HomeMy WebLinkAbout2013-09-03 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, September 3, 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. Michael Cacioppo stated to
Council he did a survey and asked 127 people if a person must stop at a DUI
checkpoint and only 4 knew they did not have to. Cacioppo went on to say the Town of
Vail Police Chief, Dwight Henninger, confirmed people do not need to stop a the
checkpoints and wave their Fourth Amendment rights.
There was no further public comment.
The second item on the agenda was the Consent Agenda.
1) On the approval of the August 6 meeting minutes, Moffet moved, with a second
from Kurz, to approve the minutes. A vote was taken and the motion passed
unanimously, 6-0-1. Rogers abstained. On the August 20 meeting minutes,
Moffet moved, with a second from Donovan, to approve the minutes. A vote was
taken and the motion passed 7-0.
2) Award for bid for North Frontage Road Parking Improvements. Chad Salli, public
works engineer, stated the Town of Vail and Colorado Department of
Transportation (CDOT) entered into an Intergovernmental Agreement regarding
the use of the Frontage Roads for overflow parking in 2011. The installation of
the curb/gutter and sidewalks on the south side of the North Frontage Road
across from the Holiday Inn to City Market is part of the safety improvements that
are required to be completed in 2013. Though the agreement with CDOT does
Town Council Meeting Minutes of September 3, 2013
Page 1
not require street lights, there are two bids: a base bid for the curb/gutter and
sidewalks and an alternate 1 bid for street lighting. Moffet made a motion, with a
second from Donovan, to authorize the Town Manager to enter into an
agreement with Elam Construction in the amount of $435,096.65, thus accepting
the original bid without lighting. A vote was taken and the motion passed 7-0.
The third item on the agenda was the Town Manager Report. There was none.
The fourth item on the agenda was the Vail Golf Club hole #18 remodel contract award.
Greg Hall, Public Works Director, presented three bids for the relocation and
realignment of the 18th hole at the Vail Golf Club. The work to be performed includes
grading and excavation, plus installation of a retaining wall, cart path, irrigation work and
landscaping. Hall is recommending the Town enter into an agreement with Land Links,
LLC from Janesville, WI, in the amount of $500,295.25. Land Links has worked across
the country on golf courses.
Daly asked for any public comment.
Ken Wilson, Jeff Wiles and Billy Saurez, three Vail Recreation and Parks District (VRD)
board members, requested Council not to move forward with moving the 18th hole at
this time. Wilson stated there are three reasons to not move forward at this time. The
first reason is timing. Wilson stated if you move forward with construction now, the 18th
hole will not be completed until after next summer. The second reason is financial.
Wilson said citizens are not agreeing with the moving of the 18th hole and if the golf
course is not ready by June, and this will have a negative impact on the VRD finances.
The third reason is timing again. This should be handled at the same time as the
construction of the clubhouse. Wilson said the VRD feels there is a better time to do
this project with minimal impact to the players. Wilson went on to say that the VRD
acknowledges the safety issues but would like to put in place some temporary
measures.
Herman Staufer, a Vail resident and business owner, requested Council not to award
the bid tonight and to wait until the lawsuit is completed.
Kaye Ferry, a Vail resident, stated the VRD board members opinion should be
considered and given much more weight in Council's decision tonight.
Joe Staufer, a Vail resident and business owner, said he was not a golfer, but the
golfers he has spoken to have concerns that moving the 18th hole will diminish the
quality of the golf course. Staufer recommended keeping the quality of the golf course
where it is, which would be good for Vail and good for businesses.
Michael Cacioppo asked Council if they have the ability to make a decision tonight to
move forward.
Town Council Meeting Minutes of September 3, 2013 Page 2
Donovan stated the construction start date is September 16 through November 15 and
landscaping will begin in the spring to lay the sod in time for peak season of June 27tn
Wilson said it was not a construction issue, but more weather dependent. The VRD
figured it would be August until the sod would take root and a contractor cannot
guarantee weather conditions.
Daly asked Wilson to elaborate about the mitigation or temporary fixes that could be
taken to improve the public safety from errant balls. Wilson stated the VRD supports
the clubhouse but does not support going forward by September 16tn. The VRD majority
supports waiting to award the bid tonight allowing time to research and do both projects
as a package.
Tjossem stated there have been three options presented to Council concerning safety
from errant balls, but VRD thinks there is a fourth option. The issue Council has in front
of the town is a safety issue and you are asking for a temporary solution. Would the
VRD pay for the temporary solution.
Wilson stated he had not spoken with the entire VRD board and had not done any
research on solutions. Daly said the end solution is moving the hole. Wilson agreed.
Moffet asked if the VRD board has talked with their insurance carrier to ask if they will
indemnify the town regarding the safety concerns. Wilson said no.
Kurz made a motion, with a second from Rogers, to authorize the town manager to
enter into a contract for $408,023.11 with Land Links.
