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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. Town Council Meeting Minutes of July 16, 2013 Page 2 Ronnie Baker agreed with previous public comment. He too does not feel the hosts should have ipads. Baker stated he provides personal attention to the guests and would rather walk the guest to their destination then to find the location on a map on the ipad. Jack Gardner, who first appeared in Vail in 1975, said the community hosts do a superior job because of their current contractor. He echoed the comments of his colleagues. He'd reviewed both proposals and found he could understand every word in Bobby's but Callosum's was arcane and used hippy words. Kirsten Texler said she has seen a lot growth and changes since she has been in Vail and acknowledged that change has been hard, but it has worked. A different view and idea are needed and that is why she endorses Callosum Creative. Michelle Cahill also supported the committee members choice of Callosum Creative and encouraged Council to remember why they requested the Welcome Center/Host Program to go to a RFP. Michael Cacioppo finds it a tough decision to select Callosum Creative when one of the keys players is no longer part of that team. Cacioppo went on to say that experience counts and an endorsement of anyone new is a gamble the community cannot afford. Pam Thorne, a long time valley resident who works for Bank, stated if you lead with trust, kindness and a smile you will not have any problems. Bobby Bank, Vail Info Inc., stated he is proud of his business success and has received a 5 Star Service Recognition Award. Bank stated he feels he has incorporated the town's requests with things like social media and the Host program. Bank said he and his team do everything in their power to help the guest have a great experience. With public comment closed, Daly asked if Council members have any questions. Kurz stated he felt the process was professionally well done and fair. Kurz stated change is something we don't necessarily like but he will be supporting the recommendation of the committee. Moffet said customer service is what this RFP is about and the only way to get good customer service is one-on-one contact with the guests. Moffett stated he feared the process was missing experience. Moffet went on to say that employees come back for money, management and being happy to come to work. Moffet said he is having an incredibly hard time supporting the committee's recommendation. Rogers is not sure why there was an RFP issued. Rogers stated we have an obligation to a person who is doing a good job, to give them the opportunity to make the changes the town is requesting. Rogers felt it was too close to the 2015 World Championships Town Council Meeting Minutes of July 16, 2013 Page 3 and asked if we could afford to take a chance on a new operator. Rogers said she does not feel the town has a problem and she would rather work with a known entity. Foley said he has worked with Bank and his team. Vail Info Inc. does assist guests with booking lodging online and that Bank does not receive a commission for that service. Foley could not see a reason to make a change in operators at this time. Tjossem said it was very difficult for her to override the committees' recommendation since the committee knew the current operator had eight years experience and they still made a unanimous decision to go with a new operator. Tjossem acknowledged different is scary, but every time Council has gone a different direction it has always worked out for the best. Tjossem is in support of the committees' recommendation. Donovan said this was one of the most difficult decisions she'd had to make since being on Council but she could not ignore the support of the community so would support Vail Info Inc. Daly stated the process is about the management relationship with the Town of Vail staff. It is unprofessional and not working. Daly went on to say the committee was made up of lodging, restaurant and the resort community and he will be supporting their decision. Ludwig made a motion to enter into a contract with Callosum Creative, with a second from Tjossem; and the motion was defeated 3-4 (Foley, Moffet, Rogers and Donovan against). Moffet made a motion to extend the current contract with Vail Info. Inc. with performance standards and a three year termination clause, with a second from Donovan. Motion passed 4-3 (Tjossem, Kurz and Daly opposed). Rogers requested to see the agreement between the town and Vail Info Inc. at the August meeting. The fourth item on the agenda was a final review of an appeal of a Design Review Board decision, pursuant to Section 12-3-3C, Appeal of Design Review Board Decisions, Vail Town Code, appealing a decision by the Design Review Board approving a minor exterior alteration for the realignment of the 18th hole at the Vail Golf Course (DRB130191), located at 1775 Sunburst Drive/Unplatted Parcels, and setting forth details in regard thereto. George Ruther, Community Development Director, started with the decision on position of standings, stating there are two criteria to consider when making the decision on standing and that is as an adjacent property owner and a determination that an appellant is aggrieved or adversely affected. Ruther said the appellants in this case are Landon Hilliard, III; Olson Family Trust; R. Glenn Hilliard; Starfire Company, Ltd.; Town Council Meeting Minutes of July 16, 2013 Page 4 Deborah Webster; 1835 Sunburst Drive, LLC; Richard and Mary Celeste Callahan; and Samuel and Luleta Maslak. All appellants are represented by the law firm Holland & Hart, who submitted a complete appeal form to the town believing they are all aggrieved or adversely affected as well as seven of the eight appellants are adjacent property owners. After review, the administer, George Ruther, determined that Landon Hilliard, III lacks standing in this matter both as an adjacent property owner and as an aggrieved or adversely affected person. The other seven appellants, Olson Family Trust; R. Glenn Hilliard; Starfire Company, Ltd.; Deborah Webster; 1835 Sunburst Drive, LLC; Richard and Mary Celeste Callahan; and Samuel and Luleta Maslak, maintain standing as adjacent property owners but lack standing as aggrieved or adversely affected persons. Holland & Hart submitted a letter of explanation of how the appellants are aggrieved or adversely affected date stamped June 25, 2013. Ruther stated upon review of the letter, the staff determined that none of the appellants are aggrieved or adversely affected by the approval of the minor exterior alterations at the Vail Golf Course. 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 n OF.- T—ammy Nag ." To c '' 0 t vi • S OR� Town Council Meeting Minutes of July 16, 2013 Page 9