HomeMy WebLinkAbout2013-11-05 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, November 5, 2013
4:30 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 4.30
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
The first item on the agenda was the Town Manager's Report. Town Manager, Stan
Zemler reminded council that there will be a Town Council Special Meeting on
November 12, 2013, at 1:00 p.m. to swear in the newly elected council members.
Zemler announced that Vail will host a time trial during the 2014 Pro Challenge Cycling
competition on a Saturday in August. Additionally, Zemler explained to council that staff
will be looking into the town's current vendor contracts to confirm vendors are not
conducting nor promoting their business while conducting business for the town.
Zemler said he would report back to council their findings. Daly asked if the town had a
conflict of interest clause that applies to the town's employees. Town Attorney Matt
Mire said he would look into the personnel manual.
The second item on the agenda was the Consent Agenda-
1 ) Approval of the October 1 and October 15 Town Council Meeting Minutes.
Moffet made a motion to approve the October 1 Town Council meeting
minutes as presented, with a second from Foley. The motion passed
unanimously (7-0). Moffet made a motion to approve the October 15Town
Council meeting minutes as presented with a second from Foley. The motion
passed unanimously (7-0).
2) Council letter of support for the mountain recreation enhancement. Daly
asked council if anyone had a comment or concern regarding the letter in
their packets addressed to the Forest Service in support of Vail Resorts and
their mountain enhancement efforts and council did not have one. Daly then
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asked council if they supported the letter and wish to direct staff to send it to
the Forest Service on their behalf and all council members agreed.
The third item on the agenda was to appoint one member to the Local Licensing
Authority (LLA). Moffet made a motion to appoint Tom Saalfeld as a member to the
LLA, with a second from Tjossem. Daly stated the council interviewed Saalfeld during
the work session and there was only one qualified applicant. The motion passed
unanimously (7-0). Foley thanked Tom Scola for applying to be a member of the LLA.
Foley stated Scola was not a town resident and therefor he did not meet the board
requirements.
The fourth item on the agenda was a RAMP Update on the Simba Run underpass
project. Town Engineer Tom Kassmel reminded council that earlier this summer council
directed staff to apply to the Colorado Department of Transportation ("CDOT") with
three projects for Responsible Acceleration of Maintenance and Partnership (RAMP)
funding. Those RAMP projects included the Simba Run Underpass, the Frontage Road
Improvements and the East Vail Water Quality Improvements. Kassmel said on
October 18th the Simba Run Underpass project was the only project chosen to receive
RAMP funding. CDOT had awarded $14.6 million toward the project with the remaining
$6.2 million to be funded by the town for a total of $20.8 million. A joint feasibility study
between CDOT and the Town of Vail known as a Planning and Environmental Linkage
(PEL) report had already begun to understand the project's impacts. Kassmel stated
now since there is funding, the next phase will be design and then construction with a
completion date in the year 2017. Kassmel said as a part of the RAMP funding process
the town is required to submit a commitment letter with an updated scope, a schedule
and construction estimate by January 6, 2014, to CDOT. The Project Team will be
updating these items and will present the final commitment letter to the town council in
December. Daly asked that with the commitment letter, staff provide suggestions of
where the portion of the town's funding will come from. Kassmel said the town's portion
will be funded with Tax Increment Financing (TIF) dollars. Daly asked if any council
members had questions concerning this matter. Donovan asked what happens now
with the other two projects that are not being funded by RAMP, specifically the East Vail
Water Quality Improvements. Kassmel said the town would need to look for other
outside funding and for other opportunities. Daly asked Kassmel if the project can get
completed in CDOT's time requirements and Kassmel answered this will be a process
that staff will keep council informed and updated on the project's process and also
where the town is within the time constraints. Daly wanted to confirm that CDOT could
not pull funding and Kassmel confirmed CDOT is as committed as the town. Kassmel
added the project will run consistent with CDOT's Context Sensitive Solutions (CSS)
process and that as a part of this process, the town is required to set up a Project
Leadership Team (PLT). The PLT is a non -decision making group who ensures the
project stays on task, is a public and open process, and meets the goals, the purpose's
and the need of the project. Town staff and CDOT have discussed possible candidates
and suggest the following members: Pam Brandmeyer (Town of Vail Assistant Town
Manager); George Ruther (Town of Vail Director of Community Development); Jeff
Town Council Meeting Minutes of November 5, 2013 Page 2
Babb (Director of Vail Mountain Operations); Rob Levine (Antlers General Manager,
Vail Economic Advisory Committee); Don Maclachlan (General Manager, Cascade
Condominiums/Destination Hotels); Laura Mullen (West Vail Liquor Mart, Owner);
Steve Olson (CDOT — Region 3 Program Engineer); Mike Vanderhoof (CDOT — Region
3 Planning and Environmental Manager); and Zane Znamenacek (CDOT — Region 3
Traffic and Safety Program Engineer). Donovan said this is a great list and would
encourage staff to look for outside people to join this board because this would promote
new leadership in the community. Daly agreed and also stated he was not sure if Ruther
being on this team was a good use of Ruther's time. Zemler suggested changing that
team member to Ruther or his designee. Daly thanked Kassmel for his update.
