HomeMy WebLinkAbout2012-07-03 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, July 3, 2012
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
Greg Moffet
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Daly welcomed community members to the meeting. As there were quite a few audience
members in attendance for the Vail Golf Course issues, he set forth ground rules stating
everyone should turn off cell phones, go out in the hallway if they have outside conversations or
needed to take a call. He encouraged good dialogue, asked that everyone be respectful, be
constructive and the Council will do the same. He asked that all comments per person be
limited to two minutes. He also asked that folks not repeat what others said but state they agree
to what was said previously.
The first item on the agenda was Citizen's Participation. Cannon O'Brien, a 19-year old, born
and raised in the valley said he had a proposal for the Council to consider. He said he
understands there are is temporary vending allowed in Vail but would like to propose setting up
a temporary kiosk from November 1 through December 1, 2012, when seven thousand athletes
come to Vail to train. He wants permission to have a kiosk to serve food, snacks, beverages,
protein shakes and coffee at Golden Peak, from November 1, 2012, to December 1, 2012. He
said he would not be competing with Larkspur. Mayor Daly directed O'Brien to contact George
Ruther in the Community Development Department to speak with him and guide him through
the town's process.
Art Abplanalp, representing Glen Hilliard, a property owner adjacent to the 18'' fairway, said his
statements are in regard to the Vail Golf Course proceedings. He said there were two separate
issues: 1) moving the 18'' hole and 2) the rezoning issues. He said a number of people
attended tonight's meeting to speak on both issues. He heard the Council would be continuing
the re -zoning issue to the July 17"' meeting. Because the two issues are intertwined, he asked
that the comments and correspondence from tonight's evening meeting be attached and made
part of the record at the July 17d' meeting when it is considered. Mire said this is not a problem.
He said the correspondence and emails from the July 3rd meeting will be made part of the July
17d' record.
Town Council Meeting Minutes of July 3, 2012 Page 1
The second item on the agenda was the Town Manager Report. Two items were discussed.
The first was the Fire Department Wild land Fire Update. Fire Chief Mark Miller gave an update
on the Ready Set Go program which informed citizens on what to do if there is a wild land fire in
the area. This program was held at the West Vail Fire Station last week. He said 150 people
attended and there was great feedback and the community was grateful for the program. There
were handouts on evacuation plans and kits for those in attendance. Miller said the fire
departments across Eagle County were participating in hosting five more Ready Set Go events
throughout Eagle County. He said all community fireworks in Eagle County have been
cancelled. He said they are taking a very proactive stance on issues that may arise out of use
of illegal fireworks. Miller also said the National Guard is now participating in the Eagle County
fire system and it's a great resource. He met with Vail Resorts Inc. (VRI) personnel and they
have agreed to allow the fire department to use their snowmaking equipment for wild fires if
necessary. VRI's snowmaking equipment on the upper half of Vail Mountain is down for repairs.
However, the lower half of the mountain snowmaking equipment may be used. VRI staff will
also be participating in the First Response team process. He said smoking outdoors within
Forest Service and BLM land is restricted to inside a building, a vehicle or a tent. The Town of
Vail restrictions allow smoking in urbanized areas, which is defined as an area in public ways as
long as you are fifteen feet away from any vegetation and discard the cigarette properly. The
state regulations regarding smoking out-of-doors still apply as well. They are working with the
Bureau of Land Management (BLM) to be able to access their website program that tracks all
lightning strikes in the area. He said there were 7,000 positive and negative lightning strikes in
northern Colorado in the last 24 hours. They are hyper -vigilant. He will be on the website to
monitor the lightning strikes.
Rogers asked if cloud seeding is a possibility. Miller said the cloud seeding process can be
hazardous. Daly said between the Vail Fire Department and the Vail Police Department, they
are doing as much as possible to make this a safe and uneventful holiday season.
The second item on the town manager's report was a discussion by Linn Brooks from the Eagle
River Water and Sanitation District (ERWSD). She said the forecast looked good for rain next
week. However, she said weather patterns are very erratic and following them is difficult.
Currently, the stream flows are well above levels to be concerned with stream habitat. There is
still flexibility in monitoring the stream flows. The water regulations are still normal; however,
other communities are restricting water usage. This only gets those communities up to Vail's
normal regulations which have been in place for 10 years. They are continuing to communicate
with excessive users and reminding them their water usage impacts water flows and water
storage. She looked into cloud seeding, a method to get snow crystals to form from storms, but
for rain it doesn't work well.
