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HomeMy WebLinkAbout2013-11-19 Town Council MinutesVail Town Council Meeting Minutes Tuesday, November 19, 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 Margaret Rogers Greg Moffet Jenn Bruno Dave Chapin Dale Bugby 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. Alison Wadley, the director of the Vail Chamber, spoke to council about a town -wide promotional event the chamber was hosting called Merry in the Mountains. The event is on December 4th and Wadley said the event is to encourage Eagle County residents to shop locally by businesses providing local discounts. Joe Staufer, a Vail resident, expressed his concerns to council about having artificial turf on the infields at Ford Park. Staufer said the artificial turf will affect Gore Creek's streamtract and he encouraged council to not allow the Vail Recreation District to use artificial turf. There was no further public comment. The second item on the agenda was the Consent Agenda: 1) Resolution No. 15, Series of 2013, a resolution approving and Intergovernmental Agreement between the Town of Vail and County of Eagle for 2014 animal control services and setting forth details in regard thereto. Moffet made a motion to approve Resolution No 15, with a second from Kurz. The motion passed unanimously, 7-0. 2) Proclamation No. 7, Series of 2013, a proclamation declaring December 10, 2013 Colorado Gives Day. Paula Palmateer, Colorado Gives Day representative and former town council member, stated more than $450,000 dollars was raised for Eagle County non -profits in 2012 and that $500,000 dollars was the goal for 2013. No credit card fees will be charged and First Bank has stepped up with a further monetary incentive. Palmateer Town Council Meeting Minutes of November 19, 2013 Page 1 encouraged everyone to go online and donate by December 10. Moffet moved to approve Proclamation No. 7, with a second from Kurz. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. Town Manager Stan Zemler reminded council there will be two half day retreats prior to the council work sessions on December 3 and December 10 from 8.00 to 1.00 at The Grand View, located at the top of the Lionshead parking structure. The fourth item on the agenda was the Castle Peak Care Community Funding Request. Lisa Pease spoke to council about the senior care facility that was being built in Eagle Ranch in the town of Eagle. Pease provided a brief history of the project stating that in 2009, the Eagle County Commissioners discussed the lack of senior services in Eagle County. In 2013, the county purchased five acres in Eagle Ranch and chose the nonprofit organization Augustana Care to develop and own the care community. The county, Augustana Care and volunteers have been on a $4.4 million dollar capital campaign to construct and equip the senior care facility by traveling to all the Eagle County communities to request assistance with funding. Pease said the care community will be designed to serve people at all economic levels and when fully occupied, it is expected to serve more than 110 people annually. It will also provide approximately 100 new jobs during construction and 65 permanent jobs when operating. The 62,000 square foot complex will include 20 assisted living rental apartments, 22 skilled nursing private units, 12 memory care private suites and 10 transitional care private suites. The campus amenities will include common dining areas, multi -use activity spaces, a gym, therapy rooms and lounge areas. Pease asked council for a $200,000 donation, stating other towns throughout the county have given about $200,000 each. Daly asked about the project's financial structure, their debt levels and operating guarantees. Pease stated the total project cost is $21,824,000; $12,024,000 will be funded by a USDA rural development loan; there is $4,400,000 Eagle County secondary subordinated debt and $1,000,000 Augustana Care secondary debt. Both will be repaid from surplus funds after the project has sufficient reserves. Also a $4,400,000 Augustana Care capital campaign will raise funds to cover the funding gap. Daily asked if council had any questions. Chapin asked how many facilities are currently in the area. Pease responded there are facilities in Glenwood Springs, Carbondale, Rifle, Steamboat Springs, Grand Junction and the Front Range. Daly asked why the communities throughout the county are being asked for funding as opposed to the county coming up with the remaining funding needed for the project. Kathy Chandler -Henry, an Eagle County Commissioner, stated the care facility benefits all Eagle County communities. Chandler -Henry stated the CSU impact study shows the economic impact of residents who are 65+ leaving the county has estimated a loss of $43 million per year between their spending and the sales of their assets. Since there were no further comments from the council, Daily asked for public comment. Dr. Tom Steinberg expressed his support and recommended council contribute more than the requested $200,000. Dr. Steinberg additionally added that Vail resident Mery Lapin is personally contributing $250,000 towards the project and the town should be able to Town