HomeMy WebLinkAbout2013-08-06 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, August 6, 2013
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz
Kerry Donovan
Kevin Foley
Susie Tjossem
Greg Moffet
Members absent: Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Wendy Erb, local resident who is
also a heavy user of public transportation, expressed concern about smoking in the bus
shelters. She was concerned about being adversely affected by the second hand
smoke, as well as potential fire danger since some smokers were stubbing out
cigarettes into the wooden structure. Assistant Manager Brandmeyer said there was an
ordinance in place for twenty plus years prohibiting smoking in any town -owned building
or vehicle, so the shelter could easily be posted to this effect.
The second item on the agenda was the Consent Agenda. Approval of the July 2 and
16 minutes. Kurz moved, with a second from Foley, to approve the July 2 minutes. A
vote was taken and the motion passed 5.0.1, Moffet abstaining since he was not in
attendance. Kurz moved, with a second from Donovan, to approve the amended July
16 minutes (modification by Daly). A vote was taken and the minutes were approved,
6.0.
The third item on the agenda was the Town Manager Report. As Donovan began
questioning the accuracy of information contained in two Emergency Services Planning
document attachments, it was discovered these were dated 2012. Her questions
centered around shelter locations and evacuation details. Town Manager Stan Zemler
said staff would follow up to ensure the accuracy of these documents.
Town Council Meeting Minutes of August 6, 2013 Page 1
Daly also noted the Town Council had been honored at lunch by the Vail Valley
Foundation for 25 years of financial support for the International Dance Festival.
Council was also presented with a sterling silver statue designed by Barbara DeLuca
with Currents Jewelry to commemorate this quarter century of support.
The fourth item on the agenda was the Marriott Residence Inn (The Roost Lodge)
Appeal. An appeal, pursuant to Section 12-3-3 Appeals, Vail Town Code, of the Town
of Vail Planning and Environmental Commission's approval, with conditions, of a
development review application for an exterior alteration or modification, pursuant to
Section 12-7J-12, Vail Town Code, to allow for a limited service lodge, located at 1783
North Frontage Road West (The Roost Lodge)/Lots 9, 10, 11 and 12, Buffehr Creek
Subdivision, and setting forth details in regard thereto (PEC130017). Chief of Planning
Warren Campbell gave an overview of this call up by the Vail Town Council of Planning
and Environmental Commission's (PEC) approval of PEC 130017, stating there had
been changes to the hotel room numbers, although there were no changes to the site
plan. The roof had been flattened and there was no increase in height.
Mayor Daly indicated this had primarily been called up by Council due to some specific
comments from the PEC, but the application remained well within what's allowed on the
site. Council's curiosity had been addressed. Dominic Mauriello, Mauriello Consulting,
responded to Foley's expression of concerns from neighbors about the facade
materials, lighting and landscaping. Mauriello said robust landscaping plans are in
place and no exterior lights on the back side (north side) of the building are proposed.
Wendy Erb, West Vail resident since 1999, questioned the increased numbers of units
in the current plan, as opposed to what originally was proposed when this process
began. She said this would put undue demand on public bus service, and as a
neighbor who uses public transportation a lot, she oftentimes already cannot get on a
bus because it's full. Erb said the biggest problem with this development is that it's a
massive building that would overwhelm the character of this neighborhood. She does
not believe it should be built in any residential neighborhood.
Daly responded the current proposal is only using 58% of what's actually allowable.
Greg Bemis, another long time Vail resident, agreed with Erb. As he's watched the
project progress, it's just continued to gain in bulk, but with not much additional
character. There's not much exterior stone. It's a really large building for West Vail. He
acknowledged Council makes the rules, but in this case, this project seems like a
piecemeal approach.
Donovan asked if the exterior color had been determined and about signs. Mauriello
responded no sign package had been presented yet.
