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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