Council Meeting Minutes of November 19, 2013 Page 2 contribute more than a private resident. Kaye Ferry, a Vail resident, suggested the town contribute $287,000 to meet the project's half way point. Robert Schilling asked Pease what the care community residential financial makeup looks like. Pease answered the financial look will be both private pay and Medicare. Kurz asked if county residents will have preference. Pease answered no because of the federal funding. Rogers made a motion to donate $300,000 to be paid over a three year period. Bugby asked if Rogers would amend her motion to pay the $300,000 over 5 years in $60,000 increments. Rogers agreed and amended her motion, with a second from Bugby. Daily stated he was comfortable with $200,000 but not $300,000. Moffet agreed with Daly and also requested the county work with the town on affordable housing. Bruno was also agreeable to the $200,000 contribution. Daly asked for a vote to be taken on the current motion for $300,000 to be given over a 5 year period in increments of $60,000 and the motion failed 2-5 (Daly, Kurz, Moffet, Chapin and Bruno opposed). Moffet made a motion for the town to make a onetime contribution of $200,000 to the Augustana Care Facility, with a second from Kurz. The motion passed unanimously, 7- 0. The fifth item on the agenda was the first reading of Ordinance No. 19, Series of 2013, An Ordinance Amending Section 12-21-2, 12-21,11 and 12-21-14 of the Vail Town Code Regarding hazard regulations and setting forth details in regard thereto. Town Engineer, Tom Kassmel explained to council that the State of Colorado had adopted higher standards for floodplain management. The major changes to the previous requirements included provisions to critical facilities and floodway surcharge criteria. Kassmel stated the state has given communities until January 14, 2014, to adopt local regulations consistent with the new standards in order to remain in good standing in the National Flood Insurance Program (NFIP) and be eligible for grant funding through the Colorado Water Conservation Board (CWCB). Daly asked if council had any questions for Kassmel. Moffet asked if there are any impacts to homeowners and Kassmel said no there wasn't. Daily requested a more detailed presentation to include a floodplain map for council to review at the second reading of this ordinance. Daly asked if there was any public comment and there was none. Moffet made a motion to approve Ordinance No. 19, Series of 2013, on first reading, with a second from Rogers. The motion passed unanimously, 7-0. The sixth item on the agenda was the first reading of Ordinance No. 20, Series of 2013, an ordinance providing for the levy assessment and collection of town property taxes due for the 2013 tax year and payable in the 2014 fiscal year. Kathleen Halloran, the Assistant Finance Director, explained to council this ordinance authorizes the collection of property taxes in 2014 based upon 2013 assessed valuations of property within the town's boundaries. Eagle County is responsible for assessing values and for collecting property taxes on the town's behalf. The town is required by Colorado state law to certify the mil levy by December 15 of each year. The ordinance is based on preliminary assessed valuations from the county. The town's base mil levy is 4.69 mils and the abatement levy is .015 mils. Abatement results when a taxpayer protests an assessed valuation after the normal protest period and is refunded a portion of the tax Town Council Meeting Minutes of November 19, 2013 Page 3 already due or paid. The abatement mil levy allows the town to recoup the refunded amount. This abatement levy of .015 mils equates to an additional $1.19 per year for a $1 million home and $4.35 per year for $1 million commercial property. The property tax authorized by the attached ordinance will generate $4.3 million in revenue in 2014, representing approximately 8% of the town's total revenue. The estimated total net assessed valuation for 2014 is an increase of 7.4% from the prior year's assessed valuation. Halloran will have updated numbers from the county by second reading. Moffet made a motion to pass Ordinance No. 20, Series of 2013, on first reading, with a second from Kurz. The motion passed unanimously, 7-0. The seventh item on the agenda was the presentation on the Timber Ridge Redevelopment project. Community Development Director George Ruther provided council with a summary of the proposed redevelopment of the eastern one-half of the Timber Ridge Village Apartments, which are located at 1280 North Frontage Road. Ruther explained a summary presentation of the redevelopment proposal was required pursuant to the terms outlined in the Pre -Development Agreement, executed by and between the Town of Vail and Gorman and Company. Ruther said council instructed staff to enter into discussions with Jen Wright and Gary Gorman on the redevelopment of Timber Ridge. All parties agreed that an RFP process was not needed as that process had failed to achieve the town's objectives on three previous occasions. Ruther said a "bottom up" approach based upon carrying capacity of the site had been used to determine development potential which had