressed concern there is no conclusion because organizations need to know their funding status so they can plan their winter programming. Daly asked if council had any questions concerning the healthcare cost sharing part of the Finance Department memorandum and no one had any questions. Tjossem asked Finance Director Judy Camp what the target reserve is for a town the size of Vail. Camp said the current budget is taking the reserve back to 30 million, which is 25% of the general fund revenue and is well within the parameters. Daly said the US Burton Snowboard Championships event needs to be added to the operating budget. Moffet said keeping a fat reserve is something he felt really comfortable with. Town Council Meeting Minutes of October 15, 2013 Page 3 Foley said the Vail Local Marketing District (VLMD) funding should be used for iconic events and these events should be funded by the lodging tax. With no further comments from council, Daly opened the discussion for public comment. Nick Sargent, representing the US Burton Open, asked for an additional $150,000 above the $400,000 the event is currently receiving for a "Celebration of Olympics" extending the event for an additional day. John Stone, Discover Well and Vail Living Well Summit, asked council if his organization should request funding from CSE or wait for the criteria for Tier IV Life Long Living. Council advised to apply to both. Doug Dusenberry, Rocky Mountain Science Center, talked about his organization and requested funding from council. Moffet made a motion to pass Ordinance No. 15, Series of 2013, on second reading, with a second from Kurz. Rogers stated she would be voting against the budget for three reasons, 1: because staff was directed to keep the budget flat and the CSE's budget was not kept flat but instead their budget had eliminated the funding for a Memorial Day Event she recommends their budget return to $85,000; 2. Rogers said it was wrong for council not to reimburse the Betty Ford Alpine Garden $65,000 for a site council approved for an education center, but which was later denied to them, after the organization invested money into studies and plans for that site; and 1 the current budget makes no adjustments to events like BRAVO and these events get funding at the same level as the year before, thus making no adjustments for increases in their operating budgets. Foley said he, too, would be voting against the proposed budget because employee benefits just continue to increase and he would like to have an independent assessment on how the town spends its money. The motion passed 5 -2 (Rogers and Foley against). The seventh item on the agenda was a final review of an appeal of a Design Review Board (DRB) decision, pursuant to Section 12 -3 -3C, Appeal of Design Review Board Decisions, Vail Town Cod, appealing a decision be the Design Review Board approving a design review application, with one condition, for an outdoor public plaza at the Gerald R. Ford Amphitheater, located at 540 South Frontage Road East/Unplatted, and section forth details in regard thereto. (DRB130424). George Ruther, Community Development Director, provided council with a brief background about the appeal concerning the subject property, the Gerald R. Ford Amphitheater. Ruther stated on September 25, 2013, an appeals form was submitted to the Community Development Department, on behalf of the appellant, by Zehren & Associates. The appellant is appealing the final decision made by the DRB at their meeting on September 18, 2013, with respect to design review application DRB130424. The appellant is not appealing the approval granted by the DRB, but instead, the appellant is appealing the condition of approval required by the DRB that the new tensile fabric roof color be Benjamin Moore HC -80 or darker. Ruther said council was being asked to uphold, modify or deny the DRB's decision. Ruther went onto say that the Community Development Department had determined the appellant, the Vail Valley Foundation, had standing as an aggrieved or adversely affected person, the appeal was complete and notice was given in a timely manner. Additionally, the Community Development Department recommended council uphold the decision of the DRB of September 18, 2013; and make the finding of facts listed on the memorandum provided to council in their packets. Ruther reviewed those Town Council Meeting Minutes of October 15, 2013 Page 4 findings of facts with the council stating though the material fit the design criteria, the white color of the fabric did not comply. The finding of the material color, white, being non - compliant was based upon the following factors: 1. White is not a natural, earth tone color as contemplated by the Town's adopted Design Guidelines and consistently applied since their adoption; 2. The DRB has denied other requests for white roof material colors; 3. A white colored roof is neither satisfactory in appearance, nor is it compatible with the structure, site, surrounding structures and overall character of Vail; and 4. a site visit to the proposed development site revealed to the DRB that the public plaza roof is highly visible from Vail Valley Drive due to the substantial change in elevation. Pedro Campos, Zehren and Associates, spoke on behalf of the appellants, stating the proposed material color was chosen for other qualities. The material is not paper white, but more of an ivory color and the material is more translucent, allowing 12 -14% sunlight to come through, creating a brighter environment and making it more inviting. Whereas, a darker color will create too much of a shady environment and the comfort of the space would be altered. The solid color additionally creates more maintenance and will cost the appellants more money in the long run. The council was asked if anyone had any questions for the appellant. Daly asked that other than the material being translucent, is there any other reason the appellants think the DRB's decision should be overturned. Campos stated the roof is not similar to anything else in the town and the social courtyard at the amphitheater is not similar to anything in town. The courtyard does not have walls and this is to act as more of a shade and cover, but still have the feeling of an outdoor amphitheater. The material is a mat finish and is not shiny, on the low bench of Ford Park and not highly visible and a different color would really compromise the feeling of the social courtyard. With no further questions for the appellent, council was asked if they had any questions for the staff. Foley asked Ruther what color the Dobson Ice Arena's roof was. Ruther responded it is very similar to the color the appellent is requesting for the social courtyard. Daly asked why the Dobson roof would be approved and not this application. Ruther said the roof was chosen because it reflected the sun off the roof reducing the energy used to maintain the ice rink. Tjossem asked if the Dobson roof had the translucent qualities that this material proposed. Ruther responded no. Council asked if there was any public comment and there was none. Council moved next into council discussion. Rogers said she thinks the DRB erred in this case and she knows the DRB works hard to make sure things form with the guidelines, but this is not just about a color issue, but also about ambiance and the experience of the courtyard. Rogers also disagrees that the roof will be highly visible compared to other buildings in the town, such as the Solaris. Donovan disagreed with Rogers concerning the visibility of the roof, stating there is a section on Vail Valley Drive that will look directly down on the roof and it will be a different experience looking down on a white roof compared to a natural earth tone color roof. Donovan went onto say that Ford Park is a natural park with natural earth tones and council has done a lot of work to keep it that way. Kurz agrees with Rogers that the DRB did what they needed to do based on the guidelines they are forced to work with and he disagreed that it's a highly visible sight . Foley made a motion to uphold the DRB's decision with a modification that the color of the off white ivory material be Town Council Meeting Minutes of October 15, 2013 Page 5 allowed to be used, with a second from Rogers. The motion passed 6 -1 (Donovan opposed). The eighth item on the agenda was Resolution No. 13, Series of 2013, a Resolution Approving Timber Ridge Pre - Development Agreement; and Setting Forth Details in Regard Thereto. Daly stated the council met with the town attorney and staff today in executive session to discuss negotiations and now council has an agreement before us to consider. Town Attorney Matt Mire introduced the resolution and stated the agreement calls for a ground lease of 35 years; a property tax exemption; 108 dwelling units with 70% of those units being restricted for employee housing; the developer will submit an initial application by November 30, 2014, with the redevelopment to start in 2014; and the town will refund 100% of the use tax. Ruther stated this is the fourth attempt at redeveloping this property and months ago council directed staff to enter into negotiations with Jen Wright and Gary Gorman to redevelop the Timber Ridge property. The redevelopment will happen on the eastern most ' /z of the Timber Ridge property; which is zoned housing zone district. There would be three or four units with 3 or 4 floors, which would provide 104 -108 dwelling units. There is a parking requirement of 1.5 spaces per dwelling unit on site. Rogers primary concern was that the town was giving up a lot to have the same number of units. Rogers stated she would like to see a fourth floor. Gary Gorman, representing the developing team, stated the challenge of adding a fourth floor is the parking requirement. A fourth floor would also require an elevator to make the property marketable, but he stated he would look into that cost. Moffet disagrees with the 1.5 parking requirement and felt there has always been a push for more parking spaces than is needed. Foley made a motion to pass Resolution No. 13, 2013, with a second from Tjossem. Daly stated the language concerning the refund of use tax is subject to further discussion. There is a date change from the initial application to be submitted by November 30, which now will be required to submit the initial application on November 29, because November 30 falls on a Saturday. He would also require a minimum of 108 units. Foley amended his motion, with Tjossem amending her second. Council was asked if there were any further comments. Rogers asked if approving this resolution tonight would limit the units to 108. Mire responded that it is just setting a minimum of 108 units. Rogers stated she would vote in favor of the preliminary predevelopment agreement but will not vote for the actual development agreement if there are not additional units added. Donovan and Daly commented on how far the town has come to getting the Timber Ridge property developed. The motion passed unanimously 7 -0. The