HomeMy WebLinkAbout2013-10-15 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, October 15, 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. Dale Bugby introduced himself
to the council and audience and stated he was running for Town Council in the
November 5 election. Eric Perkins addressed council about his concerns that dirt is
being pumped into Gore Creek by Vail Resorts and there is no sediment filter. Perkins
asked council if they were serious about protecting Gore Creek. Daly and Rogers
stated the area Perkins is talking about is in Eagle County and not in the town limits and
that it is difficult to enforce something when the land is not in the town limits. Greg Hall,
Town Public Works Director, said he would follow up and report his findings back to
council. Gale Schwartz's, Colorado State Senator of District 5, introduced herself to
council and asked if council had any questions or concerns on topics at the State level
that could affect the town. Schwartz's said water is a critical issue in the State of
Colorado and currently there is a water plan being presented to the Governor that
redirects and conserves the state's water. The plan would provide 86% of the water to
be used by agriculture on the Front Range and to encourage conservation in other
areas. Daly noted the Urban Renewal Authority (URA), which resulted in formation of a
Tax Increment Financing (TIF) District for Lionshead, had provided an unbelievable
benefit for this community. The town would have been hard pressed without TIF
financing to put the many capital projects in place without this financing mechanism.
Schwartz said it was also true it had diverted money from the school district, to which
Daly replied both the schools and the town have benefitted from higher sales tax and
property tax collections. Schwartz said this also could hurt other districts and require
backfill by the state. Daly asked Schwartz's about the new statute requirements that
Town Council Meeting Minutes of October 15, 2013 Page 1
are increasing costs to communities such as the "United Bargaining of Firefighters."
Schwartz's stated there were 14 fires in the State this year alone and its important to
support the firefighters and the roles they play in protecting our communities and water
sheds. The collective bargaining allowed for the support firefighters need. Moffet asked
if Schwartz's thought the State could provide funding to the EGE Airport to assist with
keeping more cars off the 170 corridor. Schwartz's asked how the state could support
air services in all the communities that have an airport. Foley remarked that Schwartz's
was term limited and that Vail is hoping to have one of its council members elected in
her place. Schwartz's said Eagle County would benefit by having one of its citizens fill
this position. "Council member Kerry Donovan is running for Colorado State Senator
of District 5 in next year's election"
The third item on the agenda was the Consent Agenda:
1) Proclamation No. 6, Series of 2013 a Proclamation Declaring the Third Week
in October as "Volunteers in Police Service Week". Daly read the
proclamation in full and the Chief of Police Dwight Henninger also
acknowledged their service and efforts. The Council and audience gave the
volunteers a standing ovation.
The fourth item on the agenda was Town Managers Report of which there was none.
The fifth item on the agenda was the second reading of Ordinance No. 1, Series of
2013, An Ordinance Adding a New Section 2-1-4 to the Vail Town Code, to Ensure
Adequate Funding for the Town's Long -Range Capital Program. Town attorney, Matt
Mire, stated the split reflected a sales tax split of 38% for capital and 62% for operating
which would make the 2014 budget a balanced budget. Daly asked if council had any
questions or comments. Moffet confirmed with Mire that in the future this ordinance split
will be discussed earlier in the budget process rather than at the end. Foley made a
motion to pass Ordinance No. 1as read, with a second from Tjossem. The motion
passed unanimously, 7-0.
The sixth item on the agenda was second reading of Ordinance No. 15, Series of 2013,
An Ordinance Adopting a Budget and Financial Plan and Making Appropriations to Pay
the Costs, Expenses and Liabilities of the Town of Vail, Colorado for its Fiscal Year
January 1, 2014 Through December 31, 2014. Daly read the title in full. Kathleen
Halloran, Assistant Finance Director, reviewed the memorandum from the Finance
Department which provided responses to council questions that were asked during the
first reading of Ordinance No. 15. During the October 1 meeting council asked the
Finance Department to provide more information on healthcare costs shared between
the town and employees. The Finance Department provided an analysis that is meant
to track the percentage share paid for by the employee versus the employer by
incorporating all the costs to the employee such as premiums deducted from
paychecks, office visit co -pays, deductibles paid throughout the year and shared
medical payments until the employees' yearly maximum is met. This analysis showed
the member burden, a term used to identify the complete out-of-pocket costs to the
Town Council Meeting Minutes of October 15, 2013 Page 2
employer, at 34%. Council also requested more information concerning town reserves,
specifically activity during 2013 that reduced the anticipated reserve levels for 2014.