Tjossem stated she was torn on the decision due to the VRD asking Council to hold off.
Kurz said the town has a final solution and he does not feel moving the 18tn hole will
diminish the character of the course. Kurz felt the town should move forward.
Moffet said he appreciates the VRD's efforts to find other solutions, but he feels the
town does not have a choice in the matter given the potential for a lawsuit. This is the
straight up responsibility of the town.
Foley feels the golf course will take a big financial hit and he cannot support the motion
at this time.
Donovan said the Council unanimously made this decision in 2012 and no new
solutions have risen. The town is being told we have to do something because there
are significant safety issues and this cannot be pushed further down the road.
Daly agreed with Donovan and went onto say this is not a good position to be in but the
town has an obligation for safety of our citizens and guests.
Town Council Meeting Minutes of September 3, 2013 Page 3
Council voted on the motion and it passed 5-2 (Tjossem and Foley opposed).
The fifth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail Planning and Environmental Commission's (PEC)
denial of a request for amendments to a conditional use permit for a "public and private
parks and active outdoor recreation areas, facilities and uses", pursuant to Section 12-
16-10, Amendment Procedures, Vail Town Code, to allow for the construction of various
improvements at the Ford Park Gerald R. Ford Amphitheater including a public plaza
and box office remodel, located at 540 South Frontage Road East/Unplatted, and
setting forth details in regard there to. (PEC 130024). Community Development
Planner, Warren Campbell presented the appeal to the Council by stating that the
Community Development Department has determined that the appellant, the Vail Valley
Foundation (the applicant) as aggrieved or adversely affected persons. Campbell
stated staffs determination was based on the following considerations: 1.) The uses
proposed by the applicant are consistent with the purposes of the zone district and
achieve the development objectives of the Town. 2.) The 2012 Ford Park Management
Plan is the current and most relevant master plan for Ford Park. 3.) The proposed
improvements are consistent with the recommendations outlined for said improvements
in the 2012 Ford Park Management Plan Update. 4. The applicant, upon presentation of
the proposed improvements to the Vail Town Council, was granted permission to
proceed through the Town's development review process. Permission was granted with
full understanding that said application was to be reviewed based upon the
recommendations of the 2012 Ford Park Management Plan and that the Town was in
the process of adopting a 2013 Gerald R. Ford Park Master Plan.
Campbell stated an Appeals Form was filed on behalf of the appellant by Zehren &
Associates and that the Community Development Department had determined the
Appeals Form and the materials required for its submission to be complete. Campbell
said a copy of the Public Notice of the Vail Town Council, September 3, 2013, Public
Hearing was sent to adjacent property owners, pursuant to Section 12-3-3(C)(3),
Procedures, Vail Town Code. Campbell confirmed notice was given in a timely manner.
Moffet asked if Council overturned the PEC's decision would this then be the final
decision and Campbell said yes that by the PEC denying the application they waived
their opportunity to modify the plans.
Donovan asked if there was a PEC site visit scheduled and Campbell responded there
was a visit scheduled but the board members felt they had enough information
presented and chose not to go on the visit. Jack Hunn representing Zehren and
Associates and the applicant stated there was a crane placed in front of the
amphitheater to demonstrate the height of the proposed lobby and social court yard.
Hunn said the applicant took photos the day of the scheduled site visit, showing that a
person cannot see the canopy from most Ford Park locations to help demonstrate the
bulk and mass of the canopy, but they were unable to provide them to the board.
Town Council Meeting Minutes of September 3, 2013 Page 4
Hunn stated the PEC was uncomfortable approving the project without having a Ford
Park Master Plan in place even though Council made it clear the redevelopment could
move forward without a 2013 master plan. Hunn said some members had constructive
suggestions, but for the most part, they seemed to be unwilling to do their job.
Daly asked for public comment. There was none.
Daly then asked for Council comment. Tjossem stated that after reading the minutes of
that meeting, it seems the PEC members were having discussions that did not pertain
to the item in front of them, straying off topic and not focused.
Daly asked if the VVF has an operation plan for the social court yard. Ceil Folz, VVF
President, stated there would be a shift in the operation of the lobby and restrooms.
Folz thought the gates to the lobby will be open all the time and restrooms will be
available while staff is onsite. Daly requested an operation plan to be presented to
Council as a condition of the approval.
Rogers expressed concern on how the PEC is handling issues and performing their
duties on the board. Rogers stated there was no question there was a master plan in
place and they should have used that plan to measure this project. Rogers said most of
the comments she read in the PEC minutes were basically "I don't like it" which is not
their job. Their job is to use the master plan for the construction of the project and the
job of the DRB to make decisions regarding the look of the project.
Foley made a motion to overturn the decision of the Planning and Environmental
Commission of August 12, 2013, which denied a motion for approval (2-4), for a
development application for amendments to a conditional use permit for a "public and
private parks and active outdoor recreation areas, facilities and uses", pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the
construction of various improvements at the Ford Park Gerald R. Ford Amphitheater
including a public plaza and box office remodel, located at 540 South Frontage Road
East/ Unplatted, and setting forth details in regard thereto. Rogers seconded.
