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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