The Finance Department showed a 2 year decrease in the reserves of $39,463,321 due
to major financial items such as the Timber Ridge debt financing, the Vail Golf
Clubhouse & Nordic Center, Ford Park Fields and Amphitheater, the Vail Village
Welcome Center, iconic events that were paid by reserves for two years, the
streambank tract/mitigation and guest service enhancements. During the October 1
budget discussion, council directed staff to find $75,000 in the current budget proposal
to increase funding for Tier IV "Life -Long Learning" category of Council Contributions.
Staff recommended using the $75,000 allocated for the Pro -Cycling Challenge event,
which event has not been confirmed for 2014. Staff proposed accepting applications for
Life -Long Learning events starting November 15 through January 1, with staff
recommendations completed by January 31.
Council also asked for additional information on the market study relating to the
employee housing at the Charmonix site for which staff included $5,000 in the 2014
proposed budget for an update to that housing study. Staff also researched consulting
costs to separate the Donovan Park Master Plan from the Ford Park Master Plan, which
is currently being updated and staff found that if some work is done in house the costs
can be reduced to $5,000. Daly asked if council had any additional questions. Tjossem
asked about the criteria for the Tier IV "Life Long Learning" events. Halloran said the
Finance Department would develop "startup" criteria such as reviewing the events
financial plans, how they fit in councils goals and if the events are aligned to the Vail
brand and do these events have the ability to drive the sales tax. Tjossem said the
"startup" criteria concerned her and asked where these events would go for funding for
their second year. Halloran said the events could possibly move into another event
category if the event fits the criteria of other categories. Town Manager Stan Zemler
said the $75,000 would be coming out of the reserves, which makes it look like onetime
funding and the event would not necessarily receive future funding. Rogers expressed
she was disappointed this is now being presented to council at the second reading and
that council never had a discussion regarding who should make the decision on what
events receive money. Rogers went onto say that with Commission on Special Events
(CSE) knowledge, it was more appropriate for them to set the criteria and that council
never said anything about "startup" funding. Rogers stated council needs to talk about
how the money is being allocated and what the application looks like, not the Finance
Department. Daly agreed with Rogers that council should decide criteria and what
events get money. Council agreed that $75,000 will be added to Tier IV and the criteria
will be decided at a later date. Donovan expressed concern there is no conclusion
because organizations need to know their funding status so they can plan their winter
programming. Daly asked if council had any questions concerning the healthcare cost
sharing part of the Finance Department memorandum and no one had any questions.
Tjossem asked Finance Director Judy Camp what the target reserve is for a town the
size of Vail. Camp said the current budget is taking the reserve back to 30 million,
which is 25% of the general fund revenue and is well within the parameters. Daly said
the US Burton Snowboard Championships event needs to be added to the operating
budget. Moffet said keeping a fat reserve is something he felt really comfortable with.
Town Council Meeting Minutes of October 15, 2013 Page 3
Foley said the Vail Local Marketing District (VLMD) funding should be used for iconic
events and these events should be funded by the lodging tax. With no further
comments from council, Daly opened the discussion for public comment. Nick Sargent,
representing the US Burton Open, asked for an additional $150,000 above the
$400,000 the event is currently receiving for a "Celebration of Olympics" extending the
event for an additional day. John Stone, Discover Well and Vail Living Well Summit,
asked council if his organization should request funding from CSE or wait for the criteria
for Tier IV Life Long Living. Council advised to apply to both. Doug Dusenberry, Rocky
Mountain Science Center, talked about his organization and requested funding from
council. Moffet made a motion to pass Ordinance No. 15, Series of 2013, on second
reading, with a second from Kurz. Rogers stated she would be voting against the
budget for three reasons, 1: because staff was directed to keep the budget flat and the
CSE's budget was not kept flat but instead their budget had eliminated the funding for a
Memorial Day Event she recommends their budget return to $85,000; 2. Rogers said it
was wrong for council not to reimburse the Betty Ford Alpine Garden $65,000 for a site
council approved for an education center, but which was later denied to them, after the
organization invested money into studies and plans for that site; and 3: the current
budget makes no adjustments to events like BRAVO and these events get funding at
the same level as the year before, thus making no adjustments for increases in their
operating budgets. Foley said he, too, would be voting against the proposed budget
because employee benefits just continue to increase and he would like to have an
independent assessment on how the town spends its money. The motion passed 5-2
(Rogers and Foley against).