Moffet said he was not comfortable the PEC board decided not to go on the site visit
and frustrated they didn't do their job. Moffet asked Council member Foley to amend
his motion to include staffs recommendation for findings of facts based on the evidence
and testimony presented.
Foley amended his motion to include the following findings of facts: • The Gerald R.
Ford Park Amphitheater is located at 540 South Frontage Road East in Vail, Colorado,
and zoned General Use (GU) according to the Official Zoning Map of the Town of Vail.
• An amphitheater is an existing conditional use in the General Use zone district.
• A public plaza (lobby) is an accessory use to an amphitheater and customary,
incidental and necessary to the operation thereof.
Town Council Meeting Minutes of September 3, 2013 Page 5
• A public plaza (lobby) is therefore allowed in the General Use zone district, subject to
the issuance of an amendment to an existing conditional use permit.
• The 2012 Ford Park Management Plan Update was duly adopted by the Vail Town
Council and is the current and most relevant master plan for Ford Park.
• The 2012 Ford Park Management Plan Update provides recommendations for a public
plaza or social courtyard to be constructed at the entrance to the existing amphitheater.
Recommendations for consideration include a roof over a portion of the public plaza,
preservation and protection of existing landscaping and the potential impact of the roof
covering on the viewshed in and around the amphitheater.
• The proposed improvements are consistent with the recommendations outlined for
said improvements in the 2012 Ford Park Management Plan Update. (see pages 2 & 3,
Section II, Background, of the Staff Memorandum to the PEC, dated August 12, 2013)
• To further ensure compliance with the master plan recommendations, the applicant
had revised the proposal to include a reduction in the height, size, scale and orientation
of the roof covering; amended the landscape plan to reduce the impact on existing
mature landscape vegetation and increase the number of trees to be transplanted or left
untouched by the proposed construction; submitted a comprehensive view shed
analysis to depict the impacts to existing view sheds in and around the amphitheater;
and redesigned the roof covering to ensure that the new public plaza did not dominate
the area in front of the amphitheater.
• To date, the potential recommendations anticipated by the Draft 2013 Gerald R. Ford
Park Master Plan do not propose any substantive changes or amendments to the area
directly affected by the public plaza development application. Tjossem seconded the
amended motion. The motion passed 7-0.
The sixth item on the agenda was a request for permission to proceed through the
development review process regarding the installation of a Beaver Deceiver flow control
device at 3090 Booth Creek Drive, in East Vail on Town stream tract property adjacent
to Gore Creek.
*Daly recused himself from the meeting and requested Kurz to finish the meeting as
Mayor Pro Tem.
Travis Coggin, Triumph Mountain Properties, spoke on behalf of property owner Art
Reimers, and stated that Mr. Reimers' home is adjacent to Gore Creek on a section of
the creek that is just below a beaver dam and last fall a beaver built a dam that caused
the area to flood and subsequently flooded his client's back yard. Coggin stated the
beaver deceiver is a low profile multi year solution.
Rogers asked what the property owner did last year and Coggin stated the property
owner worked with town staff and was given permission to remove the dam.
Town Council Meeting Minutes of September 3, 2013 Page 6
Kristen Bertuglia, Town of Vail environmental sustainability coordinator, said there are
better solutions then what is currently being proposed. Bertuglia questioned what
happens to the beaver's food storage and the reproduction of the beavers.
Pam Brandmeyer, Assistant Town Manager, stated the homeowner did talk with town
staff last year, but before staff could find a safe solution for the beaver dam, the
homeowner removed the dam without town permission.
Donovan stated she could not support this request due to just what the application says
regarding the PVC pipe, anchors and trenching in Gore Creek. Donovan felt it
contradicts what the town has been enforcing along the stream tract.
Moffet agreed with Donovan and thought this could be an opportunity to find safe
solutions for the future.
Moffet moved to approve the applicant's request to assemble a beaver deceiver flow
device at 3090 Booth Creek Drive. The motion failed for the lack of a second.
Rogers moved to deny the applicant's request to install a beaver deceiver flow device at
3090 Booth Creek Falls. Donovan second the motion with an amendment to direct staff
to look at a future beaver policy.
Kurz asked if there was any public comment. There was none.
A vote was taken and the amended motion passed 4-2 (Kurz and Moffet opposed).
The seventh item on the agenda was Adjournment. There being no further business,
Foley moved, with a second from Donovan, to adjourn the meeting at 7:55 p.m. The
motion passed unanimously, 6-0.
Attest:
TkmmyMel, Actiug_1'Ur n Clerk
Respectfully -,Submitted,
i
Andrew P. DaIT,
" 1
Town Council Meeting Minutes of September 3, 2013 Page 7