ninth item on the agenda was the first reading of Ordinance No. 13, Series of 2013, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District (SDD) No. 6, Vail Village Inn, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in the allowable gross residential floor area (GRFA), located at 16 Vail Road (The Sebastian) a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Community Planner, Warren Campbell stated that on August 26, 2013, the Planning and Environmental Commission (PEC) held a work session on the Town Council Meeting Minutes of October 15, 2013 Page 6 proposal to add approximately 691 square feet of GRFA to the penthouse unit. The PEC offered a comment on the proposal with regard to the need to evaluate the proposal pursuant to the criteria, the north elevation, and the limited visibility of the proposed expansion. On September 9, 2013, the PEC held a public hearing on the request for a recommendation on a major amendment to add GRFA to the existing penthouse unit. A motion for approval failed and a subsequent motion to table the request was approved. The PEC gave direction to review the roof forms and address the concerns stated in the staff memorandum with regard to staff's response to criterion one. On September 23, 2013, the PEC forwarded a recommend of approval, with conditions, to council for a major amendment to SDD No.6, Vail Village Inn, to increase the allowable GRFA for Phase IV, with a vote of 5 -1 -0. This recommendation was based upon the review of the criteria outlined in the September 23, 2013, memorandum to the PEC and the evidence and testimony presented. Campbell stated additional GRFA being proposed is +839 square feet just for Phase IV, The Sebastian only. Moffet said a requirement to increasing square footage is public benefit and he is not seeing any public benefit by granting the additional GRFA. Rogers said when council approved Solaris 860+ square feet, the council would not approve it without significant public benefit such as the movie theater and bowling alley and Rogers felt you could not make this requirement for one developer and not make the same requirement for another. Donovan felt you cannot compare special districts, but did note there was no public benefit in this application. The council requested to hear from the applicant. Dominic Mauriello, with Mauriello Planning Group, represented the applicant, AMPH, LLC and stated the property is unique and the owner has always "paid it forward" by enhancing the property with public benefits. Greg Spencer, with Timbers Resorts, reminded council the property was a bankruptcy property that did not have a Certificate of Occupancy until the applicant bought it and brought the building up to the building standards required by the town at the cost of $12 million. The Sebastian has invested in public art, improved signage on Vail Drive, and improved landscape on the Grappa property. The Sebastian has hosted several special events and has also sponsored events. Spencer listed several things The Sebastian property has invested in the town with not being asked to do so and the owners are moving from down valley to the town and that is the investment. There were no additional questions for the applicant regarding public benefit. Mauriello demonstrated all views of the building showing the changes to The Sebastian building over a period of time per PEC requests. Mauriello also demonstrated to council how the additional GRFA fits well with their neighbors and how the Sebastian building does have a stepping feeling. The council asked if there was any public comment and there was none. Daly asked if council had any comments. Kurz stated he had no issues with the addition with concerns to bulk and mass. Kurz went onto say that this group has done a tremendous job on keeping up with town standards. Rogers stated prior to the presentation, she was opposed to the increase in the GRFA, but the list of public benefits that was listed by Spencer and the art work alone, shows the dedication. She has no problems with the application and will make a motion to approve the recommendation of the PEC for the request of additional GRFA. Kurz seconded the motion. Moffet is still waiting for the public benefit and recommended the owner's deed restrict the unit for the public benefit. Foley did not feel Town Council Meeting Minutes of October 15, 2013 Page 7 the additional GRFA will intrude on their neighbors but would like to see more public benefits. Tjossem also supports this proposal. Daly agreed the additional GRFA will not affect their neighbors and the applicants are great community supporters. Therefore, he will be supporting the motion. A vote was taken and the motion passed 6- 1(Moffet opposed). The tenth item on the agenda was second reading of Ordinance No. 14, Series of 2013, an ordinance amending the Vail Town Code to increase the maximum fine for code violations in accordance with State law and setting forth details in regard thereto. Town Attorney Matt Mire stated Ordinance No. 14, passed on first reading with no changes and the ordinance will allow the municipal judge to enforce maximum fines. Council asked for public comment and there was none. Moffet made a motion to approve on second reading Ordinance No. 14 as read, with a second from Rogers. Council were asked if anyone had any comments and there was none. The motion passed unanimously, 7 -0. The eleventh item on the agenda was Adjournment. There being no further business, Donovan made a motion to adjourn, with a second by Moffet. The motion passed and council adjourned at 9:05 p.m. Attest: Tam I, Actin To Clerk Respectfoy- Submitted, Andrew P,,DM—y, Mayor • • � O .Q Co�O�A Town Council Meeting Minutes of October 15, 2013 Page 8 Vail Town Council Meeting Minutes Tuesday, November 5, 2013 4:30 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 4:30 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was the Town Manager's Report. Town Manager, Stan Zemler reminded council that there will be a Town Council Special Meeting on November 12, 2013, at 1:00 p.m. to swear in the newly elected council members. Zemler announced that Vail will host a time trial during the 2014 Pro Challenge Cycling competition on a Saturday in August. Additionally, Zemler explained to council that staff will be looking into the town's current vendor contracts to confirm vendors are not conducting nor promoting their business while conducting business for the town. Zemler said he would report back to council their findings. Daly asked if the town had a conflict of interest clause that applies to the town's employees. Town Attorney Matt Mire said he would look into the personnel manual. The second item on the agenda was the Consent Agenda: 1) Approval of the October 1 and October 15 Town Council Meeting Minutes. Moffet made a motion to approve the October 1 Town Council meeting minutes as presented, with a second from Foley. The motion passed unanimously (7 -0). Moffet made a motion to approve the October 15Town Council meeting minutes as presented with a second from Foley. The motion passed unanimously (7 -0). 2) Council letter of support for the mountain recreation enhancement. Daly asked council if anyone had a comment or concern regarding the letter in their packets addressed to the Forest Service in support of Vail Resorts and their mountain enhancement efforts and council did not have one. Daly then Town Council Meeting Minutes of November 5, 2013 Page 1 asked council if they supported the letter and wish to direct staff to send it to the Forest Service on their behalf and all council members agreed. The third item on the agenda was to appoint one member to the Local Licensing Authority (LLA). Moffet made a motion to appoint Tom Saalfeld as a member to the LLA, with a second from Tjossem. Daly stated the council interviewed Saalfeld during the work session and there was only one qualified applicant. The motion passed unanimously (7 -0). Foley thanked Tom Scola for applying to be a member of the LLA. Foley stated Scola was not a town resident and therefor he did not meet the board requirements. The fourth item on the agenda was a RAMP Update on the Simba Run underpass project. Town Engineer Tom Kassmel reminded council that earlier this summer council directed staff to apply to the Colorado Department of Transportation ( "CDOT ") with three projects for Responsible Acceleration of Maintenance and Partnership (RAMP) funding. Those RAMP projects included the Simba Run Underpass, the Frontage Road Improvements and the East Vail Water Quality Improvements. Kassmel said on October 18th the Simba Run Underpass project was the only project chosen to receive RAMP funding. CDOT had awarded $14.6 million toward the project with the remaining $6.2 million to be funded by the town for a total of $20.8 million. A joint feasibility study between CDOT and the Town of Vail known as a Planning and Environmental Linkage (PEL) report had already begun to understand the project's impacts. Kassmel stated now since there is funding, the next phase will be design and then construction with a completion date in the year 2017. Kassmel said as a part of the RAMP funding process the town is required to submit a commitment letter with an updated scope, a schedule and construction estimate by January 6, 2014, to CDOT. The Project Team will be updating these items and will present the final commitment letter to the town council in December. Daly asked that with the commitment letter, staff provide suggestions of where the portion of the town's funding will come from. Kassmel said the town's portion will be funded with Tax Increment Financing (TIF) dollars. Daly asked if any council members had questions concerning this matter. Donovan asked what happens now with the other two projects that are not being funded by RAMP, specifically the East Vail Water Quality Improvements. Kassmel said the town would need to look for other outside funding and for other opportunities. Daly asked Kassmel if the project can get completed in CDOT's time requirements and Kassmel answered this will be a process that staff will keep council informed and updated on the project's process and also where the town is within the time constraints. Daly wanted to confirm that CDOT could not pull funding and Kassmel confirmed CDOT is as committed as the town. Kassmel added the project will run consistent with CDOT's Context Sensitive Solutions (CSS) process and that as a part of this process, the town is required to set up a Project Leadership Team (PLT). The PLT is a non - decision making group who ensures the project stays on task, is a public and open process, and meets the goals, the purpose's and the need of the project. Town staff and CDOT have discussed possible candidates and suggest the following members: Pam Brandmeyer (Town of Vail Assistant Town Manager); George Ruther (Town of Vail Director of Community Development); Jeff Town Council Meeting Minutes of November 5, 2013 Page 2 Babb (Director of Vail Mountain Operations); Rob Levine (Antlers General Manager, Vail