HomeMy WebLinkAbout2014-10-07 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, October 7, 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 Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation with input from several people as follows:
James van Beek, Sheriffs candidate serving the Republican party running for office presented
his background and platform.
Courtney Holm, candidate for District 2 Eagle County Commissioner, introduced herself and
spoke about her background and platform for running for office.
Jonathan Levine, Hummers of Vail, again presented information related to his prior police
matter. At this time both the Mayor and Town Manager addressed the inappropriateness of
this ongoing input from him on a police matter. It was noted that any further comments by Mr.
Levine should be submitted to the District Attorney's office and the courts. It was noted that
such complaints should not be directed towards local government officials as both the charter
and state statute do not allow for such interference in police matters.
Kara Bettis, Eagle County Coroner, thanked the town council for serving the community. She
also noted her candidacy as an incumbent for the coroner's office sharing her background and
qualifications for the position.
The second item on the agendas was the Consent Agenda as follows:
1. Minutes from September 2, 2014 Council meeting
Moffat moved to approve the September 2, 2014, minutes; Kurz seconded the motion and it
passed unanimously by those voting (Daly abstained since he was absent from the meeting;
6-0).
2. Minutes from September 16, 2014 Council meeting
Moffet moved to approve the.September 16, 2014, minutes; Kurz seconded the motion and it
passed unanimously (7-0).
3. 12-13-5: Employee Housing Unit Exchange Program —A request authorizing the Town
Manager to execute a release of a deed restriction from an existing employee housing unit
located at 1711 Geneva Drive
Town Council Meeting Minutes of October 7, 2014 Page 1
It was noted the Vail Local Housing Authority unanimously recommended the Vail Town Council
approve the proposed exchange of an employee housing unit located at 1711 Geneva Drive,
North Half Lot 5, Matterhorn Village Filing 1 in exchange for a fee in lieu payment for 1,119
square feet. It was noted by Town Attorney Matt Mire that this transaction is a cash payment.
Rogers moved to approve the request for an exchange of an employee housing unit pursuant to
the program to allow for the release of an employee housing deed restriction at that location.
Kurz seconded the motion and it passed with a six to one vote (6-1; Moffet - nay).
4. 12-13-5: Employee Housing Unit Exchange Program —A request authorizing the Town
Manager to execute a release of a deed restriction from an existing employee housing unit
located at 4166 Columbine Drive
The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the
proposed exchange of an employee housing unit located at 4166 Columbine Drive, Lot 18,
Bighorn Subdivision in exchange for a fee in lieu payment for 860 square feet. Moffet
expressed concerns and noted the funds collected with this transaction for housing fee in lieu
must be then used for housing. He requested a review of housing policy be made in the near
future. Kurz moved to approve the request for an exchange of an employee housing unit
pursuant to the program to allow for the release of an employee housing deed restriction at that
location. Rogers seconded the motion and it passed with a six to one vote (6-1; Moffet - nay).
The third item on the agenda was action as a result of the executive session. There were no
actions taken as a result of the executive session.
The fourth item on the agenda was the Town Manager's Report which included an update
1. Town's Passenger Transportation Ordinance & Outreach Meetings Update presented by
Police Chief Dwight Henninger
The presentation addressed the passenger transportation ordinance which was adopted in
order to hopefully alleviate the congestion caused by agencies providing transportation services
to the resort community. There was a review of maps showing staging locations with a
reminder that permits and licenses are required. It was noted this program has been successful
in reducing the conflicts occurring between types of services offered. There were no further
recommendations made to the program and licensing. Jonathan Levine, Hummers of Vail,
noted several concerns, such as 1) the evening's meeting was not made public by the police
department, 2) the permitting and enforcement of Uber vendors and services, 3) there is no
location for limousine staging in the 15 min parking zone area, 4) requested another meeting
with Police Chief to address his concerns. A brief update was then provided answering the
Mayor's question about the use of video cameras by police officers in cars and on body; Chief
Henninger's response noted some of the technology improvements and shortfalls in that there
has not been a good product for videos yet to use by the officers.