The fifth item on the agenda was first reading of Ordinance No. 16, Series of 2013, An
Ordinance Amending Section 13-7-8 of the Vail Town Code Regarding Recovery of
Costs in Enforcement Actions and Setting Forth Details in Regard Thereto. Town
Attorney, Matt Mire reviewed the ordinance with council and stated the current code
does not allow for the town to currently recover its costs when there is a zoning
enforcement action. Mire went onto say that this ordinance would allow the town to
recover its attorney's fees from litigation of a zoning action. Rogers made a motion to
approve Ordinance No. 16, series of 2013, as read, with a second from Kurz. Daly
asked if there was any further council discussion. Donovan confirmed this was to just
clean up the code and Mire agreed. Daly opened it up to public discussion and there
was no public comment. The motion passed unanimously (7-0).
The sixth item on the agenda was the second reading of Ordinance No. 13, Series of
2013, an ordinance repealing and reenacting the approved development plan for Phase
IV of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for an increase in the allowable
gross residential floor area (GRFA), 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. Chief of Planning Warren Campbell stated on October 15, 2013, the council
approved Ordinance No. 13 upon first reading by a vote of 6-1. There have been no
changes to this ordinance since its approval and asked if Council had any questions
and there were none. Daly asked if there was any public comment and there was none.
Rogers made a motion to approve Ordinance No. 13, Series of 2013, on second
reading with a second from Kurz. Moffet stated he would again be voting against this
ordinance based on the same reason as given during the first reading last month. The
motion passed 6-1 (Moffet opposed).
The seventh item on the agenda was Resolution No. 14, Series of 2013, a resolution
adopting the 2013 Gerald R. Ford Park Master Plan, and setting forth details in regard
thereto. Community Development Director, George Ruther suggested to council to
continue the review of the draft Gerald R. Ford Park Master plan from where they
stopped during the work session, which was goal 2 of the 64 page document. Tjossem
thought Objective 2.3's, Policy Statement 1, conflicted with Action Step 2.3.4. Daly
suggested deleting Action Step 2.3.4: "In conjunction with the Vail Valley Foundation,
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evaluate the feasibility of winterizing the Amphitheater to allow for use of the venue
during winter months" from the draft master plan. Daly went onto suggest that the word
"primary" be changed to "principal" in Policy Statement 1: "Maintain the Ford
Amphitheater as the primary summer- time performing arts facility in the Town of Vail."
All the council members agreed. Daly suggested in Action Step 2.5.3: "Reduce the
parking areas around the Nature Center building by reclaiming these areas to a natural
landscape condition" should replace the word "reduce" to "eliminate." All members
agreed to that suggestion. Daly asked that Policy Statement 2: "Uses in the Lower
Bench shall operate in a manner that limits vehicular traffic to the greatest extent
possible. Vehicular access to the Lower Bench of the Park should be limited to:
maintenance; delivery of goods or materials too large or too heavy to be carried by non -
motorized means; access for people with limited mobility; special transportation; and
emergency services" should have language added stating "access for people with
limited mobility will be generally provided access by golf cart." Donovan asked what
"special transportation" meant on page 26. Tom Braun, with Braun Associates, stated
he did not know and suggested removing that language from the master plan.
Donovan suggested on page 27 in Policy Statement 4: "Maintain a central
trash/dumpster facility within the Parking/Transit Sub -Area and mandate all Park
leaseholders use the central facility" to add the word "recycle" after dumpster. Tjossem
agreed with Donovan. Rogers asked the words "To foster" on page 32, Objective 5.3,
read "Foster a spirit of cooperation between all leaseholders within the Park regarding
their use of the Park and how to collectively use and manage the Park for the benefit of
all." Rogers said on pages 33 and 34, Policy Statement 1 and Policy Statement 2
conflict with each other. Braun agreed and stated council's previous conversation
ended at Goal #6 and he and Ruther are requesting direction from council. Donovan
suggested the removal of Policy Statement 2 from the master plan and Rogers felt both
policy statements can be removed from the master plan. Ruther said Goal #6 talks
about how the town is going to implement the master plan and removing this goal in its
entirety may not be beneficial in the future. Tjossem suggested taking Objective 6.1
and make it Objective 5.4, and strike Objective 6.2 and eliminating Goal #6. Braun
asked council if they are in agreement to change Objective 6.1 to Objective 5.4;
eliminate Objective 6.2; and change the Action Steps 6.2.1 and 6.2.2 to 5.1.4 and 5.1.5.
Council agreed to those changes. Tjossem and Rogers requested additional language
be added on page 47 making it clear that the Betty Ford Alpine Gardens sub area
description includes the area West Betty Ford Way just west of the Children's
Playground, which is not considered on the lower bench. On page 42, Donovan
requested the last sentence in the first full paragraph that says "By way of example, the
removal of the two courts adjacent to the Frontage Road and the Athletic Field
concession building would not only allow for a much improved arrival sequence for the
pedestrians, but could also provide land for new facilities" be removed. All the council
members agreed. Council also agreed to the removal of the last two sentences on
page 42 stating "As with the parking lot area, the idea of constructing structured parking
below the athletic fields has been discussed in the past. It is expected that if and when
this idea is pursued, an initial step would be to evaluate implications to the overall goals
for the Park and if necessary initiate amendments to the Ford Park Master Plan."
