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
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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
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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
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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
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