resulted in a project that is financially feasible and can be constructed unlike the previous three attempts. The development will consist of four, three-story tall buildings containing at least 113 dwelling units. At least 70% shall be deed restricted pursuant to zoning requirements. Ruther said there will be eighty-four (84) two bedroom units ranging in size from 870 square feet to 933 square feet and twenty-nine (29) one bedroom units ranging in size from 597 square feet to 633 square feet. Each unit will be provided with its own entrance off a shared exterior stairwell and with be equipped with a washer and dryer, gas furnace, energy star rated kitchen appliances and a 360 cubic foot storage closet (5'x8'x9'). There will be 153 surface parking spaces total for 1 parking space per one bedroom unit and 1.47 parking spaces per two bedroom unit. Ruther stated the town is obligated to mitigate rockfall hazard and the developer is obligated to pay for Frontage Road turn lane improvements. There have been initial pre -application meetings with the town fire department and the Public Works Department and the CDOT application and meetings are pending. The development application is required to be submitted by November 25, 2013, and the final Planning and Environmental Commission meeting is on December 16, 2013. Ruther said construction could start by late spring 2014. Rogers inquired why there was no information provided regarding a fourth story and an elevator, which council requested staff to provide at this presentation. Jenn Wright of the development team explained the rationale and efficiencies for buildings that are three stories compared to four stories. Wright also talked to council about his previous development experience in the county, which included Mountain Star, Eagle Ranch and the "Ruins." Wright also stated the development is geared around year around employees and what people can afford. Bugby stated parking Town Council Meeting Minutes of November 19, 2013 Page 4 makes the property desirable and the current parking proposal of 1.3 spaces per unit would be a problem. Moffet made a motion to instruct the Town Manager to sign the development application, on behalf of the Town of Vail, to allow the project, as proposed, to proceed through the town's development review process, with a second from Kurz. Daly asked if there was any public comment. Jim Lamont, Vail Homeowners Association asked about the rockfall mitigation that would be required. Ruther said there are three solutions: one to remove the hazard from the hillside, install rock wire mesh, or to drill into the rock and physically pin it into the hillside. Since there were no further comments from the public, Daly asked if council had anymore comments and there were none. A vote was taken and the motion passed unanimously, 7-0. The eighth 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 reviewed the minor changes that council had earlier requested. Daly asked if there was any public comment. There was none. Moffet made a motion to approve Resolution No. 14, with a second from Kurz. Daly asked if there were any further comments from the council. Bugby requested the resolution be tabled to allow the new council members time to review the suggested master plan prior to voting on it. Chapin said being a new council member, he was concerned about voting on an item he did not have the complete history and knowledge about. Kurz said he did not see any reason to table this item and that the stakeholders need to have a decision tonight so they may move forward with their plans. Moffet agreed with Kurz. Additionally, Moffet said the master plan was a guiding document, not zoning, non -prescriptive. Bugby said he would be voting no on approving the resolution because he feels he has not had enough time to review the proposed master plan. Bugby also expressed concern about having artificial turf in Ford Park. Rogers said there will be a possible new council every two years and that does not mean the new council re -does what former council has done. Rogers used the EverVail project as an example. Rogers suggested the new council members get educated and make the best choice they can. A vote was taken and the motion passed 5-2, (Chapin and Bugby opposed). The ninth item in the agenda is the second 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 stated at the November 5th council meeting the council approved the ordinance on first reading with no changes. Moffet made a motion to approve Ordinance No. 16, on second reading as read, with a second from Rogers. Daly asked if there was any public comment and there was none. Daly asked if council had any comments. Bugby expressed concern for citizens who may get sued by the town cannot compete with the town's resources. The motion passed 6-1, (Bugby opposed). Town Council Meeting Minutes of November 19, 2013 Page 5 The tenth on the agenda is Adjournment. There being no further business, Moffet made a motion to adjourn, with a second by Chapin. The motion passed and council adjourned at 8:40 p.m. Respectfully Submitted, Attest: it �- Andrew P. Daly T my el, Town Clerk SEAL 0. • p�•••....•�• �' Town Council Meeting Minutes of November 19, 2013 Page 6