HomeMy WebLinkAbout2014-08-19 Town Council MinutesVail Town Council Meeting Minutes
(W Tuesday, August 19, 2014
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, Mayor Pro Tern
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation as follows.
Mayor Daly highlighted the flyer that was provided the community to help them understand the
protocol surrounding the public participation process.
1. Jonathan Levine distributed a Wall Street Journal that included an article about impacts from
being arrested. He requested the Town Council review his incident and issue a clearance of
(W his arrest record. He noted these scenarios are getting national attention.
2. Michael Cacioppo raised his concern with a Vail staff member's federal testimony in a case
and his consideration in filing a civil lawsuit against this person because of their
contradictory testimony presented. He requested an apology from the police officer involved
in the case.
3. Paul Rondeau, resident, made some inquiries about the Timber Ridge project requesting
more time for the public to review the documents before decisions are made.
The second item on the agenda was the Consent Agenda as follows:
1) Appoint Patty McKenny to NWCCOG Board of Directors to serve as Town of Vail
representative
Moffet moved to appoint Town Clerk Patty McKenny to NWCCOG Board; Kurz seconded the
motion and it passed unanimously (7-0).
2) Resolution No. 22, Series of 2014, Resolution Expressing Support for Congressional
Wilderness Designation of Six Separate Areas on Public Lands Surrounding or Nearby
Town of Vail
Mayor Daly presented this resolution which supported the Rocky Mountain Recreation and
Wilderness Preservation Act. The Act seeks to preserve areas with exceptional scenic and
recreation values located in the White River National Forest in Summit and Eagle Counties. The
newly revised proposal includes the No Name, Spraddle Creek, and Freeman Creek portions in
Eagle County. It was noted the council received letters from both Eagle River Water and
Sanitation District & Representative Polis' office dated August 18, 2014, which offered different
positions about some of the language written. Rick Sackbauer and Linn Brooks, ERWSD, were
Town Council Meeting Minutes of August 19, 2014 Page 1
present to review their concerns outlined in their letter submitted to town council with a request
to table the resolution until further resolve could be made with their concerns about 1) the
designation not allowing the district to manage the area with regard to their mitigation, and 2)
the uncertainty about using mechanized equipment for restoration activities. Nissa Erickson,
Congressman Jared Polis' Office, also addressed the council noting their office is currently
reviewing the comments made by ERWSD. She explained that so much progress had been
made in reference to many stakeholder groups who have provide input on the legislation. There
were several council comments regarding the ERWSD correspondence that questioned the
District's concerns about watershed mitigation. Again, the District reiterated their need for
testing and their ability to do this in a timely and efficient manner in order to comply with the
current language of the bill. There was further discussion about whether or not to continue a
decision on the resolution so that both parties have additional time to address the matter.
Mayor Daly asked for public input on the agenda item and the following people responded with
input:
Kevin Hochtel, Vail resident, requested council's support of the resolution in its current form
and expressed surprise to the comments made by ERWSD and disagreed that Spraddle
Creek would have any contaminants especially this time of year.
Susie Kincade, Eagle County resident, explained some of the history surrounding the
drafting of the legislation noting that studying any watershed problems likely occurred on the
valley floor's watershed and not the watershed in the pristine wilderness areas.
Rogers moved to approve Resolution No. 22, Series of 2014, Resolution Expressing Support for
Congressional Wilderness Designation of Three Separate Areas on Public Lands Surrounding
or Nearby Town of Vail. Bruno seconded the motion. Additional Council comments were then
given. The motion failed with two votes in support of the motion and four votes opposed to the
motion (Bruno, Rogers — yea and Moffet, Kurz, Daly, Bugby, Chapin — nay). Another motion
was made by Moffet who moved to table Resolution No. 22 until the September 2, 2014, council
meeting. After some discussion about the fact that council could just direct to schedule the item
for the next council meeting, Moffet moved to direct staff to reschedule the item for the next
meeting; Rogers seconded the motion and it passed unanimously (7-0).