Economic Advisory Committee); Don Maclachlan (General Manager, Cascade Condominiums /Destination Hotels); Laura Mullen (West Vail Liquor Mart, Owner); Steve Olson (CDOT — Region 3 Program Engineer); Mike Vanderhoof (CDOT — Region 3 Planning and Environmental Manager); and Zane Znamenacek (CDOT — Region 3 Traffic and Safety Program Engineer). Donovan said this is a great list and would encourage staff to look for outside people to join this board because this would promote new leadership in the community. Daly agreed and also stated he was not sure if Ruther being on this team was a good use of Ruther's time. Zemler suggested changing that team member to Ruther or his designee. Daly thanked Kassmel for his update. The fifth item on the agenda was first reading of Ordinance No. 16, Series of 2013, An Ordinance Amending Section 13 -7 -8 of the Vail Town Code Regarding Recovery of Costs in Enforcement Actions and Setting Forth Details in Regard Thereto. Town Attorney, Matt Mire reviewed the ordinance with council and stated the current code does not allow for the town to currently recover its costs when there is a zoning enforcement action. Mire went onto say that this ordinance would allow the town to recover its attorney's fees from litigation of a zoning action. Rogers made a motion to approve Ordinance No. 16, series of 2013, as read, with a second from Kurz. Daly asked if there was any further council discussion. Donovan confirmed this was to just clean up the code and Mire agreed. Daly opened it up to public discussion and there was no public comment. The motion passed unanimously (7 -0). The sixth item on the agenda was the second reading of Ordinance No. 13, Series of 2013, an ordinance repealing and reenacting the approved development plan for Phase IV 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 the allowable gross residential floor area (GRFA), located at 16 Vail Road (The Sebastian) /a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Chief of Planning Warren Campbell stated on October 15, 2013, the council approved Ordinance No. 13 upon first reading by a vote of 6 -1. There have been no changes to this ordinance since its approval and asked if Council had any questions and there were none. Daly asked if there was any public comment and there was none. Rogers made a motion to approve Ordinance No. 13, Series of 2013, on second reading with a second from Kurz. Moffet stated he would again be voting against this ordinance based on the same reason as given during the first reading last month. The motion passed 6 -1 ( Moffet opposed). The seventh item on the agenda was Resolution No. 14, Series of 2013, a resolution adopting the 2013 Gerald R. Ford Park Master Plan, and setting forth details in regard thereto. Community Development Director, George Ruther suggested to council to continue the review of the draft Gerald R. Ford Park Master plan from where they stopped during the work session, which was goal 2 of the 64 page document. Tjossem thought Objective 2.3's, Policy Statement 1, conflicted with Action Step 2.3.4. Daly suggested deleting Action Step 2.3.4: "In conjunction with the Vail Valley Foundation, Town Council Meeting Minutes of November 5, 2013 Page 3 evaluate the feasibility of winterizing the Amphitheater to allow for use of the venue during winter months" from the draft master plan. Daly went onto suggest that the word "primary" be changed to "principal" in Policy Statement 1: "Maintain the Ford Amphitheater as the primary summer- time performing arts facility in the Town of Vail." All the council members agreed. Daly suggested in Action Step 2.5.3: "Reduce the parking areas around the Nature Center building by reclaiming these areas to a natural landscape condition" should replace the word "reduce" to "eliminate." All members agreed to that suggestion. Daly asked that Policy Statement 2: "Uses in the Lower Bench shall operate in a manner that limits vehicular traffic to the greatest extent possible. Vehicular access to the Lower Bench of the Park should be limited to: maintenance; delivery of goods or materials too large or too heavy to be carried by non - motorized means; access for people with limited mobility; special transportation; and emergency services" should have language added stating "access for people with limited mobility will be generally provided access by golf cart." Donovan asked what "special transportation" meant on page 26. Tom Braun, with Braun Associates, stated he did not know and suggested removing that language from the master plan. Donovan suggested on page 27 in Policy Statement 4: "Maintain a central trash /dumpster facility within the Parking/Transit Sub -Area and mandate all Park leaseholders use the central facility" to add the word "recycle" after dumpster. Tjossem agreed with Donovan. Rogers asked the words "To foster" on page 32, Objective 5.3, read "Foster a spirit of cooperation between all leaseholders within the Park regarding their use of the Park and how to collectively use and manage the Park for the benefit of all." Rogers said on pages 33 and 34, Policy Statement 1 and Policy Statement 2 conflict with each other. Braun agreed and stated council's previous conversation ended at Goal #6 and he and Ruther are requesting direction from council. Donovan suggested the removal of Policy Statement 2 from the master plan and Rogers felt both policy statements can be removed from the master plan. Ruther said Goal #6 talks about how the town is going to implement the master plan and removing this goal in its entirety may not be beneficial in the future. Tjossem suggested taking Objective 6.1 and make it Objective 5.4, and strike Objective 6.2 and eliminating Goal #6. Braun asked council if they are in agreement to change Objective 6.1 to Objective 5.4; eliminate Objective 6.2; and change the Action Steps 6.2.1 and 6.2.2 to 5.1.4 and 5.1.5. Council agreed to those changes. Tjossem and Rogers requested additional language be added on page 47 making it clear that the Betty Ford Alpine Gardens sub area description includes the area West Betty Ford Way just west of the Children's Playground, which is not considered on the lower bench. On page 42, Donovan requested the last sentence in the first full paragraph that says "By way of example, the removal of the two courts adjacent to the Frontage Road and the Athletic Field concession building would not only allow for a much improved arrival sequence for the pedestrians, but could also provide land for new facilities" be removed. All the council members agreed. Council also agreed to the removal of the last two sentences on page 42 stating "As with the parking lot area, the idea of constructing structured parking below the athletic fields has been discussed in the past. It is expected that if and when this idea is pursued, an initial step would be to evaluate implications to the overall goals for the Park and if necessary initiate amendments to the Ford Park Master Plan." Town Council Meeting Minutes of November 5, 2013 Page 4 Tjossem would like the word "lower" removed from the reference "Lower Commons" and it just be called the "Commons." The last paragraph on page 43, council would like the first portion of that first sentence "With the exception of very minor encroachments from landscape improvements, lighting, seating and other similar features associated with improvements planned for Betty Ford Way" be removed and the sentence to start with "The open turf area should not be reduced in size and no buildings or structures should be permitted in this area." Council reviewed up to page 52 of the draft master plan and agreed to pick up the conversation on this page at the meeting on November 19. Daly opened it to public comment. Nicola Ripley, director of Betty Ford Alpine Gardens, was frustrated with how long this process has taken and is concerned a new council will make the process take longer if the current council delays their vote. Tjossem requested council to continue with the remaining 9 pages of the master plan and get finished with reviewing the plan. Council agreed to finish the public comment and then return to the discussion of the remaining 9 pages. Jim Lamont of Vail Homeowners Association expressed concern regarding parking at Ford Park and the Soccer Field. Jack Hunn of Hunn Consulting would like the language concerning the "3000 square footage" and suggest adding the wording "useable 3000 square footage." With no more comments from the public, the council returned to the master plan and discussion on page 52. Moffet suggested on page 60 to remove Improvement #8 in its entirety and all council members agreed. Daly suggested also the removal of Improvement #10 on page 61 and all council members also agreed to that removal. Daly opened the discussion to public comment. Lamont would like Improvement #10 to stay in the plan. Daly asked if there was any more discussion and there wasn't any from the public or the council. Moffet made a motion to table the vote on Resolution No. 14, Series of 2013, to the next council meeting on November 19, with a second from Tjossem. The motion passed unanimously (7 -0). The eighth item on the agenda was recognition of Kerry Donovan and Kevin Foley's service as Town Council members. Daly stated the current council has worked well with each other and have learned to respect each other's opinion. Daly stated Donovan brought youth to the council and encouraged people to vote for Donovan as the area's State Representative. Daly stated Foley exemplifies community service in Vail with his 14 year involvement on council. Foley has contributed to making this community a wonderful place to live and work. The ninth item on the agenda was Citizens Participation. Diane Johnson from Eagle River Water & Sanitation District reminded council and citizens that starting on November 15 there will be smoke testing. Mike Cacioppo, Eagle County resident expressed his anger and frustration with the town's police department with a request he has made to review video footage. Zemler stated the town is currently looking into Cacioppo's request and his accusation that a crime was committed when his newspapers disappeared from the hallway. Jonathan Levine of Hummers of Vail expressed his frustration with council members and staff not responding to his emails regarding the transportation ordinance. Daly offered to sit down with Levine and discuss his concerns in depth at a later date. Ceil Folz of the Vail Valley Foundation Town Council Meeting Minutes of November 5, 2013 Page 5 offered thanks to council members Donovan and Foley for their services. Foley offered condolences to the family of Allen Christensen, who recently passed away. There were no further comments from citizens. The tenth item in the agenda is the Gerald R. Ford Park Amphitheater Operations Plan. Community Development Director George Ruther reviewed the materials in the council packets and reminded them of the reasons for requesting the Operations Plan, such as to ensure adequate public access to the lobby space when not in use