Moffet moved, with a second from Kurz, to uphold the PEC decision subject to the
findings in the August 6, 2013, memorandum that read: "The Public Accommodation 2
district was properly applied in regard to the June 24, 2013, PEC's approval with
Town Council Meeting Minutes of August 6, 2013 Page 2
conditions of development review applications for an exterior alteration or modification,
pursuant to Section 12.7J.12, Exterior Alterations and Modifications, Vail Town Code, to
allow for the construction of a limited service lodge, located at 1783 North Frontage
Road West/Lots 9, 10, 11 and 12, Buffehr Creek Subdivision, and setting forth details in
regard thereto." Donovan clarified that this decision and vote could be confusing to
interested parties, but the Council was subject to review only what had been presented
to the PEC within their jurisdiction, guidelines and regulations. Tjossem agreed, saying
the review could be subject only to height, mass, and other zoning considerations that
are already in place and allowable. A vote was taken and the motion passed
unanimously, 6.0.
The fifth item on the agenda was a request to Town Council to award the Construction
Contract for Ford Park Phase 1 B and Sport Field Improvements. Public Works Director
Greg Hall said staff was requesting direction from the Town Council to the Town
Manager to enter into a construction contract with American Civil Constructors in the
amount of $4,205, 210. This work includes funding for the sport field reconstruction,
sport field additional work and the overall Phase 1 B bid. He said at the end of the day,
there was a budget shortfall of $1,492,628, due to reliance on preliminary estimates of
the three parts of the overall Ford Park project. These preliminary construction
estimates were provided by a general contracting firm in April 2012 and were based on
design development drawings, not final construction drawings. This estimate had
proven to be highly inaccurate and had caused each phase to be grossly under
estimated compared to the competitive construction bids based on the final designed
construction plans.
Tjossem raised concerns about the phased construction and no net loss of parking, to
which Hall responded a parking loss could be accommodated through transit upgrades
to and from the park. Moffet moved, with a second from Foley, to reallocate the funds
as requested from transferring 2013/2014 funds originally slated for Ford Park portals
of $750,000 and using the Real Estate Transfer Tax (RETT) 2014 budgeted funds of
$2.7M, to award the contract not to exceed $4,205,210. Hall said he would work to
value engineer $100,000 from the final cost. Donovan expressed concerns about the
propriety of using RETT funds for anything connected to the Frontage Roads, with
which Daly concurred. Daly said Council should move forward within the scope of the
funds provided. A vote was taken and the motion passed 5.1, Donovan opposed, for
her previously stated reasons.
The sixth item on the agenda was a request to proceed through the development
review process with a proposal to construct a social courtyard at the entrance to the
Gerald R. Ford Amphitheater, located at Ford Park, 540 South Frontage Road
East/Unplatted, and setting forth details in regard thereto.
Because the meeting was moving along so quickly, Mayor Daly requested Council
proceed to Item #7, in order to allow interested parties to be present for this discussion.
Council agreed. (Discussed after the ninth item on the agenda)
Town Council Meeting Minutes of August 6, 2013 Page 3
The seventh item on the agenda was an Emergency Ordinance to Approve the General
Planning Document for the 2013 USA Pro Challenge, to Allow for Temporary
Suspension of Certain Fire Lanes, No Parking Areas, Pedestrian Zones, Outdoor
Display and Sign Regulations to Facilitate the 2013 USA Pro Challenge, and Setting
Forth Details in Regard Thereto. Mayor Daly read the title in full. George Ruther,
Community Development Director, said this emergency ordinance to allow general
planning for the 2013 USA Pro Cycling Challenge was not atypical, and in fact, was
standard procedure for this type of major special event. In order to pass the emergency
ordinance, Ruther stated a super majority would be required to pass this on one
reading. Daly expressed concerns about fire lanes and emergency access into the
event venue and was assured that had already been addressed. Donovan moved, with
a second from Moffet, to approve this emergency ordinance on one reading. A vote
was taken and the motion passed unanimously, 6.0.