The seventh item on the agenda was a final review of an appeal of a Design Review
Board (DRB) decision, pursuant to Section 12-3-3C, Appeal of Design Review Board
Decisions, Vail Town Cod, appealing a decision be the Design Review Board approving
a design review application, with one condition, for an outdoor public plaza at the Gerald
R. Ford Amphitheater, located at 540 South Frontage Road East/Unplatted, and section
forth details in regard thereto. (DRB130424). George Ruther, Community Development
Director, provided council with a brief background about the appeal concerning the
subject property, the Gerald R. Ford Amphitheater. Ruther stated on September 25,
2013, an appeals form was submitted to the Community Development Department, on
behalf of the appellant, by Zehren & Associates. The appellant is appealing the final
decision made by the DRB at their meeting on September 18, 2013, with respect to
design review application DRB130424. The appellant is not appealing the approval
granted by the DRB, but instead, the appellant is appealing the condition of approval
required by the DRB that the new tensile fabric roof color be Benjamin Moore HC-80 or
darker. Ruther said council was being asked to uphold, modify or deny the DRB's
decision. Ruther went onto say that the Community Development Department had
determined the appellant, the Vail Valley Foundation, had standing as an aggrieved or
adversely affected person, the appeal was complete and notice was given in a timely
manner. Additionally, the Community Development Department recommended council
uphold the decision of the DRB of September 18, 2013; and make the finding of facts
listed on the memorandum provided to council in their packets. Ruther reviewed those
Town Council Meeting Minutes of October 15, 2013 Page 4
findings of facts with the council stating though the material fit the design criteria, the
white color of the fabric did not comply. The finding of the material color, white, being
non -compliant was based upon the following factors: 1. White is not a natural, earth
tone color as contemplated by the Town's adopted Design Guidelines and consistently
applied since their adoption; 2. The DRB has denied other requests for white roof
material colors; 3. A white colored roof is neither satisfactory in appearance, nor is it
compatible with the structure, site, surrounding structures and overall character of Vail;
and 4. a site visit to the proposed development site revealed to the DRB that the public
plaza roof is highly visible from Vail Valley Drive due to the substantial change in
elevation. Pedro Campos, Zehren and Associates, spoke on behalf of the appellants,
stating the proposed material color was chosen for other qualities. The material is not
paper white, but more of an ivory color and the material is more translucent, allowing
12-14% sunlight to come through, creating a brighter environment and making it more
inviting. Whereas, a darker color will create too much of a shady environment and the
comfort of the space would be altered. The solid color additionally creates more
maintenance and will cost the appellants more money in the long run. The council was
asked if anyone had any questions for the appellant. Daly asked that other than the
material being translucent, is there any other reason the appellants think the DRB's
decision should be overturned. Campos stated the roof is not similar to anything else in
the town and the social courtyard at the amphitheater is not similar to anything in town.