by the Vail Valley Foundation ( "VVF "); the management of the proposed use does not unnecessarily conflict with the other stakeholders in Ford Park; reasonable public access and availability of the restroom facilities proposed in the new amphitheater addition; and the proposed use operated in conjunction with the amphitheater. On October 15, 2013, the council reviewed the draft Operations Plan for the Gerald R. Ford Amphitheater lobby. As a result of their review, the council tabled the item to the November 5th town council meeting and asked that certain changes be made to the Operations Plan and that certain questions be answered. The revised Operations Plan is the VVF's response to the changes and questions. Daly asked if any council members had any questions for Ruther and there were none. Daly asked if the VVF had any comments. Jack Hunn with Hunn Consulting said the VVF reviewed the restroom facilities plans with council and the VVF found an opportunity to take a space which was going to be used for storage and turn that space into two ADA accessible restrooms in the plaza. Daly asked if council had any questions for VVF. Donovan wanted language added clarifying operating hours "throughout the year." Foley made a motion to approve the Gerald R. Ford Amphitheater Operation Plan, with a second from Rogers and Kurz. The motion passed unanimously (7 -0). The eleventh on the agenda is Adjournment. There being no further business, Foley made a motion to adjourn with a second by Donovan. The motion passed and council adjourned at 7:15 p.m. Attest: Andrew P. Submitted, C4.. ammy a9el, Actin own C erk op Town Council Meeting Minutes of November 5, 2013 Page 6 Vail Town Council Meeting Minutes Tuesday, November 19, 2013 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: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. Alison Wadey, the director of the Vail Chamber, spoke to council about a town -wide promotional event the chamber was hosting called Merry in the Mountains. The event is on December 4th and Wadey said the event is to encourage Eagle County residents to shop locally by businesses providing local discounts. Joe Staufer, a Vail resident, expressed his concerns to council about having artificial turf on the infields at Ford Park. Staufer said the artificial turf will affect Gore Creek's streamtract and he encouraged council to not allow the Vail Recreation District to use artificial turf. There was no further public comment. The second item on the agenda was the Consent Agenda: 1) Resolution No. 15, Series of 2013, a resolution approving and Intergovernmental Agreement between the Town of Vail and County of Eagle for 2014 animal control services and setting forth details in regard thereto. Moffet made a motion to approve Resolution No 15, with a second from Kurz. The motion passed unanimously, 7 -0. 2) Proclamation No. 7, Series of 2013, a proclamation declaring December 10, 2013 Colorado Gives Day. Paula Palmateer, Colorado Gives Day representative and former town council member, stated more than $450,000 dollars was raised for Eagle County non - profits in 2012 and that $500,000 dollars was the goal for 2013. No credit card fees will be charged and First Bank has stepped up with a further monetary incentive. Palmateer Town Council Meeting Minutes of November 19, 2013 Page 1 encouraged everyone to go online and donate by December 10. Moffet moved to approve Proclamation No. 7, 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 reminded council there will be two half day retreats prior to the council work sessions on December 3 and December 10 from 8:00 to 1:00 at The Grand View, located at the top of the Lionshead parking structure. The fourth item on the agenda was the Castle Peak Care Community Funding Request. Lisa Pease spoke to council about the senior care facility that was being built in Eagle Ranch in the town of Eagle. Pease provided a brief history of the project stating that in 2009, the Eagle County Commissioners discussed the lack of senior services in Eagle County. In 2013, the county purchased five acres in Eagle Ranch and chose the nonprofit organization Augustana Care to develop and own the care community. The county, Augustana Care and volunteers have been on a $4.4 million dollar capital campaign to construct and equip the senior care facility by traveling to all the Eagle County communities to request assistance with funding. Pease said the care community will be designed to serve people at all economic levels and when fully occupied, it is expected to serve more than 110 people annually. It will also provide approximately 100 new jobs during construction and 65 permanent jobs when operating. The 62,000 square foot complex will include 20 assisted living rental apartments, 22 skilled nursing private units, 12 memory care private suites and 10 transitional care private suites. The campus amenities will include common dining areas, multi -use activity spaces, a gym, therapy rooms and lounge areas. Pease asked council for a $200,000 donation, stating other towns throughout the county have given about $200,000 each. Daly asked about the project's financial structure, their debt levels and operating guarantees. Pease stated the total project cost is $21,824,000; $12,024,000 will be funded by a USDA rural development loan; there is $4,400,000 Eagle County secondary subordinated debt and $1,000,000 Augustana Care secondary debt. Both will be repaid from surplus funds after the project has sufficient reserves. Also a $4,400,000 Augustana Care capital campaign will raise funds to cover the funding gap. Daily asked if council had any questions. Chapin asked how many facilities are currently in the area. Pease responded there are facilities in Glenwood Springs, Carbondale, Rifle, Steamboat Springs, Grand Junction and the Front Range. Daly asked why the communities throughout the county are being asked for funding as opposed to the county coming up with the remaining funding needed for the project. Kathy Chandler -Henry, an Eagle County Commissioner, stated the care facility benefits all Eagle County communities. Chandler -Henry stated the CSU impact study shows the economic impact of residents who are 65+ leaving the county has estimated a loss of $43 million per year between their spending and the sales of their assets. Since there were no further comments from the council, Daily asked for public comment. Dr. Tom Steinberg expressed his support and recommended council contribute more than the requested $200,000. Dr. Steinberg additionally added that Vail resident Mery Lapin is personally contributing $250,000 towards the project and the town should be able to Town Council Meeting Minutes of November 19, 2013 Page 2 contribute more than a private resident. Kaye Ferry, a Vail resident, suggested the town contribute $287,000 to meet the project's half way point. Robert Schilling asked Pease what the care community residential financial makeup looks like. Pease answered the financial look will be both private pay and Medicare. Kurz asked if county residents will have preference. Pease answered no because of the federal funding. Rogers made a motion to donate $300,000 to be paid over a three year period. Bugby asked if Rogers would amend her motion to pay the $300,000 over 5 years in $60,000 increments. Rogers agreed and amended her motion, with a second from Bugby. Daily stated he was comfortable with $200,000 but not $300,000. Moffet agreed with Daly and also requested the county work with the town on affordable housing. Bruno was also agreeable to the $200,000 contribution. Daly asked for a vote to be taken on the current motion for $300,000 to be given over a 5 year period in increments of $60,000 and the motion failed 2 -5 (Daly, Kurz, Moffet, Chapin and Bruno opposed). Moffet made a motion for the town to make a onetime contribution of $200,000 to the Augustana Care Facility, with a second from Kurz. The motion passed unanimously, 7- 0. The fifth item on the agenda was the first reading of Ordinance No. 19, Series of 2013, An Ordinance Amending Section 12 -21 -2, 12 -21,11 and 12 -21 -14 of the Vail Town Code Regarding hazard regulations and setting forth details in regard thereto. Town Engineer, Tom Kassmel explained to council that the State of Colorado had adopted higher standards for floodplain management. The major changes to the previous requirements included provisions to critical facilities and floodway surcharge criteria. Kassmel stated the state has given communities until January 14, 2014, to adopt local regulations consistent with the new standards in order to remain in good standing in the National Flood Insurance Program (NFIP) and be eligible for grant funding through the Colorado Water Conservation Board (CWCB). Daly asked if council had any questions for Kassmel. Moffet asked if there are any impacts to homeowners and Kassmel said no there wasn't. Daily requested a more detailed presentation to include a floodplain map for council to review at the second reading of this ordinance. Daly asked if there was any public comment and there was none. Moffet made a motion to approve Ordinance No. 19, Series of 2013, on first reading, with a second from Rogers. The motion passed unanimously, 7 -0. The sixth item on the agenda was the first reading of Ordinance No. 20, Series of 2013, an ordinance providing for the levy assessment and collection of town property taxes due for the 2013 tax year and payable in the 2014 fiscal year. Kathleen Halloran, the Assistant Finance Director, explained to council this ordinance authorizes the collection of property taxes in 2014 based upon 2013 assessed valuations of property within the town's boundaries. Eagle County is responsible for assessing values and for collecting property taxes on the town's behalf. The town is required by Colorado state law to certify the mil levy by December 15 of each year. The ordinance is based on preliminary assessed valuations from the county. The town's base mil levy is 4.69 mils and the abatement levy is .015 mils. Abatement results when a taxpayer protests an assessed valuation after the normal protest period and is refunded a portion of the tax Town Council Meeting Minutes of November 19, 2013 Page 3 already due or paid. The abatement mil levy allows the town to recoup the refunded amount. This abatement levy of .015 mils equates to an additional $1.19 per year for a $1 million home and $4.35 per year for $1 million commercial property. The property tax authorized by the attached ordinance will generate $4.3 million in revenue in 2014, representing approximately 8% of the town's total revenue. The estimated total net assessed valuation for 2014 is an increase of 7.4% from the prior year's assessed valuation. Halloran will have updated numbers from the county by second reading. Moffet made a motion to pass Ordinance No. 20, Series of 2013, on first reading, with a second from Kurz. The motion passed unanimously, 7 -0. The seventh item on the agenda was the presentation on the Timber Ridge Redevelopment