The fifth item on the agenda was the Vail Golf and Nordic Center Clubhouse Project update
presented by third party consultant, Chris Penney NV5, along with Stan Zemler and Greg Hall,
Public Works. Zemler noted the item had been scheduled as an update first with, a public
hearing to follow at the next meeting in order to gather further community input about the
proposal and next steps. There was mention that a joint session was held with the Vail
Recreation District Board at their September meeting. Chris Penney with NV5 consultants then
presented the results of his review of the project budget with follow up recommendations and
proposed next steps. His presentation included a review of several business points including
the process and project and budget history and reasons for supporting of the budget quality on
the project. He noted the proposed budget as conservative with support of the remodel as still
the right solution. It was noted that the current estimate for the remodel is $3.9 million more
Town Council Meeting Minutes of October 7, 2014 Page 2
than the original budget because of escalation in construction costs. His suggestions for
moving forward were made which included:
✓ Engage a Project Manager / Owner's Representative
✓ Restart Zehren and their consultants
✓ Initiate'VE' process
✓ Submit to DRB
✓ Solicit a CM/GC, concurrent to DRB process
✓ Budget check at conclusion of CM/GC selection process
✓ Begin construction in September 2015
He noted some costs may be reduced if these steps were taken and PEC has already reviewed
the proposed project in its current state. Greg Hall presented some of the project details, 1) the
floor plans, 1' and 2nd floors, elevations, 2) the exterior angles of the clubhouse from each
geographic viewpoint, and 3) the site plan noting that it would be built on existing foundation
with some bump out to the eastern side of the lot — possibly 12 to 14 feet. There were some
questions and Zemler then spoke about the building capacity and parking spaces. Mayor Daly
invited public input at this.
1. Debra Webster, resident, asked about using existing structure vs, building new structure and
expressed concerns of moving forward if the court rulings were not final with a request
council reconsider spending more money on the project at this time while the appeal is still
being heard by the courts.
2. John Rediker, PEC member and resident, spoke about increase in construction costs
especially attributable to the change in the scope of work and asked their consideration for
releasing a request for bids on the project, which might help reduce costs. There was some
discussion about the pros and cons of going out to bid with such high costs occurring (up
9% per year on the project). The consultant expressed a good comfort level with the
proposed budget noting that there may be a need for a higher contingency of 20% for this
project. Other bidding processes were discussed.
3. Kevin Hoechtl, resident, supported the remodel of the Golf Clubhouse and Nordic Center as
in its current state it is an eyesore and in some regards not up to building codes. It is time
for a world class status building and time to get to a solution.
4. Lori Allen, resident, supported the project noting the land is beautiful but the building is
substandard. It is necessary.
5. Jonathan Levine, Hummers Vail, noted that he hears most would prefer to build new rather
than remodel.
6. Jim Lamont, Vail Homeowners Association, suggests that a maximum budget is established
given all the perplexities of the construction costs that ebb and flow in the economy. He
submitted his position about several business points as follows: 1) what will be the utilization
of the space, 2) consider a value -engineered approach, and 3) suggests estimating future
litigation costs and what happens if the town does not prevail.
There was Town Council input at this time with various comments made about the project:
Moffet spoke about his support of the project in light of the community vote'. in 2011 (having
read the ballot question) with consternation about the rising costs but also noted they will
monitor costs closely and explained he fully understood what the public wanted on this
matter with the success of the vote.
Rogers fully agreed with Moffet noting nothing controversial about the uses at this facility;
and secondly, a tear down would require more funds and more time because it would be
considered a new proposal that needs to go through the full process which would all cost
more. Rogers moved to approve $3.9 M to develop the Clubhouse and Nordic Center; Kurz
seconded the motion.
Town Council Meeting Minutes of October 7, 2014 Page 3
Kurz indicated that if they do not move forword at this time, they are going backwards as a
community and he did not support stopping the process. He expressed that a redesign will
cost more than a remodel and the town cannot afford those additional costs.
Bruno agreed with these comments as well suggesting the community voted on this multi
use aspect and it is a community asset that should not be looked at it in a limited fashion.
Chapin spent a few minutes talking about the project and the many perceptions surrounding
it. He supports the fact the community needs a world class facility at that location and
delaying the project is not sensible. It is time to move on. He also thanked the community
for their input.
Bugby requested clarification on the motion and whether or not the additional funding was
for the current design. Rogers responded with her support for the additional funding for the
current design. He proceeded to detail some of his concerns, 1) public is opposed, 2)
flawed design, 3) making an event center out of a golf clubhouse, 4) there was deception in
the process and ballot question, 5) project is over budget, 6) shortage of parking, 7) litigation
is ongoing, and finally expressing his opposition to the project in its current state. He
requested a new forecast on the revenue & expenditures and a full service restaurant be
included with the project.
Kurz noted he was not involved in writing the ballot language and expressed great objection
to comments made about deceiving the public; he pointed out these comments are opinion -
based and not in the best interest of working together.