The courtyard does not have walls and this is to act as more of a shade and cover, but
still have the feeling of an outdoor amphitheater. The material is a mat finish and is not
shiny, on the low bench of Ford Park and not highly visible and a different color would
really compromise the feeling of the social courtyard. With no further questions for the
appellent, council was asked if they had any questions for the staff. Foley asked Ruther
what color the Dobson Ice Arena's roof was. Ruther responded it is very similar to the
color the appellent is requesting for the social courtyard. Daly asked why the Dobson
roof would be approved and not this application. Ruther said the roof was chosen
because it reflected the sun off the roof reducing the energy used to maintain the ice
rink. Tjossem asked if the Dobson roof had the translucent qualities that this material
proposed. Ruther responded no. Council asked if there was any public comment and
there was none. Council moved next into council discussion. Rogers said she thinks
the DRB erred in this case and she knows the DRB works hard to make sure things
form with the guidelines, but this is not just about a color issue, but also about ambiance
and the experience of the courtyard. Rogers also disagrees that the roof will be highly
visible compared to other buildings in the town, such as the Solaris. Donovan
disagreed with Rogers concerning the visibility of the roof, stating there is a section on
Vail Valley Drive that will look directly down on the roof and it will be a different
experience looking down on a white roof compared to a natural earth tone color roof.
Donovan went onto say that Ford Park is a natural park with natural earth tones and
council has done a lot of work to keep it that way. Kurz agrees with Rogers that the
DRB did what they needed to do based on the guidelines they are forced to work with
and he disagreed that it's a highly visible sight . Foley made a motion to uphold the
DRB's decision with a modification that the color of the off white ivory material be
Town Council Meeting Minutes of October 15, 2013 Page 5
allowed to be used, with a second from Rogers. The motion passed 6-1 (Donovan
opposed).
The eighth item on the agenda was Resolution No. 13, Series of 2013, a Resolution
Approving Timber Ridge Pre -Development Agreement; and Setting Forth Details in
Regard Thereto. Daly stated the council met with the town attorney and staff today in
executive session to discuss negotiations and now council has an agreement before us
to consider. Town Attorney Matt Mire introduced the resolution and stated the
agreement calls for a ground lease of 35 years; a property tax exemption; 108 dwelling
units with 70% of those units being restricted for employee housing; the developer will
submit an initial application by November 30, 2014, with the redevelopment to start in
2014; and the town will refund 100% of the use tax. Ruther stated this is the fourth
attempt at redeveloping this property and months ago council directed staff to enter into
negotiations with Jen Wright and Gary Gorman to redevelop the Timber Ridge property.
The redevelopment will happen on the eastern most '/z of the Timber Ridge property;
which is zoned housing zone district. There would be three or four units with 3 or 4
floors, which would provide 104-108 dwelling units. There is a parking requirement of
1.5 spaces per dwelling unit on site. Rogers primary concern was that the town was
giving up a lot to have the same number of units. Rogers stated she would like to see a
fourth floor. Gary Gorman, representing the developing team, stated the challenge of
adding a fourth floor is the parking requirement. A fourth floor would also require an
elevator to make the property marketable, but he stated he would look into that cost.
Moffet disagrees with the 1.5 parking requirement and felt there has always been a
push for more parking spaces than is needed. Foley made a motion to pass Resolution
No. 13, 2013, with a second from Tjossem. Daly stated the language concerning the
refund of use tax is subject to further discussion. There is a date change from the initial
application to be submitted by November 30, which now will be required to submit the
initial application on November 29, because November 30 falls on a Saturday. He would
also require a minimum of 108 units. Foley amended his motion, with Tjossem
amending her second. Council was asked if there were any further comments. Rogers
asked if approving this resolution tonight would limit the units to 108. Mire responded
that it is just setting a minimum of 108 units. Rogers stated she would vote in favor of
the preliminary predevelopment agreement but will not vote for the actual development
agreement if there are not additional units added. Donovan and Daly commented on
how far the town has come to getting the Timber Ridge property developed. The motion
passed unanimously 7-0.