project. Community Development Director George Ruther provided council with a summary of the proposed redevelopment of the eastern one -half of the Timber Ridge Village Apartments, which are located at 1280 North Frontage Road. Ruther explained a summary presentation of the redevelopment proposal was required pursuant to the terms outlined in the Pre - Development Agreement, executed by and between the Town of Vail and Gorman and Company. Ruther said council instructed staff to enter into discussions with Jen Wright and Gary Gorman on the redevelopment of Timber Ridge. All parties agreed that an RFP process was not needed as that process had failed to achieve the town's objectives on three previous occasions. Ruther said a "bottom up" approach based upon carrying capacity of the site had been used to determine development potential which had resulted in a project that is financially feasible and can be constructed unlike the previous three attempts. The development will consist of four, three -story tall buildings containing at least 113 dwelling units. At least 70% shall be deed restricted pursuant to zoning requirements. Ruther said there will be eighty -four (84) two bedroom units ranging in size from 870 square feet to 933 square feet and twenty-nine (29) one bedroom units ranging in size from 597 square feet to 633 square feet. Each unit will be provided with its own entrance off a shared exterior stairwell and with be equipped with a washer and dryer, gas furnace, energy star rated kitchen appliances and a 360 cubic foot storage closet (5'x8'x9'). There will be 153 surface parking spaces total for 1 parking space per one bedroom unit and 1.47 parking spaces per two bedroom unit. Ruther stated the town is obligated to mitigate rockfall hazard and the developer is obligated to pay for Frontage Road turn lane improvements. There have been initial pre - application meetings with the town fire department and the Public Works Department and the CDOT application and meetings are pending. The development application is required to be submitted by November 25, 2013, and the final Planning and Environmental Commission meeting is on December 16, 2013. Ruther said construction could start by late spring 2014. Rogers inquired why there was no information provided regarding a fourth story and an elevator, which council requested staff to provide at this presentation. Jenn Wright of the development team explained the rationale and efficiencies for buildings that are three stories compared to four stories. Wright also talked to council about his previous development experience in the county, which included Mountain Star, Eagle Ranch and the "Ruins." Wright also stated the development is geared around year around employees and what people can afford. Bugby stated parking Town Council Meeting Minutes of November 19, 2013 Page 4 makes the property desirable and the current parking proposal of 1.3 spaces per unit would be a problem. Moffet made a motion to instruct the Town Manager to sign the development application, on behalf of the Town of Vail, to allow the project, as proposed, to proceed through the town's development review process, with a second from Kurz. Daly asked if there was any public comment. Jim Lamont, Vail Homeowners Association asked about the rockfall mitigation that would be required. Ruther said there are three solutions: one to remove the hazard from the hillside, install rock wire mesh, or to drill into the rock and physically pin it into the hillside. Since there were no further comments from the public, Daly asked if council had anymore comments and there were none. A vote was taken and the motion passed unanimously, 7 -0. The eighth item on the agenda was Resolution No. 14, Series of 2013, a resolution adopting the 2013 Gerald R. Ford Park Master Plan, and setting forth details in regard thereto. Community Development Director George Ruther reviewed the minor changes that council had earlier requested. Daly asked if there was any public comment. There was none. Moffet made a motion to approve Resolution No. 14, with a second from Kurz. Daly asked if there were any further comments from the council. Bugby requested the resolution be tabled to allow the new council members time to review the suggested master plan prior to voting on it. Chapin said being a new council member, he was concerned about voting on an item he did not have the complete history and knowledge about. Kurz said he did not see any reason to table this item and that the stakeholders need to have a decision tonight so they may move forward with their plans. Moffet agreed with Kurz. Additionally, Moffet said the master plan was a guiding document, not zoning, non - prescriptive. Bugby said he would be voting no on approving the resolution because he feels he has not had enough time to review the proposed master plan. Bugby also expressed concern about having artificial turf in Ford Park. Rogers said there will be a possible new council every two years and that does not mean the new council re -does what former council has done. Rogers used the EverVail project as an example. Rogers suggested the new council members get educated and make the best choice they can. A vote was taken and the motion passed 5 -2, (Chapin and Bugby opposed). The ninth item in the agenda is the second reading of Ordinance No. 16, Series of 2013, an ordinance amending Section 13 -7 -8 of the Vail Town Code regarding recovery of costs in enforcement actions and setting forth details in regard thereto. Town Attorney Matt Mire stated at the November 5th council meeting the council approved the ordinance on first reading with no changes. Moffet made a motion to approve Ordinance No. 16, on second reading as read, with a second from Rogers. Daly asked if there was any public comment and there was none. Daly asked if council had any comments. Bugby expressed concern for citizens who may get sued by the town cannot compete with the town's resources. The motion passed 6 -1, ( Bugby opposed). Town Council Meeting Minutes of November 19, 2013 Page 5 The tenth on the agenda is Adjournment. There being no further business, Moffet made a motion to adjourn, with a second by Chapin. The motion passed and council adjourned at 8:40 p.m. Respectfully Submitted, Attest: Andrew P. Daly T my el, Town Clerk Town Council Meeting Minutes of November 19, 2013 Page 6 Vail Town Council Meeting Minutes Tuesday, December 3, 2013 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: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. Jonathan Levine, Hummers of Vail, introduced himself to the new Council members and thanked Mayor Daly for meeting with him two weeks ago to discuss the concerns that Levine had regarding the transportation ordinance. Levine asked if any Council members would step up and lead citizens in developing a solution to problems in the current ordinance. Daly said the public works department and the police department will be working together to develop a strategy that will address the concerns of the increase in transportation vehicles at the transportation center. Rick Sackbauer, Eagle River Water and Sanitation District ( ERWSD), told Council that the lights in the roundabouts are incredible and town staff did a great job. Sackbauer additionally shared with Council correspondence from ERWSD dated, November 26, 2013, regarding the Gore Creek water quality issues. Sackbauer spoke about ERWSD's partnership with the town and other stakeholders to improve the water quality and aquatic environment of Gore Creek. Sackbauer stated though EDWSD will be spending $60 million in the next 15 years upgrading the treatment processes at its three wastewater treatment plants, including the Vail plant, to reduce the discharge of nutrients to local rivers, that effort will still not remove Gore Creek from the state's list of waters impaired for aquatic use. The water quality and biological monitoring in Gore Creek indicated most of the impacted river is located up- stream of the Vail wastewater treatment plant. Sackbauer said the cause of impact was from the development along the creek, which has caused pollution in the storm water, which then makes its way to the stream. Sackbauer explained the ERWSD would be bringing the Colorado Water Town Council Meeting Minutes of December 3, 2013 Page 1 Plan for Council's review during the December 17 meeting and he hopes the Council will approve and adopt that plan. Karen Albright, property manager for Meadow Vail Place, requested the town give 10 feet of the 70 foot stream tract to Meadow Vail Place to be used for a lawn area. Council directed her to make an appointment with the town manager and for staff to come back to Council with their recommendations. There was no more citizen participation. The second item on the agenda was the Consent Agenda: 1) Approval of November 5, 2013 meeting minutes. Moffet made a motion to approve the November 5 meeting minutes with a second from Kurz. The motion passed unanimously 4 -0 -3 (Bruno, Bugby and Chapin abstained). 2) Approval of the November 19, 2013 meeting minutes. Moffet moved to approve the November 19 meeting minutes with a second from Kurz. The motion passed unanimously 7 -0. 3) Resolution No. 16, Series of 2013 — Colorado Department of Transportation (CDOT) 1 year lease. Moffet made a motion to approve Resolution No. 16 with a second from Kurz. Rogers asked if Vail Resorts (VR) will be reimbursing the town for the lease of the Frontage Roads. Public Works Director Greg Hall stated the town has requested reimbursement. The motion passed unanimously 7 -0. 