She said Black Lakes is full and Eagle Park Reservoir is about 95% full and has enough water
for all decreed water use release augmentation. Normally, they have Homestake Reservoir in
the system but it would limit flexibility. Repairs to the Homestake system are ahead of schedule
and the reservoir will begin to be filled at the end of this year and will be half full by next
summer.
The third item on the agenda was Resolution No. 24, Series of 2012, a resolution authorizing
the Town Manager to execute a pre -construction and construction services agreement on behalf
of the Town of Vail with G. E. Johnson Construction Company for certain pre -construction and
Town Council Meeting Minutes of July 3, 2012 page 21
construction services related to the Town of Vail municipal site redevelopment, and setting forth
details in regard thereto.
George Ruther, Community Development Director, said there was a summary table used during
the general contractor selection process. He reviewed the steps taken by the selection
committee to recommend the town retain G.E. Johnson Construction Co. as the contractor to
complete certain pre -construction and construction services related to the Town of Vail
municipal site redevelopment. He reviewed the memorandum with the Council. There were five
proposals received from the Request for Proposal (RFP) process. The proposals were
narrowed down to three teams of contractors. There were approximately fifteen people on the
selection committee on behalf of the Town, Vail Valley Medical Center and the Steadman-
Philippon Institute. On -site interviews were held with PCL, R.A. Nelson/Haselton and G.E.
Johnson Construction Co. The selection committee asked the general contractors to complete
pre -construction and construction services questionnaires as part of the redevelopment
process. G.E. Johnson Construction Company successfully competed in an RFP process. In
the end, the general contractor selection committee recommended G.E. Johnson Construction
Company out of the five respondents to the RFP. The selection committee found that G.E.
Johnson most closely met the eight adopted selection and evaluation criteria. Project
scheduling and approach were asked of each contractor and the selection committee reviewed
each.
The general contractor selection committee recommends the Council approve Resolution No.
24, Series of 2012, authorizing the Town Manager to execute a pre -construction and
construction services agreement on behalf of the Town of Vail with G. E. Johnson Construction
Company. There were representatives from G.E. Johnson if the Council had questions of them.
Rogers said she feels strongly about hiring locally and she felt local contractor R.A. Nelson was
a strong contender. She said based on everything she read in the packet, she wants a good
reason not to hire locally. She asked if R.A. Nelson teamed with other entities for projects in the
past and how that has worked out.
Ruther said due to the complexity of the project, the selection committee felt G.E. Johnson was
the best choice. He said that particular question did not come up in the selection process.
Ruther said there were questions asked about how they would work together and how they
would organize it. In the R.A. Nelson bid, Haselton was 51% of the partnership and R.A. Nelson
was 49%. Ruther said the contractor chosen will be working together with the medical office
building contractor. Having one general contractor puts the responsibility on one entity. Zemler
said a follow-up question was asked of all the firms regarding hiring local subcontractors. 70-
80% of work completed on the project would be by local subcontractors.
Jim Johnson, President of G.E. Johnson, said he recognized this was a unique project. He
stated several of his employees including managers, superintendent, construction executives,
craftsman, several employees and subcontractors live in the Eagle County area. They have
had an office in the valley for four years. Further discussion ensued.
Daly said the selection committee including Kurz, reviewed the criteria, requirements and needs
during this process. The committee made a decision to have one contractor on site as it served
the project best. One of the key concerns they had was to hire locally. He said Haselton was
based in Denver and R.A. Nelson in Eagle County. G.E. Johnson has been in this area doing
projects continuously for many years.
Town Council Meeting Minutes of July 3, 2012 Page 3
Foley made a motion to approve Resolution No. 24, Series of 2012, and the motion was
seconded by Kurz. A vote was taken and the motion passed unanimously, 7-0.
The fourth item on the agenda was second reading of Ordinance No. 8, Series of 2012, an
ordinance amending the Official Zoning Map to rezone the Vail Golf Course Clubhouse (VGCC)
Parcel from the Outdoor Recreation District to the General Use District, located at 1778
Sunburst Drive/Vail Golf Course Clubhouse (VGCC) Parcel, and setting forth details in regard
thereto.