The eighth item on the agenda was first reading of Ordinance No. 12, Series of 2013,
An Ordinance Approving the General Planning Document for the 2015 World Alpine Ski
Championships, and Setting Forth a Special Review Process to Allow for Staff
Approvals for Temporary Signs, Structures, Street D6cor, to exempt the sponsoring
organization of the World Championships, the Vail Valley Foundation, from complying
with all the Town's zoning, Design Review Board, and sign code requirements and to
set forth a special process to handle such. Mayor Daly read the title in full. Ruther also
introduced this ordinance on first reading, in preparation for the planning of the 2015
World Alpine Ski Championships, which in itself, is a unique event. Ruther referred to
the upcoming improvements that would be made but clarified internal review by town
staff would still be required as well as additional planning documents. Tjossem
questioned whether and how the internal review committee would be involved in dispute
resolution. Daly stated the entire town wanted this to be tastefully implemented and
consistent with the Vail brand. It should be something the town can be proud of. He
questioned rushing into this, saying he would still like to see the plans for the opening
ceremonies, as well as for other town venues. Donovan asked to see the general
planning documents, to which Ruther responded they should be available upon second
reading on August 20. Tjossem noted the FIS would be here mid -September and the
Foundation was hoping to have banners in place. This really served as the impetus for
bringing the ordinance to Council now. Daly agreed Council needed more information
before the second reading.
Ruther noted the ordinance requires monthly updates. Moffet expressed concerns
about constructing buildings and venues too early since they fall subject to our climate
and could look weathered by the time the event rolls around. Tjossem moved to
approve the ordinance on first reading, which was seconded by Kurz. A vote was taken
and the motion passed unanimously, 6.0.
The ninth item on the agenda was the second reading of Ordinance No. 10, Series of
2013, An Ordinance Making Supplemental Appropriations to the Town of Vail General
Town Council Meeting Minutes of August 6, 2013 Page 4
Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and Heavy Equipment
Fund of the 2013 Budget for the Town of Vail, Colorado; and authorizing the
expenditures of said appropriations as set forth herein and setting forth details in regard
thereto. Mayor Daly read the title in full. Kathleen Halloran, Assistant Finance Director,
noted Living Well had asked that their request for $15,000 of additional funding for a
third day Community day had been with withdrawn, due to a lack of volunteers and staff.
She also said the changes to support the supplemental for Ford Park improvements had
been included and updated given Council's previous direction this evening. Thus, the
final total in budget adjustments now came to $6,803,759. Moffet moved to approve
Ord. 10 on second reading, with seconds from Tjossem and Foley. A vote was taken
and the motion passed unanimously, 6.0.
At this point, there being no other business to consider, Council returned to the sixth
item on the agenda. Ruther stated the Vail Valley Foundation was proposing
improvements to the entrance to the Gerald R. Ford Amphitheater in Ford Park. The
improvements being proposed are consistent with the recommendations outlined in the
2012 Gerald R. Ford Park Management Plan Amendment. In order to proceed with the
review of the development application, the applicant must first receive approval from the
property owner. He reminded Council of the concurrent review process for the 2013
Master Plan Amendments by both the Town Council and the PEC. The Town Council,
as property owner, must approve proceeding forward. The site is zoned General Use
(GU). Pedro Campos with Zehren and Associates was also there to share specifics
about the plan. Ruther said if Council grants its approval to proceed, PEC would be
reviewing the plan on Monday, August 12.
Harry Frampton, Chairman of the Vail Valley Foundation Board of Directors, said the
Foundation very much wants to move forward, with a start date in October, and
completion by June 15, 2014. Then, they would be finished in Ford Park. Previous
delays have been dealt with and donors are on board. This is an important project, in
that it'll complete the vision, and the Amphitheater is a critical component. He stated six
goals were in mind from the start of the Amphitheater renovation: 1) Refresh the
amphitheater and make the lawn better; 2) Get the traffic out of the lower bench; 3)
Build a lobby and outer lobby; 4) Bring up to the Vail brand standard; 5) Tell the Ford
family story and honor them — create a tourist attraction with staying power; and 6) Be a
good neighbor to the Betty Ford Alpine Gardens. He also commented on the incredible
effort and partnership with town staff.
Campos then explained this was an attempt to grow the lobby out of the Amphitheater,
being sensitive to the location, relationship and occupying the same space. All uses
would jive with the existing conditions. Four walls will tell the story of the Fords and will
be open to the public. An iconic piece, a sculpture, would set the tone for the space,
which would be surrounded with stone seating. A new canopy that is light, airy and
tensile will also provide an iconic feature. It will be integrated into the landscape. A
new main entrance creating a secondary entrance and gate and a small stage for
lectures, ensembles, and so forth, would be included. Great attention has been paid to
Town Council Meeting Minutes of August 6, 2013 Page 5
the overall landscape, along with recreating a landscape berm. There will be a small
expansion of the concession area, which could possibly be open all summer. The ticket
window and box office will remain the same. A donor recognition wall will be a feature,
as well as special paving stone. Everything will tie together to connect aesthetically to
the landscape.