4) Resolution No. 17, Series of 2013 — Colorado Department of Transportation (CDOT) 3 year lease. Moffet made a motion to approve Resolution No. 17 with a second from Kurz. The motion passed unanimously 7 -0. The third item on the agenda was Town Managers Report. Town Manager Stan Zemler tabled the discussion of the construction use tax update until the December 17 meeting. Zemler had no further business to discuss. The fourth item on the agenda was the Eagle County Immigrant Advisory Committee Award. Vail Police Chief Dwight Henninger and Avon Police Chief Bob Ticer stated the Eagle County Law Enforcement Immigrant Advisory Committee had been recognized by the International Association of Chiefs of Police (IACP) with two awards for building trust between the immigrant community and law enforcement. The awards were presented during the IACP's annual conference on October 19 in Philadelphia. Daly complemented the team on their work and how important their work was to this community. The fifth item on the agenda was a 2014 Q/A Discussion with Representative Diane Mitsch Bush. Mitsch Bush talked to Council about the state's budget and how the state is committed to spending $2 million on promotional funding for creative industries; $36 Town Council Meeting Minutes of December 3, 2013 Page 2 million went into CSU and CU educational centers for future businesses; and $19 million was going toward mental health centers. Mitsch Bush's committee assignments include Agriculture, Livestock & Natural Resources; Joint Agriculture & Natural Resources; Transportation Legislation Review Committee; Transportation & Energy; and Water Resources Review Committee. Moffet asked Mitsch Bush for more funding assistance for the EGE airport which would assist with getting more vehicles off the interstate by offering more flights to the area. Moffet also asked Mitsch Bush to keep Council informed on issues when their voices are needed to be heard. Daly requested no more collective bargaining bills. Rogers asked Mitsch Bush to come back next year and added the discussion was very informative. The sixth item on the agenda was the Vail 1 -70 Underpass Commitment Letter. Chief Engineer Tom Kassmel stated the town was awarded $14.6 million dollars of Responsible Acceleration of Maintenance and Partnership (RAMP) funding by Colorado Department of Transportation (CDOT) this past October for the design and construction of a new Vail 1 -70 Underpass. Kassmel explained the town must match an additional $6 million and commit to this match through a Letter of Commitment to CDOT. The Town's matching funds had been budgeted through the Vail Reinvestment Authority (VRA) over the next 4 years. Moffet made a motion to approve the letter of commitment with a second from Kurz. Moffet asked the town attorney Matt Mire if the Council needed to reconvene as the VRA to approve the letter since the $6 million would be funded from tax increment financing dollars. Mire stated since the letter is not due to CDOT until the first of the year, Council could approve the letter tonight and at the town Council meeting on December 17 the Council could convene as the VRA to formalize the town's commitment on the record. With no further comment from Council or the public, the motion passed unanimously 7 -0. The seventh item on the agenda was the Commission on Special Events (CSE) Annual Report to Town Council. Acting CSE Vice Chair Barry Davis shared with Council the CSE's two day process for allocating funding for events in 2014. Davis stated the first day consisted with meeting with event producers and having them present their proposals for the upcoming year of events. The second day the CSE members meet and discuss each proposal in depth and how that proposed event aligns with the Vail Local Marketing District Advisory Committee's (VLMDAC) strategy and the Vail brand. Davis stated the CSE was proud of the reported 2013 record sales tax and the return on investment. The CSE showed the money being spent on events had a $2.37 return in sales tax dollars. Davis said this information was calculated by using the numbers the event producers provided. Daly stated he had difficulty in the believability in the numbers that the event producers were providing for lodging nights and the economic impact to the town. Additionally, Daly noted that any event that Highline produced seemed to come back the following year and doubled in the funding being requested and cautioned the CSE in believing the producer's numbers. Economic Development Director Kelli McDonald reminded Council the CSE requested funding from Council in 2013 to contract for a follow -up evaluation by a third party that would develop methodology to measure this function. The results of this project would be presented to Town Council Meeting Minutes of December 3, 2013 Page 3 Council in early February, 2014. Moffet would like Highline to report real numbers rather than take responsibility for over the top sales tax. Rogers said Highline is a great event producer, but she agrees with Daly and Moffet and is not sure why the event producer does not present realistic event numbers. Davis moved onto the 2013 -2017 CSE Strategic Plan saying the CSE had adopted a significantly improved set of operating guidelines with the objective of greater accountability, more rigor in why and how events are selected, and ultimately, greater effectiveness. Detailed within the revised Strategic Plan is a summary of the CSE's tightened strategic direction and a reevaluation of each allocation based on accurate recap information as measured against defined criteria. Davis said the CSE would like to formally adopt the plan at the next CSE meeting based on Council's vote today. Daly asked what CSE meant in their mission statement when they say "integration." Davis said its activation in both Lionshead and Vail Village. Daly also stated the strategic fundamentals stated "the CSE will encourage and recruit independent event organizers to produce events in Vail by acting in a supporting role to provide seed funding for the development of new events, as well as consistent funding for existing events that continue to contribute to the economic vitality of the community." Daly explained he could not support the "consistent funding" part of that statement due to possible future economic challenges. Chapin recommended changing the wording to "...as well as funding consideration for existing events." Davis said that change could be made. Rogers stated the CSE had come a long way in the last two years. Daly asked if there was any public comment and there was none. Moffet made a motion to approve the 2013 -2017 Strategic Plan as amended per the discussion with a second from Kurz. The motion passed unanimously 7 -0. Moffet made a motion to approve the 2014 CSE funding allocations as presented with a second from Kurz. The motion passed unanimously 7 -0. Davis spoke to Council regarding two events the CSE did not have funding for due to the 10% cut from their budget, but the board still felt both events would fit in the event calendar. These events were Vail Living Well Summit and the Summer of Bluegrass concert series that would be held in Lionshead. Daly informed Davis of the additional funding the CSE received during todays Council work session for events that fit in Tier IV, such as the Vail Living Well Summit. Moffet asked for more information regarding the $80,000 funding request for the bluegrass series. Davis said the request is for up to $80,000 and really depends on the talent the producer can arrange. Bruno informed Council this series would take place on Wednesday nights, which could assist with getting mid -week overnight stays. Chapin added the series would be hosted in Lionshead which fills that niche. Rogers agreed and commented that Lionshead is getting the reputation as a venue for hosting cool live music. Rogers was willing to support funding up to $80,000. Daly asked if there was any public comment. Rayla Kundolf, Vail resident, business owner and CSE member, agreed $80,000 is a lot of money, but the higher dollars will bring a great musical lineup and people would come. Daly asked Kundolf why CSE didn't fund the bluegrass series if the board felt this was a great event. Kundolf stated the 10% decrease in the budget affected what events could be funded and the CSE additionally had asked many event promoters to come together and work on cost efficiencies. The event producer Ariel Rosemberg, with Lakeside Stride LLC, addressed Council and stated the event he was proposing was similar to the bluegrass event he produces in Town Council Meeting Minutes of December 3, 2013 Page 4 Denver and the caliber of the talent will depend on the funding assistance he receives from Council. Moffet asked if CSE was comfortable with bluegrass fitting the Vail brand. Davis said the board believed this would be an event everyone would feel comfortable going to. Bruno stated bluegrass has loyal followers who would travel to see their favorite bands. Town Manager Stan Zemler stated he wanted it to be clear the 10% cut from the CSE budget was an incorrect statement. The cut in the CSE budget in 2014 was from a onetime funding in 2013 for a Memorial Day Event and that funding was never to be permanent. Zemler went onto say that the funding for this event would need to come from the 2014 reserves and be a one time allocation with the hopes the event would be successful to stand on its own in 2015. Rogers agreed with taking the funding from the reserves and to have CSE come back after the event for a recap to see if Council should then increase the CSE's budget to assist with this event in the future. Bugby expressed concern the event would be competing with Bravo. Chapin stated he supported this event and acknowledged the Lionshead merchants wanted this event to happen. Kurz made a motion to allocate $50,000 to this event with a second from Moffet. Chapin asked the producer if he could put the event on for that allocated amount. Rosemberg stated he thought this event could still be produced at a high caliber for that amount. Daly said he liked the event but is troubled by spending money from the reserves and questions the Council's responsibility to the citizens and because of that he would not be supporting this motion. Zemler confirmed with Council this would be a onetime allocation. Rogers said yes it's a onetime allocation, but she wants to have a conversation in 2014 to possibly increase CSE's budget for 2015. The motion passed 6 -1 (Daly opposed). The eighth item on the agenda was the second reading of Ordinance No. 19, Series of 2013, An Ordinance Amending Section 12 -21 -2, 12 -21 -11 and 12 -21 -14 of the Vail Town Code Regarding Hazard Regulations and Setting Forth Details in Regard Thereto. Tom Kassmel stated there were no changes to the ordinance from the first reading on December 3rd. Moffet made a motion to approve Ordinance No. 19 with a second from Rogers. Daly asked if there were any comments from Council. Bugby asked if this ordinance would affect property ratings for homeowners. Kassmel said it would not and this ordinance was required by the State of Colorado. Daly asked if there was any public comment and there was none. The motion passed unanimously 7 -0. The ninth item on the agenda was the second reading of Ordinance No. 20, Series of 2013, An Ordinance Providing for the Levy Assessment and Collection of Town Property taxes due for the 2013 tax Year and Payable in the 2014 Fiscal Year. Assistant Finance Director Kathleen Halloran stated the town received an update from the County Assessor which showed a decrease in valuations by 2.5% from earlier estimates, or approximately $111,500 impact to revenue projections. Halloran said the 2014 budget for property tax is $4.3 million and will need to be adjusted during the first budget supplemental in 2014. The property tax authorized by Ordinance No. 20 will generate $4.2 million in revenue in 2014, representing approximately 8% of the town's total revenue. Moffet moved to approve Ordinance No. 20 with a second from Kurz. Town Council Meeting Minutes of December 3, 2013 Page 5 Daly asked if there were any comments from Council or the public and there were none. The motion passed unanimously 7 -0. The tenth item in the agenda is the first reading of Ordinance No. 22, Series of 2013, An Ordinance making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Police Confiscations Federal Fund of the 2013 Budget. Assistant Finance Director Kathleen Halloran said this