HomeMy WebLinkAbout2014-11-04 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, November 4, 2014
600PM.
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
Mayor Daly presented the proclamation for Colorado Gives Day on December 9 which was read
into the record by Mayor Pro Tem Kurz Paula Palmateer, with the Red Ribbon Project, spoke
on behalf of the other non profit community organizations with 40 groups signed on to receive
funding She recognized the local businesses and government agencies for all the support of
the work being done by the charities throughout Eagle County Bugby moved to approve the
proclamation, Rogers seconded and the motion passed unanimously (7-0). Mayor Daly thanked
all those who were in attendance
The first item on the agenda was Citizen Participation with input from.:
Kirk Hansen, resident of Pitkin Creek, identified a stream embankments issue North of 1-70
as a partially failed creek bank about 100 yards up -creek from Fall Line Drive in East Vail
noting concern the creek bank will fail completely when water levels rise high enough The
Falls at Vail HOA is asking Town of Vail to follow the recommendations outlined in the River
Restoration report to help rebuild, secure and protect the stream bank in that area It was
noted town staff would evaluate the area
The second item on the agenda was the Consent Agenda items as follows
1 Approval of the October 7, 2014 Town Council Meeting Minutes
Moffet moved to approve the minutes, Bugby seconded the motion and it passed unanimously
(7-0)
2 Approval of October 21, 2014 Town Council Meeting Minutes
Moffet moved to approve the minutes, Bugby seconded the motion and it passed unanimously
(7-0)
3 Proclamation for Colorado Gives Day
Moffet moved to approve the proclamation, Kurz seconded the motion and it passed
unanimously (7-0)
Town Cuuncd Meeting Minutes of November 4, 2014 Page 1
Moffet moved to approve all other resolutions on the consent agenda, Bugby seconded the
motion and it passed unanimously (7-0).
4 Resolution No 30, Series of 2014, TOV Bank Account Signature Authorization First Bank
5 Resolution No 31, Series of 2014, TOV Bank Account Signature Authorization Alpine Bank
6. Resolution No 32, Series of 2014, TOV Bank Account Signature Authorization Colotrust
7 Resolution No 33, Series of 2014, TOV Bank Account Signature Authorization Piper Jaffray
8 Resolution No 34, Series of 2014, TOV Bank Account Signature Authorization Schwab
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 on
the Council Action Plan and Capital Projects/Program Reports through September 30, 2014
This agenda item discussion was set for the next meeting
The fifth item on the agenda was the Betty Ford Alpine Gardens Education Center (BFAG) —
Lease Area Amendment and Financial Surety as presented by George Ruther, Director of
Community Development He noted the need to obtain council's consideration and approval of
the general lease terms, lease area amendment and proposed form of financial surety prior to
the construction of the education center on town owned land He reviewed the packet memo
with a summary about how the proposed lease area terms address BFAG efforts to expand their
improvements and operations within Ford Park to an area presently outside the leasehold area,
thus, the need for an amended lease Such terms noted in the lease included the term of 49
years ending on May 30, 2046, the improvements which reference the education center and its
operations (Betty Ford Gardens Education Center Operational Plan, as amended, July 7, 2014),
the uses, program of space, parking and access, to name a few In addition there was a review
of the Town Council's requirement the Betty Ford Alpine Gardens demonstrate the financial
ability to complete the construction of the Education Center once started with a request for
financial surety with the posting of a completion bond prior to the issuance of a building permit
Jack Hunn, representing BFAG, was present to express difficulties associated with posting a
completion bond and instead proposed the Town Council accept an approved line of credit, to
which the Town of Vail shall have access, in an amount sufficient to cover the cost of
completing the project He referenced the loan commitment letter included in the packet
materials There was some discussion about the costs related to using either a performance
bond vs a line of credit Hunn requested consideration for requiring the line of credit rather than
the bond in an effort to save some costs that could then be use for construction costs of the
project. It was noted that in light of the long term relationship with BFAG and the fact that other
projects were not required to provide the performance bond, the town should allow the line of
credit Mayor Daly preferred requiring the bond to cover the town's risk and as well because the
financial condition of the BFAG has not been that strong in the past five years. Other discussion
addressed the following topics, 1) total project costs ($4M), 2) actual and projected monies
raised through pledges and donations, 3) status of grant applications, 4) costs of a bond, 5) loan
language revisions related to funding the project, and 5) questions about collateral. It was
suggested the amendment also address the BFAG fiscal responsibility to cover the costs
associated with the maintenance of the new building, council expressed some concerns about
these maintenance responsibilities and the need for an operational plan that would address