Moffet made a motion to table second reading of Ordinance No. 8, Series of 2012, to the July
17, 2012, public hearing. Rogers asked why it was being tabled. Moffet said it was because
they needed to address the 18'h hole being moved first, which was the next agenda item, before
hearing about the rezoning item.
Mire said it was decided that the public in attendance would be allowed to make comments of
record on the rezoning item. Then the rezoning can be tabled at that point and staff can
address design issues. The comments on both the rezoning item and the relocation of the 181n
hole agenda items need to be kept separate as they are separate issues and don't necessarily
go hand in hand together. Before tabling to another date, this will give the people in attendance
a chance to express their thoughts and opinions on both agenda items. Then the Council can
make a decision or motion to table after hearing public comment and to allow staff and
consultants to clear up design issues. Moffet withdrew his motion at this time.
Ruther said staff recommended tabling to the July 17 public meeting allowing for the
conversation and comments from the public, as they need to be incorporated into the record.
This will also allow staff to prepare to come back with a Planning and Environmental
Commission (PEC) recommendation and proposals on the rezoning. Zemler said the reason for
putting this in alignment where it is now was because they need direction from Council on how
the Council and Vail Recreation District (VRD) are interested in proceeding with the whole
realignment or not, as it affects how the proposed rezoning moves forward.
Moffet said the public should be aware that their comments should be limited to the rezoning at
this time and not anything else.
Mire stated the relocation of the 18'' hole does not require a rezoning change.
Daly said relative to rezoning, this item came up on the June 19 work session and it was agreed
staff needed to provide significantly more information before Council could consider the item.
Daly said they also have been getting information from adjacent property owners and wanted to
give them the opportunity of being heard at a public meeting. Daly stated for clarification
purposes, the June 19 meeting was the first time the Council saw the site plan of the
redevelopment of the golf course club house and adjacent areas. They were concerned about
parking on the 18'h green and directed staff to come back with alternative solutions. During
today's site visit, staff shared a new plan with Council which made possible a size in reduction
of the VGCC without any expansion of the parking lot and keeping it within the existing parking
lot space, except for parameter expansions of landscaping.
Daly said staff proposed a rezoning. Due to the design of the VGCC and in order to create a
first class clubhouse, this would require an increase in roof height for the VGCC. The best way
to address it is through a rezoning. It is clear to Council in conversation from the public there is
Town Council Meeting Minutes of July 3, 2012 Page 4
a serious concern about any rezoning that may impact the adjacent areas. Council intends to
address concerns as they go through the process.
Tom Braun, with Braun and Associates, said the current areas at the VGCC are zoned two
different zone districts, Outdoor Recreation and General Use (part of the parking lot). If the
zoning isn't changed, they could bring in the project under Outdoor Recreation which only
allows for the building height of 21 feet. This would require a variance and possible conditional
use. If it is re -zoned General Use, it allows the PEC to set the zoning standards. The PEC
could set the building height to more than 20 feet without a variance. He said this is a
procedural step only.
Tjossem stated the rezoning is for only for the VGCC and parking lot. Braun said the line is
from the 18th green to the parking lot. Hall said they would have to go back to PEC to create a
new plan if the line is modified.
Art Abplanalp said he wanted to keep everything consolidated in order that a single record for
both matters could be heard together. He said the problem is that this proceeding is driven by a
plat which included the clubhouse, 18th green and fairway. Because of this plat, which included
moving the 18th green and adding parking where the 18th green is now, was the red flag that
caught people's attention. He said the real issue is that the public notice that went out on the
rezoning and the delayed reaction to it was because it was about the rezoning and not the
moving of the 18th green. There was no separate notice regarding the 18`h green being moved
in the rezoning notice. The Council needs to go back and get a proper description of what
needs to be allowed in the General Use zone district.
Steven Chotin, an adjacent property owner, said he is in opposition to the rezoning and the
renovation of the 18th green. He said he reviewed the video of June 5 when this was discussed,
where this was described as a housekeeping issue. He said his property values and right to
quiet enjoyment would be highly diminished. Another concern is that any future redevelopment
would not need to be presented to the community. The neighbors also want to know what types
of events will be at the new facility. They should be limited to type and number of uses. He said
the General Use zone district uses will devalue properties adjacent to the VGCC. He knows the
VGCC needs to be renovated. He wants the project to benefit everyone involved.
Daly said Council realized this was more than a housekeeping matter and asked staff to go
back and provide more details.
