HomeMy WebLinkAbout2013-07-16 Town Council MinutesVail 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.
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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
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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. Staffs determination was based on the
considerations 1 through 8 that are listed on the staffs 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 DRIB
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 DRIB 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 DRIB 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 22"d 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
Respectfully Submitted,
Attest:
Andrew P. Daly, Ma
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T—ammy Nag ."
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Town Council Meeting Minutes of July 16, 2013 Page 9