The third item on the agenda was action as a result of the executive session; there were no
actions or motions made at this time.
The fourth item on the agenda was the Town Manager's Report; there was nothing reported at
this time.
The fifth item on the agenda was 1-70 Vail Underpass Update, the proposed new multimodal
pedestrian and vehicular connection midway between Main Vail and West Vail exits, passing
under 1-70. This underpass was identified in the Vail Transportation Master Plan (VTMP) and
the CDOT 1-70 Programmatic Environmental Impact Statement (PEIS) as a critical link between
the North and South Frontage Road. Tom Kassmel, Town Engineer, presented design updates
with a review of maps showing some of the differing design features addressing the following
revisions:
■ North Roundabout remained at the preferred west location, previously identified in May as
"Compact Roundabout — Location 1"
■ North Roundabout increased in size slightly from 107.5' to 110' in diameter, the majority of
the additional couple of feet was pushed towards the interstate.
Town Council Meeting Minutes of August 19, 2014 Page 2
■ South Roundabout moved approximately 100' to the west and decreased from 130' to 110'
in diameter; this reduces the underpass skew from 27 degrees to 7 degrees, a desirable
design consideration.
It was noted the above changes provided safety and traffic operation improvements resulting in
slower entrance vehicle speeds meeting the CDOT/FHWA roundabout design guidelines. The
changes also allow all truck types to make all turning movements with the use of truck aprons
within and outside of the roundabout. Kassmel noted that further discussion with council
resulted in staff continuing to review the following items to mitigate further impacts to the area:
■ Minimizing the encroachment toward Savoy Villas at the flare of the westbound exit of the
North roundabout
■ Mitigating the headlight impact to the residence to the south along the south roundabout
■ Mitigating and screening the aesthetics of the south roundabout Gore Creek walls from the
residence to the south
He also noted correspondence from a south side property owner concerned about the proximity
of the Gore Creek roundabout to his residence and the creek. Kassmel noted that as a result of
the input, the Town Council requested additional information regarding the decision to change
the underpass skew from 27 degrees to 7 degrees which resulted in moving the south
roundabout 100 feet to the west, as previously discussed on July 15th. At this time Felsburg,
Holt & Ullevig (FHU) presented information about the roundabout design review and outcomes.
Region 3 CDOT Program Engineer Steve Olsen was present to address questions and
concerns about the truck movement through the roundabout and requirements of the Federal
Highway Administration (FHWA). He noted that adjustments to the design were made to
embrace the criteria of the FHWA and that this environment is typically quite set.
Mayor Daly welcomed public comment at this time as follows:
✓ Jonathan Levine expressed concern that pedestrian access and flow be addressed
✓ Bob Llewellyn — resident of Savoy Villas, provided supportive input about the collaborative
process that was very productive in terms of the North Frontage Road roundabout design,
and also expressed his concerns that these revisions are very impactful to the neighborhood
in terms of the truck traffic.
✓ Charlie Calcaterra, resident of Simba Run (board member and part of the 3 member
committee), expressed concern about the design and that it now creates accessibility for
larger trucks which are not what the original understanding included. He requested they
stay with the original design which restricted the use of the roundabout by the larger trucks
and would also then mitigate some of the noise impacts.
Council comments were expressed as follows:
✓ Bugby preferred using T-intersections
✓ Chapin addressed the residents with an apology about any misunderstandings and
encouraged CDOT and FHWA to relook at the roundabout design that would limit the truck
size that would prohibit the wb67 trucks
✓ Rogers also requested a design that would prohibit the wb trucks in the roundabout
✓ Kurz also apologized for any communication breakdowns that have occurred. He expressed
support of the design as mechanically & technically the best solution for the next 20 years
and suggests concentrating on mitigation measures that addresses the impacts of the north
side & thinks the south side has been mitigated to a great degree
✓ Moffet in general agreed with Kurz and does not support having the larger trucks. He spoke
about his belief that the larger community does not support this type of truck on the frontage
Town Council Meeting Minutes of August 19, 2014 Page 3
roads and is interested in understanding the current level of service the roads provide this
type of truck
✓ Bruno apologized for any communication breakdown and that the town and neighbors must
all continue to work together for the best solutions. She believes there is full support from
council to continue to mitigate the impacts of this project.