Deborah Webster spoke for several neighbors and said with the rezoning being tabled, the
neighbors want facts, decisions and criteria of how the rezoning may impact the property
owners. They also want to know how special events will be defined, what criteria will be used
and how the multi -use community space is used. She wants stringent parameters in place.
Eustaquio Cortina, a real estate broker, said he represents five to six families on Sunburst
Drive. He said changes within the zoning are acceptable and they need to live with it.
However, he said his owners do not feel they were properly notified.
Jim Lamont, representing the Vail Village Homeowners Association (VHA), said the frustration
that is building around projects that may be zoned General Use district as a catch and is
showing a defect. There are expectations and there are standards, setbacks and heights that
Town Council Meeting Minutes of July 3, 2012 Page 5
are put in place. This needs to occur in General Use zoning. They need commitments and
givens on the part of Council prior to the approval. After approval, standards could be changed.
The public needs long term commitments and knowing what they are guaranteed in the future.
Dale Bugby said his concern is that the zoning is being taken way too lightly. This is a
recreation site, not a convention center site, and the current zoning needs to be kept. He said
the Real Estate Transfer Tax (RETT) funds were used to purchase some of the property and he
wants to know if this changes the requirements for use of RETT funds. He said if they need a
variance for the building, they should ask for it and not change the zoning.
Donovan asked staff to address the RETT issue for the next meeting.
Darlena Montana, representing owners on the Fairway, stated they are opposed to the rezoning
as it will change the area adjacent to their residence.
Glenn Hilliard, owner, said he wanted to include that they have invested a substantial amount
into their property and don't want the values to diminish. He thanked the Council for hearing
their comments and rethinking this issue.
Moffet made a motion to table second reading of Ordinance No. 8, Series of 2012, to the July
17" public meeting and the motion was seconded by Foley.
Zemler asked for Council direction on the hole realignment and asked to change to the date of
the hearing to two meetings from today.
Moffet amended his motion to table second reading of Ordinance No. 8, Series of 2012 to the
August 7th public meeting and Foley amended his second to reflect the date change as well.
Donovan asked about second reading notification to interested parties. Mire said tabling the
item to a specific date allows for that notification.
Zemler said a sign up sheet will be at back of the room asking for emails and addresses of
interested parties. Staff will make every effort to include those on the list.
A vote was taken and the vote passed, unanimously, 7-0.
The fifth item on the agenda was a Vail Golf and Nordic Clubhouse Project update including the
relocation of the 18th green with participation from the Vail Recreation District (VRD) Board.
Daly asked the VRD board members to come to the table for this item. He thanked the VRD
members and those members who put in the time on a joint subcommittee made up of two VRD
board members and two Council members, for their time and energy put into this project as well
as the rest of the VRD board members and staff for their time and energy put in to the fine
recreation amenities that Vail has enjoyed through the years.
VRD board members Bill Suarez, Ken Wilson, Jeff Wiles, Joe Hanlon and Rick Sackbauer and
Mike Ortiz, VRD Director, introduced themselves to the public.
Zemler said Council was clear at the last meeting to remove the parking lot. There are still
items like trash pickup and loading and delivery to address and they are confident they can work
through those issues. Zemler said there was a rumor that a tent was proposed in the back area
Town Council Meeting Minutes of July 3, 2012 Page 6
due to an old drawing that showed a pad -like area that looked like a possible tent. This proposal
includes the same 200 person facility they have been discussing. No tent is involved.
Zemler stated Pedro Campos and Dave Kaslak from Zehren and Associates were there to
discuss the two proposed options. Kevin Atkins, a golf design consultant for VRD, addressed
the 18'h hole realignment. There are two options: 1) move the 18`h hole 150 yards to the east;
and 2) leave the 18th hole where it is. Also discussed was the creation of an indoor/outdoor
event center that serves multiple uses. Staff is asking Council, as the property owner, to give
permission to the VRD to realign the 18th hole if the information given is deemed adequate.
Campos explained Zehren is a local architectural firm. This is a very important project to them.
Their firm is invested in the success of this facility regardless of the 18th hole project. He
reviewed the 115 parking space requirements, the proposed footprint of the clubhouse and a
viable event space. There are impacts to the existing landscaping by eight to ten feet but most
can be replanted. He reviewed the power point submitted, including entrance and exits, bus
turnaround and bus stop. He reviewed the options presented and discussed safety zones for the
golf area at the 18th green and near the clubhouse area.