supplemental request would adjust the budget to reflect $699,600 of additional revenue and proposes an increase of $937,600 to expenditures. Daly asked if the town ran over budget on the Sundial project. Public Works Director stated the budget ran over due to the streetscape work and the addition of a retaining wall. Daly stated the town is doing a lousy job estimating town projects and asked how this could be rectified in the future. Rogers would prefer the projects be presented at a higher cost and come in below the estimate rather then continually requesting additional funding. Zemler said staff would provide a cost analysis for Council's review at the next meeting. Daly questioned if $27,000 from the police confiscated funds should be used toward the purchase of the mobile communications vehicle. Police Chief Dwight Henninger said there are very specific regulations on what those funds could be used for and this purchase is an appropriate use of these funds. Daly expressed concern the town if putting more money toward the mobile communication vehicle then the original agreement of a 50/50 split. Rogers and Chapin agreed with Daly that the town needs to stick to the original agreement of the 50/50 split. Moffet made a motion to approve Ordinance No. 22 with the adjustment to the funding for the mobile communications vehicle with a second from Kurz. Daly asked if there was any public comment and there was none. The motion passed unanimously 7 -0. The eleventh on the agenda the first reading of Ordinance No. 23, Series of 2013 Commercial Ski Storage, An Ordinance Extending a Temporary Moratorium on the Processing and Approval of all Business and Land Use Applications for Private Ski Club Uses Within the Town. Community Development Director George Ruther stated that the staff had recently received several inquiries to operate private ski clubs within the town. Ruther said that pursuant to C.R.S. § 31 -23 -301, the town is empowered to regulate and restrict zoning, including but not limited to the location and use of buildings within its jurisdiction. Ruther additionally stated pursuant to C.R.S. § 31 -23- 303(1), the town's zoning regulations must be made in accordance with the comprehensive plan and designed to, among other things, promote health and general welfare within the town. Ruther explained staff needed additional time to gather information and study the impacts of private ski clubs and the zone districts in which they should be permitted. This ordinance would extend the current moratorium until June 17, 2014. Rogers said the moratorium originally was for 6 months and now staff is requesting the moratorium to be extended for another 6 months. Rogers asked Ruther why staff was requesting another six months. Town Manager Stan Zemler stated other town wide projects have been taking precedence. Rogers said extending the moratorium was not fair to businesses that are waiting for a decision. Daly asked if the town was in a position to make this permanent or does it need further study. Ruther felt the project needed more Town Council Meeting Minutes of December 3, 2013 Page 6 discussion concerning policy and conditional use permits to confirm the regulations will achieve the outcome the town wants. Moffet agreed this is a zoning discussion and staff needed to be thorough. Bugby asked how many applications staff has received for this type of business. Ruther replied that staff has received only one application at this time. Bugby suggested allowing the current applicant to go forward with the business using the current zoning. Moffet reiterated this is conditional use discussion and felt more comfortable with extending the moratorium. Daly asked if there was any public comment. Rick Mueller, business owner and ski storage business owner applicant, stated this is what people are looking for to expand their experience and it would additionally get more traffic back into town by Siebert Circle. Rogers asked Mueller when he would need to know Council s decision concerning policy and conditional use for his business to be prepared for the next ski season. Mueller stated he would need to know the town's decision within the next two months so he could start preparing the space for this kind of service. Moffet made a motion to approve Ordinance No. 23 as read with a second from Kurz. Rogers stated she would not be supporting the ordinance extending the moratorium an additional six months. Bugby agreed with Rogers that the six month extension is too long and requests the motion to be amended to extend the moratorium for two months. Daly asked Moffet he would consider amending his motion to extend the moratorium for 90 days. Moffet amended the motion to extend the moratorium for 90 days with a second from Kurz. The motion passed 6 -1 (Rogers opposed). The Twelfth item on the agenda was the first reading of Ordinance No. 24, Series of 2013, An Ordinance Granting a Non - Exclusive Franchise Service Company of Colorado Regarding the Provision of Natural Gas Service in the Town. Town attorney Matt Mire stated the current franchise agreement between the town and Public Service Company of Colorado expires on January 31, 2014. For the Public Service Company of Colorado to continue to provide gas service in the town, it needs a franchise agreement from the town. Mires stated Council reviewed and discussed the franchise agreement in the executive session earlier today and reminded Council the franchise fee increasing from 2% to 3 %, which would bring Vail to the same standards across the state. Rogers made a motion to approve Ordinance No. 24 with a second from Moffet. Rogers stated the section discussing termination, breech and accruement language stated 90/90 days and the town has never given this amount of time. She would amend her motion with the direction to the town attorney to amend that section to read 60/60 days notice. Matt requested the motion to be additionally amended to require the franchise company to provide reports of all suppliers of natural gas that utilize Xcel's facility to provide, sell and distribute natural gas to Vail residents. Daly asked if there was any public comment. Dudly Spiller, attorney for Xcel, requested the 90/90 language not be removed because there might be some extenuating circumstances suggested the language to be amended to state "reasonable time not to exceed 90 days." Daly asked if there have been any projects that have taken longer than the 90/90 and if that was due to circumstances from weather. Spiller stated he was not aware of any projects that have utilized that amount of time. Bugby stated he would support the 60/60 and 3% fee increase. The motion passed unanimously 7 -0. Town Council Meeting Minutes of December 3, 2013 Page 7 The Thirteenth item on the agenda was Adjournment. There being no further business, Moffet made a motion to adjourn with a second by Bugby. The motion passed and Council adjourned at 9:00 P.M. Respectfully Submitted, Attest: An rew P. Daly, o ammy gel, wn Clerk e 00 ADO Town Council Meeting Minutes of December 3, 2013 Page 8 Vail Town Council Meeting Minutes Tuesday, December 17, 2013 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: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. There were no comments. The second item on the agenda was the Consent Agenda: 1) Resolution No. 10, Series of 2013 — Colorado Water Plan. Chuck Oligby, North West Colorado Council of Government (NWCCOG) Water Quality /Quantity Committee representative of the town and other municipalities, and Diane Johnson, Eagle River Water Sanitation District (ERWSD), explained by passing Resolution 10, the Council would be endorsing the West Slope Principles and Adopting the Eagle River Basin Principles for the Colorado Water Plan. Moffet made a motion to adopt Resolution No. 10 with a second from Bugby. There was no public comment. The motion passed unanimously 7 -0. The third item on the agenda was the Town Managers Report. 1) Construction Use Tax Update. Judy Camp, Finance Director, spoke to Council regarding the history and the process of collecting the Construction Use Tax. Camp said in November 2007, voters approved a 4.0% use tax on construction and building materials to complement the existing 4.0% sales tax on all other tangible personal property sold at retail in the town. The tax was effective January 1, 2008, and has generated approximately $5.5 million, which was to be used for capital projects. Camp stated following completion of the construction project there is an opportunity for both the contractor and the town to assure the correct amount of tax was paid based on actual costs of the project by requesting an audit of the project. To date the town has not performed any audits, nor has any contractor requested one. Recent valuations provided by builders have shown significant variation in cost per square foot of similar type projects, bringing into question the accuracy of the construction use tax collected. Some contractors have expressed a concern that they have paid more tax than their Town Council Meeting Minutes of December 17, 2013 Page 1 competitors on similar projects. Building permit fees are also based on valuation and although this process does not address building permits per se, if more accurate valuations are established at the time a permit is issued, permit fees will also be more accurate. Camp explained currently the tax is collected at the time a building permit is issued based on an estimated cost of materials equal to 50% of the building valuation as determined by the building inspector based on information provided by the contractor. The first $10,000 of valuation is exempt to provide relief for small projects. Camp said the town staff was working with an outside consultant, RRG, to facilitate a new process going forward to assure more accurate collection of the construction use tax. The building and construction community have been invited to attend the regularly scheduled "Breakfast with the Building Official" meeting on December 20th at 7:00 a.m. to learn more about the new process. Camp added RRG is a private firm that specializes in assisting local governments with the facilitation of programs that encourage regulatory compliance. RRG had successfully implemented similar construction use programs for other municipalities and the town had worked with RRG in the past on sales tax issues. Moffet asked how other communities are confirming they are receiving the correct tax amount. Camp stated other municipalities are also using companies similar to RRJ. Rogers stated there needed to be a distinction between a homeowner who is remodeling a bedroom or bathroom compared to brand new commercial construction. Rogers felt residents should have a different, simpler process while large commercial construction should have a more complex auditing system. Camp stated those processes are being considered depending on the size of the construction job. Camp explained the auditors would not make a decision and that it would be the town that had the ultimate decision making on