Tjossem questioned access to the bathrooms and was told the idea is still to allow
public bathroom access. Donovan asked how available it would be to various groups
and common park users. Frampton responded the improvements are first and foremost
to serve the Amphitheater, so sometimes it would have to be closed. But there is no
perfect plan and he couldn't provide a percentage of open access. Daly confirmed if no
events were going on in the Amphitheater, the bathrooms would be open to the public.
Donovan heard this would possibly be used as a wedding venue — and the response
was no, it would not. Frampton emphasized they wanted to do things that compliment
this park. Foley questioned the snow load and snow shedding on the tensile roof.
Campos said they'd been looking at this closely with a local structural engineer, since
the desire is to have the appearance translucent to allow in a lot of sun. Tjossem noted
the angle on the roof is different and the roof has come down. There is a great need for
shade and rain protection, and this roof addition will really up the comfort level of
everyone; it speaks to all people. Campos confirmed the profile has been redesigned
and diminished. To Donovan's question about the height of the tent poles, Campos
responded 35 feet, while the projection that is an architectural component is at 40 feet.
Over 90% of the roof is below 35 feet.
Tjossem asked about the capacity and was told probably 300 to 350, although it could
be up to 500 as the design is still evolving. Kurz had concerns about hiding the fence
and how it could best be camouflaged. Campos said the plan is to make it a landscape
feature and whimsical. Tjossem asked if there were any plans to continue the beautiful
East Betty Ford Way path up through the western side. Stan Zemler, Town Manager,
said that had been discussed but it was not currently budgeted. Campos said their plan
called for extension of the path to the Nature Center Bridge and the schoolhouse.
Daly suggested an approved agreement on the use to other public groups should be put
in place. Donovan questioned signs and Campos said they are still studying that
program. Campos said the plan on trees is that 7 spruces will be relocated and quite a
few more planted.
Daly opened public comment. Alan Kosloff, past chair of Bravo!, urged approval, stating
Bravo! was a major user and completing this renovation was very important in attracting
top orchestras. A world class venue is utmost in an orchestra's mind for their own
marketing efforts. Tjossem asked whether water proofing at the back of the stage was
ever needed, to which Kosloff replied it was. Kent Logan, former Councilmember, said
this improvement lends to the overall experience, which is one of two questions he
always asks himself. The second is if it consistent with Vail's design and what Vail's all
about. This will be distinctive, and although not everyone will like it, everyone will
Town Council Meeting Minutes of August 6, 2013 Page 6
remember it. Tjossem asked what his artist's eye told him and he responded it doesn't
compete with the natural environment. It merely enhances it. Jim Lamont, Vail
Homeowner's Association, said Harry let the process work and because of Harry's
tenacity, once he understands the issues, he brings back a far superior solution.
Kathleen Eck, long-time valley resident and a constant user, said the Amphitheater is
the greatest asset this community has. It's a beautiful facility that enhances everyone's
experience. Kurz summed up saying in retrospect, it has now worked out that the
Council is looking at a better project, with all the changes being very positive. He urged
moving forward, to which Foley agreed.
Foley moved, with a second from Tjossem, to approve the applicant's request to
proceed through the development review process. Moffet noted they were no longer
walking into a buzz saw and had made great progress with the scale and height. The
plan must still be subject to the Master Plan. Donovan said this has come a long way
and the Foundation can be counted on to produce a wonderful project, but she still has
some concerns. She did not feel too compelled about the value of the function space
and hoped it won't affect the pre and post vibe in the Village. Daly said this had been a
painful process but the project was now one he could embrace. A vote was taken and
motion passed 5.1, Donovan opposed.
The tenth item on the agenda was Adjournment. There being no further business,
Foley moved, with a second from Moffet, to adjourn the meeting at 8:25 p.m. The
motion passed unanimously, 6.0.
Respectful Witted,
7
Attest:
Andrew P. Daly, May
Pam Brandmeyer�Assnt Town Manager
Town Council Meeting Minutes of August 6, 2013 Page 7