Kevin Atkinson, with Phelps -Atkinson Golf Design, said his firm has been working with the VRD
since 2009. His firm has designed and renovated many golf courses around the U.S., Canada
and Mexico. He said his firm has won national awards and several awards for their design and
renovations of golf courses. They were hired in January of 2009 to do a master plan for the Vail
golf course and this was presented at a VRD public meeting in October of 2010. During the
development of the master plan process, they spent nine months discussing multiple options as
to where the clubhouse should be located. They determined the clubhouse is in the best spot
now. He said the clubhouse area is very tight, including the 18`h green and the circulation of the
clubhouse and parking are all very tight. They wanted to create more space for safety and
flexibility. The master plan and 18"' green placement were approved in October 2010. Golf
courses are growing, living things, so during the process, the option to relocate the 18th green
and the safety zone issue was discussed. The concepts were all presented in public meetings.
He said developing a new golf green needs to take into account a variety of issues. It needs to
have variety, be fun, be memorable, be aesthetically pleasing and have playability.
His firm hired Dave Tanner, a specialist on determining the height on how high a golf ball can
fly, how far, etc., and that gave scientific data on this location and what the safety concerns are
for this hole. He had to design this hole to create a safe scenario in this area and they needed
to look at netting. Everything comes down to budget. They have to work within budget
constraints given. The various costs are determined by netting which is expensive and that is
how budget came into play. He went through the various concepts presented and the cost of
each. These concepts were studied extensively in 2009 and given budget and time. The
flexible par 4 (long or short par 4) can be a new push in the golf industry to create fun and
variety. This creates a good golf hole.
Campos continued to review the various options.
Rick Sackbauer, VRD board member, said Ben Krueger had been his mentor for 25 years and
taught him a lot about the Vail golf course, clubhouse and maintenance of the golf course,
including how he designed and maintained it. He gave a review of the history of the Vail golf
course through the years. He said Krueger wrote a book called "Ben Here." He said the Vail
Town Council Meeting Minutes of July 3, 2012 Page 7
Golf Club has a history of compromise. He went through all the changes that the golf course
has gone through over the years. He said life safety is the staff and board member's number
one concern. Vail cannot afford to miss building the event center and not using the views at the
golf course. He said the fund balance was $1.25 million a few years ago and now it is $3.3
million. The property taxes and management have helped to increase it. The district has lost
$500,000 the past 2 years due to lower property taxes and will lose $225,000 per year starting
in 2013. They are looking for a new way to offset those losses. They are investing $1 million
and feel this is an outstanding investment. They need to grow and not stagnate. They can't
afford to tread water. Building a competitive event center is what it's about.
Ken Wilson, VRD board member, stated this is his 40 term and 15th year on the VRD board. He
stated this has been the most gut wrenching decision for the VRD board. The relocation of the
18th hole does not require a rezoning change. He said the objectives were to stay within budget,
add an event center for 200 people and having an outdoor component was necessary, but there
needed to be enough parking for golf and the event center. Given the objectives and two years
of scrutiny, making the 18th green a par 4 was necessary. As there has been no increase in
taxes or user fees, this made it a necessity. He has been consistent in saying the 18th green
stays the same. However, the decision was made with due diligence and will be beneficial to all
members of the community.
Rogers asked Atkinson about the safety issues when designing the hole. She was surprised to
find that the current alignment of the 181h hole has safety concerns. She asked what has
changed. Atkinson said golf courses are living, breathing, changing entities. When the golf
course was originally built, there were no safety guidelines, there were no setbacks. After more
and more people realized the dangers, there became a need to have safety guidelines. He said
equipment changes have made the golf ball go farther. This is part of the evolution of the sport.
Michelle Hall stated she had recently finished her second term on the VRD board. She read her
email/letter into the record. She said the voters made it clear on how to use the conference
center funds. She said there were multiple public notices during the process on this issue. She
doesn't think any of the board members, Atkinson or the Council deserve the negativity of the
community.
Stephen Connolly said the last three weeks have been incredible and commended the VRD and
staff on working to try not moving the 18th hole. He asked Council to remove the roadblocks for
getting this done right. If the VRD needs to build a multi -use facility, then they need Council to
fund them. The club house needs to be rebuilt, not remodeled. There needs to be a fully
functioning restaurant, parking utilizing a valet service and release of the VRD from the August
6 start date.