what process would be used. Camp added the auditor would be paid based on who is requesting the audit, i.e., the town or the contractor. Bugby asked how RRG is compensated. Camp responded it's a flat rate. Daly asked which party is responsible for fees. Camp stated both contractor and owner would be held responsible for any fees. Daly asked if there was any public comment and there was none. 2) Vail Recreation District Operating Agreement with Walking Mountains. Council had no comment regarding this matter. The fourth item on the agenda was the Appointment of Commission on Special Events (CSE) and Vail Local Marketing District Advisory Committee (VLMDAC) members. Daly announced the following would serve on the CSE for a two year term: Nicole Whitaker, Jeff Andrews, Bobby Bank and Rayla Kundolf and Mark Gordon would serve a one year term on the CSE board. Kurz made a motion to appoint the following to the CSE board with a second from Moffet. The motion passed unanimously 7 -0. Daly announced the following have been appointed by Council to serve on the VLMDAC: John Dawsey, Jamie Gunion, Michael Holton and Laurie Mullen. Kurz made a motion to appoint the following to the VLMDAC with a second from Moffet. The motion passed unanimously 7 -0. The fifth item on the agenda was the Retail Marijuana Policy Discussion. Town Attorney Matt Mire stated the town adopted a temporary ban on retail marijuana establishments, which expires on January 21, 2014. Mire requested direction from Council on how they would like staff to proceed by either prohibiting retail marijuana sales within the town; regulating such businesses; or extending the temporary ban to allow the town to further study its options. Mire stated if Council would like to have staff review the zoning and policies concerning marijuana establishments operating within the town, he would request the moratorium be extended for Town Council Meeting Minutes of December 17, 2013 Page 2 another 6 months. Moffet supported the 6 month extension and suggested seeing what the county and other municipalities do and how successful their policies are. Moffet made a motion to direct the town attorney to bring back an ordinance extending the moratorium for another 6 months with a second from Kurz. Rogers stated there was no direction given to Mire and she thought taxation was the way to go, but if she was the only one interested in having staff reviewing policies and zoning possibilities for establishments in town limits to sell or manufacture retail marijuana then there would be no reason to extend the moratorium. Moffet was uncomfortable on making a decision without more information from staff. Bruno agreed with Moffet and would like to see what unravels from other municipalities who grant it. Chapin said he would be the 4th member who was interested in having more information regarding establishments selling retail marijuana. Daly suggested a task force be created with Council and staff. Rogers suggested all Council members be on the task force. All Council members agreed with that suggestion. Bugby wanted to make it clear that it's legal for citizens to smoke in their home but not in public. Chapin wants to see the town be proactive in getting the message out and spreading awareness concerning legalizing marijuana. Daly asked for public comments. Dave Manzanares, operator of Sweet Pioneer, a medical marijuana establishment in the Town of Eagle, felt the liquor store and grocery stores would be the best way to get the message out on where smoking is permitted. Manzanares additionally offered his expertise to Council if they had any questions. Town of Vail Police Commander Craig Bettis spoke to Council about his concerns and the legal issues he sees from allowing the retail establishments. Bettis asked Council if this was really the business the town wanted to get into. The motion passed unanimously 7 -0 The sixth item on the agenda was the Vail Village Townhouse Zone (VVT) District Discussion. On August 21, 2012, Council adopted Ordinance No. 2, Series of 2012, establishing the VVT Zone District. The VVT Zone District was created following numerous public hearings before the Planning and Environmental Commission (PEC) and Council first, then as a private property owner initiated application and later, as a Community Development staff led effort. This VVT Zone District was specifically initiated for developments like the Vail Row Houses 1 -6 aka Vail Townhouses Condominiums, Vail Row Houses 7 -13, Vail Trails Chalets, Vail Trails East Condominiums and the Texas Townhomes. With the VVT Zone District in place, staff reached out to the property owners of the parcels originally identified as potentially suitable for rezoning. A first correspondence requesting feedback was initiated on August 1, 2013, with a second request occurring on November 18, 2013. The deadline for feedback from the November 18th request was December 9, 2013. Community Development Planner Jonathan Spence asked Council to refer to the map in their packets, which identified the five properties that are potentially appropriate for the District. Three of the properties are condominium projects with established home owner associations where decisions are made collectively within the established bylaws. The remaining two buildings have been subdivided vertically resulting in ownership of the land under the building not being held in common. Vail Townhouses Condominiums (A), Vail Trails Chalets (C) and Vail Trails East (D) had submitted letters of opposition representing their 56 units. Opposition has also been received from the owners of units 11 and 11 B of Vail Row Houses 7 -13, (B) and the owners of units 6 and 6B in the Texas Townhomes (E). Of the approximately 77 unit owners, staff had received opposition from 60, support from 4 and no response from the remaining 13. Spence stated based upon the information received to date, staff was requesting Council to direct staff to do one of the following three options: 1) initiate rezoning applications for 5 properties; 2) rezone the application for Vail Row Houses 7 -13 & Texas Townhomes; or 3) no action. Rogers expressed frustration concerning how much time was spent on this issue. Rogers stated she was under the Town Council Meeting Minutes of December 17, 2013 Page 3 impression this was what the people wanted and she was surprised to see the responses from the public. Community Development Director George Ruther stated the process is a predictable process now where before it was questionable on what the results would be from the design review process. Rogers said the Vail Trails Chalet and the Vail Trails East would never be developed due to the height regulations. Bugby stated option three was the better option and he was not sure what Council was trying to preserve. Daly asked if there was any public comment. Dominick Mauriello, representing the Vail Row Houses Unit 7 -13, said that the height is scaring more people away that it was not the square footage. Mauriello reminded Council this issue has been discussed for the last five years and requested a rezoning application be file. There was no further comment from the public. Moffet made a motion to move forward with option #2 which is to move forward to the PEC with a rezoning application for Vail Row Houses 7 -13 and Texas Townhomes only, with a second from Kurz. Moffet added the existing zoning was wrong for these properties. Moffet also thought this would increase conformance of properties. Rogers disagreed with Moffet and said nothing had changed. Rogers thought option #1 was the better direction. Bugby stated he would not support either option 1 or 2 and that the only option to him that made sense was #3 for all properties and not just 9 out of 10. Bugby felt the proposed zoning was wrong for condominiums. The motion passed 4 -3 (Rogers, Chapin and Bugby opposed). The seventh item on the agenda was the second reading of Ordinance No. 22, Series of 2013, An Ordinance making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Police Confiscations Federal Fund of the 2013 Budget. Assistant Finance Director Kathleen Halloran reviewed the changes to the ordinance since the first reading. Halloran said since the first reading, more firm bids were received on the Mobile Communications vehicle. After working closely with the preferred vendor NOMAD, the proposed budget of $350,000 was now reduced to $321,000. Halloran explained 50% of the funding would come from the E911 Board funding of $85,000; the external agencies funding $25,000; the E911 capital reserve in the Dispatch Services Fund $43,000; and the Contribution from NOMAD, the vehicle vendor for $7,500. The town's Capital Projects Fund would cover a net cost of $160,500. Moffet moved to pass Ordinance No. 22 with a second from Kurz. There was no public comment. The motion passed 7 -0. The eighth item on the agenda was the second reading of Ordinance No. 23, Series of 2013 Commercial Ski Storage, An Ordinance Extending a Temporary Moratorium on the Processing and Approval of all Business and Land Use Applications for Private Ski Club Uses within the Town. Community Development Director George Ruther said a six month moratorium was set in June and two weeks ago staff requested to extend the moratorium for another 6 months. Ruther said Council directed staff to extend the moratorium for 90 days and staff was requesting the moratorium expire on March 19 which is 92 days. Ruther stated the 92 days was needed for staff to accomplish research and discuss current policies and current land uses; have meetings with stakeholders; and update Council in March. Ruther said there was not a lot of room to change the scope, which specifically is private ski clubs and ski storage and how they impact the community. Bugby made a motion to pass Ordinance No. 23 with a 92 day moratorium, with a second from Moffet. There was no public comment. The motion passed unanimously 7 -0. The ninth item on the agenda was the second reading of Ordinance No. 24, Series of 2013, An Ordinance Granting a Non - Exclusive Franchise Service Company of Colorado Regarding the Provision of Natural Gas Service in the Town. Town attorney Matt Mire stated the current Town Council Meeting Minutes of December 17, 2013 Page 4 franchise agreement ended in January 2014 and this agreement would be for an additional 20 years and increases the franchise fee to 3 %. Rogers moved to pass Ordinance No. 24 with a second from Moffet. There was no public comment. The motion passed unanimously 7 -0. Town manager wanted to add under his item that for New Years Eve, the town will proceed as last year and that there would be no curfew enforced. Outside bus service will stop at 10:00 p.m. The tenth item in the agenda was Adjournment. There being no further business, Moffet made a motion to adjourn with a second from Kurz. The motion passed unanimously 7 -0 and Council adjourned at 7:50 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor T my Na , A in n Clerk % COVV O• C) ODO Town Council Meeting Minutes of December 17, 2013 Page 5