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Tjossem would like the word "lower" removed from the reference "Lower Commons" and
it just be called the "Commons." The last paragraph on page 43, council would like the
first portion of that first sentence "With the exception of very minor encroachments from
landscape improvements, lighting, seating and other similar features associated with
improvements planned for Betty Ford Way" be removed and the sentence to start with
"The open turf area should not be reduced in size and no buildings or structures should
be permitted in this area." Council reviewed up to page 52 of the draft master plan and
agreed to pick up the conversation on this page at the meeting on November 19. Daly
opened it to public comment. Nicola Ripley, director of Betty Ford Alpine Gardens, was
frustrated with how long this process has taken and is concerned a new council will
make the process take longer if the current council delays their vote. Tjossem
requested council to continue with the remaining 9 pages of the master plan and get
finished with reviewing the plan. Council agreed to finish the public comment and then
return to the discussion of the remaining 9 pages. Jim Lamont of Vail Homeowners
Association expressed concern regarding parking at Ford Park and the Soccer Field.
Jack Hunn of Hunn Consulting would like the language concerning the "3000 square
footage" and suggest adding the wording "useable 3000 square footage." With no more
comments from the public, the council returned to the master plan and discussion on
page 52. Moffet suggested on page 60 to remove Improvement #8 in its entirety and all
council members agreed. Daly suggested also the removal of Improvement #10 on
page 61 and all council members also agreed to that removal. Daly opened the
discussion to public comment. Lamont would like Improvement #10 to stay in the plan.
Daly asked if there was any more discussion and there wasn't any from the public or the
council. Moffet made a motion to table the vote on Resolution No. 14, Series of 2013,
to the next council meeting on November 19, with a second from Tjossem. The motion
passed unanimously (7-0).
The eighth item on the agenda was recognition of Kerry Donovan and Kevin Foley's
service as Town Council members. Daly stated the current council has worked well
with each other and have learned to respect each other's opinion. Daly stated Donovan
brought youth to the council and encouraged people to vote for Donovan as the area's
State Representative. Daly stated Foley exemplifies community service in Vail with his
14 year involvement on council. Foley has contributed to making this community a
wonderful place to live and work.
The ninth item on the agenda was Citizens Participation. Diane Johnson from Eagle
River Water & Sanitation District reminded council and citizens that starting on
November 15 there will be smoke testing. Mike Cacioppo, Eagle County resident
expressed his anger and frustration with the town's police department with a request he
has made to review video footage. Zemler stated the town is currently looking into
Cacioppo's request and his accusation that a crime was committed when his
newspapers disappeared from the hallway. Jonathan Levine of Hummers of Vail
expressed his frustration with council members and staff not responding to his emails
regarding the transportation ordinance. Daly offered to sit down with Levine and
discuss his concerns in depth at a later date. Ceil Folz of the Vail Valley Foundation
Town Council Meeting Minutes of November 5, 2013 Page 5
offered thanks to council members Donovan and Foley for their services. Foley offered
condolences to the family of Allen Christensen, who recently passed away. There were
no further comments from citizens.
The tenth item in the agenda is the Gerald R. Ford Park Amphitheater Operations Plan.
Community Development Director George Ruther reviewed the materials in the council
packets and reminded them of the reasons for requesting the Operations Plan, such as
to ensure adequate public access to the lobby space when not in use by the Vail Valley
Foundation ("VVF"); the management of the proposed use does not unnecessarily
conflict with the other stakeholders in Ford Park; reasonable public access and
availability of the restroom facilities proposed in the new amphitheater addition; and the
proposed use operated in conjunction with the amphitheater. On October 15, 2013, the
council reviewed the draft Operations Plan for the Gerald R. Ford Amphitheater lobby.
As a result of their review, the council tabled the item to the November 5th town council
meeting and asked that certain changes be made to the Operations Plan and that
certain questions be answered. The revised Operations Plan is the VVF's response to
the changes and questions. Daly asked if any council members had any questions for
Ruther and there were none. Daly asked if the VVF had any comments. Jack Hunn
with Hunn Consulting said the VVF reviewed the restroom facilities plans with council
and the VVF found an opportunity to take a space which was going to be used for
storage and turn that space into two ADA accessible restrooms in the plaza. Daly
asked if council had any questions for VVF. Donovan wanted language added
clarifying operating hours "throughout the year." Foley made a motion to approve the
Gerald R. Ford Amphitheater Operation Plan, with a second from Rogers and Kurz.
The motion passed unanimously (7-0).
The eleventh on the agenda is Adjournment. There being no further business, Foley
made a motion to adjourn with a second by Donovan. The motion passed and council
adjourned at 7:15 p.m.
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