Gretchen Busse, an adjacent property owner, said she lives on Sunburst Drive. Her big
concern is the parking lot and cutting in a berm between Sunburst Drive and the parking lot for a
bus turnaround. She said the curve is on a downhill slope and bikers use this area. It would be
very dangerous. She said the bus exit is a big concern.
Stephen Chotin said remodeling the clubhouse would be a problem. They need tear down and
build a new club house and they need more money. He said to fundraise if they do not have
enough revenue. He said the house values have gone down. If they continue down this road, it
will devalue the property values even more.
Town Council Meeting Minutes of July 3, 2012 Page 8
Daly said the golf course is on a small piece of property as it is. Atkinson said bubble diagrams
studied show relocation and moving several pieces of the golf course is costly. The cost to
redevelop would be around $1.5 million.
Beth Slifer said the decision to add the multi -use facility has been popular for many people in
town. She is the Chairman of the Vail Local Marketing District Advisory Council (VLMDAC) and
said his is fully supported by most of the VLMDAC members, with a couple of abstentions. The
improvements will contribute to the economic vitality of the town.
Rahl Hammond stated it seems like business interests are overcoming the recreation interest.
He said to save the money from moving the 18'hgreen and put it in getting a better clubhouse.
He didn't think moving the 18U' green now is the right time to do so.
Gene Henry stated he spends three months in Vail. He plays the Vail golf course every day. If
he hadn't known Ken Wilson, he said he wouldn't have known about these changes. He said
they need to focus on the range problem and keep the focus on the golfers.
Glen Hilliard said he supports the golfers and neighbors. He believes at this location, the VRD
is in the business of golf, not events. He said when you take a business into another arena, it's
likely not to be successful. He said take the money and build a world class golf club house.
That's an appropriate use, not an events center.
Colleen McCarthy, a thirty-four year resident, business owner and former VRD board member,
said the billion dollar renaissance is the direction of the golf course. She is offended to have a
former elected official reprimand the public for not being involved and not following the process.
She doesn't believe the VRD needs to be in the special event business. They are in the
recreation business. She agrees they need a new clubhouse and a restaurant as the food is
currently non-existent. We need to get back to what VRD is all about which is recreation. She
asked the rezoning issue be eliminated.
Dale Bugby, a resident of Vail since 1980 and business owner, stated virtually no one got the
notice on what was being planned for changes of the 181h hole. Golf should be priority at the
clubhouse and designed for golf first. Designing to accommodate weddings and other events
should be second. He said compromise is not a design standard. He said to save hole number
18 is all it takes to avoid legal fees.
Art Abplanalp, representing all the owners in the safety zone issue area, said none of the
owners living in that area care if they are in the safety zone. They are there to live on the golf
course, and have been living there for years. The resolution to golf balls going over the fences
is to use lower compression balls. Other issues are restrictive covenants and the ballot
question issue. The question wasn't to spend the conference center funds to realign the golf
course 181h green but to use as a multi -use event center. There is no reason to go through the
exercise the Council is considering.
Peter Woods asked if the Atkinson firm was involved with redesign of hole number 7. Atkinson
said no. If the 18`h hole is redesigned to play inside a safety zone, will it be safe in 10 years.
Atkinson said he couldn't say as the golf industry is trying to address these issues all the time.
He asked Campos if the parking will help sustain the events planned. Campos said yes.
Town Council Meeting Minutes of July 3, 2012 Page 9
Hermann Staufer said one thing everyone can agree on is to get a new clubhouse. He was on
the VRD for twelve years. The conference center funds should be dedicated to just the
clubhouse. He said government should not compete with free enterprise. He asked why the
town and VRD should compete with people collecting sales tax for the town and the VRD. He
said the restaurant piece of the club house has not been successful over the years. Why would
the VRD be in the convention business? There is no need for it as there are plenty of other
places in town to fill that need.
Michael Schwartz said he is an avid golfer and plays at the Vail golf course regularly. One of
the special things at the Vail Golf Course is finishing the 18t' hole and watching and being
watched. Moving the green does not improve the golf course or enhance anyone's golf
experience. He wants a full season of golf season to enjoy the golf course before tearing it up
for the renovation. It is a great golf course; don't detract from the golf experience. He
appreciated everyone's work on this project.