✓ Daly noted the law of unintended consequences in this matter and his support lies in actively
working with CDOT to obtain a variance for this road since both frontage roads serve
primarily as community streets and not as federal highways.
Further community input spoke to the mission of the project as trying to help the Town of Vail
with providing more efficient access for its community as the focus was not meant to build an
underpass that would accommodate access for large trucks. Mr. Olson, CDOT, noted that he
would help the Town of Vail with the variance process. Town Manager Stan Zemler reaffirmed
the need to better understand the number of trucks that exist on the frontage road right now.
Staff reiterated that their focus would remain on retaining a 7 degree skew option, continue with
an assertive effort in mitigating impacts, and working with CDOT to proceed through a variance
process which eliminated access for larger trucks.
The sixth item on the agenda was Resolution No. 18, Series of 2014, Resolution approving a
Development Agreement for Timber Ridge Property. Matt Mire, Town Attorney, presented a
revised Resolution No .18, substantially in the same form that was presented on August 5tn
except that the Vail Housing Authority was no longer included as the landlord. It was noted that
if approved, authorization would be given the Town Manager to execute the Agreement on
behalf of the Town subject to the following contingencies:
1. Approval by the Vail Local Housing Authority of the Ground Lease and Deed Restriction for
the Timber Ridge property;
2. Approval by the Vail Local Housing Authority of Developer's operating agreement;
3. Approval by the Vail Local Housing Authority of any documents required by Developer's
lender to be signed by the Vail Local Housing Authority for the Timber Ridge property; and
4. Final approval by the Town Attorney.
It was noted that the final ground lease estoppel certificate and agreement would be separate
and council could authorize the Town Manager to sign these documents as well. There were
some concerns express by Rogers related to the tax exempt status of the project and the option
to sell the land.
At this time Mayor Daly called up the seventh item on the agenda Resolution No. 21, Series of
2014, Resolution approving the Ground lease and Deed Restriction for the Timber Ridge
Property, which addresses the redevelopment of the eastern 5.24 acres of the Timber Ridge
property noting the proposed ground lease and deed restriction documents are necessary to
successfully carry out the redevelopment project. Matt Mire noted that the resolution addresses
the following:
1. Approval of the Ground Lease for the Timber Ridge subject to final approval by the Town
Attorney.
2. Approval of the Deed Restriction for Lion's Ridge Apartment Homes on the Timber Ridge
property subject to final approval by the Town Attorney.
3. Upon the execution of the Development Agreement for the Timber Ridge property by all
parties to the Development Agreement, the Town Council authorizes the Town Manager to
execute the Deed Restriction in the final form approved by the Town Attorney.
Town Council Meeting Minutes of August 19, 2014 Page 4
Some discussion addressed the revisions made to the documents from prior considerations.
There were still concerns expressed about 1) the length of the lease, extended from 35 years to
50 years, 2) the rental payment terms, 3) the tax exempt status of the project, and 3) the sale
option on the land to include $5M. Rogers specifically addressed the revisions by questioning
the tax exempt status if it was a private development at market rental rates, and opposing the
option for a sale of the property. Bugby opposed the project because of the added 15 years to
the lease from 35 years to 50 years, the purchase option for $5 million being added, the poor
preparation of Gorman and Wright for their financing, and the property not being retained by the
Town in order to control rental rates.
The following public comments were heard:
✓ Greg Perkins, legal counsel for the developer's project, spoke about the term, cash flow,
objectives of the project, the developer fee calculation, risk of the project and the county
assessor's approval of the project as tax exempt.