Daly noted that he and Rogers were on town council at the time of the election and drafting
the ballot language. He expressed his pride in serving the community of Vail and noted their
intent was never to deceive the public and took exception to earlier comments made. He
agreed the project has taken on quite the negative reputation and noted the lack of
adequate initial public outreach with the surrounding property owners. He raised the point
that their public process approach has been adjusted as a result of the clubhouse in that
both the Booth Creek Park and 1-70 planning processes have included stakeholder and
community involvement upfront. He supported the clubhouse remodel as it is time to
upgrade the building which has served so many community functions and uses over the
years. Daly expressed his appreciation to his colleagues and community for their input,
noting some sound suggestions were provided about the operating agreement, occupancy
limits and sound restrictions.
Staff requested direction with regard to the recommended next steps for the Vail Golf and
Nordic Center Clubhouse project and clarification about whether or not to include an
amendment to the project budget of $3.9 M to be funded from the Capital Projects Fund. Daly
noted the motion on the table from Rogers with a second by Kurz and a reminder about the
follow up steps to include as part of the motion, 1) Engage a Project Manager / Owner's
Representative, 2) Restart Zehren and their consultants, 3) Initiate'VE' process, 4) Submit
plans to DRB, 5) Solicit a CM/GC, concurrent to DRB process, 6) Budget check at conclusion of
CM/GC selection process, and 7) to begin construction in September 2015. Rogers expressed
her dismay with the name calling that has occurred by Councilor Bugby and reiterated her
motion to approve the supplemental funding of $3.9 from the CIP Fund and to proceed with next
steps as identified. The motion passed with a six to one vote (6-1; Bugby— nay).
Town Council Meeting Minutes of October 7, 2014 Page 4
The sixth item on the agenda was the Town of Vail Municipal Site Redevelopment presented by
Director of Community Development George Ruther and Will Hentschel, 359 Design, noting the
purpose was to seek council and public input on the proposals for redeveloping the Town's
municipal site, located at 75 South Frontage Road which currently houses the Town's
administrative offices, police department, community development department and community -
wide recycling drop off center. The council packet memorandum outlined redeveloping the site
with three alternatives for consideration as follows
1. Construct a +1-160 space parking garage and repair outdated building systems in the existing
building.
• Adds +1-80 incremental new public parking spaces.
• Demolishes the Community Development Department building and remodels the existing
Town Administrative Offices.
• Major disruption to operations during the remodel process.
• Allows for future uses atop the entire area of the parking garage.
• Likely the least expensive alternative.
• Allows for a more extensive redevelopment to occur at a later date (i.e., Police Department).
2. Construct a +/-160 space parking garage and construct a new municipal office building where
the Town's administrative offices are currently located.
• Adds +1-80 incremental new public parking spaces. ,
• Demolishes the Community Development Department building and the Town's Administrative
Offices at the same time.
• Requires the relocation of the town's municipal offices for the duration of construction
• Requires minimal revisions to the current building plan sets.
3. Construct a +1-160 space parking garage, 15 surface parking spaces, `and build a new
municipal office building atop the parking garage.
• Adds +1-80 incremental new public parking spaces.
• Demolishes the Community Development Department and allows the use of the Town's
Administrative Offices while the new building is under construction.
• Requires more extensive revisions to the current building plan sets.
• Increased utilization of the redevelopment site.
• Likely the most expensive alternative.
There were several questions asked by town council members as follows:
✓ What about including a performing arts facility which could house performances and art
exhibits?
✓ How about including a plaza with the design?
✓ How about including a parking garage?
✓ How will disruption of the day to day business be mitigated?
✓ Does the current use of the land make the best choice, considering the location?
✓ 1s the site being utilized fully?
✓ How about more meeting facility space?
✓ How about grocery store?
✓ Would this location be better used for housing?
✓ Would this location be suited to including commercial or'offce space?
Public comment was provided by resident Stephen Connelly who requested a thorough and
new review be completed with public input as to what to include at that location and that options
be provided which would best optimize the site. In summary, there was consensus to direct
staff to continue to evaluate whether or not other services or uses should be included in the
Town Council Meeting Minutes of October 7, 2014 Page 5
redevelopment of the site. It was noted the current proposals include primarily a municipal
services use with the plan to increase the parking spaces to 160 with a parking garage.