Allen Tolk said he hasn't an opinion on whether it should be a par 4 or 5 hole. He has spent
most of his life taking care of people being hit by golf balls. He is concerned about reducing the
chance of someone being hit from the chest by a ball coming over the fence but increasing the
chance of someone being hit in the head from hole 17t' is worrisome.
Atkinson said that particular concern has been considered and trees have been added to the
17'h tee and along the creek to alleviate that concern.
Daly thanked everyone for their participation.
Tjossem said a lot of people have pointed out many things she has been asking herself. She
said the driving range is the culprit of many of the issues. She wants to know why it is a sacred
cow. The driving range is where the focus should be at this time.
Atkinson said low compression golf balls were discussed at length and will continue to be
discussed. As far as keeping the 18'' green sitting where it is now will not be a safe setting if
the club house is rebuilt where it is now. The 18'' green needs to be relocated. Safety should
be considered. He has heard that people do not care but he has been involved in court cases
where the decision was different. It cannot stay where it is as it is a significant safety issue as it
exists right now.
Moffet thanked Sackbauer for the history of the Vail golf course. He said it was important to
know the 18t' is not an iconic hole. He was not on Council when a lot of this discussed in the
beginning. He said in April 2011 there were some renderings of a clubhouse in winter and
interior drawings of the event space. When it came time to discuss conference center funds,
this was what was in his mind. When the time came to discuss conference center funds, what
was compelling is the public was told there would be a facility to accommodate modest events,
including family reunions, weddings and bar mitzvahs. A facility is needed as there is excess
demand now. He fought for this ballot initiative for the reason that this was a multi -use facility to
increase the Vail economy plus provide a great golf experience. Moffet said he is comfortable
with the change of the 18'' hole as the town is on notice that there is a safety issue from the
consultant and the needs to be addressed. We fail the voters if there is not an event space
Town Council Meeting Minutes of July 3, 2012 Page 10
included. This seems like a bait and switch to the voters if we don't follow through with an
events center.
Donovan said she is concerned with the process. She was on the conference committee and
there was specific ballot language. The voters voted to make the golf course a world class
experience and make it an effective community space. She is frustrated with starting out with a
narrow focus on the golf course item and Ford Park, too. They have added more and more onto
this project and it has spiraled a bit out of the original intent. There is a need to take a step back
and look at what the intention was of where the conference center funds are being used. She
appreciates the comments, the emails and conversations as there are many diverse reasons to
keep the 18th hole where it is and it's just not how it finishes. At this time, she can't support
moving the 18th hole. She said they need to gauge down the event center to work with the
Nordic center and improved clubhouse.
Rogers said she can't speak to the finishing hole but she is a retired litigator and when the town
has been put on notice that there is a safety problem and we do nothing, the town can take out
the checkbook. She is very concerned about the safety issue and can't take it lightly. She said
when Timber Ridge was studied, it was in a high rockfall hazard area. The town had potential
legal liability because of the project being in a hazard zone. So the town was forced to do
mitigation on the project to protect the town from liability. If the experts are telling Council they
can't build a clubhouse, even on the existing site, without moving the 18"' hole, she has to be in
favor of moving the 18`h hole. The clubhouse and the 18`h hole are intertwined together when
they weren't necessarily intertwined before. Moving this hole has been on the books for three
years. She hates that this is making one dependent on the other. She agrees with Slifer that
this is in the best interest to create a multi -use facility so many people can use. The event
facility will serve many more community members. When she walked into the clubhouse fifteen
years ago, the view was the best view in Vail Valley. This is a unique location, a facility is
needed and this is an economic driver for the town which is important. She is in favor of moving
the 18th hole.
Foley said he is on the recreation subcommittee. He apologized that the word didn't get out by
not giving enough notice to interested parties to move the 181h hole. They need to answer many
more questions of what needs to be done out at the clubhouse and what will be the actual cost.
He said they need to step back, leave things alone for this season and get more input from
everyone, including the VRD, consultants, public, staff and Council and make this the best
possible project for the town.
Tjossem said she is in favor of the event center. She said a lot of voters were not golfers and
we sometimes over engineer. If you look at Donovan Pavilion, the patio works well at their
location. The event lawn at the golf course may need to be looked at more closely.