✓ Paul Rondeau, resident, submitted input with a letter he read into the record asking their
consideration of not selling the land.
✓ Bob Armour, resident, expressed opposition to selling the land in the final deal.
Further Council comments were made:
✓ Moffet spoke about the very long history of the project expressing support of the current
deal. He noted the deed restriction and zoning was the key to the success of the lifetime of
providing employee housing and that the parties engaged in the deal had his full support.
✓ Ludwig spoke similarly to Moffet noting that the deal is good for the community and their
goal of preserving workforce housing has been met.
✓ Bruno noted that there may be a perception that the town has lost control of the
development with a request to require an appraisal on the land prior to selling the land.
✓ Chapin noted his support for the need to provide workforce housing in Vail and while not
fully supportive of selling the land, the deal must move forward even thought it is not perfect,
it does support their objective. He would prefer the land be valued with the appropriate
appraisal tools. ��
✓ Daly spoke about the history of the ne r1BC"IM
:the various developer parties and
submitted his support of closing the ••.•'�i'eJ d"fat the town is subsidizing the
employee housing and it is a worthwh' estment Ad virile not all support the option to
sell the land, it has always been the o ct a Feohk parcel to workforce housing.
J
Moffet moved to approve Resolution No. Volution aopr#ing a Development Agreement
for Timber Ridge Property and further aut izi 4ke►manager and Town Attorney to
review and execute the remaining associate '� urz seconded the motion. There
was a request that the council subcommittee w includes Moffet and Daly review and
approve the operating agreement, an agreement between the Vail Local Housing Authority and
the Developer (the town is not a party to this agreement). Paul Rondeau spoke about a point of
order related to his confusion over the motion and the agenda items Resolution No. 18 & No.
21; the Town Attorney provided an answer to the question by noting the two different
Resolutions take actions separately on the development agreement and the ground lease. The
motion passed with a five to two vote (Daly, Chapin, Kurz, Bruno, Moffet — yea; Bugby and
Rogers — nay).
Town Council Meeting Minutes of August 19, 2014 Page 5 13
Moffet moved to approve Resolution No. 21 Resolution approving the Ground lease and Deed
(W Restriction for the Timber Ridge Property. Kurz seconded the motion. There was further
discussion with the developer about the purchase price for the sale of the land that would
include the ability to negotiate the sale price based on an appraisal. Developer Jenn Wright
provided comments on the business points noting that this could be negotiable to include in the
agreement. Moffet moved to amend his motion to include the purchase price of the land be
determined based on an arbitration process for appraiser selection. Kurz seconded the
amended motion and it passed with a five to two vote (Daly, Chapin, Kurz, Bruno, Moffet — yea;
Bugby and Rogers — nay).
a
11
The eighth item on the agenda was second reading of Ordinance No. 14 Series of 2014, An
Ordinance Amending Sections 5-4-9 and 5-4-10 of the Vail Town Code Relating to the
Possession, Consumption and Use of Nicotine Products by Minors and the Sale of such
Products to Minors. Matt Mire, Town Attorney, noted no changes for second reading and
highlighted that the Colorado General Assembly recently passed Senate Bill 2014-18, which
prohibits furnishing and/or selling nicotine products to minors, including electronic devices that
deliver nicotine. Sections 5-4-9 and 5-4-10 of the Vail Town Code govern restrictions on
tobacco products and minors, but do not include nicotine products such as electronic cigarettes.
Moffet moved to approve on second reading. Bugby seconded the motion and it passed
unanimously (7-0). There were no public comments on this topic.
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bugby seconded. The motion
passed unanimously, (7-0) and the meeting adjourned at 9:30 p.m.
Att
7 (-c )'I�'
Patty cK nny, Tpwn
Town Council Meeting Minutes of August 19, 2014
Respectfull ubmitted,
Andrew P. Daly, Mar�_%�—
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