The seventh item on the agenda was discussion about the 2014-2015' Winter Parking Program
as presented by Greg Hall, Public Works, with a request to approve the 2014-2015 Winter
Parking Program. He noted that every year the Town Council approves the winter parking
program for the upcoming season with a recommendation to keep the program the same as the
last year. He noted that new this season will be several operational improvements following
installation of state-of-the-art parking equipment, including a license plate recognition feature
that will systematically record the entry and exit of each vehicle, which will then be used to
pinpoint lost ticket charges and re-entry access. In addition, he described the pay -on -foot
stations being installed in the Vail Village and Lionshead parking garages that will enable pass
holders to add value to their cards at any time once the card has been certified or re -certified by
the town's parking sales office as well as expedite departure through a new express lane in
Lionshead. As a guest service feature, the system will also be used to help reunite drivers with
their cars by identifying which lot the vehicle entered. He also spoke about impacts from the
2015 Alpine World Ski Championships in February which would cause a closure of the 50 space
soccer field parking lot from 1/2/2015 to 3/15/2015 for pink pass holders. Those holders will be
redirected to the Ford Park lot during the closure. He spoke about obtaining a 3 month
exception from CDOT to allow use of the 35 spaces along the N Frontage Road near Middle
Creek to offset some of the lost parking. The Middle Creek parking had previously been used by
pink parking pass holders. There was unanimous support of the program at the current pass
rates, the current 2 hour free parking, free parking after 3 pm, and support for a request to
CDOT about the use of the Frontage Road. There was some discussion about the ordinance
violations imposed against those departing and reentering the parking structure within thirty
minute timeframes, referred to as "looping." It was noted the enforcement has been minimal in
this regard and there are some lost revenues with the behavior but the new equipment might
help in reducing it. There were some public input suggestions made that might help improve
some of the issues related to changing the signage and using tolerance with respect to looping.
Council requested to re -set looping actions to fifteen minutes for re-entry and asked staff to
collect data with no penalties at this time. It was noted that a review of this topic would be made
again after the first of the year.
The eighth item on the agenda was Ordinance No. 15, Series of 2014, First Reading,
Amending SDD8 as presented by Joe Batcheller, Community Development, who noted the
ordinance would repeal and reenact the approved development plan for Special Development
District No. 8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code,
to allow for the conversion of three commercial condominiums to three residential
condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting
forth details in regard thereto. (PEC140033) The Planning and Environmental Commission
recommends the Town Council approved first reading of Ordinance 16, Series of 2014, with the
following conditions:
1. The applicants shall each mitigate the employee generation impact created by the addition
of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.; C-3, 1,517 sq. ft.) in
accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code.
Each applicant shall mitigate their specific unit's impact according to the methods and timing
prescribed in Section 12-24-6, Methods of Mitigation, Vail Town Code.
2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and
governing documents regarding the change in use for units C-1, C-2, and C-
The applicants, Matthew King, Mery Lapin and Bill Pierce, spoke on behalf of their request. The
discussion addressed numerous topics about:
Town Council Meeting Minutes of October 7, 2014 Page 6
• The basis for the request and why the sizeable upzoning
• Typically do not convert commercial units to residential units
• What is the public benefit for the town approving this request
• There is a loss of revenue with this approval
The applicants noted some difficulties in achieving success with the units zoned commercial;
there is no interest in office space or a restaurant (which is what the space is slated for) at this
residential location. There was some opposition to the request because of the lack of public
benefit gained from approving the request although it was suggested that some condition about
enhancing housing would be a suitable trade off. Kurz moved to approve Ordinance No. 15,
Series of 2014. Bugby seconded the motion and it passed with a four to three vote (Bruno,
Moffet, Rogers — nay; 4-3). There was no public input on this matter.
The ninth item on the agenda was First Reading of Ordinance No. 16, Series of 2014, An
Ordinance Amending the Vail Town Code by the Addition of a New Section 6-3D-6, Prohibiting
the Use of Compressed Flammable Gas in THC Extraction in Town Vail; and Setting Forth
Details with Regard Thereto, as presented by Matt Mire, Town Attorney, with a request to
approve, amend or deny first reading. He noted that since the adoption of Amendment 64,
Colorado residents are attempting to extract THC from their personal use marijuana plants
within their homes using compressed flammable gas as a solvent. Newly adopted C.R.S. § 9-
17-113 expressly authorizes municipalities to prohibit this practice. Chapin moved to approve
Ordinance No. 16, Series of 2014, Moffet seconded and the motion passed unanimously (7-0).
There was no public input on this matter.
The tenth item on the agenda was adjournment. There being no further business to come
before the council, moffet moved to adjourn the meeting and Kurz seconded. The motion
passed unanimously, (7-0) and the meeting adjourned 9:45 p.m.
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Town Council Meeting Minutes of October 7, 2014 Page 7