some of the finer details about park operations, access, parking, deliveries, etc
Town Council Meeting Minutes of November 4, 2014 Page 2
Bugby moved to approve the request by BFAG for their financial surety and construction
building permit; Rogers seconded the motion The Town Attorney noted a motion was not
necessary for this item and then summarized the direction from council to staff as the following,
all of which were supported by Town Council
✓ Approve BFAG moving forward with obtaining the building permit
✓ Further council review of an amended lease and operational plan in the near future
✓ BFAG would proceed with providing a line of credit to the town with some involvement by
the Town Manager, Town Attorney and with Alpine Bank to ensure the appropriate
protections are in place for the town
The sixth item on the agenda was a presentation on the 1-70 Vail Underpass Update and Noise
Assessment presented by Tom Kassmel, Public Works Engineer, Felsburg, Holt and Ullevig
The purpose was to provide an update of the design progress, provide the summary results of
the 1) Traffic Noise Impact & Assessment, 2) outline the process for consideration of rase walls
3) design updates, and 4) identify the next steps in the process The draft traffic noise impact &
assessment report was completed by FHU in accordance with Federal and State laws and
guidelines, and based on their findings, noise impacts were identified and the construction of
noise walls to abate traffic noise has been found to be reasonable and feasible There was
some discussion about a survey that could be conducted in order to better understand what the
neighborhood would prefer in terms of abatement solutions But in order to proceed, results of a
survey of the benefitting noise receptors would need to be supported by a majority of the
benefitting noise receptors In addition it was noted that the design team would continue to
move forward with the design and the environmental analysis to more thoroughly vet the design
solution It was noted as the process continued, the design team will update and continue to
receive input from the Town Council and the community on the project's progress and any
notable changes, through public meetings process Mayor Daly asked for public input at this
time
1 Rich Larsen, Simba Run resident, expressed some dissatisfaction with the surveying need,
the format and the entire process and noted this as a regulatory overreach, he noted the
solution is far worse than the problem
2 Oscar Caylan, Simba Run resident, expressed that possible solution identified does not help
the unit owners, too much studying is involved, and the need for education prior to sending
the survey so participants understand what is at stake
3 Carol Calcaterra, Simba Run resident, expressed thanks to those involved and spoke from a
Vail resident perspective, not a unit owner perspective, sharing her love of Vail and its
beauty
4 Katie Stater, Savoy Villas, commended staff on their efforts with the project, expressed her
keen interest in the visual and design elements of the project as well as the decibel impact
of the wall, would like to see drawings of a proposed wall
5 William Pierce, Simba Run resident, expressed concern there is really not enough
information just yet, further study should be completed to identify all options
6 Charlie Calcaterra, Simba Run resident and board member, thanked staff for attending their
homeowner's meeting along with the consultants and expressed his request that the project
continue to get the study it deserves so that all options can be identified and reviewed by the
neighborhood, staff, consultants and town council
7 Jonas Staller, Savoy Villas units, expressed his request that the homeowners have a
chance to review any designs before making final determinations on the project, and thought
maybe addressing some of the impacts could be done with some landscaping efforts
Town Council Meeting Minutes or November 4, 2014 Page 3
S Kim Langmaid, West Vail resident, expressed a request that the town consider creating a
wall that is wildlife friendly
9 Jim Lamont, Vail Homeowners Association, expressed concerns about truck size access,
and noted their board feels the project is beneficial to the community and noted the frontage
road system should work at a standard road network capacity He expressed that the idea
of the sound walls is of interest to the community as a whole and such decision should be
evaluated by the entire community
There was council feedback with some concerns and questions expressed
✓ How does the survey and possibly construction of noise berms impact costs of the project
and who is responsible for costs?
✓ Obtain input on survey format from homeowners
✓ What does the process look like with the Transportation Commission in light of this
abatement option?
✓ Ensure survey gets to the appropriate people/homeowners
✓ Possibly install a temporary wall in the median in order to receive input on what impacts
might result,
✓ Review design samples and possibly a 3-d mockup before the survey is distributed
It was noted that a public meeting to further vet this project and information would be held in
December
The seventh item on the agenda was First reading of Ordinance No 16, Series 2014, 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, 2015 through
December 31, 2015 as presented by Kathleen Halloran, Assistant Finance Director Several
items were reviewed such as.