The ninth item on the agenda was the first reading of Ordinance No. 13, Series of
2013, an ordinance repealing and reenacting the approved development plan for Phase
IV of Special Development District (SDD) 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. Community Planner, Warren Campbell stated that on August 26, 2013,
the Planning and Environmental Commission (PEC) held a work session on the
Town Council Meeting Minutes of October 15, 2013 Page 6
proposal to add approximately 691 square feet of GRFA to the penthouse unit. The
PEC offered a comment on the proposal with regard to the need to evaluate the
proposal pursuant to the criteria, the north elevation, and the limited visibility of the
proposed expansion. On September 9, 2013, the PEC held a public hearing on the
request for a recommendation on a major amendment to add GRFA to the existing
penthouse unit. A motion for approval failed and a subsequent motion to table the
request was approved. The PEC gave direction to review the roof forms and address
the concerns stated in the staff memorandum with regard to staff's response to criterion
one. On September 23, 2013, the PEC forwarded a recommend of approval, with
conditions, to council for a major amendment to SDD No.6, Vail Village Inn, to increase
the allowable GRFA for Phase IV, with a vote of 5-1-0. This recommendation was based
upon the review of the criteria outlined in the September 23, 2013, memorandum to the
PEC and the evidence and testimony presented. Campbell stated additional GRFA
being proposed is +839 square feet just for Phase IV, The Sebastian only. Moffet said
a requirement to increasing square footage is public benefit and he is not seeing any
public benefit by granting the additional GRFA. Rogers said when council approved
Solaris 860+ square feet, the council would not approve it without significant public
benefit such as the movie theater and bowling alley and Rogers felt you could not make
this requirement for one developer and not make the same requirement for another.
Donovan felt you cannot compare special districts, but did note there was no public
benefit in this application. The council requested to hear from the applicant. Dominic
Mauriello, with Mauriello Planning Group, represented the applicant, AMPH, LLC and
stated the property is unique and the owner has always "paid it forward" by enhancing
the property with public benefits. Greg Spencer, with Timbers Resorts, reminded
council the property was a bankruptcy property that did not have a Certificate of
Occupancy until the applicant bought it and brought the building up to the building
standards required by the town at the cost of $12 million. The Sebastian has invested
in public art, improved signage on Vail Drive, and improved landscape on the Grappa
property. The Sebastian has hosted several special events and has also sponsored
events. Spencer listed several things The Sebastian property has invested in the town
with not being asked to do so and the owners are moving from down valley to the town
and that is the investment. There were no additional questions for the applicant
regarding public benefit. Mauriello demonstrated all views of the building showing the
changes to The Sebastian building over a period of time per PEC requests. Mauriello
also demonstrated to council how the additional GRFA fits well with their neighbors and
how the Sebastian building does have a stepping feeling. The council asked if there
was any public comment and there was none. Daly asked if council had any comments.
Kurz stated he had no issues with the addition with concerns to bulk and mass. Kurz
went onto say that this group has done a tremendous job on keeping up with town
standards. Rogers stated prior to the presentation, she was opposed to the increase in
the GRFA, but the list of public benefits that was listed by Spencer and the art work
alone, shows the dedication. She has no problems with the application and will make a
motion to approve the recommendation of the PEC for the request of additional GRFA.
Kurz seconded the motion. Moffet is still waiting for the public benefit and
recommended the owner's deed restrict the unit for the public benefit. Foley did not feel
Town Council Meeting Minutes of October 15, 2013 Page 7
the additional GRFA will intrude on their neighbors but would like to see more public
benefits. Tjossem also supports this proposal. Daly agreed the additional GRFA will
not affect their neighbors and the applicants are great community supporters.
Therefore, he will be supporting the motion. A vote was taken and the motion passed 6-
1 (Moffet opposed).
The tenth item on the agenda was second reading of Ordinance No. 14, Series of 2013,
an ordinance amending the Vail Town Code to increase the maximum fine for code
violations in accordance with State law and setting forth details in regard thereto. Town
Attorney Matt Mire stated Ordinance No. 14, passed on first reading with no changes
and the ordinance will allow the municipal judge to enforce maximum fines. Council
asked for public comment and there was none. Moffet made a motion to approve on
second reading Ordinance No. 14 as read, with a second from Rogers. Council were
asked if anyone had any comments and there was none. The motion passed
unanimously, 7-0.
The eleventh item on the agenda was Adjournment. There being no further business,
Donovan made a motion to adjourn, with a second by Moffet. The motion passed and
council adjourned at 9:05 p.m.
Respectfully ,Submitted,
Attest:
Andrew "",
Mayor
Tam del, Actin Tl Clerk
Town Council Meeting Minutes of October 15, 2013 Page 8