Kurz said he appreciated the tone of civility during this discussion. He said this was quite
different from what had been printed in the newspaper of late, as it had been inflammatory and
misleading information. He agrees with having an event center that can be used more than
once or twice. He said with new rules from the Forest Service, some events that we might have
in town may use Vail Mountain. Eagle's Nest will draw events away from town. No events on
the mountain give revenues to the town. Economic vitality is important and if that is connected
to the clubhouse, that is something he supports. He thinks stepping back and taking a closer
look will help.
Town Council Meeting Minutes of July 3, 2012 Page 11
Daly has been on the subcommittee and been part of the entire process. The process has been
an extensive and extraordinary process. He applauds the VRD for their efforts and alternatives
as some ideas that have come up need to be looked at. This should be continued to the July 17
meeting to explore other options that may have been overlooked. The town doesn't have $20
million to put into a major move. Fiscal responsibility is a concern for the public and is also the
Council's concern.
Tjossem asked if the budget is something that can provide wiggle room for the consultants to
come up with something. Daly said could they use another million to throw at this.
Zemler asked Council for clearer direction. He said staff doesn't have two weeks to move this
back if they want to move forward with the start date. It will depend on how far they want to go
with the initial analysis. The VRD can look at low compression balls which helps with that one
zone outside of the netting. This doesn't change the circumstance of moving the 18th hole. He
say they can come back and throw more money at it but they are a bit boxed in as the
discussion to move the range has already been discussed and reviewed. They are back to
some aspect of keeping the hole but using low compression balls and figuring out a different
design at that location. Moving the hole around it doesn't solve the other issues like parking.
Daly said the way the clubhouse is designed still leaves safety issues. Zemler said there may
be a compromise to figure out how not to have balls go over the range and on to that particular
portion. The hole can be moved back a bit farther. But the hole still needs to move. There
needs to be compromise. He said short of abandoning the renovation project and not building a
new clubhouse is an option. The choices are running out.
Rogers asked if there was a deadline. Mike Ortiz said the deadline in order to build the 18`h
green to be used next year means the construction would need to be started by August 6'h.
This will allow turf in the ground by October 61hfor the following year.
Daly said it comes down to using the existing turf of the 18t' green. Kurz said they should only
use low compression balls on the driving range. He asked how the golfers feel about that. Ken
Wilson said it would be a warm up range but not a practice range.
Atkinson said it would depend on the type of low compression ball used. Other golf ranges use
very, very low compression balls, but golfers are not happy using these balls.
Zemler asked if there will be another public discussion. Daly said yes it will be another public
meeting so the public can participate. Zemler said they will make another attempt at this
agenda item and see if they can make the July 17 meeting.
Moffet thanked the VRD board for attending the meeting and invited them back to the July 17`h
meeting.
Daly thanked everyone for participating in the discussion.
A three minute break was taken at 9:00 p.m.
The sixth item on the agenda was the Matterhorn Bridge Replacement Award.
Town Council Meeting Minutes of July 3, 2012 Page 12
Chad Salli, Project Manager, said the bid came in higher than anticipated and said the $100,000
overrun was due to the federal process.
Moffet made a motion to approve supplementing the 2012 budget in the amount of $100,000 to
cover design and construction costs, and to authorize the Town Manager to enter into a
contract, in a form approved by the Town Attorney, with Colorado Constructors Inc. in the
amount of $970,068.30 in order to complete the work. The motion was seconded by Foley. A
vote was taken and the motion passed unanimously, 7-0.
The seventh item on the agenda was second Reading of Ordinance No. 7, Series of 2012, an
ordinance repealing and reenacting the approved development plan for Phase IV of Special
Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the conversion of one existing fractional fee club unit
to one dwelling unit, 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.
Rogers made a motion to approve on second reading Ordinance No. 7 with conditions, as
follows: 1) The applicant shall amend all applicable condominium maps to reflect the change in
use and cause said maps to be recorded in the office of the Eagle County Clerk and Recorder
within 90 days of approval of the major amendment to the special development district
application; and 2) The applicant shall ensure that loading and delivery doors be closed at all
times when not in use, pursuant to 14-10-10E, Vail Town Code. The motion was seconded by
Donovan. A vote was taken and the motion passed, unanimously, 7-0.
The eighth 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 9:10 p.m.
Respe ly Submitted,
Andrew P. Daly, Mayo'
Attest-
OF
Lor ei onaldson; Town Clerk
SSA
Town Council Meeting Minutes of July 3, 2012 Page 13