• Housing Buy Down Program
• Affordable Care Act expenditure impacts related to part time employees who will need
health coverage
• The plan for implementing a 1% pool for exceptional performers as discretionary vs
percentage based
• Revenue projections for projects that may come online as not included
• Commission on Special Events funding request for $50K for fireworks which was supported
by council
• Review of employee expenditures related to benefits and overtime, further information was
requested for second reading
• Budget for capital outlays
• Staffing level summary report and overtime expenditures
• Burton $400k funding request
Nick Sergeant, Burton, presented some event metrics for the USO Burton event at this time
There were some questions about the validity of the numbers, specifically the lodging and sales
tax collections during that timeframe and especially when compared with historical trends
There were some concerns expressed about funding at the same level with several council
members preferring to reduce that number over time Some supported the level of funding
based on the return from the national media exposure and attraction of the demographic the
town is looking for Burton agreed to work with the town to continue to fine tune how events can
be measured and results evaluated to determine the value of an event to the town and
subsequent funding by the town and event promoters
There was additional review made of several funding requests by the following
Town Council Meeting Minutes of November 4, 2014 Page 4
BFAG's request for $500K from the town's CIP budget to help with the education center
construction costs It was noted they now are engaged in a capital campaign of fundraising
for the new education center There was support for this budget item and a request a
payment plan is drafted that would be incremental as the protect progresses and the capital
funds are raised through their campaign Public input on the request was given by Susie
Tjossem and Diane Boyer as related to their campaign and the need for the town's support in
the long term of the museum and its proposed capital expansion improvements There was a
request to further review their proposal at a future meeting in early 2015
Bravo's Jeane Reid was presented to thank the town for its 27 years of support and a brief run
down of next year's programming
Walking Mountains Science Center's request was noted for their educational programming,
Actively Green programming
Daly thanked Judy Camp, outgoing Finance Director, for her years of service and commitment
to the Town of Vail with many compliments and praise for her performance which included great
insight and diligence in ensuring the town was placed in an exceptionally strong financial
position Moffet moved to adopt Ordinance No 16, Series 2014 on first reading, Kurz seconded
the motion and it passed unanimously (7-0)
At this time Daly also recognized Mark Miller, Fire Chief, for his years of service and
commitment to the Town of Vail and ability to get results with the construction and remodel of
two stations and his effort in building a strong department Both employees resigned recently
He then introduced the new interim Fire Chief as Steve Pishke who would head up the
department until a new Chief was hired
The eighth item on the agenda was first fe4tlfng-of, Ordinance No 17, Series of 2014, an
Ordinance to Rezone a Portion of Parcel9 *(,tbe"U'o�d¢ri,Reak Ski Base And Recreation District
Parcel Subdivision From Ski Base Recro'atibd District to'SKt.Base Recreation 2 District, Located
at 460 Vail Valley Drive/Parcel 1, Iden Peakk��fci.B�e and Recreation District Parcel
Subdivision, and Setting Forth Detail in:Rej�rd.7Tiereto;;(PEC140022) Jonathan Spence,
Planner, explained that Vail Resorts, I ihtends to transfer the subject property to the Ski and
Snowboard Club Vail so that rt may 0rNbl�ed, �il17 the existing Ski and Snowboard Club
parcel The transfer would occur shortly bq'fQ,itj}; Go" encement of the redevelopment The
purpose of the amendment is to establish" 6pment site with uniform zoning for the
redevelopment of the Ski and Snowboard Club Vail Clubhouse It was noted that on October
27, 2014, the Planning and Environmental Commission unanimously forwarded a
recommendation of approval to the Vail Town Council for the zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Moffet moved to
approve Ordinance No 17, Kurz seconded the motion and it passed unanimously (7-0). No
public input was received
The ninth item on the agenda was Ordinance No 15, Series of 2014, Second Reading,
Amending SODS as presented by Joe Batcheller, Community Development, an ordinance
repealing and reenacting 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
Town Council Meeting Minutes of November4, 2014 Page 5
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) On October 7, 2014, the Vail Town Council approved the first reading of
Ordinance No 15, Series of 2014 Matthew Cain thanked council for their time earlier in the day
during the site visit and further addressed the benefits of then application to the neighborhood
and community There was some further discussion about this protect and whether or not there
was town policy that addressed office space in certain zone districts Both property owners
Mery Lapin and Bill Pierce were present with comments about the project Bugby moved to
approve Ordinance No 15, Series of 2014; Kurz seconded the motion Moffet noted that he
would not support this motion because the public benefit does not meet the burden of the
change. There was further discussion about the costs to convert the units, the basis of the
criteria used in evaluating the application, and public benefit The motion was amended to
include the finding reported in the staff memo and passed with a four to three vote (4-3, Daly,
Moffet, Bruno opposed)
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 10 55 p m
Respectfully Submitted,
Attest
—�-—
Andy Daly, May I
/y'aA1
Patt/` My, Tow
Town Connnl Meeting Minutes of November 4,2014 Page 6